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Time Description 9:12 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Mary Williams, Community Services Director; A) Approve and Present a Certificate of Appreciation to Tracy, Andy and their Children, Hannah and Meyers Jay for their Participation in the Senior Wood Delivery Program; and Approve and Present a Certificate of Appreciation to the Following Organizations for their Contribution to the Senior Wood Program: IOOF Lodge, Northside Community Connection, Public Employees Retirement System Retirees, and the Mariposa Lions Club; and B) Approve and Present a Certificate of Appreciation to Chris and Lene’ Burnett for their Participation in the Senior Wood Program BOARD ACTION: (M)Fritz, (S)Bibby, the Certificates were approved and presented/Ayes: Unanimous. The Burnett’s were unable to be present. Mary Williams recognized CDF and CDC for their assistance with this program. Discussion Regarding the El Portal Road from Big Oak Flat Road Intersection to the Pohono Bridge (Supervisor Stetson) BOARD ACTION: Jen Nersesian and Mark Butler/Environmental Planner Compliance Coordinator, Yosemite National Park Division of Planning, provided information on this matter and advised of their work on a long-term solution and timeframes. They noted that input is being accepted during this scoping period, and advised of the coordination of the environmental review with the emergency repairs. Input from the public was provided by the following: Kenneth Gosting, TIE (Transportation Involves Everyone) asked for a copy of the information that was given to the Board on this matter. He stated he feels that there is a wide variation of what is covered in the Court orders, and he asked which plaintiffs were being referred to in the discussion. He was advised that the plaintiffs are the Friends of Yosemite Valley and MERG. He provided further comment on the rulings by the Court, and he asked if the Public Works Director has looked at the situation. He urged the Board to request that the surrounding counties get involved in the scoping process. He stated he feels there is a correlation between this project and the Ferguson rockslide emergency, and he suggested that emergency declaration be expanded to include this project. He noted that recently a truck got stuck on one of the bridges at the rockslide and that resulted in an emergency response situation. He asked the County to request a copy of any Federal Highway Administration report on this issue and that the information be made available to the public. Jen Nersesian advised of scoping meetings in Tuolumne and Mariposa. Mark Butler addressed the issues raised by Ken Gosting. He advised that they would welcome scheduling a site visit for any County official, and that one was held for the public with the scoping meeting. He advised that they can provide copies of the Federal Highway report as requested, and noted that they were not familiar with any damages being caused to the bridge. Leroy Radanovich, Interim Tourism Coordinator, noted that there has been a media feeding frenzy as a result of this project. He stated he feels that it would be reassuring if the Park Service MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA December 19, 2006 ---PAGE BREAK--- 2 12-19-06 would state that the road remains open because there is no eminent disaster going to happen. Thomas P. Guarino, County Counsel, advised of his contact with counsel for the Park Service at Supervisor Stetson’s request, and he is reviewing the legal options available to the County. Supervisor Bibby asked about the contact person for this project, and she was advised that it is Scott Gediman, Public Relations Officer. She noted that the comment period ends December 29th. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Paul Chapman stated he feels the El Portal Road has been a problem since it was built. He advised that a group toured the composting facility last Wednesday, and it was noticed that the workers were not wearing hard hats and eye protective glasses; and with the pile of rotting garbage, he does not feel that this operation is working. Dick Hutchinson, Manna House, and Deputy Fred Paige, advised of holiday programs, including the COPS for Kids, and thanked the community for support. Supervisor Bibby noted that the community and all of the volunteers that that support these programs are appreciated. Tony Radanovich, Rural Media Arts & Education Project Board President; Request for $25,000 from the Tobacco Settlement Fund in Support of their Cultural and Educational Programs BOARD ACTION: Chairman Stetson advised that this item was pulled from the agenda at Mr. Radanovich’s request. Board Information Chairman Stetson advised that a continued Board meeting was held on Monday and the General Plan Update was adopted. Rick Benson, County Administrative Officer, clarified that the Board’s action on December 12, 2006, relative to the change in the vesting requirements for the health benefits applies to employees hired after January 1, 2007; and not those retiring after January 1, 2007, as indicated in a recent story in the newspaper. Supervisor Bibby wished everyone a happy holiday and New Year, and she noted that our thoughts and appreciation are with the men and women in the service. Supervisor Fritz extended the same wishes to everyone, and announced the birth of a grand daughter. Supervisor Turpin advised that he and several North County residents attended the Stanislaus National Forest Service meeting in Groveland on Thursday relative to the OHV (off-highway vehicle) routes. He also commended the volunteers for their service to the community. Supervisor Pickard agreed with the commending the volunteers. He advised that he attended the California Bio-Diversity Council meeting on Thursday and it was decided that the OHV issue would be a topic for their spring meeting. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Stetson advised of an addendum to the agenda for item 14. Supervisor Turpin pulled items 9 and 10. Supervisor Bibby pulled items 3, 8, 9, and 10. (M)Bibby, (S)Pickard, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 3 – use of Title III funding from the Secure Rural Schools and Community Self-Determination Act of 2000 for the purchase of supplies for the Fire Safety Trailer. Supervisor Bibby clarified that the noticing requirements were met and that no public comment was received. (M)Bibby, (S)Fritz, item 3 was approved/Ayes: Unanimous. Consent Agenda item 8 – authorization for the Matuca Chapter of E Clampus Vitus to erect a monument at the History Center. Supervisor Bibby thanked the Clampers for their contributions, and she asked that there be coordination with Public Works on the project. (M)Bibby, (S)Fritz, item 8 was approved. Supervisor Fritz noted that the Clampers participated in the Merry Mountain Christmas parade with a very large flag. Skip Skyrud provided input on the Clampers and their organization, and ---PAGE BREAK--- 3 12-19-06 he advised that they will work with the History Center and Public Works on this project. He further noted that this will be their 24th site for dedication. Ayes: Unanimous. Consent Agenda item 9 – agreement with Sierra Designs to provide landscape services for the Don Pedro wastewater treatment facility. Dana Hertfelder, Public Works Director, responded to questions from the Board and advised that the costs are covered through the assessment, and he advised that maintenance of the landscaping will be the responsibility of the operator of the facility. (M)Turpin, (S)Pickard, item 9 was approved/Ayes: Unanimous. Consent Agenda item 10 – amendment to the agreement with Kennedy-Jenks Consultants for the Don Pedro wastewater treatment facility. Dana Hertfelder responded to questions from the Board relative to the costs, and he advised that the costs are covered through the assessment. (M)Turpin, (S)Bibby, item 10 was approved/Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Resolution Denying Mariposa County Total Waste System’s Special Rate Review Request for the Mariposa County Franchise Agreement based on Uncontrollable Circumstances Due to Increased Fuel Cost BOARD ACTION: Following discussion with Dana Hertfelder, (M)Bibby, (S)Pickard, Res. 06-588 was adopted denying the request received from Mariposa County Total Waste System for a special rate review/Ayes: Unanimous. B) Approve Budget Action Transferring $15,000 from General Fund Contingency to Fund 501 (Land, Buildings and Improvements) to Fund the Repair of the Fire Escape at the Mariposa County Courthouse if Funding is Unavailable from Courthouse Construction Funds (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder. Thomas P. Guarino, County Counsel, provided input relative to the MOU with the Administrative Office of the Courts for the Courthouse and provisions for the approval of the use of the funds, and relative to his discussion with Judge Walton relative to the use of the Courthouse Construction Funds for the repair. He recommended that authorization be given to take the funds from General Fund Contingency if the Courthouse Construction Funds can’t be used. Dana Hertfelder advised that he needs a commitment of funds to begin the contracting process for the work. Supervisor Bibby asked about requirements for noticing the Historical Records and Preservation Commission, and she asked that the work be coordinated with the Court activity. Discussion was held. (M)Pickard, (S)Bibby, Res. 06-589 was adopted approving the recommended action/Ayes: Unanimous. Waive Second Reading and Adopt Ordinance Amending Section 14.05.050 of the County Code regarding the Fleet Services Policy Concerning Vehicles that need Major Repairs and Adding Section 14.05.060 to Chapter 14.05 of the County Code to Address Financial Responsibility for Vehicles Damaged in Accidents; and Deleting Section 14.11.010 of Chapter 14.11 of the County Code Regarding Determination of Damages (Public Works Director) BOARD ACTION: (M)Pickard, (S)Bibby, the second reading was waived and Ordinance No. 1033 was adopted. Rick Benson, County Administrative Officer, responded to a question from the Board and advised that none of the departments have objected to this policy change and that only two of the departments have line items in their budgets for this. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. Direct the County Administrative Officer to Enter into Negotiations with the Mariposa Golden Agers to Develop a Proposed Lease Agreement (County Administrative Officer) BOARD ACTION: Rick Benson, County Administrative Officer, initiated discussion relative to this matter and he provided background information on the use of the facility for the senior activity center. He advised that preliminary discussions have been held with the Golden Agers and Supervisor Pickard; and he is asking for authorization to enter into further negotiations with the Golden Agers to work out the details and see if an agreement can be reach to change the terms and he will bring the matter back to the Board. Supervisor Bibby asked if there are any outstanding maintenance projects on the building and about liability insurance coverage. Supervisor Turpin suggested that the Building Department be ---PAGE BREAK--- 4 12-19-06 involved in the evaluation of facilities. Dana Hertfelder, Public Works Director, provided input on their involvement and their evaluation of the impacts on staffing. Supervisor Turpin asked about responsibility for scheduling events in the facility. Rick Benson clarified that he is asking to change the terms of the arrangement with the Golden Agers for the building. Thomas P. Guarino, County Counsel, advised that the issues being raised are issues that can be sorted out in the lease negotiations. (M)Pickard, (S)Bibby, direction was given for the County Administrative Officer to enter into negotiations with the Mariposa Golden Agers to develop a proposed lease agreement, and to bring the matter back to the Board. Further discussion was held. Ayes: Unanimous. 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: Chairman Stetson advised that Director Ajise, CalTrans, is willing to provide a status report to the Board, and he urged that the report be scheduled. Discussion was held. Supervisor Pickard noted that information still needed to be provided on the alternatives for the permanent fix and the costs and timeframes. He advised that he met with Berryhill on Monday and discussed the urgency of this project. Chairman Stetson suggested that the Board appoint Supervisor Pickard to serve as liaison until the Board makes appointments in 2007. Board members thanked Supervisor Stetson for his work on this project, and agreed with asking CalTrans’ to provide a status report. Chairman Stetson called for input from the public, and none was provided. (M)Pickard, (S)Turpin, Res. 06-590 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: Unanimous. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9. Number of Workers’ Compensation Cases to be Discussed: One (County Administrative Officer) BOARD ACTION: County Counsel advised that it was not necessary to hold this closed session. 11:02 a.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation; Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9. Case to be Discussed: County of Mariposa v. Total Waste Systems, Inc. BOARD ACTION: (M)Bibby, (S)Turpin, the closed session was held/Ayes: Unanimous. 11:28 a.m. Lunch 2:19 p.m. The Board reconvened and Chairman Stetson advised that no action was taken as a result of the closed session. The gavel was passed to Vice-Chair Bibby. Vice Chair Bibby; A) Presentation of the Gavel Plaque to Supervisor Stetson for Serving as Chair for 2006; and B) Presentation of Tile Plaque and Resolution to Supervisor Stetson for Four Years of Outstanding Service to Mariposa County BOARD ACTION: (M)Pickard, (S)Fritz, Res. 06-576 was adopted and presented to Supervisor Stetson, along with the tile plaque and the gavel plaque/Ayes: Unanimous. C) Other Presentations of Recognition to Supervisor Stetson BOARD ACTION: Vice-Chair Bibby presented the certificate of recognition on behalf of Congressman George Radanovich, and he was able to be present for the public reception. Bob Wiedman, field representative, presented a certificate on behalf of Senator Cogdill and Berryhill. Dick Whittington presented a plaque on behalf of YARTS; and from himself, he presented a baseball cap worn by Teichert Construction workers for the temporary bridges for the Ferguson rockslide. ---PAGE BREAK--- 5 12-19-06 Mike Coffield thanked Supervisor Stetson for his leadership and friendship, and for putting his heart into this and for his support. Vice-Chair Bibby recognized the presence of Jeff Green/retired County Counsel, and Patti Reilly/former District I Supervisor. Leroy Radanovich, interim Tourism Coordinator and former District IV Supervisor, commented on the respect and the dignity that Supervisor Stetson brought to the Board. 2:42 p.m. A public reception was held for Supervisor Stetson. CONSENT AGENDA: CA-1 Appoint Keri Cabezut Ortiz to the Water Agency Advisory Board as an At-Large Member for a Term of 3 Years Expiring December 12, 2009 (Supervisor Bibby) CA-2 Approve Budget Action Transferring Funds from the General Contingency to Replace Stale Dated Checks that were never Cashed and Authorize the Auditor to Reissue the Checks (4/5ths Vote Required) (Mariposa County Deputy Sheriffs’ Association); Res. 06-577 CA-3 Approve the Use of $5,000 of the Title III Funding from the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 2389) for the Purchase of Supplies for the County’s Fire Safety Trailer (County Administrative Officer); Res. 06-584 CA-4 Approve Budget Action Transferring Funds within the Liability Fund to Pay the Balance of the General Liability Premium through October 1, 2007 ($4,500) (County Administrative Officer); Res. 06-578 CA-5 Resolution Recognizing the County of Mariposa as a Hybrid Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Designating the County Administrative Officer as the County’s HIPAA Privacy Officer (County Administrative Officer); Res. 06-579 CA-6 Resolution Correcting the Minutes of September 19, 2006 (Clerk of the Board); Res. 06- 580 CA-7 Approve the Mariposa County Solid Waste & Recycling Facilities Annual Holiday Closure Schedule (Public Works Director); Res. 06-581 CA-8 Resolution Authorizing the Matuca Chapter of E Clampus Vitus to Erect and Dedicate and Monument in Honor of the Mariposa Museum and History Center’s 50th Anniversary (Public Works Director); Res. 06-585, with direction for coordination of the project with Public Works CA-9 Resolution Authorizing Public Works to Enter into a Professional Services Agreement with Sierra Designs, Inc., to Provide Landscape Services for the Don Pedro Wastewater Treatment Facility; and Authorize the Chair of the Board of Supervisors to Sign Said Agreement (Public Works Director); Res. 06-586 CA-10 Resolution Authorizing Public Works to Amend the Agreement with Kennedy-Jenks Consultants in the Amount of $22,309 and Extend the Termination Date to June 30, 2007; and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Public Works Director); Res. 06-587 CA-11 Accept Resignations of Pauline Brawley and Dorothy Mott from the Commission on Aging (Community Services Director) ---PAGE BREAK--- 6 12-19-06 CA-12 Approve Budget Action Appropriating Unanticipated Revenue to Reflect the Increase in the Sale of See’s Candy for the Senior Programs ($1,000) (4/5ths Vote Required) (Community Services Director); Res. 06-582 CA-13 Approve Budget Action Appropriating Unanticipated Revenue to Reflect the Increase in Donations for the Senior Wood Delivery Program ($300) (4/5ths Vote Required) (Community Services Director); Res. 06-583 CA-14 Approve the Certificates of Appreciation and Recognition for the Following Poll Workers: Bernice Thornton, Jeannette O’Neil, Shirley Kendrick, Maryanna Kingman, George Snyder, Freida Elliott, Nancy Jones, Karen Herman, Alice Phipps, Noma Moore, Mary Darcy, Sally Gill, Seitze Kuening, Patricia Law, Natalie Stiers, Wallace Stiers and Sarah Jeske (Treasurer/Tax Collector/County Clerk) 2:42 p.m. Adjournment in memory of Ray J. “Joe” Patty, Sr. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board