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Time Description 9:02 a.m. Meeting Called to Order at the Mariposa County Government Center Chair Bibby announced that Dr. Mosher, Health Officer, would provide information on a recent health issue this morning. 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: Chair Bibby noted that the approval of the minutes for the March 13, 2007, meeting in item 1 will be continued to April 10th for approval; and she clarified that item 4 requires a 4/5ths vote. Input from the public was provided by the following: Skip Skyrud, representing the E. Clampus Vitus, referred to item 6 and he thanked the Board for its support and presented an invitation to the dedication of the monument for the Mariposa Museum and History Center’s 50th anniversary on April 7th. Paul Chapman referred to item 2 and questioned the additional costs. He stated he feels action on item 5 should have been considered in January. Supervisor Aborn pulled item 2 for discussion, and this item was taken up later in the meeting. (M)Turpin, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. Dr. Mosher, Health Officer, provided a status report on the recent meningitis outbreak. He advised that there is one case involving a child at Catheys Valley Elementary School. Board Information Supervisor Fritz advised of issues discussed at the CSAC (California State Association of Counties) conference the previous week, including medical coverage issues. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda – None. Continued Board Information Supervisor Pickard advised of the CMPS (County Medical Service Program) governing board meeting he attended and discussion concerning the issue of medical coverage for the uninsured. Supervisor Aborn advised that he met with the Public Works Director and discussed safety issues in El Portal and road project funding issues. He attended the 4-H meeting and dinner in Bootjack. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA April 3, 2007 ---PAGE BREAK--- 2 4-3-07 Supervisor Turpin advised that he attended the CSAC Legislative Conference the previous week, and he advised of issues that were discussed, including Williamson Act contracts, and the need for counties to provide assessments of transportation needs and he will contact the Public Works Director on this matter. Supervisor Bibby advised that she and Supervisor Turpin met with Congressman Radanovich on Saturday; and he also met with other Board members on pending issues. She plans to attend the meeting in Catheys Valley this afternoon regarding the meningitis concerns. The First 5 meeting for April 9th has been moved to April 16. She plans to attend the dedication of the monument erected by the E. Clampus Vitus at the Mariposa Museum and History Center on Saturday. Chair Bibby; Proclaim the Month of April, 2007 as “National Professional Social Worker Month” BOARD ACTION: There was no public input. (M)Fritz, (S)Aborn, the Proclamation was approved and presented to John Lawless, HSD/Deputy Director of Behavioral Health. John Lawless advised that he was accepting the Proclamation on behalf of the Human Services Director and the Social Workers. Ayes: Unanimous. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; A) Adopt a Resolution Certifying the Disability Retirement of Bryce R. Johnson, a Deputy Probation Officer III, Effective April 1, 2007 (Continued from February 27th, 2007) BOARD ACTION: Rick Benson advised that this matter was continued from February 27th for the full Board to be present and for the new Board member (Supervisor Aborn) to be brought up to status with the situation; and he advised that Attorney Woody Merrill was present. Supervisor Pickard asked that Attorney Merrill provide information concerning this matter that is public information. Attorney Merrill advised that over a period of time, a number of lawyers and County officials have reviewed the information and they feel there is enough information for this action and this matter has not been taken He recommended that there be no discussion on the issues related to the medical and personnel potions of this matter. Input from the public was provided by the following: Peggy Shainberg spoke supporting Bryce Johnson. She advised that she has been a resident of the County for 34 years and has known Bryce for 15 years and during part of that time she was a Deputy District Attorney. She found Bryce to be helpful and professional and she really does not understand how the County can be stating that he is disabled. She sees him running when she is out walking and he is always willing to help them with their sailboat. She feels it would be more advantage for the County to have Bryce working. Steve Welty, Attorney representing Bryce Johnson in this matter, stated he has an emphasis in retirement issues with PERS. He advised of his review of the doctors’ reports and depositions taken; and he assumes the Board has read those reports and knows the doctors opinions that Bryce is ready and willing to go back to work. He advised of the appeal process that is available to them if the Board takes this action. He stated he feels the question is whether Bryce can perform his job duties today, and he does not feel there is any evidence that he can not perform his job. He stated he finds it strange that the Board is going to adopt the retirement effective today, but the County applied for this six months ago. He stated he feels that this action is retaliation and he feels this will create issues of involuntary termination. Supervisor Pickard asked Attorney Merrill to respond relative to the effective dates of this matter. Attorney Merrill noted that this is the date of the proposed Board action. Rick Benson advised that the resolution has to be adopted within six months after filing the disability retirement; otherwise the disability retirement will not be granted by PERS. Supervisor Bibby stated she has issues with this matter and she is unable to make the finding of the resolution. Supervisor Pickard advised that he is relying on medial opinions and legal advice in this matter and agrees with the recommendation of staff. (M)Pickard, (S)Turpin, Res. 07-119 was adopted certifying the disability retirement for Bryce Johnson as recommended by staff. Supervisor Bibby noted that the Board members have only reviewed the information that they have been provided. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. ---PAGE BREAK--- 3 4-3-07 B) Recommendation to Deny the Remaining Two 2006 Reclassification Requests (Account Clerk III and Executive Secretary Classifications in the Public Works Department) and Provide Direction to Staff to Review the Executive Secretary Classification for Further Development BOARD ACTION: Rick Benson advised of his review of the requests and of his recommendation to deny the reclassification requests. He advised that he expects to come back to the Board with the final budget hearing process for consideration of a flex class for the Executive Secretary. Supervisor Pickard initiated discussion as to whether there are any other options for the Account Clerk III position. Discussion was held relative to the requests and the recommendation. There was no public input. (M)Fritz, (S)Pickard, Res. 07-120 was adopted denying the reclassification requests as recommended; and direction was given for the County Administrative Officer to review the Account Clerk III position for consideration of adding another level to the flex series or other options. Further discussion was held. The motion was amended, agreeable with the maker and second, to include direction for an item to be brought back for consideration of a flex class for the Executive Secretary. Rick Benson thanked Lisa Edelheit, SEIU Union Representative, for her work on this matter; and he advised that she was unable to attend this meeting, but expressed the same concerns as discussed by the Board and she did not agree with the recommendation. Supervisor Bibby stated she feels there are other positions where employees are topped out, and she does not support this. Supervisor Pickard asked for clarification of the direction relative to the Account Clerk III position, and suggested that the direction be dropped from the motion. No change was made to the motion. Supervisor Turpin commented on addressing this issue on a countywide basis. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. C) Recommend the Implementation of the Salary Survey Results for Certain Classifications Represented by the Mariposa County Managerial and Confidential Organization (MCMCO) as Well as Certain Unrepresented Confidential Positions to be Retroactive to November 1, 2006. BOARD ACTION: Discussion was held with Rick Benson relative to the process and the recommendation. Input from the public was provided by the following: Kristy Waskiewicz, representing MCMCO, commented on the process and meetings held concerning this matter. She feels that they are down to issues that can be resolved and issues that can be resolved with further discussion. She advised that they have not raised new issues recently, and the issues that they are concerned with have been brought up repeatedly throughout the process; and she feels that based on her discussion with Rick Bolanos, County labor negotiator, on Monday, that their respective positions are close. She agrees that the recommended actions need to go forward today; but she advised that the Victim-Witness Coordinator and Staff Services Manager positions need to be adjusted; and the compaction issue with the deputy district attorney positions needs to be taken care of, and she noted that this issue was included in the negotiated agreement. She believes that resolution is within reach on the remaining issues relative to methodology on the other classifications that are disputed, and she believes that further discussion will be of benefit to the County and the employees. Rick Benson responded and advised that he has not reviewed nor does he have a recommendation from outside counsel on the issues that were raised. He suggested that there could be a short window, perhaps two weeks, to review these issues with Attorney Bolanos and to come back with an additional report. Kristy Waskiewicz advised that it would be acceptable to allow the time for further review, as long as the changes for the two classifications that she mentioned are retroactive to November 1, 2006. Bob Brown, District Attorney, provided background information on the compaction problem with the deputy district attorney positions; and he advised that it was his request that this be addressed with the negotiation process. (M)Turpin, (S)Aborn, Res. 07-121 was adopted approving the recommended action; and including direction to further review the Victim-Witness Coordinator and Staff Services Manager positions, and the compaction issue with the deputy district attorney positions as discussed/Ayes: Unanimous. 10:22 a.m. Recess 10:45 a.m. Consider Items Removed from the Consent Agenda ---PAGE BREAK--- 4 4-3-07 Consent Agenda item 2 – amendment to agreement with Fred Solomon for the Don Pedro Wastewater Treatment facility. Supervisor Aborn initiated discussion relative to the request and consideration of having the work done by an in-house engineer. Dana Hertfelder, Public Works Director, responded and advised that the costs for this project are paid by the assessment and the construction management is required for the project. He advised that Kennedy-Jenks gave a much higher cost estimate to provide this service, and does not do all of the billing. The USDA is happy with working with Fred Solomon, and he takes care of all of the billing; and he noted that Mr. Solomon also received additional grant funding for this project. He advised that he does not have staff available to do this work in-house. He responded to a question from Supervisor Bibby, and he advised that funds are available and no budget action is needed. (M)Pickard, (S)Turpin, item 2 was approved/Ayes: Unanimous. Jim Wilson, Fire Chief; Presentation of Accomplishments to Date on the Southwest Interface Team (SWIFT) Project. Presenters will Include Mariposa County Fire Department, Mariposa Fire Safe Council and Tom James, SWIFT Coordinator. BOARD ACTION: Jim Middleton, Deputy Fire Chief, advised that the two groups funded with Title III funds will give a presentation on the status of their projects. Tom James, Coordinator for the SWIFT project, gave a power point presentation on their accomplishments in the North County and in Tuolumne County; and he advised of their coordination with several agencies. Kimberly Bullock, Mariposa Fire Safe Council Project Coordinator, gave a power point presentation on the projects they have worked with. Mikel Martin, CAL FIRE – Unit Chief of the Madera-Mariposa-Merced Ranger Unit, noted that the California Department of Corrections and Rehabilitation’s inmate crews at Mount Bullion have been able to help with keeping the projects moving forward; and he commended everyone for their collaborative effort with the programs. There was no public input. Supervisor Fritz asked about giving these presentations at District meeting and community meetings; and the participants advised that they would be happy to do that. Supervisor Bibby asked about the status of the fire season. Mikel Martin advised of the status of their staffing the stations and advised that everything is earlier this year due to the fires and current conditions. He also noted that they will be moving forward with the 100-foot clearance for fuel breaks inspections. 11:28 a.m. - Lunch 2:00 p.m. – The Board reconvened with Supervisor Turpin excused for the rest of the meeting. Dr. Mosher, Health Officer; Request for Variance from Statutory Setback Distance of 100 Feet Between Well and Septic Leachfield in APN 006-160-033, Dan Eisenstein, Applicant BOARD ACTION: Discussion was held with Dr. Mosher and Health/Registered Environmental Health Specialist, concerning the request. There was no public input. (M)Fritz, (S)Aborn, Res. 07-123 was adopted approving the variance/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Supervisors Aborn and Bibby; Presentation by Sheri Ogden of Yosemite National Park Concerning the Proposed Increase in the Entrance Rate for Yosemite’s Entrances; and Discussion and Possible Action by the Board of Supervisors BOARD ACTION: Sheri Ogden presented background information on the proposal and what the Park Service is looking for in terms of comments and input. She advised that they would like to have comments submitted by April 16th for inclusion in their response. Discussion was held. Input from the public was provided by the following: ---PAGE BREAK--- 5 4-3-07 Ken Gosting asked if there is currently a surplus of funds in the gate fee account. Sheri Ogden advised that there are projects planned for all of the funds that are available through 2011. Ken Gosting provided input on the correlation of gate fee increases and Park visitation. Supervisor Pickard requested that this matter be scheduled for April 10th to approve a response and he offered to draft the agenda item; and he asked that the Yosemite-Mariposa Visitors’ Bureau be contacted to provide their input. He feels it would be good to at least postpone the increase until the issue with the Ferguson rockslide is resolved. (M)Pickard, (S)Fritz, the matter is to be scheduled for April 10th to consider action on a response to the fee increase proposal. Rick Benson advised that he will contact the Visitors’ Bureau Director for the Bureau to discuss this matter at their meeting scheduled for Wednesday. Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. 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: Rick Benson advised of discussions that individual Board members had with Congressman Radanovich on Saturday concerning the temporary and permanent fix; and he advised of the recommendation to have someone who is familiar with transportation and the Federal Highways Administration to help represent the County at the State and Federal level. He advised of work with the Park Service on coordinating a socio-economic study; and he recommended that the Board continue the local emergency declaration. Supervisor Fritz commented on information received from Dick Whittington/YARTS on a meeting that was held in Merced with CalTrans concerning options for a permanent fix, including the new option of a cantilever system. There was no public input. (M)Pickard, (S)Aborn, Res. 07-124 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, Bibby, Fritz, Pickard; Excused: Turpin. Waive the Second Reading and Adopt an Ordinance Amending Zoning Ordinance Text for Sections 17.336.060.B and 17.336.070.A of Chapter 17.336 of the County Code Pursuant to Specific Plan/Zoning Amendment 2006-295 (Planning Director) BOARD ACTION: Larry Enrico, Senior Planner, advised of the correction of a typographical error and formatting changes to the Ordinance. There was no public input. (M)Pickard, (S)Aborn, the second reading was waived and Ordinance No. 1036 was adopted. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. CONSENT AGENDA: CA-1 Approval of Minutes of March 6, 2007, Regular Meeting and Approval of Minutes of March 13, 2007, Regular Meeting (Clerk of the Board); Minutes for March 13th were continued to April 10th for approval. CA-2 Approve Amendment to Agreement with Fred Solomon to Extend the Term for Four Additional Months in the Amount of $6,000 per Month for Construction Management of the Don Pedro Wastewater Treatment Facility and Authorize the Chair of the Board of Supervisors to Sign the Amendment (Public Works Director); Res. 07-122 CA-3 Approve a Change in the Signature Format of the Governing Body Resolution Document Pertaining to the 2006 Homeland Security Grant (Fire Chief); Res. 07-116 CA-4 Approve an Amendment Increasing the LIHEAP Agreement 06B-5373 in the Amount of $12,000 and Authorize the Human Services Director to Sign the Amendment and Approve Budget Action Increasing Revenue and Appropriations within the Community Action Fund to Increase LIHEAP Revenue ($28,000) (4/5ths Vote Required) (Human Services Director); Res. 07-117 ---PAGE BREAK--- 6 4-3-07 CA-5 Adopt a Resolution Ratifying the USDA Primary Disaster Declaration Request for Mariposa County Rangeland/Livestock Operations Due to Drought Conditions by the Agricultural Commissioner (Agricultural Commissioner); Res. 07-118 CA-6 Approve a Tile Plaque to be Presented to the Mariposa Museum and History Center, Inc., in Commemoration of the Museum’s 50th Anniversary (Chair Bibby) 2:39 p.m. (M)Fritz, (S)Aborn, the meeting was adjourned in memory of Samuel R. Tipton/Ayes: Aborn, Bibby, Fritz, Pickard; Excused: Turpin. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board