A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, April 22, 2008 |
10:00 AM |
|
The Board
of Supervisors of the A closed
session may be held at some time during the meeting to discuss litigation
and/or personnel matters. There is a
90-day statute of limitations relating to decisions rendered after a public
hearing of the Board of Supervisors and a 60-day statute of limitations
relating to ministerial actions of the Board of Supervisors. NOTE:
If you challenge the decision of the Board of Supervisors in court,
you may be limited to raising only those issues you or someone else raised
at the public hearing described in the notice, or in written correspondence
delivered to the Board of Supervisors at, or prior to, the public hearing. (Govt. Code § 65009). When providing written correspondence to
the Board of Supervisors you must provide a copy to the Clerk of the Board
for inclusion in the official record. |
Present: Leslie McNamer, Martha
McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan
Absent: None
CLOSED SESSION 8:30 A.M.
Public
Comment on Closed Session items only.
No
Public Comment was given on Closed Session items.
Hold a closed session to consider and
discuss litigation and personnel matters: I) Personnel negotiations pursuant to
Government Code 54957.6 between County negotiator the County Administrative
Officer and the Del Norte County Employees' Association, Sheriffs Employees'
Association, represented and unrepresented bargaining units. II) Conference with legal counsel – A) Existing
litigation pursuant to Government code 54956.9(a), Pacific Shores CA
Subdivision Water District v DNC, DN
Superior Court, Case No. CVPT 06-1454;
Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John
Gimbel v. County of Del Norte, US District Court, Northern California
Division., Case No. C070113; Connie Lawson v. Del Norte County, DN
REGULAR SESSION 10:00 A.M.
10:00 A.M. Call the meeting to order and take roll.
·
This
Board of Supervisors meeting is dedicated to some of our partners: Area 1
Agency on Aging.
Action: Beth Moore gave a brief presentation of Area 1 Agency on Aging and
the different programs it offers.
·
The
Pledge of Allegiance to the Flag led by Beth Moore.
·
Introduction
of new employees to the Board of Supervisors.
Action: No new employees were introduced
·
Report
of any actions from closed session by
Action: Deputy County Counsel John Pospishil stated no reportable actions
from closed session.
·
The
Chair requests any deletions, corrections or additions from Board members to the
agenda at this time. In order to add an
item to the agenda, the matter must have come to the attention of the County
subsequent to the posting of the agenda and the matter requires action before
the next regular meeting of the Board of Supervisors.
Action: No deletions, corrections, or additions were made.
SCHEDULED ITEMS:
Action: Supervisor Hemmingsen reported on attending a Citizen's Advisory
meeting at Pelican Bay, commented on Secretary Tiltons resignation of position
and the issue of being back to square one on the issue, attending a Local Transportation
Commission meeting, attending a City/County meeting, attending a wave-power
generation seminar in Eureka and commented on the 3 year study, commented on
not attending a meeting in Orick with the Under-Secretary of Interior and the
Parks department due to never receiving a call to join, and attending an event
for Wes Chesbro; Supervisor McClure
reported on attending an event for Wes Chesbro, reviewed transit contract
proposals for management of the bus and Dial-a-Ride system, participating in a
City/County meeting, attending a Loan
Committee meeting, attending a Healthy Workforce meeting regarding starting the
process of employee compensation, attending a Community Health Alliance meeting
regarding the uninsured working class, participated in Earth Day, met with Dean
Vogel, the Vice President of the California Teacher's Association regarding the
California Budget and school/city/county partnerships, talked with Deborah
Hirst from the California Coastal Conservancy regarding money to assist the Harbor
for replacement of the docks, and
commented on combining the Harbor and County as we already do for the city;
Supervisor McNamer reported on attending a 2x2 meeting with Smith River
Rancheria and Supervisor Sullivan, attending an IGRC meeting, received an
update on the wastewater treatment facility and on Walgreens from the City,
commented on Richard Enea, Supervisor Finigan, and Bob Berkowitz attending
City/County Schools collaboration in Sacramento, attending a Revolving Loan
Committee, attending a Road Show at Bar O Ranch and Family Support, attending
two meetings with the medical marijuana commission, attending a Boys &
Girls club meeting with a presentation by Karen Phillips, and attending a
reception for Wes Chesbro; Supervisor
Sullivan reported on attending an Local Transportation Commission meeting,
attending a City/County meeting, attending a 2x2 Smith River Rancheria meeting,
attending a meeting in Smith River regarding work scheduled to be done on Fred
Height Drive, attending a meeting with CAL-TRANS regarding the expansion of 199
and 197, attending Fran Visser's retirement party, attending an all-day
workshop for Tri-Agency and commented on the progress made, attending the DNACA
Maori performance, spoke with Senator Aanestad's office, and attended a Solid
Waste meeting; Supervisor Finigan
reported on attending a meeting with the
215 committee which is to be led by Supervisor McNamer, attending a Chamber of
Commerce meeting, attending a City/County/Schools meeting, attending an IGRC
meeting, spoke about reading for the children, attending an agenda review,
attending the Youth and Family fair, participating in a conference call
regarding the American Fishing Federation and the derby to be held in Klamath
in August, attending a City/County meeting, attending a CAL-TRANS meeting at
the Hampton Inn, attending meetings with Grant Wershkull regarding Hurdy-Gurdy
creek and ground rules for mitigation before discussions of support were to be
held, attending a Tri-Agency workshop and commented on the progress made at the
meeting and its focus, attending the Wes Chesbro reception, participated in an RCRC conference call
regarding SRA bills, Rural Schools, and SB 1xxx, attending a Treasury Oversight
committee which focused on investments, attending a meeting regarding the
negotiation of the Lighthouse Community Church on Bertsh track and the intent
to build a park in that area, commented on infill legislation and its relation
to the prison, commented on Secretary Tilton's resignation of position, attended
a few softball games, and commented on the upcoming Employee Banquet.
Action: Public Comment was heard from Kenyon Hensel regarding sportfishing
regulations and requested that the Board draft a letter. Chair Finigan requested that Mr. Hensel
return to the May 27, 2008 meeting to provide the Board with a presentation.
Action: Heidi Kunstal presented the recommendation of the Planning
Commission to approve the proposed ordinance.
Chair Finigan opened the Public Hearing.
Public Comment was heard from Rob Miller and Becky Crockett, DNCO
Farm Bureau, and Ron Plechaty in support of the ordinance.
Chair Finigan closed the Public Hearing and brought it back to the
Board
On a motion by Supervisor Hemmingsen and seconded by Supervisor
Sullivan, the Board voted to adopt the findings and adopt the Planning
Commission recommended ordinance.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Michael Sullivan
Vote Yea:
5 Gerry
Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Supervisor Sullivan recused himself in this hearing.
Randy Hooper presented the Planning Commission's recommendation in
favor of the Variance.
Chair Finigan opened the Public Hearing. No Public Comment was given. Chair Finigan closed the Public Hearing and
brought the matter back to the Board.
On a motion by Supervisor McNamer and seconded by Supervisor
McClure, the Board adopted the findings and Resolution and approved the project
as conditioned.
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Martha McClure
Vote Yea:
4 Leslie
McNamer, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Randy Hooper and Ernie Perry both presented on this item.
Chair Finigan opened the Public Hearing.
No Public Comment was given.
Chair Finigan closed the Public Hearing.
After discussion by the Board a motion was made by Supervisor
Sullivan and seconded by Supervisor McNamer to approve the project by adopting
the findings and Resolution and approving the project as conditioned with an
Amendment to the Resolution to read that the project incorporate a 100-foot
required buffer plus an additional 50-foot buffer offered voluntarily by the
property owner for a total of 150-foot buffer.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Leslie McNamer
Vote Yea:
5 Michael
Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Chair Finigan recused himself in this matter.
Heidi Kunstal presented the recommendation of the Planning
Commission to approve the variance. Kara Brundin-Miller and Russ Crabtree spoke
on behalf of the Smith River Rancheria.
Vice-Chair McNamer opened the Public Hearing.
Public Comment was heard from Cindy Carpenter and Cappy Dobbs.
Vice-Chair McNamer closed the Public Hearing and brought the
matter back to the Board.
On a motion by Supervisor McClure and seconded by Supervisor
Sullivan, the Board approved and adopted the findings listed in the Planning
Commission Staff Report and adopted a Resolution approving the Variance. (DNCO
Resolution 2008-026)
Motion:
Move to approve
Move:
Martha McClure
Second:
Michael Sullivan
Vote Yea:
4 Martha
McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Supervisor Hemmingsen asked that Item 7 be pulled from the agenda.
Chair Finigan directed the clerk to revise Item 7 and bring back
to the Board at the next meeting.
The Consent Agenda (Items 8 through 18) was adopted unanimously.
Motion:
Move to approve
Move:
Martha McClure
Second:
Gerry Hemmingsen
Vote Yea:
5 Martha
McClure, Gerry Hemmingsen, Leslie McNamer, Michael Sullivan, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
7.
Approve
the minutes from the April 8, 2008 meeting.**
Action: Item was pulled to be revised.
Action: Approved
Action: Approved
10. Authorize
the financing for the LEADN awards as requested by the District Attorney.**
Action: Approved
Action: Approved
Action: Approved (DNCO Agreement No. 2008-072)
Action: Approved
Action: Approved (DNCO Resolution No. 2008-027)
Action: Approved (DNCO Resolution No. 2008-028)
Action: Approved
Action: Approved
Action: Approved
REGULAR ITEMS
GENERAL GOVERNMENT:
19. Written
Capital Projects Update. Information
Only.**
Action: Jay Sarina presented the Capital Projects Update report and spoke
of the existing projects and those that are in the process of being
implemented.
20. Presentation
of Del Norte Solid Waste Management Authority, Fiscal Year 08/09 Budget.**
Action: Kevin Hendrick gave a presentation on the proposed budget for Del
Norte Solid Waste Management Authority and fielded questions from the Board.
Action: Art Reeve presented the proposed improvements for
Chair Finigan opened Public Comment, and after no Public Comment
was given, closed Public Comment.
On a motion by Supervisor Sullivan and seconded by Supervisor
McClure, the Board (1) Approved the proposed improvements for Childs Avenue
right-of-way submitted by Sparky Richterich and Marshall Jones and authorized
the Chairman of the Board and County Engineer to sign the plans, and (2)
Authorized staff to issue Developer an encroachment permit for the installation
of the improvements in the Childs Avenue and Modoc Street right-of-way; (3)
Authorized the temporary closure of Modoc Street from Cooper Avenue to Murphy
Avenue from August 15th to September 15th to install various utilities and
re-locate a culvert; (4) Approved relocation of the Modoc Avenue culvert by the
Road Division, with reimbursement from Developer.
BUDGET TRANSFERS:
Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Martha McClure
Vote Yea:
5 Michael
Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: Supervisor Finigan commented on a workshop for the Executive Board
of RCRC.He also stated that the next Board of Supervisors meeting was to be
held in Klamath with closed session starting at 9:00 am at the Yurok Tribal
Council.
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us