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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA July 26, 2005 Time Description 9:11 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Board Information Bob Pickard, Chairman; Approval and Presentation of Letters Recognizing Evan Barrett and Derek Sego for Obtaining the Rank of Eagle Scout BOARD ACTION: (M)Bibby, (S)Stetson, the letters were approved and presented to Evan Barrett and Derek Sego, along with a Courthouse pin/Ayes: Unanimous. Supervisor Fritz commended the parents of the Eagle Scouts. Supervisor Bibby complimented both the community and youth, and recognized that there have been several young men, in Mariposa County, that have achieved the rank of Eagle Scout. Chairman Pickard commented on the tragedy at the Boy Scout Jamboree and stated that prayers go out to the families. Supervisor Bibby recognized Teacher Linda in the audience and announced that she is from the First 5 Greeley Hill Pre-School. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda - Jim Dulcich, owner of Coast Hardware, advised that he intends to invite additional members of the Downtown Association to come forward to speak about the parking lot issues. He stated that funds were previously received by the county to build a parking lot at Stroming Road, but to date nothing has been done. He advised that the Mariposa merchants have received notice that the parking lot behind the Chevron will be fenced off. He commented that towns along the San Joaquin Valley are fighting to keep business in their towns by promoting business and building parking areas. He further stated that local roads need repaired; overhead in the Government Center needs to be trimmed; and asked where the parking issue stands. He further stated that the repairs done on Hornitos Road need to be re-done. Chairman Pickard advised that the Womack parking lot issues are moving forward and should be before the Board of Supervisors in a few weeks. He further stated that the Public Works Department is to look at the cost of improving that lot. He explained that Proposition 40 Initiative funds were identified for funding of the Womack parking lot last year, that per capita funding is identified for all counties and that the Public Works Department has been advised to submit requests. Jim questioned whether the Garber property could be re-entered into negotiations for parking or purchase of the property by the County. Chairman Pickard advised that Supervisor Fritz and Supervisor Bibby are working with the downtown property owners and that it has been financially unfeasible to include the Garber parking lot. Supervisor Bibby advised that the Parking Committee would bring this matter back to the Board to address among other things, the limitations of public funds. - Patti McElligott McGregor advised that she grew up in this community and her children make six generations of her family. She stated that life seemed simpler when she was growing up and that community officials such as Sheriff Whitley, Captain Bud Johnstone, and Chick Ellingham of the ---PAGE BREAK--- 7-26-05 2 California Highway Patrol (CHP) were known as friends and authorities. She stated that Winnie Williams was also someone, who was not an official authority, who had a lot of influence in the community and that this year marks the first anniversary of his death. She provided information relative to Winnie’s life. She stated that he was regularly recognized by the community and invited the public to join the Museum Board and his family to enjoy a celebration of his life and re-visit his barbershop on Monday night from 5 to 7 p.m., at the Museum. Board Information: - Supervisor Fritz advised that there would be a Chamber Business After Hours, hosted by the Chamber of Commerce, at John C. Fremont Hospital this evening from 5 to 7 p.m. and thanked Marjorie and Keith from the Treasurer’s Office for demonstrating the new voting machines at a picnic last Wednesday night. She stated that she likes the idea that the public will get to use the machines at the fairgrounds prior to the special election. - Supervisor Stetson stated that on Thursday night, the Sierra Conservancy will hold their third forum, which is related to Mariposa County in particular. He further stated that 250 people are expected and the intent is to inform people about the nature of the Conservancy and what it will ultimately provide in the nature of funding, programming, and to understand how the local participation will work within the Conservancy. He further advised that on Saturday, he would be at the North Lake Tahoe Sierra Alliance on panel for the Conservancy and that he had just returned from a NACO conference in Honolulu, where discussion included problems of Methamphetamine, rural transportation, and public land issues. He brought back information relative to the NACO discount prescription drug program and advised of a symposium he attended relative to problems of workforce housing and the realty of homeownership in this county. He further stated that he would be bringing an item relative to a strategic and comprehensive neighborhood program back before the Board. - Supervisor Bibby thanked Senator Poochigian for hosting a public forum last week and advised that she attended the School Board Meeting last week. She encouraged the public to voice their opinions about school transportation and restricted routes. - Supervisor Turpin advised that he will be attending the Sierra Nevada Conservancy meeting on Thursday in Sonora. He thanked the Sheriff’s Office for being at the Greeley Hill District meeting on Thursday night and stated that Joe Williams presented the identification program and Sheriff Allen advised of the activities going on in Mariposa County. Approval of Minutes 6-21-05, Regular Meeting BOARD ACTION: (M)Bibby, (S)Turpin, the Minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Pickard pulled items 14 and 15, advising that they were no longer necessary at this time, and advised of item 19 on the Addendum. Supervisor Bibby pulled item 19 and Supervisor Turpin pulled items 2 and 3 for clarification. (M)Fritz, (S)Stetson, the balance of the items was approved and the Deputy Clerk to the Board read the title of Ordinance 1020 into the record for Consent Agenda item 9/Ayes: Unanimous. Consent Agenda item 2 – Supervisor Turpin initiated discussion relative to any additional cost. Dana Hertfelder, Public Works Director advised that the Contractor is only asking to extend the term of the agreement. Consent Agenda item 3 – Dana advised that Concept Designs is preparing an operation manual for the compost facility and answered Supervisor Turpin’s questions relative to the process and the timeframe. (M)Turpin, (S)Fritz, Resolution 05-364 was approved extending the term of the contract with Concept Designs Company for ongoing consulting services to the Solid Waste & Recycling Division for the Composting Facility and Resolution 05-365 was approved extending the term of the contract with Concept Designs Company for ongoing consulting services to complete the Composting Facility, Landfill & Recycling Center Request for Proposals/Ayes: Unanimous. Consent Agenda item 19 – Supervisor Bibby advised that although the items were marked July 25th, she had verified with Planning staff that the matter was posted timely, that there is no safety risk as ---PAGE BREAK--- 7-26-05 3 to the two-foot setback, and that there is adequate parking. (M)Bibby, (S)Stetson, Resolution 05-366 was adopted approving the subdivision map/Ayes: Unanimous. Susan Crain, Tourism Coordinator: Approve the Remodel of the Visitors Bureau at a Cost Not to Exceed $4,000 and Approve an Increase in the Amount of $84.66 per month in the Lease BOARD ACTION: Rich Inman, County Administrative Officer introduced the item and answered questions from the Board relative to the costs and funding. Supervisor Bibby questioned the proposed size of the office space and the need for a glass French door as opposed to a regular door. Rich stated that if a new building is built, the Visitor’s Bureau may relocate into it. Chairman Pickard confirmed that the amount of lease space and additional charge will not interfere with the operations of the Chamber of Commerce. (M)Fritz, (S)Stetson, Resolution 05-367 was adopted approving the item/Ayes: Stetson, Turpin, Fritz, Pickard, Noes: Bibby. Rich Inman, County Administrative Officer; Discussion with Bill May, Consultant and Direction Regarding HDC Equity Study BOARD ACTION: Rich Inman introduced Bill May of HDC and Associates and gave the staff report. Bill provided background of his firm and history of personnel experience, listed the counties his firm has worked with, and provided his own personal experience. He described how classification surveys are initially determined and that they are adjusted on the negotiating cost of living and can be adjusted because of equity issues, reclassifications, or because of an internal salary relationship analysis as was done for Mariposa County. He further advised of the methodology of the analysis, specifically excluding sworn Sheriff’s Office positions but including Merit System Services classifications, as the County retains absolute control over the salaries. He further advised that current Memorandums of Understanding (MOU’s) and existing classifications were reviewed, as well as the existing position allocation list and departmental organizational charts. Calculations were done of every salary differential between positions and department lines, looking to see if any salaries were linked and why, and a conclusion was drawn as to where salaries should be linked. Chairman Pickard questioned the timing and relationship of the study from when the study was first initiated. Supervisor Bibby asked whether job descriptions were reviewed for consistencies in educational requirements and substitution allowances, and whether each department head was interviewed. She questioned why the allowance of substitutions was not equal between classifications and why certain classifications were linked to each other as opposed to other classifications within the county. Supervisor Turpin questioned why some classifications were not compared. Supervisor Bibby asked whether HDC & Associates was recommending an external study and questioned how the salary of rated positions would affect new employees. Kris Schenk, Planning Director advised that all members of the Planning staff have concerns with the study. He advised that the Planning Department continues to have difficulty recruiting for a Senior Planner and believes that an external market study is critical for the success of the recruitment. He further advised that although he was interviewed by HDC & Associates, he had no information to work from and disagrees with direction of the ratings and freezing of salaries. He stated that the tremendous workload and understaffing, along with the recommendation of HDC & Associates is detrimental to the process of moving forward. He further stated that major market forces will be descending on this county and the property that is left available is because it was overlooked for previous planning or developmental reasons. He advised that the job descriptions are not accurate as to what the duties of the Planning Department staff actually are. Becky Crafts, Supervising Appraiser appearing on behalf of Bob Lowrimore, Assessor/Recorder, echoed the Planning Director’s points. She advised that she has worked for the Assessor’s Office for 22 years and this is the first year that an extension has been necessary. She requested that all positions be reviewed. Bob Brown, District Attorney, thanked Supervisor Bibby for raising her concerns relative to the District Attorney’s Office and stated that his primary concern was salary compaction in his office. He stated that he performed a survey of five surrounding counties on his own and feels that the growth difference between the District Attorney’s salary and County Counsel’s salary is disturbing. He further stated that he believes that this was an opportunity to correct issues and that it is a significant fault to not link the two salaries. ---PAGE BREAK--- 7-26-05 4 Karen Robb, Farm Advisor stated that the county is facing huge changes and that these salaries will not attract necessary individuals. Marjorie Wass, Treasurer/Tax Collector/County Clerk advised that although the internal study corrects the situation in her office, she cannot support the recommendations as a whole. She stated that current employees are committed to their work and that government process is a partnership. Every department will be affected by issues and every department employee must multi-task. She also stated that now is the time to correct structure errors. Deborah Rockwood, representing local 535 SEIU, commented that the fact that the lowest paid employees, who have to pay for benefits out of pocket was not addressed. Kristy Waskiewicz, MCMCO-AFSME Bargaining Unit, stated that she was disappointed with the report, that the classifications must be maintained, and that the unexplained delay was the responsibility of the county. She further stated that from a practical standpoint, the recommendations are not realistic, salary recommendations are useless, that Mariposa County is not competitive with salaries and an external study should be done. She advised that she has sent a letter requesting the opening of negotiations for an accessory agreement to the MOU, which expires shortly and extended an invitation to Board members to attend the negotiations. Chairman Pickard opened the item to the public and Ruth Sellers stated that she is concerned as to why the county spent $42,000 for a salary that in her opinion has no meaning. She further stated that the survey did not address salaries for County Administrative Officer or County Counsel and that she was appalled at the lack of respect given to the Planning Department. She further stated that the survey did not address salary needs that would bring Planners to the county. Paul Chapman stated that the survey is flawed and that the county should request a refund. Supervisor Bibby confirmed that incentive pay was also not included in the survey, if each position completed a questionnaire and whether every classification was interviewed. She also asked whether the recommendation to transfer the Safety Officer position to the CAO office, and whether there were any other recommendations relative to classification changes. Chairman Pickard stated that the concern with filling the County Administrative Officer position may have reflected a delay and that the study needs to be used at least as a threshold as to what needs to be addressed. He further stated that timing is a critical problem and that differentials with department heads and employees need to be addressed. He advised that a lot of things have changed since the survey was started and although Mariposa County needs to be considerate of salaries, it must also match what is needed for Mariposa County. He further advised that he is not able to adopt the survey at this time. Rich Inman, County Administrative Officer (CAO) stated that uniformity is necessary and that a pyramid of county organization needs to be done. He suggested that the matter return to discussions with the Board’s committee. Supervisor Stetson stated that the study is not useful at this time and should return to the CAO to extract usefulness. Supervisor Bibby recommended that an external recommendation be done so that information can be gained from surrounding communities. It is the concurrence of the Board that the matter be reviewed and return at a later date. 11:42 a.m. Recess 11:56 a.m. LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (Planning Director) (See Separate Minutes) 12:37 p.m. BOARD ACTION: (M)Turpin, (S)Bibby, the Board approved holding the closed session at 2:00 p.m./Ayes: Unanimous. 2:12 p.m. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250 – In-Home Supportive Services (IHSS); Name of County Designated Representative: Jeff Green (County Administrative Officer); CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: Deputy Sheriff’s Association, Sheriff’s Management and MCMCO; Name of County Designated Representative: Rich Inman (County Administrative Officer); and ---PAGE BREAK--- 7-26-05 5 CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (Continued from 7-19-05) (County Counsel) BOARD ACTION: (M)Stetson, (S)Fritz, the closed session were held/Ayes: Unanimous. 3:48 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed sessions. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel advised that he spoke with Dana Hertfelder, Public Works Director and the recommendation is to continue the matter to 8-2-05. (M)Stetson, (S)Bibby, Resolution 05-368 was adopted continuing the local emergency due to the flooding that occurred/Ayes: Unanimous. Discussion, Direction, and Action Relative to Courthouse Transfer Issues and Letter to Administrative Office of the Courts (AOC) Regarding the Historic County Courthouse (Chairman Pickard and Supervisor Bibby) BOARD ACTION: Chairman Pickard introduced the item and advised that an invitation was extended to meet with an architect to design a new courthouse. He said that prior negotiations were held relative to the purchase of the property and that the Director of Finance was uncomfortable with Mariposa County being bumped from the list. Supervisor Bibby stated that she was concerned that items don’t leave the courthouse after the new building is built and at the advice of Tom Guarino, County Counsel, the phrase “as part of the historic courthouse” be added on page 6. She also recommended that the letter be copied to the District Attorney, as his office has a meeting room inside the courthouse. She complimented County Counsel for putting in the timeline and documenting the sections. County Counsel advised that he has received correspondence targeting October 1, 2005, as the date to finalize the agreement. He stated that he reviewed previous discussions with the AOC and the County was told things were not negotiable and he has been unable to find anything in the statutes to counter. Supervisor Fritz requested that the Mariposa Gazette let readers know that Mariposa is in danger of losing its courthouse. She stated that the courthouse is tied to the community and will announce this matter at the Chamber of Commerce function this evening. (M)Bibby, (S)Turpin, Resolution 05-369 was adopted approving the letter with the changes as discussed/Ayes: Unanimous. Discussion and Direction Relative to Providing Recognition for the First Mariposa Residents to Complete the 25-Mile and 50-Mile “2005 Mariposa Run for the Gold” Endurance Rides (Chairman Pickard) BOARD ACTION: Chairman Pickard introduced the item and stated that he prefers the standing tradition of presenting a tile plaque. (M)Bibby, (S)Stetson, approving two tile plaques annually to the first Mariposans to finish the 25 mile and 50 mile Run for the Gold/Ayes: Unanimous. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05-352 CA-2 Approve the Fifth Amendment to the Existing Contract for Services with Concept Designs Company for Ongoing Consulting Services to the Solid Waste & Recycling Division for the Mixed Solid Waste Composting Facility, Extending the Term of the Contract to June 30, 2006 (Public Works Director); Res. 05-364 ---PAGE BREAK--- 7-26-05 6 CA-3 Approve First Amendment to the Existing Contract for Services with Concept Designs Company for Ongoing Consulting Services to Complete the Mixed Solid Waste Composting Facility, Landfill & Recycling Center Request for Proposals, Extending the Term of the Agreement to June 30, 2006 (Public Works Director); Res. 05-365 CA-4 Approve the Second Amendment to the Existing Contract for Services with Integrated Recycling, Inc. for Ongoing Consulting Services to the Solid Waste & Recycling Division for the Mixed Solid Waste Composting Facility Permitting Process, Extending the Term of the Contract to June 30, 2006 (Pubic Works Director); Res. 05-353 CA-5 Approve the Second Amendment to the Existing Contract for Services with California Waste Associates, Jim Greco, for Ongoing Consulting Services Being Provided to the Solid Waste & Recycling Division, Extending the Term of the Contract to June 30, 2006 and Increasing the Contract Amount by $12,000 (Public Works Director); Res. 05-354 CA-6 Approve First Amendment to the Existing Contract for Services with Fred Youngren for Ongoing Solid Waste & Recycling Services, Extending the Term of the Agreement to June 30, 2006 and Increasing the Amount of the Contract by $24,000 (Public Works Director); Res. 05-355 CA-7 Adopt a Resolution Approving the Proposed Road Name “Parker Drive” for the Westerly Easement of Land Division Application No. 2003-260; Parcel is Located in Ponderosa Basin, 300 Feet South of the Ponderosa Court Cul-de-Sac; APN 015-350-069; Enefus and Betty Parker, Applicants (Planning Director); Res. 05-356 CA-8 Adopt a Resolution Approving the Proposed Road Name “Parker Drive” for the Northernmost Easement of Land Division Application No. 2004-5; Parcel is Located in Ponderosa Basin, 0.5 Miles East of the Ponderosa Court Cul-de-Sac; APN 015-350-064; Alfonse Castaldi, Applicant (Planning Director); Res. 05-357 CA-9 Waive Second Reading and Adopt an Ordinance Changing the Land Use Designation and Zoning District of 4.63 Acre Portion of a 43.65 Acre Parcel from Mountain Home (MH) to Resort Commercial (RC); Subject Property is Located at 7589 State Highway 120, Across from the Junction of this Highway with Hamilton Station Loop Road, in Buck Meadows; Assessors Parcel Number 004-020-010 (Planning Director); Ord. 1020 CA-10 Approve Budget Action for Fiscal Year 2004-2005 Transferring Funds within the County Library Budget to Cover the Cost of Unanticipated Expenses ($923) (Librarian); Res. 05-358 CA-11 Approve the Contract with Mountain Valley Emergency Medical Services Agency (MVEMSA) for Fiscal Year 2005-2006 for Support Services and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Health Officer); Res. 05-359 CA-12 Approve a Behavioral Health Contract for Inpatient Services with Stanislaus County’s Behavioral Health Center and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 05-360 ---PAGE BREAK--- 7-26-05 7 CA-13 Approve the Training Services Agreement with UC Davis and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Human Services Director); Res. 05-361 CA-14 Approve Budget Action for Fiscal Year 2004-2005 Transferring Funds within the Sheriff’s Budget to Cover the Increase in the Cost of Jail Utilities ($4,100) (Sheriff); Item was Pulled from agenda CA-15 Approve Budget Action for Fiscal Year 2004-2005 Transferring Funds within the Sheriff’s Budget to Cover the Increase in the Cost of Medical and Laboratory Services at the Jail ($4,564) (Sheriff); Item was Pulled from agenda CA-16 Approve Budget Action for Fiscal Year 2004-2005 Transferring Funds within the Sheriff’s Budget to Cover the Increase of the Cost of Fuel ($7,472) (Sheriff); Res. 05-362 CA-17 Adopt the Program Manager I Job Description Prepared by Merit System Services (MSS); Approve the Use of the Job Title of Program Manager, and Allocate the Program Manager Classification to the Human Services Department in Place of the Program Assistant Classifications (County Administrative Officer); Res. 05-363 CA-18 Appoint Al Handy to the Assessment Appeals Board, Representing District V (Chairman Pickard) CA-19 Approve the Bella Sienna Townhouse Subdivision Map, Application No. 2003-137 per Mariposa County Code Section 16.20.232 (Public Works Director); Res. 05-366 4:23 p.m. Adjournment in memory of Vera Bolek, McNally, Pioske, and Andrew Love. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board BY: RACHEL PETTY Deputy Clerk to the Board