BOARD
OF SUPERVISORS
APRIL
8, 2003
The
Lassen County Board of Supervisors convene in Regular Session at 9:05 a.m. Chairman Chapman asks for public comment and
no comments are received. County Clerk
Nagel announces the Closed Session items and the Board recesses to Closed
Session at 9:07 a.m. for: 1) Conference with Labor Negotiator Andy
Whiteman: May include the following
bargaining units - a) Lassen County Peace Officers Assn. (LCPOA), b)
Lassen County Correctional Peace Officers Assn. (LCCPOA), c) United Public Employees of California (UPEC),
d) Lassen County Road Workers Assn. (LCRWA), e) Mid-Management, f) Commanders
Association, and g) Management; and 2) Conference with Labor Negotiator: County Designated Representative: Lynne Margolies, Personnel Director;
Unrepresented Employee: Psychiatrist/MD.
Present
in the Closed Session are Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer,
Brian Dahle, and Jack Hanson; County Counsel John Ketelsen, County
Administrative Officer Andy Whiteman, Personnel Director Lynne Margolies,
Auditor Karen Fouch, Assistant Auditor Sonjia Edwards, Public Works Director
Larry Millar and County Clerk Theresa Nagel.
Closed Session is recessed at 9:48 a.m.
The
Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday,
April 8, 2003, at 9:50 a.m.
Present: Supervisors Robert Pyle,
Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel John
Ketelsen, County Administrative Officer (CAO) Andy Whiteman and County Clerk
Theresa Nagel. Following the flag
salute, the invocation is offered by Supervisor Dahle.
ANNOUNCEMENT
OF ITEMS DISCUSSED IN CLOSED SESSION
The
County Clerk announces the Closed Session dealt with: 1)
Conference with Labor Negotiator Andy Whiteman: May include the following bargaining units -
a) Lassen County Peace Officers Assn. (LCPOA),
b) Lassen County Correctional
Peace Officers Assn. (LCCPOA), c) United
Public Employees of California (UPEC), d) Lassen County Road Workers Assn.
(LCRWA), e) Mid-Management, f) Commanders Association, and g) Management - no
reportable action taken; and 2) Conference with Labor Negotiator: County Designated Representative: Lynne Margolies, Personnel Director;
Unrepresented Employee: Psychiatrist/MD - It is moved by Supervisor Pyle,
seconded by Supervisor Keefer and carried on a roll call vote, with Supervisors
Hanson, Pyle & Keefer voting YES, and Supervisors Dahle, Chapman voting NO,
to approve a contract with full time psychiatrist (Dr. Green).
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
It is
moved by Supervisor Keefer, seconded by Supervisor Hanson and carried to
approve the agenda as posted.
PUBLIC
COMMENT
1. John Crites announces that CDF has begun work
with Antelope Camp Crews on the Susanville West Paiute Creek 6 acre
demonstration fuels reduction project.
2. Lassen County Fire Warden Steve Peterson
talks about the closing of CDF lookouts.
He was part of a meeting with the five major landowners in Lassen County
and Thomas Gauthier to discuss options for dealing with this problem. They are doing all they can to work on this
issue but so far nothing has happened in regard to keeping the lookouts
open. He will keep the Board informed.
CONSENT
CALENDAR
It is
moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to take
the noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
minutes of March 25, 2003.
COUNTY
CLERK - PROPOSITION 65 REPORT ITEM
Receive
and file report #03-02, filed by Emergency Services Officer Chester G. Jackson
and Operations Commander Silas Bollinger, on April 1, 2003 NOTIFICATION OF
HAZARDOUS MATERIALS RELEASE: On March 28, 2003, the Susanville Police
Department received notification that approximately 75 gallons of red dye
diesel fuel had been spilled out of a 105 gallon tank that fell off of the back
of a flat bed truck at Fifth and Ash Streets.
Material was contained and city crew and County Road Department were to
dispose of material. State Warning
Center was notified.
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of Declaration of State of Disaster / Drought Emergency in Lassen
County for 2002.
PUBLIC
WORKS DEPARTMENT ITEMS
Authorize
the Road Department to begin abandonment proceedings for the removal of a 1.32
mile section of Ward Lake Road from the County Maintained Road System.
Authorize
the Road Department to begin abandonment proceedings for the removal of a .86
mile section of Ryan Road from the County Maintained Road System.
Award
bid to Hoblit Motors, Woodland, the lowest bidder meeting the specifications,
in the amount of $28,139.54, for one (1) 2003, 4x4 One-Ton Crew Cab and
Chassis; and award bid to Sierra Freightliner, Sparks, the lowest bidder meeting the specifications in the amount of
$49,999.96 for two (2) 2003 Semi-Bottom Hopper Trailers.
SHERIFF'S
DEPARTMENT ITEM
Award
bid for the purchase of inflatable rescue boat and miscellaneous boat
equipment, for the Sheriff's Department to Inflatable Boat Center, Inc.,
Portland, Oregon, the only bidder meeting specifications, in the amount of
$28,095.55.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Mental Health Advisory Board meeting agendas
for March 26, 2003 and April 8, 2003; and unapproved minutes of March 11, 2003.
b. Lassen
County Technical Advisory Committee meeting agenda for April 1, 2003.
c. Lassen County Planning Commission revised
agenda for April 2, 2003.
d. Lassen
County Fair Advisory Board agenda for April 8, 2003.
e. Lassen
County In-Home Supportive Services Advisory Board special meeting for April 23,
2003.
INDIAN
ELDERS COUNCIL (IEC)
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to: direct the CAO to examine the financial
status of the Indian Elders Council (IEC); and authorize CAO to expend up to
$15,000 from the General Fund's Non-Departmental Budget Unit upon his
determination of the financial needs of the IEC.
Supervisor
Dahle wants an analysis and press release to explain what has happened in
regard to the huge increase in workman's compensation rates, noting this is one
of the factors that has affected the IEC budget.
LASSEN
COUNTY ALCOHOL AND DRUG PROGRAM AND PROGRESS HOUSE
This
item continued to the next meeting.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Hanson announces that he was
contacted by Congressman Doolittle's office with a request for a letter of
support for funding to extend the Sierra Army Depot airstrip. He responded to this request.
2. Supervisor Hanson notes the Herlong Utilities
Cooperative (HUC) issues are still rolling along and the county is still
evaluating what the pros and cons are in regard to participation in the HUC.
3. Supervisor Hanson comments on the hospital
dedication held last Friday and how proud he is of this medical asset.
4. Supervisor Keefer attended the
Counties/Schools Coalition meeting and states it was well attended. There were discussions relating to some
counties in Oregon who stretched the rules in regard to Title II projects and
what could/should be done.
5. Supervisor Keefer attended the CDF Lookout
meeting yesterday and there were questions about the ability to use Title II or
III funds for the lookouts. He does not
believe these funds can be used for this purpose.
6. Supervisor Keefer designates that $3,900 of
his discretionary funds go to the Janesville Town Council to purchase
playground equipment for Janesville Park.
7. Supervisor Chapman comments on the hospital
dedication held last Friday.
8. Supervisor Chapman reports on conference
calls held yesterday with CSAC Executive Committee and with PSA II.
ALCOHOL
AND DRUG ADVISORY BOARD
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to accept
the letter from Victor Sainte-Marie submitting his resignation from the Lassen
County Alcohol and Drug Advisory Board and direct County Clerk to advertise
vacancies.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
It is
moved by Supervisor Dahle, seconded by Supervisor Pyle and carried to adopt, by
title only, Ordinance No. 556, amending Title 9 of the Lassen County Code to
provide suspension of restrictions for special events within Susanville Ranch
Park; and authorize suspension of park restrictions (camping, campfires, firing
of blanks by cannon and muskets) for activities specifically related to the
Civil War Re-enactment event only.
CORRESPONDENCE
1. A letter from Director Dallas Jones of the
Governor's Office of Emergency Services stating the U. S. Department of
Agriculture granted a Secretarial disaster designation for the county of Lassen
due to agriculture losses caused by drought, is received and filed.
2. A letter from Director Dallas Jones of the
Governor's Office of Emergency Services stating the U. S. Small Business
Administration (SBA) has declared the primary County of Lassen a disaster area
due to damages caused by drought, is received and filed.
3. A letter from Director Robert C. Hight of the
California Department of Fish and Game in response to the Board's correspondence
regarding the lack of Game Wardens in Lassen County and other problems, is
received and the County Clerk is directed to send a copy to the Lassen County
Fish and Game Commission.
4. A letter is received from Lassen County Fish
and Game Commission (Chairman Tim Semon) requesting adoption of a resolution
relating to Fisheries Biologist and vacant Wildlife Biologist positions.
It is
moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to adopt
Resolution No. 03-027, requesting the BLM State Director change the Table of
Organization for the Eagle Lake Field Office to include a Fisheries Biologist
and fill that position as expeditiously as possible and a request to consider
filling the vacant Wildlife Biologist position as soon as possible.
5. A letter from Assemblyman Doug Lamalfa, 2nd
District, in response to proposed elimination of fire lookouts, is received and
filed.
6. A notice from Mallard Cablevision, LLC and
SunTel Communications, LLC, of one-time charges and other service rate changes
in the SunTel system, effective May 1, 2003, is received and filed.
7. A notice from Lassen County Superior Court
Presiding Judge Stephen D. Bradbury that the Court will no longer participate
in the County of Lassen's program for worker's compensation as of June 30,
2003, is received and filed.
HIGHWAY
44 FENCING
Supervisor
Pyle reviews the past actions in relation to the Highway 44 fencing and the
determination in Phase I that, in regard to the need for highway safety,
fencing is needed. He states there is no
difference between Phase I and Phase II and he cannot understand why all the
agencies that supported fencing in Phase I are not supporting it in Phase II.
Wally
Roney representing Roney Land and Cattle, discusses his comments to CalTrans
and notes his attorney's legal opinion found that CalTrans is in clear
violation of the 1998 Memorandum of Understanding.
Forest
Service Supervisor Ed Cole provides information on the process being used for
Phase II and states they are not in the position to build fencing, but have
raised their concern and asked that fencing be addressed one way or another in
the NEPA Process. He states the fencing
issue is in the hands of CalTrans and the Federal Highway Administration. He notes they are willing to participate in
building fencing but they are looking at who will pay for it and who will take
the lead. He states it is a safety issue
but not overriding other safety issues.
CalTrans
District Two Director Brian Crane states the pavement on Highway 44 is in such
bad shape it needs to be repaved. He
discusses the other safety issues and how they are addressing them. He states that 60% of the accidents on this
highway involved snow and ice with only five accidents involving
livestock. CalTrans feels fencing is
needed but not as a part of this pavement rehabilitation project. They are willing to participate and work in
partnership and are willing to supply some support and capital resources.
Supervisor
Chapman asks how Phase II is any different from Phase I. Mr. Crane responds they were not in favor of
building fencing in Phase I, but they used state funding to move the project
forward as the Federal Highway Commission denied funding for fencing. In response to a question from Supervisor
Dahle about the fencing that is currently being installed along Highway 139,
Crane states that accident statistics show more livestock accidents and they
could justify using safety funds for the fencing.
Wally
Roney states the Forest Service can require fencing when they provide an
easement to CalTrans. Cole does not
believe the Forest Service will be taking that position in the Easement Letter
of Consent because of the accident statistics that do not support fencing.
Following
extensive discussion Supervisor Dahle asks what process can occur to get
fencing installed outside of the current project process. Cole responds a separate meeting needs to be
held with all involved parties to determine what resources can be put forth.
Wally
Roney discusses the subject of liability relating to negligence and also
wonders if a letter needs to go to the Federal Highway Commission to set-forth
all these issues.
Lassen
County Cattlemen's Assn. President Richard Egan states they are in support of
fencing Highway 44 and feels the letter of consent is the point at which
pressure can be put forth. He believes
the agencies need to make a definite commitment to installing fencing.
Billy
Roney speaks to Mr. Crane about the realities of the speed of traffic on
Highway 44 and the dangers caused by trucks driving very fast even when cattle
are present. She speaks of her
experiences on horseback near the highway when moving cattle and also states
regardless of what his statistics show there are more cattle/vehicle collisions
than he is indicating.
Recess
11:38 - 11:45 a.m.
COUNTY
ADMINISTRATIVE OFFICER
CAO
Whiteman reports the sales tax revenues for the fourth quarter ($158,491)
increased 29.7% over the same quarter of 2001 ($122,208). Much of the increase is attributed to
increased auto retail outlets in the county and higher prices for fuels subject
to sales tax. The overall point-of-sales
tax revenues increased 10% for calendar year 2002 above the previous year. The City of Susanville revenues increased
6.6% during the same period.
BUDGET
UPDATE
CAO
Whiteman discusses the $12 billion judgment against Phillip Morris and the fact
they are not paying the state for their share of the sales tax settlement,
consequently the state will probably not pay the counties.
CAO
Whiteman states the county departments are preparing their budgets and have
been asked to also prepare a 10% reduction budget.
INFORMATION
FOR THE BOARD
CAO Whiteman announces the county picnic is
tentatively planned for May 30th.
Supervisor Chapman and Supervisor Dahle will be gone and Chairman
Chapman asks the CAO to consider looking for another date.
HIPAA
PRESENTATION
Virginia
Lemke makes a presentation on the Health Insurance Portability and
Accountability Act (HIPAA).
There
being no further business, the meeting is adjourned at 12:12 p.m.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD