A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, August 12, 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: Martha McClure, Michael
Sullivan, Gerry Hemmingsen and David Finigan
Absent: Leslie McNamer
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: Open Door
Community Health Center
·
The
Pledge of Allegiance to the Flag led by Hilda Contreras
Action: Hilda Contreras gave a presentation on the Open Door Community
Health Center and the progress it has made.
·
Introduction
of new employees to the Board of Supervisors.
Action: The following new employees were introduced:
Gary Blatnick introduced Leon Perreault as the new Lead
Environmental Scientist; Cameron Aujuard, Environmental Health Scientist
Specialist; and Jeff Wolsfed, Health Education Provider. Dan McCorkle introduced Donald Roth as the
new Support Systems Specialist. Jenny
Young introduced new employees Bryan Obando, Alex Green, Josh Escobedo, and
Jennifer Brown.
·
Report
of any actions from closed session by
Action: County Counsel 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 requested.
SCHEDULED ITEMS:
Action: Supervisor Hemmingsen reported on meeting with Susan Calla, Sandra
Jerabeck and Deborah Herst regarding a group that has applied to coastal
conservancy to map the area around
Supervisor McClure reported on being out of the county due to a
Teaching American history project which took her to Washington, Boston, and New
York, attending a breakfast with Diane Feinstein regarding rural schools with
a focus on education and rural
communities being heard; meeting with Community
Development and an engineering team regarding Pebble Beach, commented on
initial contact with marine resource regarding offshore monuments, met with Art
in reference to a fence on a county right-of-way, and commented on her youngest
daughter going off to college.
Supervisor Sullivan reported on meeting with Art Reeve regarding
the sidewalks curbs and gutters project in Smith River, commented on the speed
issue on Fred Haight and Ashford road, commented on a conversation and future
meeting with Jim Grossman, attending the airport JPA signing, and going on
vacation with his son in Disneyworld.
Supervisor Finigan reported on attending a meeting regarding the
teen center and continued dialogue with boys and girls club, traveling to
Sacramento for an RCRC executive meeting and while there, went to members of
Legislature regarding the budget, went to New Mexico for a NACO methamphetamine
prevention forum, attending a 2x2 meeting with
Elk Valley Rancheria, conducted FRC board meeting interviews for the new
board, traveled to New York for RCRC regarding bonds raided for second
mortgages purpose, attended a CASA meeting, attended the Rodeo and worked in
hospitality tent at the fair, participated in a RCRC conference call, went back
to Sacramento and cited an analogy of a food fight regarding how the officials
are dealing with each other regarding the, commented on Tri-Agency hiring Jim
Grossman, attending the airport JPA signing, attending FRC center meetings,
attending First 5 meetings, commented on
touring Klamath regarding the severe garbage issue on the levy, and
commented on wanting to have a Yurok 2x2 regarding fishing.
Action: Public Comment was heard from Richard Miles, Ron Plechaty,
Action: Chair Finigan opened the Public Hearing and Ernie Perry gave an
overview of the project and the Planning Commission recommendation. William
Fleishhacker gave a presentation on behalf of Wal-Mart. Paul Hagen, attorney for the appellant stated
his case as well.
Public Comment was heard from Ron Plechaty, Richard Miles, Paul
Hagen, attorney for Crescent Heritage Coalition; Alex McGlassan, Connie
Morrison, Patti Pearcey, Evy Bennett, Doug Heinz, Christa Norton, Catherine
Noble, Sonia Cuellar, Sarah Vanderhoofven, Ron Cole, Donald Bruce, David
Kestler, Brian Ridgley, and Ray Colby.
Chair Finigan closed the Public Hearing after all were heard.
After discussion, Supervisor Hemmingsen made a motion to deny the
appeal and uphold the Planning Commission's certification of the Environmental
Impact Report prepared for the expansion of the existing Wal-Mart Store and
direct the Clerk of the Board to file with the County Clerk/Recorder and the
State Clearinghouse the attached Notice of Determination. The motion was
seconded by Supervisor Sullivan and the Board approved the action in a vote of
3 to 1.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Michael Sullivan
Vote Yea:
3 Gerry
Hemmingsen, Michael Sullivan, David Finigan
Vote Nay:
1 Martha
McClure
Vote Abstain: 0 None
4.
11:30
A.M. Presentation by Six Rivers National Forest.**
Action: Tyrone Kelley gave a brief overview regarding
The Board expressed their displeasure with the lack of
communication and Tyrone agreed that there were changes that needed to be made
and that he would make it a priority.
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Supervisor Sullivan abstained from Item #20.
The Consent Agenda (Items 5 through 33) was adopted unanimously.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
4 Michael
Sullivan, Gerry Hemmingsen, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
5.
Approve
the Minutes from the July 8, 2008 meeting.**
Action: Approved
6.
Approve
the Minutes from the July 22, 2008 meeting.**
Action: Approved
Action: Adopted
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Adopted
Action: Approved
Motion:
Move to approve
Move:
None
Second:
None
Vote Yea:
3 Martha
McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 1 Michael
Sullivan
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: A presentation was given by Jay Sarina regarding the purchase of
the property. Jeannine Galatioto commented that there will be follow up issues
regarding the liens.
On a motion by Supervisor Hemmingsen and seconded by Supervisor
Sullivan, the Board accepted the offer of Pat Jaffer in the amount of
$10,500.00 to the County of Del Norte for the purchase of property at 1810
Riverside Drive and directed staff to proceed with the purchase and authorized
the County Administrative Officer to sign all documents required to complete
the sale.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Michael Sullivan
Vote Yea:
4 Michael
Sullivan, David Finigan, Gerry Hemmingsen, Martha McClure
Vote Nay:
0 None
Vote Abstain: 0 None
LAND USE:
Action: Art Reeve gave an overview of the recommendation given regarding
the Encroachment Permit. Bryce Backman also spoke on the matter.Sandy Linderman
spoke about their objections to certain areas of the permit.
After discussion by the Board a motion was made by Supervisor
McClure that authorized staff to approve the issuance of an Encroachment Permit
for Bryce Backman to pave and install a gate on a portion of the non-maintained
portion of the County's Railroad right-of-way Property, APN 110-032-19 with the
condition that the gate be a rolling gate along the fenceline of Bryce
Backman's property and that there not be a sign to indicate "Private
Drive". The motion was seconded by
Supervisor Hemmingsen and carried unanimously by the Board
Action: Ernie Perry gave a presentation on the project.
On a motion by Supervisor Sullivan and seconded by Supervisor
McClure the Board approved and adopted the attached Resolution making the
determination that the structure at 299 Requa Road is a historic structure
pursuant to the County Flood Damage Prevention Ordinance, and required that a
Notice of Conditional Approval be recorded.
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
McClure, the board authorized the Chairman of the Board to sign the Resolution
authorizing the County Administrative Officer to execute certifications,
acceptances, and agreements on behalf of the County for the Federal Highway
Administration South Fork Road construction project.
BUDGET TRANSFERS:
Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM
Action: Approved
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: Supervisor Finigan commented on the need for work to be done
regarding alternate energy on the County's behalf and the possibility of Jim
Grossman working on it.
Jeannine Galatioto commented on Budget Hearings and the
possibility of starting them on September 9, 2008.
CAPITAL PROJECTS:
43. Written
Capital Projects Update. Information Only.**
Action: A written capital projects update was given. Information Only.
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us