A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, February 08, 2011 |
8:30 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.
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), Wilson v. DNC, Cal. 1st
App Dist # A127847, Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v.
U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, 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, Hanover vs. DNC Road
Dept, Del Norte Superior Ct., #CVCV 08-2300, Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258; 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.
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 McClure
Action: Supervisor McClure 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: Supervisor Sullivan requested the following items to be added to
the agenda as urgency items:
(1) Approve and authorize the Clerk of the Board to sign the
attached Memorandum for the California School Cash Reserve 2010-2011 Mid-Year
TRAN Program to authorize the Del Norte County Unified School District to issue
TRANS on its own behalf pursuant to the previously adopted District Resolution;
and
(2) Approve and authorize the Chair to sign a letter in support of
State funding for the California Fairs.
On
a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the
Board added the items to the agenda as urgency items.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea: 5 David
Finigan, Martha McClure, Leslie McNamer,
Michael Sullivan, Gerry Hemmingsen
URGENCY
ITEM #1
Approve
and authorize the Clerk of the Board to sign the attached Memorandum for the
California School Cash Reserve 2010-2011 Mid-Year TRAN Program to authorize the
Del Norte County Unified School District to issue TRANS on its own behalf
pursuant to the previously adopted District Resolution.
On
a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the
Board authorized the Clerk to sign the attached Memorandum authorizing the Del
Norte County Unified School District to issue TRANS on its own behalf pursuant
to the previously adopted District Resolution.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea: 5 David
Finigan, Martha McClure, Leslie McNamer,
Michael Sullivan, Gerry Hemmingsen
URGENCY
ITEM #2
Approve
and authorize the Chair to sign a letter in support of State funding for the
California Fairs.
After
discussion, the Board asked that a presentation by a representative from the
Del Norte County Fair Board be given at the next Board of Supervisors' meeting.
No action was taken.
SCHEDULED ITEMS:
Action: Supervisor Sullivan reported on attending a Tri-Agency meeting,
attending the farewell lunch for former City Manager Rod Butler, and participating
in a conference call for Area 1 Agency on Aging.
Supervisor Hemmingsen reported on attending a NORTEC meeting which
included new elections for Chair and Vice-Chair of the Governing Board,
attending a Fish & Game meeting regarding possible land exchanges between
Fish & Game and the County, attending a Local Mental Health Board meeting,
attending a meeting with the Airport Director of the Border Coast Regional
Airport Authority, and participating in a teleconference with Steve Chaney,
Superintendent of Redwood National Parks regarding the closure of South Beach
Road in Klamath.
Supervisor McClure reported on participating in a teleconference
with the Resource Legacy Foundation and Jay Sarina, County Administrative
Officer, regarding the Battery Point Lighthouse; attending a Redwood Parks
Association meeting, attending several Senior Center Board meetings, and
expressed her thanks to the Community Development staff for the installation of
the 4-way stop on Pebble Beach and Washington Boulevard.
Supervisor Finigan reported on attending a meeting with the CSAC
Corporate Associates, attending a CASA Board meeting, participating in a
teleconference with CSAC regarding realignment, meeting with the Airport
Director and a consultant for the Border Coast Regional Airport Authority,
participating in a National Forest, Counties, Schools Coalition teleconference,
and participating in a CSAC Officer's conference call
Supervisor McNamer reported on attending a Safe and Healthy
Families meeting and requested that the Sheriff and Police Department please
attend as well as others who haven't been attending recently, attending a Bar-O
Boys Ranch Oversight Committee meeting, meeting with Kelly Nolan, regarding the
Library Literacy Program, and commented that she missed her CMSP meeting this
month due to her first granddaughter being born.
Action: Public Comment was given by Richard Miles, Patti Vernelson
introduced the new Building Healthy Communities new
3.
10:35
Presentation by Chris Miller of the Redwood Coast Regional Center.
Action: Chris Miller, Consumer Advocate for the
Public Comment was given by Richard Miles.
Action: A presentation was given to the Board on the Governor's Proposed
Realignment of Child Welfare, Foster Care, Adoptions, Adult Protective, and
Mental Health Services
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Supervisor Sullivan asked that Items #9 and #10 be pulled for
separate discussion. He also asked that a typo in the Minutes be corrected.
Supervisors Hemmingsen and Sullivan recused themselves from Item
#13 due to conflict of interest.
No Public Comment was given.
On a motion by Supervisor Finigan and seconded by Supervisor
McClure, the Board approved the Consent Agenda (Items #5 through #8 and #11
through #14)
Motion:
Move to approve
Move:
David Finigan
Second:
Martha McClure
Vote Yea:
5 David
Finigan, Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
5.
Approve
the Minutes from the January 25, 2011 Board of Supervisors' Meeting.** Document
Action: Approved with corrections made.
Action: Approved (DNCO Resolution 2011-010) (DNCO Agreement 2011-019)
Action: Approved (DNCO Agreement 2011-020)
Action: Approved (DNCO Agreement 2011-021)
Action: This item was pulled for separate discussion.
The Board gave direction for this item to be pulled from the
agenda and to have the MOU sent back into negotiations with the Solid Waste
Management Authority.
Action: This item was pulled for separate discussion.
The Board gave direction to have the item pulled from the agenda
and to have the MOU sent back into negotiations with the Del Norte Solid Waste
Management Authority.
Action: Approved (DNCO Agreement 2011-022)
Action: Approved (DNCO Resolution 2011-007)
Action: Approved (DNCO Agreement 2011-023)
Action: Approved (DNCO Resolution 2011-011)
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Public Comment was given by Richard Miles.
On a motion by Supervisor Sullivan and seconded by Supervisor
Hemmingsen, the Board approved and authorized the following actions : (1) Directed Community Development Department
Staff to prepare an Application for grant funds from the Solid Waste Disposal
Site Cleanup Trust Fund (CalRecycle) for an amount not to exceed $500,000.00;
and (2). Directed Community Development Department staff to return to the March
8, 2011, meeting of the Board of Supervisors with the completed application and
Resolution authorizing submittal to CalRecycle.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
5 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: This item was pulled from the agenda due to a request for further
information.
BUDGET TRANSFERS:
Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan,
the Board approved Budget Transfers (02-01),(02-02),and (02-03).
Motion:
Move to approve
Move:
Michael Sullivan
Second:
David Finigan
Vote Yea:
5 Michael
Sullivan, David Finigan, Leslie McNamer, Martha McClure, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: Discussion was heard regarding the postponement of the hearing for
the Bureau of Indian Affairs fee-to-trust land acquisition for Smith River
Rancheria as well as the June election and the State Budget.
CAPITAL PROJECTS:
21. Verbal
Update. Information only.
Action: A verbal update was given on Pyke Field and
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us