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Time Description 9:13 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Approval of Consent Agenda (See End of Summary of Proceedings) 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 advised of item 6 that was added with the addendum to the agenda; and she noted that the agenda and Action Form calls for the Chair to sign the agreement in item 1 – however, the agreement is set up for the Health Officer’s signature. Supervisor Turpin pulled item 3. (M)Fritz, (S)Aborn, the balance of the items was approved with the change on item 1 to add the Chair’s signature to the agreement/Ayes: Unanimous. Consider Items Removed from the Consent Agenda Item 3 – Supervisor Turpin noted a correction on the plans and specifications for the Don Pedro Subdivision road project to reflect chip seal versus prime coat; and Dana Hertfelder/Public Works Director advised that the plans would be corrected. (M)Turpin, (S)Pickard, item 3 was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Eleanor Keuning, Chair of the Historic Sites and Records Preservation Commission, advised that Ollie Slane is resigning from the Commission and she publicly commended him for his service. Board Information Supervisor Turpin advised that he attended the Mariposa County Fair and he applauded the community for its support of the Jr. Livestock Auction; and he advised that the Board members contributed to the auction. Supervisor Aborn commented on the County Fair and he commended the volunteers for their work. Supervisor Pickard advised that he attended the Fish Camp Auxiliary’s annual picnic and auction to support the Volunteer Fire Station. He volunteered at the County’s Solid Waste recycling booth at the County Fair. He plans to attend the oversight committee review panel for noxious weed program proposals. Supervisor Fritz advised that she and Supervisor Aborn attended the High Speed Rail hearing in Merced on Thursday, and the Altamont Pass route received the most support. She attended the County Fair and worked in the Ft. Bullion booth. She plans to attend the Juvenile Justice and Domestic Violence Coordinating Council meeting on Wednesday. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS September 4, 2007 ---PAGE BREAK--- 2 9-4-07 Supervisor Bibby complimented everyone for supporting the County Fair, including the Fair Manager and Directors and staff; SCOPE, Fire, and law enforcement. She advised that she worked the ID Card Program, as runner for the Jr. Livestock Auction, and with the Mental Health Board/Alcohol and Drug Advisory Board Fair booth. Cheryle Rutherford-Kelly, Human Services Director; Review the 2006-2007 Fiscal Year Annual Report of the Mental Health Board BOARD ACTION: Cheryle Rutherford-Kelly introduced the following Mental Health Board members that were present: Ruth Catalan, Joan Conlan, and Supervisor Bibby; and she introduced Andrea Summerlin/staff. She presented statistical information. Joan Conlan presented the annual report, and discussion was held. Richard J. Benson, County Administrative Officer; Approve a Grant Agreement for the Rural Media Arts and Education Project in the Amount of $25,000 and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Rick Benson advised of the request for funding. Discussion was held with Tony Radanovich, Board President for the Rural Media Arts and Education Project, relative to the request and the status of grant applications for renovation of the Old Masonic Lodge. He advised that they received official word on Thursday that they were chosen to receive $100,000 from USDA, now they need to apply for the funding. They are still working on the 1.6 million dollar grant application from CCHE and there is a pending lawsuit; and he advised that the 1.9 million dollar grant application is off of the table. Discussion was held relative to involving the Historical Sites and Records Preservation Commission; whether the renovation would include current theatre requirements and ADA accessibility; and relative to suggested wording changes to the agreement. Input from the public was provided by the following: Eleanor Keuning advised that the Historical Sites and Records Preservation Commission is planning to ask for time on a future agenda to discuss the Commission’s purpose and processes with historic buildings. Tony Radanovich advised of his previous discussion with Planning staff when they began seeking funds for the renovation. Barry Brouillette provided input on this project and their efforts; and he commented on issues with the staffing level in Planning. Paul Chapman stated he feels that those who support this program should provide the financial support and he does not support taxpayer dollars being used for this program. Shirley Wingo commented on her interest in the historic building and she stated she feels that the audience would help each other in the case of an emergency; and she does support the taxpayer dollars being used for this program. Further discussion was held and Board members suggested changes to the agreement. (M)Pickard, (S)Fritz, Res. 07-432 was adopted approving the agreement with the changes as discussed; and with identifying the funding to come from General Fund Contingency. Further discussion was held. Rick Benson advised that it is the intent that this funding be included in the proposed budget, so there is no need to move funds from Contingency. Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. 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: Following discussion, (M)Pickard, (S)Turpin, Res. 07-433 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. 10:58 a.m. Richard J. Benson, County Administrative Officer/Personnel/Risk Manager; A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos; ---PAGE BREAK--- 3 9-4-07 B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos; C) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SEIU (Service Employees International Union); Name of County Designated Representative: Richard Bolanos; D) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: MCMCO (Mariposa County Managerial/Confidential Organization); Name of County Designated Representative: Richard Bolanos CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Initiating of Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 1; Name of Case to be Discussed: County of Mariposa v. Robert McMillen (County Counsel) (Continued from August 28, 2007); and CLOSED SESSION: Public Employee Performance Evaluation; Position of Employee Under Review: County Administrative Officer (Government Code Section 54954.5) (County Counsel) BOARD ACTION: Supervisor Bibby initiated discussion relative to her potential conflict of interest in participating with labor negotiations with SMA and DSA as her husband is a member of SMA, and her cousin is a member of DSA and they have a financial interest in estate property. She advised of the October 6, 2004 letter from the FPPC in response to her inquiry relative to the potential conflict. She advised of her contact with the DSA and SMA representatives relative to not participating in the negotiations with these two bargaining units, and she advised that she has not missed a Board meeting in five years. She advised that she is excusing herself from labor negotiations with SDA and SMA due to the potential conflict of interest, and she noted that there could be compaction issues and she has a direct financial tie to her husband and to her cousin. Supervisor Pickard advised that he respects her decision; however, he asked that if any discussion comes up in a subsequent Board meeting in public session, that she excuse herself as required by the Brown Act and pass the gavel. Discussion was held. Supervisor Bibby asked that the Vice-Chair take the motion to convene in closed session for these two matters so that she could excuse herself from the meeting for those actions. Input from the public was provided by the following: Paul Chapman stated he feels that MCMCO received a generous raise the first of the year. (M)Pickard, (S)Aborn, the closed sessions for SEIU, MCMCO, McMillen case, and public performance evaluation were held/Ayes: Unanimous. 11:15 a.m. Chair Bibby passed the gavel to Vice-Chair Turpin, and she excused herself from the meeting for the following motion and for the closed session items for labor negotiations with SDA and SMA. Input from the public was provided by the following: Paul Chapman stated he appreciates Supervisor Bibby’s integrity for excusing herself from these two items. (M)Fritz, (S)Pickard, the closed sessions for DSA and SMA were held/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 1:32 p.m. RESULTS OF CLOSED SESSIONS: Vice-Chair Turpin announced that direction was given to staff relative to labor negotiations with DSA and SMA. 1:34 p.m. RESULTS OF CLOSED SESSIONS: Chair Bibby announced the following: the closed session was not held for labor negotiations with SEIU and MCMCO; by unanimous vote authorization was given to file a lawsuit in the McMillen case; and direction was given to staff relative to the public performance evaluation. CONSENT AGENDA: CA-1 Approve an Agreement with Mariposa County First Five Commission for Funding of Smart Start Perinatal Outreach Program for Mariposa Citizens and Authorize the Board of Supervisors Chair to Sign the Agreement (Health Officer); Res. 07-427 ---PAGE BREAK--- 4 9-4-07 CA-2 Approve the Mariposa County E-mail Retention Policy (Technical Services Director); Res. 07-428 CA-3 Approve the Plans and Specifications for Bidding Purposes on Darrah Road, Project #00-24, Hornitos Road, Project #07-16 and Don Pedro Subdivision, Project #00-27 and Authorize the Public Works Director to Award to the Lowest Responsible Bidder Contingent on Approval of the California Transportation Commission (Public Works Director); Res. 07-431 CA-4 Authorize the Public Works Director to Approve a Purchase of Biofilter Media in the Amount not to Exceed $6,000 with a Purchase Order (Public Works Director); Res. 07- 429 CA-5 Approval of Summary of Proceedings of August 28, 2007, Regular Meeting (Clerk of the Board) CA-6 Rescind Resolution No. 07-419 and Adopt a Resolution Declaring the Board of Supervisors’ Intent to Purchase Real Property Located at 5393 Highway 49 North in Mariposa County (APN 012-340-002) for the Relocation of Certain Activities of the Mariposa County Sheriff’s Department (County Administrative Officer/Personnel/Risk Manager); Res. 07-430 1:36 p.m. The Board continued the meeting to Monday, September 10, 2007, at 9:00 a.m. for the Public Hearing to consider the Final Budget for FY 2007-08; and recessed in memory of Robert “Bob” Moran DeWitt, Dianne M. Carlton, Lucy Marguerite Ross, Cheryl Ann (Montgomery) Scott, and Floyd “Peewee” Harold Raymond Erickson. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board JANET BIBBY, Chair, Board of Supervisors