A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, September 27, 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, California United Home
Care Workers Union, Sheriffs Employees' Association, represented and
unrepresented bargaining units. II) Conference
with legal counsel – A) Existing litigation pursuant to Government code
54956.9(a Alan D. Murray, U.S. Bankruptcy
cases Northern District of California, Case No. 11-10535; Fiery
v. California Dept. of Fish and Game, et al., Superior Court of
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
Action: County Counsel led the Pledge of Allegiance.
·
Introduction
of new employees to the Board of Supervisors.
Action: The Building and Maintenance General Services Manager, Ed Fulton,
introduced a new addition to the Park and Maintenance Department, James Ball.
·
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 attending the Regional Council
of Rural Counties Annual Conference in South Lake Tahoe, and commented on the
following: a panel presentation regarding Sustainable Communities: future of
land use and housing and transportation; a panel presentation regarding
regulatory reform, redistricting; and a
presentation on the Federal Reserve, renewable energy, and challenges of
the agricultural community. He also reported on attending a Del Norte Local
Area Formation Commission meeting, and commented that SB 369 was signed by the
Governor yesterday.
Supervisor McClure reported on attending a Senior Center Board
meeting, participating in a Redwood Park
Association Chamber Mixer, commented on going through the next Coastal
Commission agenda, reported on attending a Historical Society meeting, speaking
with Assemblymember Chesbro's office regarding the Tsunami Relief Bill,
participating in Agenda Review, commented that she was contacted by the
Governor's office to inform her that the Regional Water Control Board has four
openings, and attending a Solid Waste Management Authority meeting.
Supervisor Finigan reported on participating in a California State Association of Counties
conference call, attending a meeting at the Family Resource Center with members
of First 5, traveling to Sacramento to meet with the Governor regarding
realignment, AB109, and funding for programs; attending the Regional Council of
Rural Counties Annual Conference in South Lake Tahoe, participating in an
Regional Council of Rural Counties Executive Board meeting regarding State
Responsibility Areas, State Park Closure, Secure Rural Schools, and legislation
updates. He also commented on the status of the inmate fire crews, commented on
a Small Community Development Grant that was given to the Airport for
marketing, and commented on AB 885.
Supervisor Sullivan reported on attending a North Deal meeting,
attending the Regional Council of Rural Counties Annual Conference in South
Lake Tahoe and commented on the following: a presentation regarding redistricting
and a presentation regarding the challenges facing California Agriculture. He
also commented on attending a going away party for Jay Freeman, and commented
on speaking with Alma Cardenas regarding her daughter's death in 2008.
Supervisor McNamer reported on attending the Regional Council of
Rural Counties Annual Conference in
Action: Public Comment was given by Roger Gitlan, Richard Miles, Ron
Plechaty, Dale Boeing, and Jim Bernard.
Action: Chair McNamer continued the Hearing by asking for Public Comment.
No Public Comment was given.
On a motion by Supervisor Finigan and seconded by Supervisor
Sullivan, the Board approved the following recommendations1) Continue the
Public Hearing, accept Public Comment and conclude the public hearing and adopt
the Recommended 2011-2012 Fiscal Year Final budget, and Special District
budgets by resolution as presented over the course of the budget hearings;2)
Adopt Resolution 2011-__, a Resolution Fixing Tax Rates for Fiscal Year
2011/2012 as required by Government Code; 3)
Adopt a Resolution 2011__ setting the appropriation limits for Fiscal
Year 2011/2012, and 4) Establish One
Deputy District Attorney I/II/III position for the purpose of prosecuting cases
at Pelican Bay State Prison effective the first pay period in January; (DNCO
Resolution 2011-059, 2011-060)
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
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Item #13 was pulled for separate discussion.
Supervisor Sullivan recused himself from Item #9 for conflict of
interest.
On a motion by Supervisor McClure and seconded by Supervisor
Hemmingsen, the Board approved the Consent Agenda, (Items #4 through #12)
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
4.
Approve
the Minutes from the August 23, Board of Supervisors' meeting.** Document
Action: Approved
5.
Approve
the Minutes from the September 13, 2011 Board of Supervisors' meeting.** Document
Action: Approved
6.
Approve
a Proclamation in recognition of Domestic Violence Awareness Month, October
2011.** Document
Action: Approved
Action: Approved (DNCO Agreement 2011-161)
Action: Approved (DNCO Agreement 2011-159)
Action: Supervisor Sullivan recused himself from this item.
Approved (DNCO Agreement 2011-160)
Action: Approved (DNCO Agreement 2011-162)
Action: Approved (DNCO Agreement 2011-163)
Action: Approved (DNCO Agreement 2011-164)
Action: This item was pulled from the Consent Agenda for separate
discussion.
Supervisor Sullivan volunteered to take over the position of
alternate since Supervisor McClure now has a conflict of interest due to her
position on the California Coastal Commission.
On a motion by Supervisor Finigan and seconded by Supervisor
Hemmingsen, the Board approved the re-appointments of Supervisors' Hemmingsen
and Finigan to the Board of Commissioners of the Border Coast Regional Airport
Authority, with Supervisor Sullivan serving as the alternate. (DNCO Resolution
2011-061)
Motion:
Move to approve
Move:
David Finigan
Second:
Gerry Hemmingsen
Vote Yea:
5 David
Finigan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, Michael Sullivan
Vote Nay:
0 None
Vote Abstain: 0 None
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor
McClure, the Board approved the expenditures of Title III funds in the amount
of $13,711.89 for the Bar-O Boys Ranch search and rescue efforts under P.L.
110-343.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Martha McClure
Vote Yea:
5 Gerry
Hemmingsen, Martha McClure, Leslie McNamer, Michael Sullivan, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Public Comment was given by Richard Miles.
On a motion by Supervisor Finigan and seconded by Supervisor
McClure, the Board authorized the County Administrative Officer to pursue a
Tire-Derived Product Grant for the purpose of providing recycled rubber mulch
for a new playground at the Del Norte Wellness Center.
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
Action: Discussion was held by Board members.
Supervisor
McClure stated that her intention for bringing this matter back up for
discussion was to have it properly agendized in accordance with the Brown Act.
She also stated that she would like a renewal of the previous motion and a
polled vote followed by discussion. She commented that she takes back her
affirmative vote of the matter on the September 13, 2011 meeting.
Supervisor
McClure made a motion that the County not form an Ad-Hoc Committee at this time
in relationship to Solid Waste as Solid Waste has been vetted. Supervisor
McNamer seconded the motion.
Public
Comment was given by Richard Miles, Ron Plechaty, Lathe Gill, Irene Tynes, Tim
Mitchell, Carolyn Star, Linda Ehrisman, Joseph Aliotti, Patty McCleary, John
Mertes, Grant Werschkull, Andrea Wadsworth, Mary Wilson, Wesley Nunn, Connie Morrison, and Paul
Dillard.
The vote was polled and the motion failed 3-2
Motion: Move to approve
Move: Martha McClure
Second: Leslie McNamer
AYES: 2 Martha McClure, Leslie McNamer
NOES: 3 Michael Sullivan, Gerry Hemmingsen, David
Finigan
Form a new Solid Waste Ad-Hoc committee to be
composed of two City Council members, two members of the Board of Supervisors,
(with the understanding that at least one member from each entity shall not sit
on the Solid Waste Management Authority Board) and appropriate legal counsel
to restructure or dissolve the Solid Waste Management Authority was a valid
action and still stands.
After discussion the Board directed that a City/County meeting be
held to discuss the City's involvement before the new Solid Waste Ad-Hoc
Committee meets.
BUDGET TRANSFERS:
Action: On a motion by Supervisor McClure and seconded by Supervisor
Sullivan, the Board approved Budget Transfer (06-20).
Motion:
Move to approve
Move:
Martha McClure
Second:
Michael Sullivan
Vote Yea:
5 Martha
McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
LEGISLATIVE AND BUDGET ISSUES:
Action: Supervisor Sullivan commented on the State Responsibility Areas
and Supervisor Finigan commented on AB 554.
CAPITAL PROJECTS:
19. Verbal
Update. Information only.
Action: Jay Sarina, County Administrative Officer, gave updates on the
Townsite Boat Launch, Battery Point Lighthouse, Prop 40 Projects, and ADA
compliance in the parks.
ADJOURNMENT
Action: The Board adjourned at 12:22 P.M.
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us