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Time Description 9:07 a.m. Meeting Called to Order at the Mariposa County Government Center with Supervisor Pickard excused to attend the National Weed Awareness Week in Washington, D.C. Fred Paige, Deputy Sheriff, led in the Pledge of Allegiance. Introductions Approval of Consent Agenda (See End of Minutes) NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. BOARD ACTION: There was no input from the public. Chair Bibby pulled item 11 for correction and to be rescheduled on the March 6th agenda. She pulled item 13 to be addressed at the end of the timed agenda. (M)Fritz, (S)Aborn, the balance of the items was approved/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Janet Bibby, Board of Supervisors Chair; Adopt and Present Resolution and Tile Plaque Recognizing Fred Paige Upon his Retirement from the Sheriff’s Department BOARD ACTION: Chair Bibby commended Deputy Paige for his service to the County. Input from the public was provided by the following: Susie Johnson, member of the West Point Tribe of Calaveras, thanked Deputy Paige for the influence he had on her life eighteen years earlier and on other tribal members over the years. (M)Turpin, (S)Fritz, Res. 07-64 was adopted and presented to Fred Paige, along with a tile plaque/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Supervisor Turpin thanked Deputy Paige for his service to the North County over the last few years. Deputy Paige thanked everyone for their support and advised that he looks forward to working with the community on projects. Jim Allen, Sheriff, presented Deputy Paige with his retirement badge; and Fred’s wife Sheila, pinned the badge on him. 9:21 a.m. Recess 9:32 a.m. Sheriff Jim Allen; Present Richard C. Hutchinson the “President’s Volunteer Service Award” (Created by President George W. Bush) Recognizing his Valuable Contributions BOARD ACTION: Sheriff Allen presented Dick “Hutch” Hutchinson with the “President’s Volunteer Service Award” along with a gold pin and letter from President Bush, and the nomination form for this award. Hutch thanked his wife for her support and stated he appreciates being able to work with the community. Board members thanked Hutch for his community service. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 27, 2007 ---PAGE BREAK--- 2 2-27-07 Public Presentation: For items within the jurisdiction of the Board and not on today’s agenda. Ruth Sellers, on behalf of TIE (Transportation Involves Everyone), advised that Charles Phillips took his time on Monday to patrol Highway 120 to see how many tour buses were traveling that way, and there were none because of the chain controls to the Park and there was snow in the Valley. She thanked Charles Phillips for his efforts. She noted that Lee Goldenberg of CalTrans Rail Division will be here on Wednesday to meet with the Board members relative to the San Joaquin Valley Rail Committee. Chair Bibby noted that Lee Goldenberg has separate meetings scheduled with the Board members. Paul Chapman referred to the Board’s approval of the Civil War Reenactment on January 16th as a County-sponsored event, and he cited Government Code sections and previous concerns he expressed that this is not compatible with the agricultural operations and Williamson Act contract provisions on the property, and relative to insurance issues. He stated he does not feel that the County can sponsor the event for insurance purposes, and he presented his written statement. Board Information Supervisor Fritz advised that she attended the CSAC (California State Association of Counties) Conference in Sacramento the previous week. She advised that the Chamber of Commerce service clubs and organizations recognition dinner is Friday night at the Fairgrounds. Supervisor Turpin advised that he attended the Stanislaus National Forest OHV (off highway vehicle) meeting in Greeley Hill on Monday, and he is planning to schedule an agenda item on this matter for comment from the Board. He commended the road crews for their work during the winter. He also noted that he has received compliments from several homeowners expressing their appreciation for the Building and Health Departments’ assistance with their remodel and construction projects. Supervisor Aborn stated he attended the new supervisors training session in Sacramento put on by CSAC, and there is another session in May. He attended the Republican Central Committee dinner on Saturday. Supervisor Bibby noted that the recent VIA/AAA magazine had a story on Mariposa County. She advised that the annual enchilada feed is scheduled for this Saturday in Hornitos, and she noted that the Patrons Club uses the proceeds to help maintain the Stagg Hall. She advised of news received from Wes Lujan, Advocation, of Art Baggett’s reappointment to another four-year term on the Water Resources Control Board. Thomas P. Guarino, County Counsel; Update, Discussion and Possible Direction to Staff Regarding the Sund Pelosso Homicide Trial Audit BOARD ACTION: Thomas P. Guarino, presented information on the status of the audit. Discussion was held. There was no public input. Chris Ebie, Auditor, provided input relative to the audit and the balance of $129,000 in the account. Rick Benson, County Administrative Officer, suggested that funding be set aside and earmarked for the balance of the audit exceptions; and if the funding is not needed, it could be returned to the General Fund. He noted that this does not give up on the right to pursue the audit exceptions. (M)Fritz, (S)Aborn, direction was given for $159,000 to be set aside for the audit/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Richard J. Benson, County Administrative Officer; Approve the 2006 Reclassification Requests as Recommended to be Effective July 1, 2006 for Certain Positions for Human Services and Technical Services Departments; Approve Recommendation to Deny Requests for Public Works Department and to Bring Back two Requests Still being Considered; Approve the Budget Action Transferring Funds within Technical Services Budget to Accommodate the Increased Salaries ($2,568); Approve the Budget Action Transferring Funds within Human Services Budget to Accommodate the Increased Salaries ($31,574); and Approve Amended Job Descriptions for Alcohol & Drug Specialist I/II and Network Administrator I/II BOARD ACTION: Rick Benson presented the staff report. He advised that there were nine requests and he is recommending approval of nine of the requests, denying one (account clerk III in the Public Works Department), and two requests (account clerk III and executive secretary in the Public Works Department) are still being considered. He recommended that the approved requests be effective ---PAGE BREAK--- 3 2-27-07 retroactive to July 1, 2006, and he advised of the recommended budget actions. Discussion was held. There was no public input. (M)Fritz, (S)Turpin, Res. 07-69 was adopted approving the recommended actions/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. 10:15 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Commissioner Lyle Turpin, Vice-Chair – Commissioner Dianne Fritz) A) Public Presentation – none B) Authorize the LTC Executive Director to Apply for High Risk Rural Road Program Funds for the Greeley Hill Walkway Project (Executive Director) COMMISSION ACTION: Discussion was held with Dana Hertfelder, Public Works Director. Commissioner Bibby noted that she provided typographical corrections to the Department for the application, and she clarified that there is no County match required for this application. (M)Fritz, (S)Bibby, LTC Res. 07-2 was adopted authorizing submission of the application/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. 10:20 a.m. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/County Administrative Officer) BOARD ACTION: Chair Bibby advised that she has a call in to CalTrans to provide a status report of any movement as a result of the recent rain. She commented on the workshop scheduled for March 6th to meet with the businesses and the community to gather information on the affects of the Ferguson Rockslide. Rick Benson, County Administrative Officer, advised that an invitation to the workshop has been extended to the elected officials and to the business community, and he advised of his discussion with CalTrans and they will attend to be able to answer questions. He urged those in the audience to provide input on any impacts that they are aware of. Chair Bibby noted that CalTrans Director Kome Ajise will not be able to attend; however, Julie Dunning will be present. Supervisor Turpin advised that he noticed that the river water at Bagby bridge was muddy this morning and he wondered whether there has been any activity with the rockslide. There was no public input. (M)Turpin, (S)Aborn, Res. 07-70 was adopted finding the local emergency due to the landslides on Highway 140 enroute to Yosemite National Park continues to exist, and continuing the local emergency based on the findings/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. Consent Agenda item 13 – approval of the annual Friends of the Red Cloud Library St. Paddy’s Dinner as a County sponsored event. Supervisor Bibby initiated discussion concerning this request and her concern with the serving of alcohol, and she stated she would like to see the County get away from sponsoring events where alcohol is involved and she would like to see a policy developed. Supervisor Fritz asked weather the L.E.A.D. training was taken by their servers; and she suggested that perhaps consideration could be given to looking into whether the service clubs could obtain an insurance rider for the alcohol portion and the County could sponsor the event. There was no public input. (M)Turpin, (S)Fritz, Res. 07-71 was adopted sponsoring the event; and Supervisor Turpin requested that a Board item come back to discuss developing a policy for sponsoring events. Supervisor Aborn stated he feels that consideration should be given relative to the type of alcohol to be served. Ayes: Aborn, Turpin, Fritz; Noes: Bibby; Excused: Pickard. Adopt a Resolution Declaring the Board’s Intention to Lease Grazing Property Located in the Hornitos Area (County Counsel) BOARD ACTION: Thomas P. Guarino, County Counsel, initiated discussion and advised that he is looking for direction as to whether the Board wants an outside appraisal on the lease value in addition to the information obtained from the Assessor’s Office; and for direction on whether the Board wants to proceed with intent to lease the property. Supervisor Turpin questioned whether the Agricultural Advisory Committee has been involved in this matter, and he stated he feels that the recommended lease price is high given the small amount of acreage. He suggested that input be obtained from the Farm Advisor and the Agricultural Commissioner on this matter. ---PAGE BREAK--- 4 2-27-07 Input from the public was provided by the following: Paul Chapman referred to Georgine Baxter’s request concerning five parcels of about 235 acres, and he noted that this item refers to three parcels consisting of 18.65 acres. He stated he feels the average rent in the County is $17 an acre according the Agricultural Commissioner and he referred to the State law. County Counsel advised that he did not add up the acreage, and he advised that this process complies with the State law. Further discussion was held. Supervisor Fritz agreed with this matter coming back with more information on the lease value and with getting input from the Agricultural Commissioner. Supervisor Bibby suggested that input also be sought from the Agricultural Advisory Committee or the Farm Bureau. Board members concurred with getting input from the Agricultural Commissioner and with verifying the Assessor’s appraisal of lease value. Supervisor Turpin asked that the acreage be verified. Supervisor Bibby asked that information be provided relative to the status of fencing. Approval of Minutes of October 23, 2006, Continued Meeting from October 17, 2006; October 24, 2006, Regular Meeting; October 30, 2006, Special Meeting; November 14, 2006, Regular Meeting; November 28, 2006, Regular Meeting; December 12, 2006, Regular Meeting; December 19, 2006, Regular Meeting; January 9, 2007, Regular Meeting; January 16, 2007, Regular Meeting; January 23, 2007, Regular Meeting; and February 6, 2007, Regular Meeting (Clerk of the Board) BOARD ACTION: There was no public input. (M)Turpin, (S)Fritz, the minutes for the following meeting dates were approved: October 23, 2006, October 24, 2006, October 30, 2006, November 14, 2006, December 12, 2006, and December 19, 2006/Ayes: Turpin, Bibby, Fritz; Abstained: Aborn (as he was not on the Board for those meetings); Excused: Pickard. (M)Fritz, (S)Aborn, the minutes for the following meeting dates were approved: January 9, 2007, January 16, 2007, January 23, 2007, and February 6, 2007/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. The minutes for November 28, 2006, were continued to March 6th for approval. Adopt a Resolution Certifying the Disability Retirement of Bryce R. Johnson, a Deputy Probation Officer III, Effective March 1, 2007 (County Administrative Officer/Personnel Director) BOARD ACTION: Rick Benson, County Administrative Officer, presented the request, and he advised that information was provided to the Board previously in a closed session and because this is a personnel mater, it would not be appropriate to discuss that information. However, he advised it would be appropriate to take the recommended action to initiate the disability retirement. Input from the public was provided by the following: Frank Bartholomew provided information on his background and work with civilian employees, and he advised that he has known Bryce Johnson for over twenty years and he is personally aware of the personnel action taken against him and of the funds that the County has spent to prevent this employee from returning to work; and he questioned these actions. He stated he feels that this will result in unnecessary litigation. He stated he feels that it appears that the County is forcing an employee to retire against his will. He asked that the new Supervisor(s) read the file and judge for themselves, and interview Mr. Johnson before they vote on this request. He stated he feels that it is questionable that the County Administrative Officer is the Personnel Officer. He cited a quote on a local church marquee – “Always do onto others as if you were the others.” Laura Kirn stated she is a federal government employee and is familiar with federal employment practices. She presented a written letter testifying on behalf of Bryce Johnson as a close personal friend. 11:06 a.m. Recess to allow time for the Board members to read the letter submitted by Laura Kirn. ---PAGE BREAK--- 5 2-27-07 11:34 a.m. Chair Bibby noted that the information that is being provided to the Board by the public on this matter is public information. Bryce Johnson read his written statement into the record. He advised that he has resided in the County for 23 years and employed by the Probation Department for about 20 years. He expressed concern that the recommended resolution certifying his disability retirement damages him personally and professionally. He does not feel that there is any evidence to suggest that he is disabled. He stated his attorneys have advised PERS (Public Employees Retirement System) that he is contesting this decision and will appeal any decision to retire him. He feels that the record is clear that he worked in a hostile working environment that led to a temporary but not permanent disability, and that he was retaliated against by the department head and others when he raised officer safety issues, unfair employment practices, and inappropriate behavior by the department head. He commented on the reorganization of the department due to the loss of grant funding and stated he does not feel that due process was followed. It resulted in his position of Deputy Chief being deleted and he was demoted to a line probation officer. He read a memo dated August 1, 2005, from former Auditor, Ken Hawkins, saying there was no fiscal crisis and that General Fund dollars were available. After the reorganization, his doctor recommended that he take time off and commented on his health problems and those of a co- worker. He advised that he filed a claim for temporary disability workers compensation benefits, and he recently refused the settlement of $10,000 and resignation of his job offer. In addition, he filed an action pursuant to California Labor Code section 132a, which provides for increased penalties to an employer who discriminates against employees for having sought relief under the workers compensation laws. He stated he feels there was also an attempt to disability retire Sheriff Allen. He commented on the legal expenses for the County and for himself in these matters. He further commented on the evaluation process with the doctors, and he feels that he has been cleared to return to work by every doctor that he was required to see. He stated he is not disabled and he has been working a security job out of necessity. He stated he always received outstanding personnel evaluations under every prior Probation department head. He stated he feels that this isn’t just about him, but about every County employee who has been treated in an unfair manner merely because they have exercised their right to speak out. He urged the Board to vote “no” on this item and he referred to a saying – “get the facts or the facts will get you.” He stated he feels that the requested action is fraudulent as he is not disabled. Rick Benson advised that this action is being recommended as a result of his conferring with his immediate predecessor, and he utilized and relied heavily on the opinion of outside counsel. Discussion was held. Supervisor Aborn requested that the matter be continued to allow him time to obtain more information. Supervisor Fritz suggested that the matter be continued as Supervisor Aborn requested and to allow for a full Board to be present. The Board concurred with continuing this matter as requested. INFORMATION – No action was necessary on the following: A) Notice that Tuesday, March 6, 2007, at 6:00 p.m. the Board will be Holding a Workshop to Meet with the Businesses and the Community to Gather Information on the Affects of the Ferguson Rockslide (County Administrative Officer) (No Folder) B) List of Contracts Entered into by the County Administrative Officer Pursuant to Ordinance 3.08 for the Months of November, December 2006 and January 2007 CLOSED SESSION: Conference with Legal Counsel; Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: Total Waste Systems, Inc. v. County of Mariposa (County Counsel) BOARD ACTION: Matter was continued to March 6th at County Counsel’s request. 11:52 a.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Cases to be Discussed: 1 (County Counsel); and ---PAGE BREAK--- 6 2-27-07 CLOSED SESSION: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1 (County Administrative Officer/Personnel Director) BOARD ACTION: There was no public input. (M)Aborn, (S)Turpin, the closed sessions were held/Ayes: Aborn, Turpin, Bibby, Fritz; Excused: Pickard. 12:59 p.m. Chair Bibby announced that information was received and no action taken on the closed session matter scheduled by County Counsel; and direction was given to staff on the closed session matter scheduled by the County Administrative Officer. CONSENT AGENDA: CA-1 Approve an Agreement with California Department of Boating and Waterways to Participate in Boating Safety and Enforcement Financial Aid Program for Fiscal Year 2007-2008 and Authorize the Chair of the Board of Supervisors to Sign the Agreement (Sheriff); Res. 07-65 CA-2 Approve an Interim Rental Agreement with 35-A District Agricultural Association for use of the Fairgrounds Facility for Calendar Year 2007 for Training and Animal Control and Authorize the Chair of the Board of Supervisors to Sign the Agreement (Sheriff); Res. 07-66 CA-3 Approve Agreement 07-LE-11051360-006 with the United States Department of Agriculture, Sierra National Forest to Assist in Providing Law Enforcement Services on National Forest Lands (Sheriff); Res. 07-67 CA-4 Accept the Resignation of Jacque Meriam, At-Large Member, from the Historic Sites and Records Preservation Commission (Supervisor Pickard) CA-5 Adopt a Resolution Approving Road Name “Tanager Lane” for the Subject Easement in Conjunction with Land Division Application No. 2007-020, Road Name Application No. 2007-021, Wieg Development, Applicant (Planning Director); Res. 07-68 CA-6 Proclaim March 2007 as “Clubs and Organizations Appreciation Month in Recognition of the Valuable and Multitude of Services that the Local Clubs and Organizations Provide to the Community; and Approve a Certificate of Recognition to be Presented to the Mariposa County Volunteer of the Year during the “Clubs and Organizations Appreciation Dinner” (Chair Bibby) CA-7 Re-appoint Tom McCann, Pamela Salisbury, Dale Wohlgemuth and Don Isbell to the Fish Camp Planning Advisory Council for Terms Expiring February 28, 2009 (Supervisor Pickard) CA-8 Re-appoint Marty Livingston, Audrey Noel, Jeff Harsha and Rhonda Scherf to the Parks and Recreation Commission; Accept Resignation from Becky Konrath; Appoint Donald Pucilowski, for Terms Expiring February 27, 2011 (Public Works Director) CA-9 Re-appoint Shirley Kendrick, Marilyn Wilcox and Gary Balmain to the Greeley Hill Planning Advisory Committee for Terms Expiring February 28, 2009 (Supervisor Turpin) CA-10 Re-appoint John Schroeder, Carmen Mecleary, Don Fox and Charles Lammers to the Midpines Planning Advisory Committee for Terms Expiring February 28, 2009 (Supervisor Aborn) ---PAGE BREAK--- 7 2-27-07 CA-11 Re-appoint Harvey Holland, Laurel Anderson and Nate Kerr to the El Portal Town Planning Advisory Committee for Terms Expiring February 28, 2009 (Supervisor Aborn); Pulled for correction and to be rescheduled on the March 6th agenda. CA-12 Re-appoint Don Pitts, Jeff Hornacek, Patricia Montplaisir and Pete Ulyatt to the Yosemite West Planning Advisory Committee for Terms Expiring February 28, 2009. Re-appoint Kenneth LeBlanc, Louis Bond and Robert Woolard to the Yosemite West Planning Advisory Committee for Terms Expiring February 29, 2008 (Supervisor Aborn) CA-13 Approve the Annual Friends of the Red Cloud Library St. Paddy’s Dinner as a County Sponsored Event (Supervisor Turpin); Res. 07-71, with request for an item to come back to the Board to discuss developing a policy for sponsoring events. 1:00 p.m. Adjournment in memory of Everett S. DeMoss and Leona Beard. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board