A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, March 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 and Gerry Hemmingsen
Absent: David Finigan
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.
Action: The Chair called the meeting to order at 10:00 A.M. and the Clerk
took silent roll noting that all were present with the exception of Supervisor
Finigan.
·
The
Pledge of Allegiance to the Flag led by Supervisor Hemmingsen.
Action: Supervisor Hemmingsen 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 tabled Item #23 to be brought forth at a
future Board meeting.
On a motion by Supervisor Hemmingsen and seconded by Supervisor
Sullivan, the Board added an item titled: Approve and authorize the Chair to
sign a letter opposing AB720 (Hall): Public Contracts: Uniform Construction
Cost Accounting Act as introduced on February 17, 2011.
Motion: Move to Approve
Move: Gerry Hemmingsen
Second: Michael Sullivan
AYES: 4 Martha McClure, Gerry
Hemmingsen, Michael Sullivan, Leslie McNamer
Kevin Hamblin, Director of Community Development, spoke on this
item.
On a motion by Supervisor Sullivan and seconded by Supervisor
McClure, the Board approved and authorized the Chair to sign a letter opposing
AB720 (Hall): Public Contracts. Uniform Construction Cost Account Act as
introduced on February 17, 2011.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Martha McClure
Vote Yea:
4 Michael
Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
SCHEDULED ITEMS:
Action: Supervisor McClure reported on attending several meetings at the
Senior Center, participating in interviews for the position of County Counsel,
commented on the Redwood Parks Association, commented that she traveled to
Dallas, Texas for a conference as part of her commitment to the Redwood Parks
Association Board, participated in a few Solid Waste Ad Hoc committee meetings,
attending a RAC meeting, and commented on SB 700.
Supervisor Sullivan reported on participating in a North Deal
Meeting with Cal-Trans in a conference call,
participating in interview for County Counsel, attending a RAC meeting,
attending his son's basketball game, commended John Horner, Recreation Coordinator,
on his job, attending Cal-Trans meeting in Hiouchi and Smith River, commented
on the upcoming release of a rough draft of the Solid Waste Ad-Hoc report, and
commented on SB 700 and SB 387.
Supervisor Hemmingsen reported on participating in Action Summary,
attending a Tri-Agency meeting, attending an Airport Finance Committee meeting,
attending a LAFCo meeting where he commented that Kathyrn Murray was elected
Chair and Leslie McNamer is Vice-Chair, participating in interviews for County
Counsel, attending a Border Coast Regional Airport Authority meeting, and
commented that he went to Phoenix to watch Spring Training
Supervisor McNamer reported on attending a CMSP meeting in
Action: Public Comment was given by Scott Feller regarding Senate Bills
351, 22, 333, 390, 505, 269, 413, 665, 518, and a spot bill for Fair Boards.
Action: James Lambert gave a presentation on his request.
Supervisors Hemmingsen and Sullivan state that they would like to
see the agreement by Fish and Game before they made any decision.
Supervisor McClure made a motion that James Lambert be allowed to
sell his personal property and that a letter of support be sent to the Wildlife
Conservation Board. Supervisor McNamer seconded the motion.
On a 2-2 vote, the motion failed.
AYES: Leslie McNamer,
Martha McClure
NOES: Gerry Hemmingsen, Michael Sullivan
ABSENT: David Finigan
4.
10:30
A.M. Receive a status report from Rick Martin, Director of Northcoast Air
Quality.
Action: Rick Martin, Director of Northcoast Air Quality, gave a status
update and covered the following: Regulating Stationary Sources of Air
Pollution, Complaint Investigation, Environmental Review of Projects, Air Quality Grants, Air
Quality Monitoring, and Regulating Toxic Air Contamination.
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Supervisor Hemmingsen recused himself from Item #19 due to
conflict of interest.
On Item #8, the action to appoint a Board member to the Local
Enforcement Agency Independent Hearing Panel was continued to the next meeting.
All other actions were voted on.
On a motion by Supervisor McClure and seconded by Supervisor
Sullivan, the Board approved the Consent Agenda, Items #5 through #19.
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
5.
Approve
the Minutes from the Board of Supervisors meeting on February 22, 2011.** Document
Action: Approved
6.
Approve
the Minutes from the Board of Supervisors' Special Session on March 1,
2011.** Document
Action: Approved
7.
Approve
a step increase for the Director of Child Support Services.
Action: Approved
Action: The appointments of Leon Perreault and Mary Jo Duncan were
approved as members to the Local Enforcement Agency Independent Hearing Panel
for a four-year term ending on October 9, 2014. The third appointment was moved
to the next Board of Supervisors' meeting for decision.
Action: Approved
Action: Approved
Action: Approved
Action: Approved (DNCO Agreements 2011-26, 2011-27, 2011-028)
Action: Approved (DNCO Agreement 2011-029)
Action: Approved
Action: Approved
Action: Approved (DNCO Agreement 2011-030)
Action: Approved (DNCO Agreement 2011-031)
Action: Approved (DNCO Agreement 2011-032)
Action: Supervisor Hemmingsen recused himself from this item.
Approved (DNCO Agreement 2011-033)
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: The Board asked that this report be more precise when it is
presented to the Board.
On a motion by Supervisor McClure and seconded by Supervisor
Hemmingsen, the Board approved Discharge of Accountability for uncollectible
Motion:
Move to approve
Move:
Martha McClure
Second:
Gerry Hemmingsen
Vote Yea:
4 Martha
McClure, Gerry Hemmingsen, Leslie McNamer, Michael Sullivan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Kevin Hamblin, Director of Community Development, presented this
item.
On a motion by Supervisor Sullivan and seconded by Supervisor
Hemmingsen, the Board approved the attached letters supporting a legislative
"fix" which would re-enact the Gas Tax Swap preserving state and
local transportation funding.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
4 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Supervisor Hemmingsen presented this item.
On a motion by Supervisor Hemmingsen and seconded by Supervisor
Sullivan, the Board voted in support of the Planning Rule Comment Letter as it
applies to coordination with State, Indian Tribal, and Local Governments.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Michael Sullivan
Vote Yea:
4 Gerry
Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure
Vote Nay:
0 None
Vote Abstain: 0 None
Action: This item was table by Supervisor Sullivan for a future Board of
Supervisors meeting.
BUDGET TRANSFERS:
Action: On motion by Supervisor Sullivan and seconded by Supervisor
Hemmingsen, the Board approved Budget Transfer (02-04, 02-06, 02-07, 02-08,
03-01, 03-02)
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
4 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: Jay Sarina, County Administrative Officer, gave an update on
issues such as realignment and budget workshops.
31. Approve
and authorize the Chair to sign a letter to Congress regarding deficit reduction.** Document
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
McClure, the Board approved and authorized the Chair to sign a letter to
Congress regarding deficit reduction.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Martha McClure
Vote Yea:
4 Michael
Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Jay Sarina, County Administrative Officer, gave an update on the
mid-year budget.
CAPITAL PROJECTS:
33. Verbal
Update. Information only.
Action: Jay Sarina, County Administrative Officer, gave an update on Ruby
Van Deventer Park,
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us