BOARD OF SUPERVISORS

 

                                                                              MAY 23, 2006

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:03 a.m.  Chairman Pyle 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 9:05 a.m. to discuss:   

 

Conference with Labor Negotiator John Ketelsen:  May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA),  b)  United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Mid-Management, e) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), and f) Management.

 

AS LRA:  Conference with real property negotiator: a)   Location - Herlong APNs: #139-16-70 and 72; b)  Negotiator - John Ketelsen; c)  Subject - price and terms of transfer from LRA to Scenic Mountain Development.

 

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, and Brian Dahle; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, Personnel Director Ron Vossler, Community Development Director Robert Sorvaag, Assistant Community Development Director Bertotti and County Clerk Theresa Nagel.  Supervisor Hanson is absent.  Supervisor Chapman enters at 9:06 a.m.  Robert Sorvaag and Joe Bertotti depart at 9:15 a.m. Closed Session is recessed at 9:32 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, May 23, 2006, at 9:40 a.m.   Present:  Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, and Brian Dahle; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and County Clerk Theresa Nagel.  Supervisor Hanson is absent.  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:

 

AS LRA:  Conference with real property negotiator: a)   Location - Herlong APNs: #139-16-70 and 72; b)  Negotiator - John Ketelsen; c)  Subject - price and terms of transfer from LRA to Scenic Mountain Development - no reportable action taken.

 

Conference with Labor Negotiator John Ketelsen:  May include the following bargaining units - a) Lassen County Peace Officers Assn. (LCPOA),  b)  United Public Employees of California (UPEC) c) Lassen County Road Workers Assn. (LCRWA), d) Mid-Management, e) Lassen County Peace Officers Assn. Management Unit (LCPOAMU), and f) Management - no reportable action taken.

 

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

CAO Ketelsen notes some reports will be presented at public comment - Ron Vossler, ethics training; Kevin Mannel, Health and Social Services update; Ken Smith, mosquito spraying.

 

It is moved by Supervisor Keefer, seconded by Supervisor Dahle and carried to approve the agenda as posted.

 

PUBLIC COMMENT

1.         Kimberli Pipes speaks about federal investigations relating to the firing of her husband and child molesting allegations.  Names a local doctor for poisoning her husband; states Health and Social Services has to be cleaned up; states everyone responsible will be held accountable; continues with threats of paybacks for screwing with her family and names many persons in county employment.

2.         Jack Pastor addresses the mosquito abatement plan stating he believes no one is against abatement, but he has concerns about the chemicals that are planned for use.  States these are toxic, but there are other effective chemicals that are not toxic.  He asks the Board to direct the Agriculture Commissioner to look into non-toxic chemicals to preserve our pristine air quality.

3.         Betty Hoffman addresses the toxic mold issue and distributes pictures.  States these dangerous buildings should be red-tagged.  Chairman Pyle suggests she work with her Supervisor, Mr. Chapman, who will try to help her through the bureaucratic processes.

4.         Lisa Liband asks about the status of the meeting of agencies relating to the formation of a JPA for a Recreation District.  CAO Ketelsen responds a group meeting of the entities will be held the week of May 22nd to discuss forming a Joint Powers Authority (JPA).  Ms. Liband asks about the status of the tax ordinance and board members respond it will be held until the JPA is formed and discussions are held on how to proceed.  Ms. Liband asks if research has been done on the availability of obtaining grants. The CAO responds not to his knowledge.

5.         Joelle Porter is very concerned about the mosquito spraying and speaks of her difficulties in getting pregnant - has real concerns for her unborn baby.  Encourages the Board to seek more natural ways of abatement.

6.         Michelle Pico expresses her concerns about the mosquito spraying; encourages looking at alternative methods and addressing precautionary measures.

7.         Marlene Schmidt speaks about the mosquito spraying performed at Eagle Lake last year by a private Nevada resident and states several people became ill.  She asks if there are any cases of West Nile Virus (WNV) in our county and asks why we are spraying.  Feels more people are getting ill from the spraying than from WNV.

8.         Mary Beth Maire has been battling cancer and speaks of the chemicals overloading the liver and when the liver breaks down it cannot clean the system and this can lead to cancer.

9.         Agriculture Commissioner Ken Smith presents information on the integrated mosquito control program elements relating to:

Prevention - repairing window screens and removing standing water.

Pre-treatment - survey for dead bird species; sampling of standing water; trapping of adult mosquitos; public notification before spraying; ability for public to request spraying be shut-off in front of their property.

Treatment - for WNV and other disease species only, not nuisance species; no aerial treatment; storm drains with time release briquettes; standing water with pellets, other larvacides or use of mosquito fish; residential areas - fogging with adulticides after notice and during night time hours at the lowest effective rates.

Post treatment - sampling of standing water to determine species and numbers; trapping of adults to determine species and numbers. (Supervisor Chapman absent 10:25 - 10:27 a.m.)

 

In regard to the use of alternative treatments, Ken Smith states that materials cannot be used unless they are approved for use in California and materials are only approved after much testing.  The materials he will use are used by hundreds and hundreds of vector control agencies in California.  In regard to the incident at Eagle Lake, there were no doctor's visits or official reports of illness and the person that sprayed for mosquitos was fined $500. 

10.       California Department of Health Services Mosquito Technical Advisor Tim Howard responds to a question regarding how domestic animals will be affected by the spraying by stating that flea and tick sprays are much more toxic than the chemicals used for mosquitos and these are sprayed directly on the animals.  In regard to suggestions for use of garlic or orange oils these do not have either state of federal approval for use. He states there are no significant health issues in regard to mosquito spraying, but WNV is a much bigger risk to humans.  He states larva control will be the focus and the last process used will be adult mosquito control - will depend on the number of WNV mosquitos detected.

 

Supervisor Keefer recommends this matter be placed on the June 13th agenda as no action can be taken today since the matter is not on the agenda.  (CAO Ketelsen is not present 10:45 - 10:47 a.m.)

 

Ken Smith asks everyone to distribute the information that he has provided entitled "Fight the Bite! Property Maintenance Checklist".

 

Supervisor Pyle notes that his brother treated many horses with WNV last year.  He does not want a family to lose someone to WNV and ask why the county did not do anything.

11.       Personnel Director Ron Vossler informs the board members that Ethics in Government Training is tentatively scheduled for September 26th in the afternoon with a follow-up session on September 28th.

12.       Deputy CAO for Health and Social Services Kevin Mannel distributes and briefly explains materials on Family and Children Protective Services.

13.       Poet Laureate Violet Stout reads a poem entitle "Broken Faith" for Memorial Day.

 

RISK MANAGEMENT SAFETY AWARD

Chairman Pyle presents the 2005 Employee Safety Award to Daron Horsley after Commander John Mineau reads his nomination.

 

COMMUNITY DEVELOPMENT - ADAIR BROWN PROPERTY

It is moved by Supervisor Dahle and seconded by Supervisor Keefer to adopt Resolution No. 06-040, authorizing rescission of portions of Williamson Act Contract #AA-41 affected by Parcel Map Waiver #2006-019, Adair Brown, and execution of new contracts on the resulting parcels.  The property is located approximately 2 1/2 miles south of Standish.  APN(s):  119-370-25, 26 & 27.

 

County Counsel Craig Settlemire notes the effective date of the new contract should be January 1, 2007 rather than January 1, 2006 and notes the existing contract will remain in effect until the new contract effective date.

 

The motion and second amend the motion to include the effective date of January 1, 2007.  The motion carries.

 

PUBLIC HEARING - PUBLIC WORKS DEPARTMENT/ROAD DIVISION

The public hearing is opened at 11:06 a.m. to consider removing County Road 326, Milford Old Highway Road, from the County Maintained Road System.

 

Public Works Director Larry Millar presents the staff report.

 

Speaking in opposition to the removal:

Milford Fire Chief Jim West has concerns regarding the removal of Milford Old Highway Road from the County Maintained Road System because the road has been used four times in the last ten years as a detour due to fatal accidents on Highway 395.

 

Letters of opposition were received from:  William & Jeanetta Kiar; Plumas-Sierra Rural Electric Cooperative Right-of-Way Manager Brian West; Dana Dickman; Richard & Mary Morgan.

 

Speaking in favor of the removal:

Karen Humphrey wants the road removed and states it is a safety issue for their property and animals, and expresses her desire to close the road. 

 

The hearing is closed at 11:12 a.m.

 

Supervisor Dahle wants it to be known the road will not be closed, it will just not be maintained.  Supervisor Keefer understands the Humphreys want to eventually abandon the road and they have valid concerns.  But on the other side is the value of the road to the public.

 

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried unanimously, on a roll call vote, to deny the removal of Milford Old Highway Road from the County Maintained Road System.

 

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 May 16, 2006.

 

AGRICULTURAL COMMISSIONER ITEM

Approve and authorize the Chairman to sign a contract with the California Department of Food and Agriculture for Organic Foods Act enforcement and inspections for FY 2006/2007 in the amount of $500.00.

 

OFFICE OF EMERGENCY SERVICES ITEM

Ratify Declaration of State of Disaster - Flood/Emergency in Lassen County.

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.   Lassen County Alcohol & Drug Advisory Board meeting agenda for May 16, 2006.

b.   Lassen County Transportation Commission meeting agenda for May 25, 2006.

c.   Susanville City Council meeting agenda for May 17, 2006.

d.   Application for Alcoholic Beverage License - Chases Sierra Lanes, 2772 Main Street, Susanville.

 

COMMUNITY DEVELOPMENT DEPARTMENT - DYER MOUNTAIN

Assistant Community Development Director Bertotti provides an update and recommendations regarding processing of Dyer Mountain EIR #2001-35.

 

It is moved by Supervisor Keefer and seconded by Supervisor Dahle to: schedule joint Planning Commission/Board of Supervisors meeting for July 12, 2006, 9:30 a.m. at the Masonic Temple; and authorize contract with special counsel to review Recirculated Draft EIR (RDEIR), negotiate Development Agreement and assist in preparation of final EIR.

 

Supervisor Keefer hopes the county does everything possible to move this process forward as this has lingered for a long time.  Supervisor Pyle notes the developer asked for the recirculation of the EIR in regard to the traffic circulation plan and this delay was not due to county actions.

 

The motion carries.

 

HEALTH & SOCIAL SERVICES

Public Health Department Restructure:

It is moved by Supervisor Keefer, seconded by Supervisor Dahle and carried on a roll call vote, with Supervisor Chapman abstaining, to approve restructuring of the Public Health Department and establishing County positions to improve the delivery of services and efficiency and to support the Department.  Specific approval for the following actions is required:

 

Establish the five (5) positions of:

Director of Public Health Nursing (Range 32, Management); Senior Public Health Nurse (Range 29, Mid Management); Public Health Nurse (Range 27, UPEC) - 3 positions.

 

Establish and approve the job description for the three (3) positions of:

Director of Public Health Nursing (Range 32, Management); Senior Public Health Nurse (Range 29, Mid Management); Public Health Nurse (Range 27, UPEC) - 3 positions.

 

Authorize the direct hire of Public Health Nurses currently supporting Lassen County Public Health Department.

 

Authorize the Deputy County Administrative Officer for Health and Social Services to negotiate "Y" ratings for retention of existing Public Health Nurses.

 

Authorize the H&SS Chief Financial Officer and the Auditor to make the corresponding budgetary changes form the state contract to the county provided services.

 

Property Lease:

Kevin Mannel presents information on the proposed lease of property for the Drug and Alcohol Program.

 

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve lease of 1410-A & D Chestnut Street with Option to Purchase with E. Dale and Linda K. Soule d.b.a. Barry Creek Enterprises; and authorize the County Administrative Officer to sign the lease documentation.

 

COUNTY ADMINISTRATIVE OFFICE

November 2005 Special Election:

It is moved by Supervisor Dahle, seconded by Supervisor Keefer and carried to approve, and authorize the Chairman to sign, letters of support for state reimbursement of November 2005 election costs, with typographical corrections.

 

Eagle Lake Village Senior Living Community:

Supervisor Chapman has spoken with the Eagle Lake Village Senior Living Community representatives who have asked that no action be taken by the Board at this time in regard to State Licensing of the facility.

 

INFORMATION FOR THE BOARD

CAO Ketelsen announces a meeting is scheduled at 9:00 a.m. on Thursday regarding the formation of a JPA relating to a recreational facility.

 

CORRESPONDENCE

Information from Tom Esgate - Summary of Priority Conservation Projects in the Sierra Nevada Region, is received and filed.

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Chapman will not be attending the QUAD County Meeting tomorrow because of a conflict.

2.         Supervisor Keefer will participate in a special fire tour with the Sierra Nevada Conservancy on May 25th.

3.         Supervisor Dahle will be attending a regional meeting of the Sierra Nevada Conservancy in Alturas the evening of May 25th.

 

There being no further business, the meeting is adjourned at 11:40 a.m.

 

 

                                                                                    __________________________________________

                                                                                      CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD