BOARD OF SUPERVISORS

 

                                                                             JUNE 13, 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. for:  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.

 

Conference with real property negotiator:  a)  Location - Property located on Fairgrounds Road, Susanville, (A.P.N. 105-320-14);  b)  Negotiator -  CAO John Ketelsen;  c)  Subject - terms of acquisition.  Government Code Section 54956.8.

 

Conference with Legal Counsel:  Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9:  one case.    

 

Present in the Closed Session are Supervisors Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer John Ketelsen, Personnel Director Ron Vossler, Deputy County Counsel Traci Witry, Fair Manager Jim Wolcott and County Clerk Theresa Nagel.  Supervisor Chapman enters at 9:05 a.m.  Supervisor Pyle enters at 9:08 a.m. Fair Manager Jim Wolcott departs at 9:19 a.m.  Deputy CAO for Health and Social Services Kevin Mannel enters at 9:20 a.m.  Kevin Mannel and Traci Witry depart at 9:41 a.m.  Closed Session is recessed at 10:05 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, June 13, 2006, at 10:05 a.m.   Present:  Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen and County Clerk Theresa Nagel.  Following the flag salute, the invocation is offered by Supervisor Hanson.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with:

 

Conference with real property negotiator:  a)  Location - Property located on Fairgrounds Road, Susanville, (A.P.N. 105-320-14);  b)  Negotiator -  CAO John Ketelsen;  c)  Subject - terms of acquisition.  Government Code Section 54956.8 - no reportable action taken.

 

Conference with Legal Counsel:  Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9:  one case - 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

County Clerk Nagel announces that Item G-9, Armetta parcel map needs to be removed from the agenda.  Supervisor Chapman requests the meeting be adjourned in memory of Richard Staples and Roma Abbott.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to approve the agenda with the noted change.

 

PUBLIC COMMENT

Poet Laureate Violet Stout reads a thank you to voters and taxpayers poem.

 

PUBLIC HEARING - APPEAL HARLAN

Chairman Pyle announces the applicant withdrew his appeal of Parcel Map #2005-159, Harlan, Appeal of the Planning Commission requirement to obtain an encroachment permit from the Lassen County Road Department for access onto Sunnyside Road (CR #22) from Norvell Lane (Condition #6 of Resolution #5-04-06). 

 

AGRICULTURAL COMMISSIONER

Agriculture Commissioner Ken Smith presents and discusses information on the effects of West Nile Virus (WNV) and mosquito surveys.  He also reports on the surrounding counties experience with WNV.  Distributes and discusses public information and outreach efforts, along with mosquito control guidelines.  Distributes and extensively discusses the mosquito control materials intended for use in controlling mosquitoes.  Will have a heavy concentration on larvae control.

 

Supervisor Dahle states the public needs to know what to do if they find dead birds and Ken Smith states this part of the program along with the mosquito fish program are still being worked on.

 

Ken Smith reviews "Citizen Pre-Treatment Pesticide Risk Reduction Recommendations for home, property, children, pets". Reviews the Adulticide Treatment Decision Guidelines.  Also asks the Board to consider approving adulticide treatments before community events such as the County Fair.  Supervisor Dahle states his understanding is the adulticide spraying will only occur if the criteria set-forth are met and Ken Smith responds yes.

 

Ken Smith distributes more extensive materials on WNV and mosquito control pesticides.

 

Jack Haslem speaks of other diseases spread by mosquitoes and the benefits of mosquito control.  States that he has been treated for cancer and cannot say what caused the cancer.  He feels no one can say with scientific certainty what causes cancer.

 

Gale Stra reads information to indicate why mosquito spraying should not occur and is ineffective.

 

Katie Babich discusses her health problems caused by chemicals in the environment used by neighbors, and smoke from wood burning.  States that chemicals are toxic and not everyone experiences the same effects from exposure to chemicals.  Asks for non-chemical mosquito control.  She compares the use of chemicals to the use of antibiotics - they were a benefit to begin with and now have made diseases resistant.

 

Elizabeth Elam reads portions of an article that states WNV mosquito spraying causes more health problems than WNV.  She feels we really do not have a problem with WNV and it is only scare tactics.  States WNV is a mild disease unless it crosses the blood brain barrier. She distributes information entitled WNV Management Plans and states she is very uncomfortable with spraying of any kind of chemicals.

 

Donna Sargent feels there are better ways of controlling mosquitoes and we need to use the better treatments.  Asks why would we want to take any chances with health when there are better ways.

 

Michele Picco reads a letter from Joseph Morgan M.D. of Bay Clinic in Coos Bay, Oregon to the Coos County Health Officer regarding the implications of widespread application of insecticides mainly synthetic pyrethroids.   She does not want any adulticide spraying.

 

Marlene Schmidt speaks against the use of adulticides by reading an extensive statement.  She is very concerned about spraying at community events such as the county fair.  She submits a letter dated May 31, 2006 from Coos Bay Oregon physician Joseph Morgan relating to the August 13, 2005 mosquito spraying at Eagle Lake and how it affected her health.  She states she is a case history.

 

Paul Kociara states he was poisoned in the early 1990s by DEET and displays his skin conditions on legs and arms.  He states the chemicals that will be used for spraying are same as contained in DEET.

 

Loria Gervais feels the truth is pesticide symptoms are the same as WNV symptoms and she reads information on synthetic chemicals.  States spraying will break down the blood brain barrier which will allow WNV to affect people.

 

Ken Smith speaks of the safeguards and protocols that are designed to protect people.

 

California Department of Health Services Mosquito Technical Advisor Tim Howard clarifies how mosquito collection occurs and how testing works.  Explains how male and female mosquitoes are identified.  He states it is critical to report dead birds as soon as possible for testing.  States

WNV should not be taken lightly.  States that Ken Smith's program is designed with a good balance of the risks of WNV and spraying.

 

Robert Householder wonders about mosquitoes building up immunities to the spray.  He suggests waiting to see if anyone gets sick from WNV before spraying.

 

Marlene Schmidt reads a letter from Michele Davenport who is opposed to chemical spraying.

 

Supervisor Chapman is not impressed with chemical spraying.  He does feel a need to maximum the effort to make the community safer, short of chemical spraying. Wants to know what to do with dead birds.

 

Supervisor Keefer states we are in a tough position.  Refers to information provided by Ken Smith on the number of WNV cases and deaths that have occurred nationally and states he does not see this as a minor problem.  He is not in favor of someone becoming sick before doing something to control mosquitoes.  Feels the proposed program is good and that spraying would be the last step.  He is not in favor of spraying the fairgrounds unless the protocols are met.  He basically supports the protocol.

 

Supervisor Dahle states that Ken has put together a good program, but we need a better program for documenting dead birds.  Does not support spraying the fairgrounds just for nuisance mosquitoes and wants to hold off on the use of adulticides until we have WNV here.  Need a better system to let folks know about the program.

 

Supervisor Hanson states that California has among the most stringent regulations of herbicides and pesticides in the country.  Wants protocol in place prior to spraying at community events.

 

Supervisor Pyle does not want to wait until we have a fatality before we do something.  States the protocol set-forth requires the Board of Supervisors and City Council approval before community spraying occurs.  Does not want any fogging without prior approval of the Board upon a showing of need.

 

It is moved by Supervisor Keefer, seconded by Supervisor Hanson and carried on a roll call vote, with Supervisor Chapman and Supervisor Dahle voting NO, to adopt the Integrated Mosquito Control Program Treatment Protocol (IMCPTP) protocol; direct that adulticide chemical spraying requires Board of Supervisor approval; and direct staff to develop reporting protocol for dead birds.

 

PUBLIC HEARING - COMMUNITY DEVELOPMENT - BUILDING DIVISION

The public hearing is opened at 12:12 p.m. to consider Proposed Revision to Lassen County Building Code; Title 12 amending Section 12.24.060 "Fees".  County Counsel Craig Settlemire announces that staff has requested this hearing be cancelled until further notice.

 

PUBLIC HEARING - HEALTH AND SOCIAL SERVICES - MENTAL HEALTH DIVISION

The public hearing is opened at 12:13 p.m. to receive comments on transferring funds between Social Services, Public Health and Mental Health Realignment Trust accounts.

 

Chief Financial Officer Diane Wemple presents the staff report.

 

No one speaks in opposition to or in favor of the transfer of funds and the hearing is closed at 12:17 p.m.

 

It is moved by Supervisor Chapman, seconded by Supervisor Hanson and carried unanimously, on a roll call vote, to approve the transfer of $150,000 from the Public Health Realignment Trust (Fund 167-0731) to the Mental Health Realignment Trust (Fund 165-0751).

 

ALCOHOL AND DRUG ADVISORY BOARD

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried to accept letter from Emory Bowden resigning from the Alcohol and Drug Advisory Board, and direct County Clerk to advertise the vacancy.

 

CONSENT CALENDAR

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

 

COUNTY CLERK ITEM

Approve Minutes of May 23, 2006.

 

ADMINISTRATIVE SERVICES ITEM

Receive and file Personnel Movement report for April, 2006.

 

DISTRICT ATTORNEY ITEM

Adopt Resolution No. 06-041, approving the continuation of the District Attorney's Statutory Rape Vertical Prosecution Program to be funded from funds available through the State of California, administered by the Office of Emergency Services.

 

HEALTH & SOCIAL SERVICES - ALCOHOL AND OTHER DRUG DIVISION ITEM

Approve, and authorize the CAO to execute the program documentation for FY 2005/2006 Funding Amendment to State Net Negotiated Amount Agreement for Alcohol and Drug Program.

 

PROBATION DEPARTMENT ITEM

Approve agreement and authorize Chairman and the Clerk to the Board to sign Agreement with Bar-O-Boys Ranch for placement of Lassen County youth with a juvenile court commitment to a camp at a rate of $2,950 per month, per ward, for FY 2006/2007.

 

PUBLIC WORKS DEPARTMENT - ROAD DIVISION ITEMS

Authorize the purchase of a 1998 4x4 Dodge Ram 2500, 4-door extended cab pickup from the Bureau of Land Management in the amount of $6,000; and authorize the Director of Public Works to sign transfer documentation.

 

Approve Restructuring of Engineering Technician I/II (2202-B) position to Assistant/Associate Engineering position within the Road Department and the promotion of Jon Michaels.

 

Approve and authorize the Director of Public Works to sign agreement with C.B. Consulting for Professional Services for Skyline Road East, upon approval by County Counsel.

 

PUBLIC WORKS DEPARTMENT - SURVEYOR DIVISION ITEM

Adopt Resolution No. 06-042, approving parcel map #2006-19, Adair Brown.

 

PRISON TRIALS COST REIMBURSEMENT PROGRAM ITEMS

Receive and file Recaps of CCC Prison Trials Cost Reimbursement Billing and High Desert State Prison Trial Costs Billing for the months of July 2005 through April 2006 and recaps for the months of July 2005 through May 2006.

 

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.         Lassen County Air Pollution Control District Governing Board special meeting agenda for May 25, 2006.

b.         Applications for Alcoholic Beverage Licenses -  Wayside Inn, 718-710 Hwy 395 N. Suite B, Standish.

c.         Application for Alcoholic Beverage License - Winje Emporium, Main and Third Streets, NW Corner, Doyle.

d.         Local Agency Formation Commission (LAFCO) of Lassen County meeting agenda for June 12, 2006.

e.         Lassen County Technical Advisory Committee meeting agenda for June 14, 2006.

f.          Lassen County Planning Commission meeting agenda for June 7, 2006.

g.         Susanville City Council meeting agenda for June 7, 2006.

 

AUDITOR

It is moved by Supervisor Dahle and seconded by Supervisor Keefer to award a one-year contract to Bartig, Basler & Ray, CPAs, Inc. to perform the 2005/2006 annual county audits and transportation audits in the amount of $75,000 and $24,000 respectively.

 

Auditor Fouch notes that only one bid was received for the audit and she is recommending that only a one-year contract be approved.  Supervisor Chapman wants the record to show that Mr. Constantine of Bartic, Basler & Ray, CPAs, made an excellent report on last year's audit.

 

The motion carries.

 

COMMUNITY DEVELOPMENT DEPARTMENT

Community Development Director Robert Sorvaag presents a status report on the following:  1)   Bureau of Land Management, Carson City Field Office, Record of Decision for the Fish Springs Ranch portion of the North Valley's Right-of-Way Project Environmental Impact Statement; 2)  Recent Water Protests with the Nevada State Engineer (Redrock Valley Ranch, applicant); 3)  Lassen County Groundwater Management Plan.  Supervisor Keefer departs at 12:28 p.m.

 

 

HEALTH & SOCIAL SERVICES - PUBLIC HEALTH DIVISION

Diane Wemple presents information on the 15th Anniversary of the Ryan White CARE Act Grantee Conference and 9th Annual Clinical Conference Update in Washington, D.C. and requests approval to send a representative.

 

It is moved by Supervisor Dahle, seconded by Supervisor Chapman and carried, with Supervisor Keefer abssent, to approve sending a representative.

 

ALCOHOL AND OTHER DRUG DIVISION

Alcohol and Drug Program Deputy Director Michael Beard presents the Substance Abuse and Crime Prevention Act (SACPA) Plan and Proposed Budget for FY 2006/2007.

 

It is moved by Supervisor Dahle, seconded by Supervisor Hanson and carried, with Supervisor Keefer absent, to approve the SACPA Plan and Budget.

 

UNAGENDIZED BOARD REPORTS

1.         Supervisor Hanson briefly reports on the LAFCO meeting; designates $700 of his discretionary funds go to Ft. Sage School District for student body activities, specifically the Student Body Handbook.

2.         Supervisor Dahle makes the following designations from his discretionary funds:  $500 to Stones-Bengard CSD; $500 to Bieber Fire District; and $500 to Little Valley Fire District.

 

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 12:32 p.m. in memory of Richard Staples and Roma Abbott.

 

 

 

 

                                                                                    __________________________________________

                                                                                      CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD