BOARD OF SUPERVISORS

 

                             MARCH 12, 2002

 

                                        

The Lassen County Board of Supervisors convene in Regular Session at 9:02 a.m.  Chairman Dahle asks for public comment.

 

PUBLIC COMMENT

1.   Ed Hill feels the proposal to dissolve the Mental Health Advisory Board is unfair.

 

County Clerk Nagel announces the Closed Session item and the Board recesses to Closed Session at 9:04 a.m. for a conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: 1 case.    

 

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel Bill Murano, County Administrative Officer Andy Whiteman, Deputy County Counsel Craig Settlemire and County Clerk Theresa Nagel.  Supervisor Chapman is absent.  Closed Session is recessed at 9:40 a.m.

 

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, March 12, 2002, at 9:42 a.m.   Present:  Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel Bill Murano, County Administrative Officer (CAO) Andy Whiteman and County Clerk Theresa Nagel.  Following the flag salute, the invocation is offered by Supervisor McCain.

 

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with a conference with Legal Counsel:  Significant exposure to litigation pursuant to Subdivision (b) of Government Code section 54956.9: 1 case - no reportable action taken.   

 

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

CAO Whiteman requests that Item H-8, computer network plan presentation, be moved to the end of the meeting.  Supervisor Pyle requests the meeting be adjourned in memory of Merilyn Gibbs.

 

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

 

PUBLIC COMMENT

1.   Lea Christensen reads a statement relating to the Mental Health Advisory Board supporting the current board members and in opposition to the proposed "firing of them".

2.   Russell Lesko, representing Lake Almanor Habitat for Humanity, provides information on the activities of the group whose function is to build homes for low income families.  He states the Lake Almanor chapter is repairing and renovating homes and their first project is for an elderly couple in Westwood.  Families must perform sweat equity and pay for supplies/materials.

Volunteers perform the labor.  They expect to begin building homes at some future time.

3.   Melinda Visser states she is a member of the public and a former client of the Mental Health Department.  She states the issue of access to services is nothing new for this department.  She relates her experience in being referred to the Mental Health Department and not receiving a consultation until 5 1/2 months later.  She asks the board members to focus on the problems in the department in relation to the provision of services to the community.

4.   John Brooner states he has found that Mental Health patients and employees rights are being violated.  He states a special meeting was held last night to consider the item on the agenda today to reconstitute the Mental Health Advisory Board.  There were three members present and three absent.  Mr. Brooner distributes in written form and reads the action taken at the meeting by members John Brooner, Mace De Lorme and Mary Sue Gregg.  "Whereas, the members of the Mental Health Board of Lassen County serve at the pleasure of and appointment by the Lassen County Board of Supervisors, the Mental Health Board members present at this meeting, respectfully request Supervisor Keefer be replaced by another county supervisor to act as liaison between the Mental Health Board and the Lassen County Board of Supervisors.  His replacement is requested due to his opposiontional (sic) and confrontational attitude and negative public comments made without discussion or input by other board members."  Mr. Brooner continues with a lengthy statement relating to the work of the Mental Health Advisory Board and the issues that have led to the matter on the agenda today. 

 

Chairman Dahle reminds Mr. Brooner that he as spoken quite a period of time, under public comment, on a matter that is on the agenda and asks that he continue his comments when that item comes up.

 

LASSEN COUNTY ARTS COUNCIL

Executive Director Colleen Thorn states this is the 21st year of operation for the Lassen County Arts Council.  She provides an update on the activities of the council.

 

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to adopt Resolution No. 02-014, approving participation in the 2002-2003 State/Local Partnership Program and the local priorities of the California Arts Council, and authorizing execution of grant contracts with the California Arts Council. 

 

CONSENT CALENDAR

Requests for removal from the consent calendar for separate consideration are made:  County Counsel Bill Murano - Item G-1, minutes of February 26, 2002; Supervisor McCain - Item G-6, View Estates Subdivision and Item G-10d, Mental Health Board minutes of February 13, 2002.

 

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

        

ADMINISTRATIVE SERVICES - PURCHASE DIVISION ITEM

Approve the lease/purchase of one Sharp digital copy machine Model AR-336 from Scott Tanner Business Equipment; and authorize the Chairman to sign lease/purchase agreement #34847 underwritten by citicapital, (with a lease term of 5 years for a principal payment of $8,574.64, interest of $655.64, totaling $9,230.28) for the Treasurer/Tax Collector.

 

BOARD OF SUPERVISOR'S ITEM

Adopt a Proclamation declaring the month of March as "Red Cross Month".

         

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster / Emergency in Lassen

County.

 

PROBATION DEPARTMENT ITEM

Approve travel authorization request for Letha Martin and Robert Geffre to attend the mandated Standards and Training for Corrections (S.T.C.) CORE Training at Santa Rosa Jr. College March 3 through April 3, 2002, at the estimated cost of $4,100 per officer.

         

SHERIFF'S DEPARTMENT ITEM

Approve travel authorization request for four Correctional Officers to attend the mandated Basic Correctional Officer Core Course at Yuba College from April 8 through May 7, 2002, at an estimated total cost of $10,311.80.

         

COUNTY CLERK - ELECTIONS DIVISION ITEM

Receive and file Certification of March 5, 2002, Consolidated Gubernatorial Primary Election; and pursuant to Election Code Section 15400 declare all persons that were elected or nominated and the results of each measure voted on.

 

COUNTY COUNSEL ITEM

Approve and authorize Chairman to sign an agreement between the County of Lassen and the Westwood Chamber of Commerce for management, maintenance and custodial services for the Westwood Visitor Center.

         

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a.   Lassen County Alcohol & Drug Advisory Board meeting agenda for March 5, 2002, and minutes of January 29, 2002.

b.   Lassen County Planning Commission agenda for March 6, 2002.

c.   The Lassen County Transportation Commission agenda for March 11, 2002, and late agenda for March 11, 2002 meeting.

e.   Lassen County Fair Advisory Board agenda for March 12, 2002.

 

BOARD OF SUPERVISOR'S MINUTES

County Counsel Bill Murano points out the reference to Health and Safety Code should be Welfare and Institutions Code in the minutes of February 26, 2002, on pages HH-20 and HH-21.

 

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to approve minutes of February 26, 2002 with the noted correction.

 

PUBLIC WORKS DEPARTMENT - SURVEYOR DIVISION

Supervisor McCain needs to know who the owner/subdivider is for View Estates in order to determine if he has a conflict of interest.  County Clerk Nagel provides the subdivision map for his inspection and it is determined that Pete Vossler is the owner.

 

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to adopt Resolution No. 02-013, approving Subdivision Map #2000-3, View Estates.

 

Chairman Dahle directs staff to include the owners name on future subdivision map approval requests.

    

MISCELLANEOUS CORRESPONDENCE

Supervisor McCain notes the Lassen County Mental Health Board minutes of February 13, 2002, (page 2) lists contract approvals.  He states the (MHAB) only has authority to recommend approval.  The Lassen County Mental Health Board meeting agenda for March 12, 2002, and draft minutes of February 13, 2002 and February 20, 2002, are received and filed.

 

LASSEN COUNTY FAIR BOARD

The Board of Supervisors recess and convene as the Lassen County Fair Board.

 

1.   Fair Manager Claud Neely informs the board members that he is still looking for funding sources to cover the North Arena.  He feels if it were covered there would be activities scheduled every weekend and possibly during the week.  He also wants to move the horse barns further north for better utilization.  He asks the Board to authorize the Community Development Department to assist in seeking grant funding.  He also reports on the

on-going problem of dust blowing across the main parking lot into the adjoining mobile home park.  He has purchased slats to insert in the fence between the parking lot and mobile home park and will be receiving State funding to either chip-seal or pave the lot.

 

2.   Mr. Neely requests a contribution of $3,500 for the July 4th Celebration to be held at the Lassen County Fairgrounds.

 

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to approve a contribution of $3,500 from Non-Departmental Budget.

 

The Lassen County Fair Board adjourns and the Board of Supervisors reconvene.

 

LASSEN COUNTY FISH AND GAME COMMITTEE

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to appoint Rob Hill to fill a vacancy on the Lassen County Fish and Game Commission for District Three.

 

IN HOME SUPPORTIVE SERVICES ADVISORY BOARD

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to appoint Joyce Green, Frances (Sue) Owens, Patti Ann Meadows, Chuck Garner and LaNell M. Goforth, to fill vacancies on the In Home Supportive services Advisory Board.

 

LASSEN COUNTY BOARD OF LAW LIBRARY TRUSTEES

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to appoint Eugene Chittock and Dawson Arnold to fill vacancies on the Lassen County Board of Law Library Trustees.   

 

LASSEN COUNTY MENTAL HEALTH ADVISORY BOARD

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to accept a letter from Phillip Parry submitting his resignation from the Lassen County Mental Health Advisory Board.

 

LOCAL REUSE AUTHORITY

The Board of Supervisors recess and convene as the Local Reuse Authority.

 

It is moved by Supervisor McCain, seconded by Supervisor Pyle and carried to approve and authorize the CAO to sign a letter of support for the Herlong Utilities Cooperative to apply to the Economic Development Administration for water and wastewater facilities construction grant funding.

 

The Local Reuse Authority adjourns and the Board of Supervisors reconvene.

 

Recess 10:34 - 10:38 a.m.

 

MENTAL HEALTH ADVISORY BOARD

John Brooner continues his statements begun under public comment.  He gives examples of mental health service (access) problems.  He makes the statement that the Board of Supervisors made them an advisory board so they do not have to follow the Brown Act any longer.  County Counsel Bill Murano immediately responds this is not correct and they must follow the Brown Act.  Mr. Brooner wants the Board to look at the flow of money because he feels it is going to buildings, salaries, etc. instead of providing services.

 

Supervisor Keefer states the issue before the Board is not the performance of the Mental Health Department but the performance of the Mental Health Advisory Board (MHAB).  He states that he has been very open with his concerns over the past several months.  He feels the current MHAB is not complying with their mandates and are not capable of doing so.  He also expresses his concern over possible liability issues because of some actions of the MHAB.  He notes the special meeting held last night was conducted without a quorum and he also notes that he never received the required

24-hour written notice of the meeting.  Supervisor Keefer proposes the Mental Health Advisory Board be reconstituted by removing all existing board appointees and directing the County Clerk to advertise for vacancies.

 

It is moved by Supervisor Keefer and seconded by Supervisor Pyle to remove all existing Mental Health Advisory Board appointees; and direct the County Clerk to advertise the vacancies.

 

Supervisor Chapman states that he is distressed with the situation the Board of Supervisors is in.  He hoped the MHAB would be a part of the solution for the department but they have become a part of the problem.

 

Discussion is held on the need to be sure the new MHAB is well educated on the Brown Act and what their duties and functions are.  Supervisor McCain feels the performance of the Mental Health Department is the issue.  He feels the Board representative on the MHAB (Lloyd Keefer) should have provided the guidance needed by the MHAB and states this has not happened, instead it has become adversarial.  He states that "it takes two to fight" and he blames Mr. Keefer for the adversarial situation.  He states the department and Mr. Keefer have stifled the MHAB.

 

The motion carries on a roll call vote, with Supervisor McCain voting NO.

 

BOARD OF SUPERVISORS

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to authorize the creation of an Emergency Medical Care Committee (EMCC) to begin the task of developing the policy guidelines for Lassen County ambulance services. 

 

Suggested members of council: Board of Supervisors - one member;  Susanville City Council - one member;  Lassen County Fire Department - Susanville Fire Chief and one other member;  Lassen County Sheriff - one member; Emergency Services Chief - one member; Hospital - one member; Physician - one member;  California Highway Patrol Commander - one member; Public Consumer -two members.

 

Chairman Dahle appoints Supervisor Pyle to be the Board of Supervisor's representative and the CAO.

 

COUNTY CLERK

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried, with Supervisor Dahle abstaining, to approve the minutes of the Board of Supervisor's Special Meeting of February 27, 2002.

         

COUNTY COUNSEL

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried unanimously, on a roll call vote, to introduce, by title only, Ordinance No. 548, repealing Chapter 2.32 - Defense Council; Chapter 5.08 - Cabarets and Dance Hall; Chapter 10.16 - Bridge Speed and Weight Limits; Chapter 10.28 - Parking; Chapter 10.40 - Bicycle Registration of the Lassen County Code.

 

It is moved by Supervisor McCain, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to introduce, by title only, Ordinance No. 549, amending Chapter 10, Vehicles and Traffic, of the Lassen County Code, deleting Section 10.12.040, Maximum Tonnage--Unimproved Highway.

         

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried unanimously, on a roll call vote, to introduce, by title only, Ordinance No. 547, amending Chapter 9.20 (Trash Dumping along Highways) of the Lassen County Code, adding "Section 9.02.030 Reward.  A reward of two thousand dollars ($2,000) shall be paid by the County to any person furnishing information leading to the apprehension and conviction of any person violating this Chapter."

           

ADMINISTRATIVE SERVICES

1.   It is moved by Supervisor Pyle, seconded by Supervisor McCain and carried to approve the contract with TRG/LRS Consulting for Architectural and Contract Administration services for the Sheriff's Administration building; and authorize the County Administrative Officer to sign the contract.

 

2.   Chairman Dahle appoints himself and Supervisor Chapman to meet with judges and county staff on the conceptual design of administration/court complex.

         

ADMINISTRATIVE SERVICES - PERSONNEL DIVISION

It is moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to authorize the recruitment and hiring of an Account Technician position (No. 2125) for the Child Support Division at Range 15 as previously approved in the 2001/02 budget.

 

It is moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to authorize the recruitment and hiring of one Technical Support Specialist I/II (Position No. 2126) for Child Support Services at Range 17/19 as previously approved in the budget.

 

COUNTY COUNSEL

It is moved by Supervisor Keefer and seconded by Supervisor Pyle to adopt Resolution No. 02-015, authorizing the County Administrative Officer to approve contracts between Lassen County Health and Human Services Agencies and service providers.

 

Supervisor McCain wants to limit the type of contracts the CAO has authorization to sign.  Supervisor Chapman presents a strong argument for authorizing the CAO to sign all contracts.  He feels the disagreements about contracts that occur between board members, on a regular basis, are a deliberate distraction from the real issues that need to be resolved in the Mental Health Department.

 

The motion carries with Supervisor McCain voting NO.

 

INFORMATION FOR THE BOARD

1.   CAO Whiteman informs the board members there are four good candidates for County Counsel and he needs direction on how the Board wishes to conduct interviews.  Board consensus is to hold a special open session meeting.

2.   CAO Whiteman announces a representative from the Fish and Wildlife Service will be at the March 26th meeting to discuss the Wandering Skipper.  Supervisor Dahle notes the Farm Bureau is holding a meeting on March 20th in the Board of Supervisor's Chambers to discuss the same subject.

3.   CAO Whiteman announces that the employees are arranging a county picnic for May 31st between 11:30 a.m. and 1:30 p.m. and would like the board members to attend.  Supervisor Chapman will arrange for board members to purchase the hamburgers.

4.   CAO Whiteman announces a retreat for County Department Heads is scheduled for all day on April 26th.

    

LEGISLATION

Supervisor Chapman requests the board members consider adopting a resolution in support of AB 1945, an act to add Section 54963 to the Government Code, relating to open meetings; closed session: confidential information.  He will be offering to testify in favor of this legislation.  He states we are presently operating under two sets of rules, with some keeping closed session discussion confidential and others not doing so.

 

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to go on record supporting AB 1945, with direction to staff to notify RCRC, CSAC, our legislative representatives and the author of the bill; and to forward to the author suggestions for changes as proposed by County Counsel Bill Murano.

 

UNAGENDIZED BOARD REPORTS

1.   Supervisor Chapman reports he will be attending the CSAC Legislative meeting next week.

2.   Supervisor Chapman announces the Fishing Derby will be held on April 20th and asks that an item be placed on a future agenda acknowledging that Lassen County provides insurance coverage for the event.

3.   Supervisor Chapman announces that tomorrow is Isaac Roop's 103rd Birthday and asks that the meeting today be adjourned in honor of Isaac Roop.

4.   Supervisor Pyle announces that CalTrans will be rehabilitating the next half of Highway 44 and they do not intend to fence along the highway.  He will be bringing an item to a future meeting to address this.

5.   Supervisor Pyle reports on the closing of Fred's Road at Spalding Tract as a mitigation measure relating to the sewer facility and what the Fish and Wildlife service has offered in exchange for the closing.

6.   Supervisor Pyle reports on his attendance at Juvenile Committee meeting.

7.   Supervisor Keefer reports on his attendance at the PSA II-Area Agency on Aging, stating it was a real eye-opener.

8.   Supervisor Keefer reports on his attendance at the dinner for Robert Taylor upon his retirement from the California Department of Forestry.

9.   Supervisor Keefer reports on the Norcal Conference.

10.  Supervisor Keefer attended the Fire Safe Council meeting and makes a report.

11.  Supervisor Dahle reports on his trip to Washington, D.C. which was funded by RCRC.  He lists the items addressed and who he met with.

 

ADMINISTRATIVE SERVICES - INFORMATION SERVICES

Chris Beard and Richard Hunrath make a presentation on the county computer network plan.

         

Supervisor Chapman compliments them on the work performed so far, stating he is impressed.  He states it is essential as work progresses to maintain good communication with all departments affected.

 

ADJOURNMENT IN MEMORY

There being no further business, the meeting is adjourned at 12:16 p.m. in memory of Westwood businesswoman and community supporter Merilyn Gibbs, and Isaac Roop's 103rd birthday.

 

 

 

                                __________________________________________

                                  CHAIRMAN OF THE BOARD OF SUPERVISORS

 

ATTEST:

 

_______________________________________

THERESA NAGEL, CLERK OF THE BOARD