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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 15, 2005 Time Description 9:14 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda - none Board Information Supervisor Fritz thanked the department heads that she has been able to visit with for helping her to understand and learn about their departments. Supervisor Bibby advised that she plans to attend the Mother Lode Job Training meeting in Sonora on Thursday, and she noted that the San Joaquin Valley-Wide Air Pollution Basin Study Agency is scheduled to meet in Fresno on the same day and asked if someone else would be able to attend the Agency meeting. Chairman Pickard asked her to bring an item to the Board to discuss the County’s participation in the Study Agency. Supervisor Turpin reminded everyone that the Hunters Valley Fire Department is having its annual rib dinner in Hornitos on Saturday. Tom Guarino, County Counsel, advised that he received a signed copy of the Settlement Agreement on Monday in the mail with the Area 12 Agency on Aging for $30,000. Chairman Pickard advised that Calaveras County sent a representative to the last A12AA meeting with a notice that they would settle the lawsuit and resolve the funding issue with the Agency. With this action, the Agency is back on firm ground with the five counties. Approval of Minutes 12-21-04, Continued Meeting from 12-14-04 and 12-15-04; and Approval of Minutes 12-21-04, Regular Meeting BOARD ACTION: Chairman Pickard noted that Supervisors Turpin and Fritz were not on the Board for these meetings. (M)Stetson, (S)Bibby, the minutes were approved/Ayes: Stetson, Bibby, Pickard; Abstained: Turpin, Fritz. Approval of Minutes 1-4-05, Regular Meeting BOARD ACTION: (M)Fritz, (S)Bibby, the minutes were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby pulled items 3, 4, and 6. (M)Bibby, (S)Stetson, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 3 – Supervisor Bibby initiated discussion relative to the request; stated she wanted to make sure that this does not create a salary compaction between this position and the department head; and asked about the job description relative to law enforcement powers and substitution of education. She asked that “does” be changed to “performs” weigh master inspections in the job ---PAGE BREAK--- 2-15-05 2 description. (M)Bibby, (S)Turpin, item 3 was approved with the change of “does” to “performs” as suggested/Ayes: Unanimous. Consent Agenda item 4 – Supervisor Bibby initiated discussion relative to the agreement and questioned the lack of a liability clause that is found in the standard County agreements. Tom Guarino, County Counsel, responded and advised that this is an agreement for purchase of services. (M)Bibby, (S)Fritz, item 4 was approved/Ayes: Unanimous. The maker and second of the motion clarified that the motion includes authorization for the Chair to sign the agreement. Consent Agenda item 6 – Supervisor Bibby initiated discussion relative to the possibility of sharing the postage machine in the Clerk’s Office. Cheryle Rutherford-Kelly, Human Services Director, provided input and advised that she could check with the County Clerk on the possibility of sharing machines. The Board concurred with deferring the matter for the Human Services Director to bring back more information. Cheryle Rutherford-Kelly, Human Services Director; Authorize the Human Services Department to Forward a Grant Application to the State Department of Mental Health Necessary for the Release of $78,905 in Planning New Programs Under Proposition 63 Monies Set Aside for the County; Approve Budget Action Increasing Revenue through the Mental Health Services Account and Corresponding Appropriations ($78,905); and Decrease Realignment ($25,526) for a Net Increase of $53,379 (4/5ths Vote Required); Upon Release of the Money, Approve Allocation of a Half-Time Office Technician Position, Effective Immediately; Allow the Department to Enter into Discussions with a Contractor to Draft the More Technical Language Necessary for the Release of Program Monies; and Approve Expenditures Necessary to Meet the Conditions of the Planning Process BOARD ACTION: Discussion was held with Cheryle Rutherford-Kelly relative to this matter. Chairman Pickard advised of discussions at the CMSP and RCRC meetings relative to issues concerning implementation of Proposition 63. Further discussion was held relative to the use of the grant funds and request to use a portion of the Realignment Funds. Rich Inman, County Administrative Officer, clarified that this is a claiming process and that the grant monies would be expended before any realignment is used. Chairman Pickard asked that the Realignment Fund not be included in the budget request. (M)Fritz, (S)Bibby, Res. 05-52 was adopted approving the grant application, with direction for a budget action to be brought back without the Realignment Fund/Ayes: Unanimous. Chairman Pickard called for public input on this item and none was received. Approve the Friends of the Red Cloud Library St. Paddy’s Weekend Dinner as a County Sponsored Event for Insurance Purposes and the Waiving of Fees for the Use of the Greeley Hill Community Club (Supervisor Turpin) BOARD ACTION: Supervisor Turpin initiated discussion relative to the request. Rich Inman, County Administrative Officer, noted that with the County taking over ownership of the Community Center, it now has to approve events, and if this is a County-sponsored event, then the insurance is not an issue. The issue is the waiver of the facility use fee; and he recommended that this be considered a County- sponsored event and that there is no fee to be charged. Supervisor Bibby clarified that the Friends of the Red Cloud Library will obtain an alcohol permit separate from the County; and she asked that verification of the permit be submitted to the County and that there be caution for events with minors in attendance and the serving of alcohol. (M)Turpin, (S)Fritz, Res. 05-53 was adopted approving the event as a County-sponsored event, with no fees to be charged for the use of the facility/Ayes: Unanimous. Adopt a Resolution to Ratify Payments to Cotton Bridges Associates in the Amount of $23,309.08 (County Counsel) BOARD ACTION: Following discussion, (M)Stetson, (S)Turpin, Res. 05-54 was adopted ratifying the payments as recommended/Ayes: Unanimous. ---PAGE BREAK--- 2-15-05 3 Review the Status of Each Board Committee and Its Membership and Update as Appropriate (Clerk of the Board) BOARD ACTION: Chairman Pickard initiated discussion relative to the status of the committees and membership. Mary Williams, Community Services Director, commented on attempts to bring membership current on the Area 12 Advisory Committee. Kris Schenk, Planning Director, commented on the number of committees that are assigned to the Planning Department for staff support, and he noted that some of them are inactive pending completion of the General Plan Update. Further discussion was continued until after a recess. 10:12 a.m. Recess 10:29 a.m. Chairman Pickard suggested that the Board direct the County Administrative Officer, Chair and Vice-Chair of the Board to review the committees and bring back an item for discussion, and the Board concurred. Further discussion was held. (M)Turpin, (S)Stetson, direction was given to the County Administrative Officer to issue a memorandum to the department heads requesting that they review those committees that they are responsible for and provide a response on the status of the committee. Chairman Pickard also suggested that committee issues be discussed at a staff level with the departments. Ayes: Unanimous. (M)Stetson, (S)Turpin, Res. 05-55 was adopted dissolving the Mariposa County Fire Department As Hoc Committee on Fire Protection as it has been inactive since 1993/Ayes: Unanimous. (M)Fritz, (S)Turpin, Supervisor Bibby was selected to represent the Board on the Mental Health Board, and Supervisor Turpin was selected as an alternate representative/Ayes: Unanimous. Supervisor Bibby asked that the District III vacancy on the Assessment Appeals Board be advertised. 10:45 a.m. Tom Guarino, County Counsel; Discussion and Direction Relative to a Resolution Establishing an Amnesty Program for Yosemite West BOARD ACTION: Chairman Pickard noted that this matter has been continued, and it was rescheduled for March 1, 2005, at 1:30 p.m. 10:46 a.m. 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 2-8-05) (County Counsel); CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Dean v. County of Mariposa (County Counsel); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (Continued from 2-8-05) (County Counsel) BOARD ACTION: (M)Fritz, (S)Turpin, the closed sessions were held/Ayes: Unanimous. 11:54 a.m. Chairman Pickard announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings of 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- 47 CA-2 Adopt a Resolution Approving an Industrial Disability Retirement for Deputy Sheriff William A. Hunt, Effective February 1, 2005 (County Administrative Officer); Res. 05-48 ---PAGE BREAK--- 2-15-05 4 CA-3 Approve the Proposed Job Description of Senior Agricultural and Standards Inspector and Set at Salary Range 242 ($3,153 - $3,832) (County Administrative Officer); Res. 05-50, with a change in the job description CA-4 Approve Agreement between John C. Fremont Healthcare District and Mariposa County Probation Department Covering the Period of 7-1-04 through 6-30-06, for Routine Medical Screening for Detained Juveniles and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Chief Probation Officer); Res. 05-51 CA-5 Delete a Social Worker III Position and Add an Office Technician Position within the Human Services Department, Effective Immediately and Approve Budget Action Transferring Funds within the Human Services Budget to Fund the New Position ($16,723) (Human Services Director); Res. 05-49 CA-6 Authorize Behavioral Health to Enter into a Lease Agreement with Pitney Bowes Credit Corporation for Postage Equipment in the Quarterly Amount of $442.98 (Human Services Director); Direction was given to staff CA-7 Approve Certificate of Recognition and Congratulations to be Presented to George Young, Known to Many as “Pop”, on Celebrating His 99th Birthday (Community Services Director) 11:55 a.m. Adjournment Respectfully submitted, MARGIE WILLIAMS Clerk of the Board