A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, November 08, 2005 |
Time |
|
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.
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), Otremba v DNC Del Norte
Superior Ct., # CVUJ-10-1258, Wilson v. DNC, Cal. 1st App Dist # A127847, Hanover vs. DNC Road Dept, Del Norte Superior Ct., #
CVCV 08-2300 , Danis v. DNC, U.S. Dist Ct, N Cal., #
CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW,
Strom v. DNC, U.S. Dist Ct, N Cal., # CV08-4708MEJ, Coyle v. DNC, Del Norte Ct
# CVPM07-1572, Dickson v. DNC, Del Norte Ct # CVUJ08-1485, Elsebusch v. DNC,
Del Norte Ct # CVCV06-2313, JHP LLC v. Japp, Del Norte Ct # CVPT09-1438, Stewart
v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct #
CVUJ-10-1199, Wigley v. DNC, Del Norte Ct # CVPI06-1401, B) Anticipated
litigation: 1) significant exposure to litigation pursuant to Govt’ Code
54956.9(b) - two cases; 2) Initiation
of litigation Conference with Legal Counsel pursuant to Govt’ Code
54956.9(c) - 1 case. Public Employee Mental
Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Pursuant to Gov’t Code 54997 conduct evaluation of the
Superintendant of Building Maintenance.
Action: County Counsel commented that, as the prosecutor for the personnel
discipline relating to the Assistant District Attorney, that the Board of
Supervisor's legal advisor on this personnel matter, Robert Black, was out of
town and had asked that it be relayed that the matter of that discipline action
would have been on the agenda this meeting, except that the employee had
delivered a letter the day before and it had not been reviewed. That, and the
fact that the record has been received but is volumous, are the reasons that
the matter was not listed, or will be taken up as an urgency item, on this
agenda before the Board for action
REGULAR SESSION 10:00 A.M.
10:00 A.M. Call the meeting to order and take roll.
·
The
Pledge of Allegiance to the Flag led by Supervisor Sullivan.
Action: Supervisor Sullivan led the Pledge of Allegiance.
·
Introduction
of new employees to the Board of Supervisors.
Action: No new employees were introduced.
·
Report
of any actions from closed session by
Action:
·
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: Chair Hemmingsen stated that Items 10 and 18 were to be removed
from the agenda.
Corrections were requested that the wording on #13 be read as the
contract date ending on June 30, 2011. Corrections were also requested that the
wording be changed on #14 to read as the amount not be exceeded by $16,000.00.
SCHEDULED ITEMS:
Action: Supervisor Finigan reported on participating in a conference call
to Cal-Fire regarding timber lands, participating in a conference call with
CSAC regarding realignment, traveling to Sacramento for an RCRC Board meeting
regarding Cal-Fire, potential IOUs, Building Standard Codes, and new
legislation regarding travel reimbursements; commented on an upcoming meeting
with the Governor on Wednesday regarding legislation for the Airport and Elk Valley Rancheria, meeting
with the accountant for Del Norte Ambulance, attending a First 5 meeting,
attending the Salmon Festival where he served as a judge, attending a celebration
for Congressman Thompson, and attending his daughter's Parent Appreciation Day
for her acrobatics class.
Supervisor McClure reported on being busy setting up her school
classroom, participating in a conference call regarding the MLPA, working on the
proposal with Coastal Conservancy to get the tower fixed for the Lighthouse,
attending a Solid Waste Management Authority meeting where the agreement with
Recology was approved, meeting with a representative from RCTA regarding
aerosol spray on the buses, and working with Emergency Medical Services
regarding legislation.
Supervisor McNamer reported on attending a Solid Waste meeting,
and attending a Local Agency Formation Committee meeting.
Supervisor Sullivan reported on attending a 2x2 with Redwood National
Parks, commented on a meeting the next night at the Fire Hall regarding the
reclassification of an area of Tolowa Dunes, commented that there is a meeting
on October 8th in which duck hunting and the general plan for Mill Creek will
be discussed, stated that he read through the Agriculture Report and was
discouraged to see a 27% decrease from the previous year, meeting with
Community Development and Rod Butler, City Manager regarding emergency homeless
shelters, meeting with Ross Welch, Executive Director of the Arcata Economic
Development Authority, attending the physician's welcome reception at Hampton
Inn, participating in a teleconference North Deal meeting regarding the Klamath
Grade Raise, Last Chance Grade, and STAA projects, attending Smith River Days,
commented that SB1130 was in suspension, commented on the 3 year extension for
the milk contract, commented on the air freshener issue with Redwood Coast
Transit, commented on his son attending the golf camp, attending Supervisor
Hemmingsen's son's wedding, and attending Davy Crockett's 80th birthday.
Supervisor Hemmingsen reported on attending a 2x2 with the State
Parks regarding signage and the permitting process. He commented that there
were also members from the OHV division there as well. He reported on attending
a Citizens' Advisory Committee meeting at the Prison, meeting with Gary
Blatnick, Director of Health and Human Services and Jay Sarina, County
Administrative Officer, meeting with the accountant from Del Norte Ambulance,
participating in agenda review, and attending his son's wedding.
Action: Public Comment was given by Victoria Dickey regarding the Solid Waste
JPA and land transfers. Richard Miles gave Public Comment regarding Redwood
Coast Transit, City and County Parks and Solid Waste. Zack Larson of Larson
& Associates gave an update on the MLPA.
Action: Gary Blatnick, Director of Health and Human Services, Crystal
Markytan, Program Manager DHHS, and Linda Sanford, Assistant Chief Probation
Officer gave a presentation to the Board.
Public Comment was given by Richard Miles.
On a motion by Supervisor McClure and seconded by Supervisor
Finigan, the Board approved and authorized the Chair to sign the Del Norte County Self-Assessment
2010 as part of the California Child and Family Services Review.
Motion:
Move to approve
Move:
Martha McClure
Second:
David Finigan
Vote Yea:
5 Martha
McClure, David Finigan, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Chair Hemmingsen opened the Public Hearing.
Public Comment was given by Zack Larson.
Chair Hemmingsen closed the Public Hearing and brought the item
back to the Board.
On a motion by Supervisor McClure and seconded by Supervisor
McNamer, the Board approved the appeal County's Use Permit (Coastal Development
Permit) for the installation of a Sonar Fish Counting System on the Smith River
(UP1101C)
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
5 Martha
McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Supervisor Sullivan recused himself from this item due to conflict
of interest.
On a motion by Supervisor Finigan and seconded by Supervisor
McNamer, the Board approved the Appeal of Condition #19 from a Use Permit for a
Residence in a TPZ Zone, APN 124-060-07 (Tollefson).
Motion:
Move to approve
Move:
David Finigan
Second:
Leslie McNamer
Vote Yea:
4 David
Finigan, Leslie McNamer, Martha McClure, 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: Public Comment was given by Richard Miles, Phil Hilger, and Zack
Larson.
Supervisor Sullivan recused himself from Item #13 due to conflict
of interest.
On a motion by Supervisor McClure and seconded by Supervisor
McNamer, the Board approved the Consent Agenda with the removal of Item #10 and
corrections made to Items #13 and #14.
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
5 Martha
McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
6.
Approve
the Minutes from the July 27, 2010 Board of Supervisors' meeting.** Document
Action: Approved
7.
Approve
the Minutes from the August 10, 2010 Board of Supervisors' meeting.** Document
Action: Approved
Action: Approved
Action: Public Comment was given by Richard Miles, Phil Hilger, and Zack
Larson.
Approved (DNCO Agreement 2010-137)
Action: This item was pulled from the agenda.
Action: Approved
Action: Approved (DNCO Resolution 2010-048)
Action: Supervisor Sullivan recused himself from this item.
Approved (DNCO Agreement 2010-139)
Action: Approved (DNCO Agreement 2010-141)
Action: Approved (DNCO Resolution 2010-049)
Action: Approved (DNCO Agreement 2010-140)
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Public Comment was given by Grant Wershkull, Gerry Cochran, and
Phil Hilger.
The Board discussed the proposal and agreed to continue
negotiations and bring this matter back to the Board.
LAND USE:
Action: This item was removed from the agenda.
Action: Rosanna Bower, Assistant Engineer, presented the item.
The Board directed staff from Community Development and
Action: Heidi Kunstal, Deputy Director of Building and Planning, presented
this item.
Public Comment was given by Bill Lonsdale.
The Board gave direction to have a committee formed to work on
this item. This committee would include Supervisor Hemmingsen, Supervisor
McNamer,
BUDGET TRANSFERS:
Action: On a motion by Supervisor Finigan and seconded by Supervisor
Sullivan, the Board approved Budget Transfer (06-33).
Motion:
Move to approve
Move:
David Finigan
Second:
Michael Sullivan
Vote Yea:
5 David
Finigan, Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
LEGISLATIVE AND BUDGET ISSUES:
Action: Supervisor Sullivan requested that a letter in support of
reclassification of a portion of
Supervisor McClure requested that a letter be sent to both the
City Clerk and the City Council regarding the removal of the flouride issue
from the City's ballot.
Action: On a motion by Supervisor McClure and seconded by Supervisor
McNamer, the Board gave direction to open Budget Hearings on the regular Board
of Supervisors' meeting on September 14, 2010 and direct the Clerk to publish a
notice.
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
5 Martha
McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
24. Consider
a report on the status of the ongoing proposed budget process. Information
only.
Action: Jay Sarina, County Administrative Officer, gave an update on the
ongoing budget process.
CAPITAL PROJECTS:
25. Verbal
Update. Information Only.
Action: Jay Sarina, County Administrative Officer, gave an update on
Capital Projects.
Supervisor Sullivan asked to have the Building Superintendent give
a presentation to the Board regarding plans for Ruby Van Deventer Park as well
as a timeline for maintenance and projects for the parks in the County.
ADJOURNMENT
1.
Adjourn
as the Board of Supervisors and reconvene as the Del Norte IHHS Public
Authority.
Action: Adjourned as the Board of Supervisors and reconvened as the Del
Norte IHHS Public Authority.
On a motion by Supervisor Finigan and seconded by Supervisor
McNamer, the Board adopted a Resolution of the Del Norte In-Home Health
Services (IHHS) Authority Delegating Authority to the Del Norte County CSAC-EIA
Board member or Alternate Member to Act on Behalf of the Del Norte IHHS Public
Authority.
Motion:
Move to approve
Move:
David Finigan
Second:
Leslie McNamer
Vote Yea:
5 David
Finigan, Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us