BOARD OF SUPERVISORS

 

                                                                                MAY 8, 2007

 

                                        

The Lassen County Board of Supervisors convenes in Regular Session at 9:18 a.m.  Vice-Chairman Hanson asks for public comment and no comments are received.  Deputy County Clerk Osgood announces the Closed Session items and the Board recesses to Closed Session at 9:18 a.m. to discuss:  Claims:  Claim of Wendy Dillon/State Farm Insurance presented July 20, 2006 and Claims of Allona Egyed presented February 23, 2007 and Jason Egyed presented March 26, 2007.

 

Present in the Closed Session are Supervisors Jack Hanson, Bob Pyle and Lloyd Keefer; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen and Deputy County Clerk Susan Osgood.   Supervisor Chapman arrives at 9:19 a.m.  Supervisor Dahle is absent. Closed Session is recessed at 9:25 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, May 8, 2007, at 9:30 a.m. Present:  Supervisors Jack Hanson, Robert Pyle, Jim Chapman and Lloyd Keefer; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and Deputy County Clerk Susan Osgood.  Supervisor Dahle is absent.  Following the flag salute, the invocation is offered by Supervisor Keefer.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

Deputy County Clerk Osgood announces the Closed Session dealt with discussion on Claims:  Claim of Wendy Dillon/State Farm Insurance presented July 20, 2006 – No action taken.  Claims of Allona Egyed presented February 23, 2007 and Jason Egyed presented March 26, 2007 – The Board rejected both Egyed claims and directs that notice be sent to the Claimants.

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

CAO Ketelsen reports that Item H6 will need to be convened as the Local Reuse Authority.  Vice-Chairman Hanson requests the meeting be adjourned in memory of Jim and Nancy Slosson.

 

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve the agenda with the noted changes.

 

PUBLIC COMMENT

Morris “Jim” Ward presents a letter to the Board requesting more staff for the Health Department so eating establishments can be checked more than twice a year.  Supervisor Pyle suggests forwarding the letter to Public Health; CAO Ketelsen states he will follow up on the matter.

 

Honey Lake Motocross Park (HLMP) owner Larry Wosick presents information to the Board regarding the detrimental effect the current sound monitoring contract has on their facility.  He states that while two sound monitoring companies are basically the same, and both are approved by the National Noise Standards, the difference in price could be approximately $1700 for one company and the other could cost $7500 for a weekend.  Mr. Wosick states that in 2004 he was led to believe that the County would file a motion to get clarification on the Judge’s ruling pertaining to the scope of the monitoring.  He presents detailed information regarding the problems that have arisen over noise monitoring.  Mr. Wosick requests the Board approve the current contract through May but give the responsibility of noise monitoring back to the Wosicks after the June events.

 

HLMP owner Lise Wosick also requests the Board give the monitoring responsibility back to them to avoid over-testing.  She states that there have been times when two or three consultants were at races that were not big events.

 

Supervisor Pyle states that he agrees the noise monitoring costs are too high and would not have a problem revisiting the issue.  Vice-Chairman Hanson states further discussion will be held when the agenda item is heard.

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Chapman states he received a letter from the Division of Adult Institutions regarding CCF facilities and asks Sheriff Steve Warren about it.  Sheriff Warren reports the letter was sent in error and the Division of Adult Institutions is aware of it.

2.         Supervisor Chapman attended a NoRTEC  (Northern Rural Training and Employment Consortium) meeting April 26.  It was a routine meeting but there are some increases in funding streams coming into the region for job training efforts. 

3.         Supervisor Chapman states he has been on Citizens Advisory Committee on prisons for several years as community liaison and he would like to have an item on the next agenda to appoint Jack Hanson in his place.  The next CAC meeting will be held May 21.

4.         Supervisor Keefer reports he attended the Sierra Nevada Conservancy field tour and it was very good.  Tom Esgate reported on the Fire Safe Council projects; some projects around Susanville were looked at as well as Lassen Land and Trails Trust, part of the Bizz Johnson Trail and a short tour of the Susanville Ranch Park. 

5.                  Supervisor Pyle attended Children and Families First Commission meeting which was mostly about housekeeping issues.  He states there is concern regarding Senator Dave Cox’s bill that could affect The First 5 Commission.   Discussion is held.

6.                  Supervisor Hanson reports that Sierra Pacific Industries unveiled their Susanville River Walk on May 2; suggests the City and County begin negotiating some sort of master agreement on revenue sharing.  Supervisor Chapman gives the history on revenue sharing between Lassen County and the City of Susanville.

7.         Supervisor Hanson reports there have been continued meetings on the Modoc line.  County staff met with Sierra Nevada Conservancy Executive Officer Jim Branham; there are a few areas of concern but it continues to move along. 

            8.        Supervisor Hanson reports that the Susanville Indian Rancheria is representing their properties in the Herlong area trying to play a key role in providing clean water to the community.  They are trying to get some funds appropriated from Congressman Doolittle.  Supervisor Hanson has agreed to send a letter inviting Congressman Doolittle to visit the area.

9.         Supervisor Hanson reports that the Honey Lake Valley Resource Conservation District meeting is on the May 16, at 6:00 p.m.  They will be meeting with Bill Bennett who has a firm that is interested in providing water master service. 

 

SIERRA ARMY DEPOT

Sierra Army Depot Public Affairs Officer Lori McDonald invites the Board of Supervisors to meet for a tour of the Depot and briefing on May 22.

 

Ms. McDonald explains the current mission of the Depot, which is the receiving, storage and redistribution of stocks that come back from the Afghan Theatre and light maintenance of equipment.  She states that Lt. Col. Brian Butler, Commander of Sierra Army Depot is transitioning out on July 26 and Deputy Commander Vince Sabatino is retiring after 40 years on June 23.   Discussion is held regarding specifics of the tour.   

CONSENT CALENDAR
Agenda Item G3 - Amendment to contract with Wilson, Ihrig and Associates regarding
Honey Lake Motocross Park is pulled for separate discussion.


It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to take the noted action on the following Consent Calendar items:

COUNTY CLERK ITEM - MINUTES

Approve Minutes of April 10, 2007 and April 17, 2007.

 

AUDITOR & TREASURER DEPARTMENTS ITEM - REPORT

Receive and file Treasurer's Fund Balance Report and Auditor's verification for the month of March, 2007.

HEALTH & SOCIAL SERVICES ITEM - ALCOHOL AND DRUG DIVISION

Approve the Three Year State Net Negotiated Agreement for Alcohol and Drug Programs covering FY 2007/2008 through FY 2008/2010, and authorize the County Administrative Officer to sign.

PUBLIC WORKS DEPARTMENT ITEM - MAINTAINED MILEAGE

Adopt Resolution No. 07-022 certifying County Maintained Mileage for 2007.

sheriff’s department - TRAVEL

Approve travel authorization request for two Lassen County Correctional Officers to the Peace Officers Standards and Training (POST) Basic Law Enforcement Academy in Chico, from June 25 - November 30 2007, at the estimated cost of $22,788.  This training will give the officers the minimum training qualifications for the position of Deputy Sheriff.

TREASURER/TAX COLLECTOR ITEMS
DELEGATION OF AUTHORITY TO INVEST

Adopt Resolution No. 07-023 renewing the Delegation of Authority to Invest and Reinvest Funds of the County and Funds of other Depositors in the County Treasury.

INVESTMENT POLICY

Approve Lassen County Investment Policy for FY 2007/2008.

REPORT

Receive and file Treasurer's Investment Report for March 2007.

MISCELLANEOUS CORRESPONDENCE ITEMS
Receive and file the following correspondence:

a.    PSA 2 Area Agency on Aging notice of Public Hearings April 30, 2007 at the PSA 2 AAA Office, 208 W. Center St., Yreka, CA.

b.   Lassen County Planning Commission amended meeting agenda for May 2, 2007.

c.   Susanville City Council meeting agendas for April 25, 2007 and May 2, 2007.

d.   Lassen County Technical Advisory Committee meeting agenda for May 9, 2007.

 

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

The agenda item for discussion is:  Use Permit #2002-017, Wosick:  Amendment to contract with Wilson, Ihrig and Associates extending the "Term of Contract" for noise monitoring services for the Honey Lake Motocross Park 2007 season. The original contract was approved through the end of April. 

           

County Counsel Settlemire presents information on the court’s judgment regarding noise monitoring and subsequent problems regarding the monitoring of Honey Lake Motocross Park (HLMP).  He states that originally the Wosicks arranged for consultants Brown Buntin Associates to do the monitoring.   Mr. Settlemire advised the Wosick’s attorney Mr. Kenny that Brown Buntin was not a good choice because the judgment set forth that the Wosicks would not operate without noise monitoring by Lassen County, by consultant Mr. Pettijohn or someone with the qualifications equal to Mr. Pettijohn.  At that time monitoring was only being done on one day of a racing weekend and Mr. Kenny was advised by Mr. Settlemire that monitoring on only one day was not satisfactory and also that the County was not receiving monitoring results.  Mr. Settlemire states he was concerned as to whether or not the County was meeting its obligations regarding noise monitoring.  He details other problems regarding compliance and the attempt by Mr. Simon of Community Development to find other experts to do the monitoring.  A contract with Wilson, Ihrig and Associates was eventually entered into for noise monitoring.  Mr. Settlemire states that information had been sent to Mr. Kenny as is appropriate.  Mr. Settlemire states that the contract being considered would meet the County’s requirements under the court order and suggests the Board approve it; feels the previous attempt to allow the operators of the track to handle the monitoring was not satisfactory because it did not comply with the court order. 

 

Supervisor Pyle asks if the compliance issue was corrected could an agreement be made between the County and the Wosicks that would satisfy the court order but would not be so costly.

 

CAO Ketelsen states that the issue of the permit came before the Board, as the legislative body entertaining the request for expanded permit.  As a legislative body the Board gave the Wosicks what they wanted, against legal advice.  The matter then went to court with three parties involved:  the surrounding landowners, the County and the Wosicks.  The matter was taken out of the Board’s hands; the Board did everything they could do.  Mr. Ketelsen states that the Board does not have the jurisdiction to change the court order and if it went back to court to clarify it, it would be litigation between the three parties.   Bringing the matter back to the Board is the wrong forum; it must be brought to the court.

 

Supervisor Chapman recounts the history of this issue and states it is part of the reason for his attitude towards staff, particularly in the planning area, in recent years.  Staff thought the judge would remand back to the county to have an EIR prepared.  Mr. Chapman feels evidence provided regarding ambient background noise from the highway exceeded whatever noise would be generated by activity at the proposed site as indicated by reports and county noise element.  The judge felt the Board’s decision was sound and did not require an EIR.  Supervisor Chapman recalls County Counsel reporting the same information as today and feels CAO Ketelsen and County Counsel Settlemire have been working hard to try to resolve the issue.  Does not believe the sound monitoring was meant to be in perpetuity but the burden to lift the monitoring requirement lies to the permit holder and the County’s job is to assist them.  He believes that in 2004 it was presented that Mr. Settlemire would work with Mr. Kenny to accomplish that.  He states that if the Wosicks are able to demonstrate that the court order is going to be obliged then the County should let them do the monitoring.  Supervisor Keefer agrees that it is the Wosick’s responsibility to go back to court and that it is something that should have been done a long time ago.  He also feels the price of monitoring seems high but the court ordered the County to do the monitoring and the County has to abide by that.  Extensive discussion is held.

 

Lise Wosick states the next scheduled events are small ones and requests the Supervisors stipulate that only one sound technician be required, monitoring one day at the Morgan’s and one day at the Fuller’s.  Supervisor Keefer states that interpreting the court order is a technical problem and he does not know what the judge intended.  Supervisor Hanson states he is not comfortable in suggesting exactly how the monitoring should be done and would continue to turn the decision over to staff.  Community Development Director Conrad Montgomery states he is not an expert in sound but recommends he be given the opportunity to work with the applicant and come up with a design that will work and that will be in accordance to what the court ordered.  Further discussion is held.

 

Supervisor Keefer states that he is hearing some of his colleagues say that an agreement needs to be worked out with the Wosicks but that the monitoring must continue; it is suggested by County Counsel that there will be communication with the Wosicks regarding what type of event is planned, what is going on, how many monitors would be needed.  CAO Ketelsen states he believes the contract has a short cancellation period so if there is something else worked out the contract could be canceled.  

 

It is moved by Supervisor Pyle to approve the amendment to the contract with Wilson, Ihrig and Associates extending the “Term of the Contract” for noise monitoring services for the Honey Lake Motocross Park  through June 30 unless some other agreement can be made prior to that, and authorize the CAO to sign. The motion is seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor Chapman voting NO and Supervisor Dahle absent. 

NORTHWEST LASSEN FIRE PROTECTION DISTRICT
It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to appoint Dave Sellars to the Northwest Lassen Fire Protection District.

COUNTY CLERK - BUDGET

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a roll call vote, with Supervisor Dahle absent, to increase the 2006/2007 Elections Department budget to include revenue (#100-0392-2006200 State-Other) by $80,000 and expenditures (#100-0392-3006200 Fixed Assets-Equipment) by $80,000 for Phase II Voter Modernization Board (VMB) Funding Award for payment of AccuVote TSX voting equipment required for compliance with the Help America Vote Act (HAVA).  

ADMINISTRATIVE SERVICES - PERSONNEL

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried, with Supervisor Dahle absent, to establish the position of Administrative Assistant (Elections), Range 20, Mid-Management Association, in the Office of the County Clerk/Recorder without an increase in Full Time Equivalent authorizations.

AGRICULTURAL COMMISSIONER
PREDATORY ANIMAL CONTROL

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve the Annual Work Plan for Predatory Animal Control with United States Department of Agriculture (USDA) - Wildlife Services for FY 2007/2008 in the amount of $66,404, and authorize the Agriculture Commissioner to sign the Plan.

WEED SPRAYING

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to award the bid for 15 hours of helicopter weed spraying to Western Helicopter of Newberg, Oregon, in the amount of $8,250.

HEALTH & SOCIAL SERVICES - COMMUNITY SOCIAL SERVICES / LASSENWORKS

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve the Memorandum of Understanding with Northern Rural Training and Employment Consortium (NoRTEC) and authorize the County Administrative Officer to sign the agreement documentation.

COMMUNITY DEVELOPMENT DEPARTMENT – LOCAL REUSE AUTHORITY
(
Convene as Local Reuse Authority)

Chief of Economic Development Monica Cochran states that according to government code, bids submitted for lease of a cellular antenna tower must be opened by the Supervisors during this board meeting.  The Request For Proposal (RFP) was for the development of a cell tower on LRA owned property in Herlong.  One bid was received from Verizon Wireless/Complete Wireless Consulting, Inc. in response to Lassen County’s RFP.   The Supervisors open the bid.  Ms. Cochran states it appears the bid is responsive for the request, the proposal is for a 30 year lease with revenue stream over the life of the lease for $236,352.  No action is required.  Supervisor Hanson states this will be a very welcome addition to the community.

(Adjourn and reconvene as the Board of Supervisors)

INFORMATION FOR THE BOARD
CAO Ketelsen presents the Budget Committee minutes.  He states the department budget requests are being submitted and recommendations will be brought back to the Board.  He explains that the Sheriff has submitted his budget with some increases but that it has not yet been analyzed.  The Auditor’s budget also has a small request and will be reviewed.

Mr. Ketelsen reminds the Board that the Employee Recognition Committee barbeque will be held May 15 at Jensen Hall.

Mr. Pyle asks about the swimming pool JPA and Mr. Ketelsen replies that people are being polled in order to set up a joint meeting.

 

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 11:30 a.m. in memory of Jim and Nancy Slosson.

 

 

 

                                                                                    __________________________________________

                                                                                      CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

JULIE BUSTAMANTE, CLERK OF THE BOARD