BOARD OF
SUPERVISORS
JUNE
11, 2002
The
Lassen County Board of Supervisors convenes in Regular Session on Tuesday, June
11, 2002, at 9:30 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
Chairman
Dahle announces that no closed session was held.
AGENDA
APPROVAL, ADDITIONS AND/OR DELETIONS
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to approve
the agenda as posted.
PUBLIC
COMMENT
Poet
Laureate Violet Stout read a poem entitled "Ode to Jane" in memory of
Jane Feller.
UNAGENDIZED
BOARD REPORTS
1. Supervisor Chapman reports the visit by
Senator Feinstein's staff last week was very successful. He goes on to discuss the wilderness area
proposals, stating Feinstein's staff went back with lots of information.
2. Supervisor Chapman found out last week that
Kim Madson, a local student from Herlong, placed second in the AAA Traffic
Safety Poster Contest. There were 80,000
nationwide entries. He would like a
letter of congratulations sent to her.
3. Supervisor Chapman requests the meeting today
be adjourned in memory of Jane Feller and Peggy Sayers.
4. Supervisor Keefer reports on last weeks
Norcal meeting. Information was received
on a lawsuit by the Farm Bureau against California Conservation Board of Fish
and Game for not following CEQA.
5. Supervisor Dahle reports on his meeting with
Wally Herger, Jack Blackwell and Jeff Bryant to discuss the Big Valley
Sustained Yield Unit. Jack Blackwell
agreed to provide a Forest Service grant to fund the consultant position, with
the county providing matching funds. The
matching funds can come from Title III monies and Modoc County will be asked to
pay half of the matching amount.
Blackwell agreed to have action taken within 45 days.
6. Supervisor Dahle reports on his meeting with
Mike Walker from Senator Feinstein's office.
Many issues relating to this area of the State and to Lassen County were
discussed.
7. Supervisor Dahle makes the following
allocations from his discretionary funds:
$500 to the Stones-Bengard Community Services District and $1000 to the
Big Valley Senior Nutrition Center.
ALCOHOL
AND DRUG ADVISORY BOARD
It is
moved by Supervisor Keefer, seconded by Supervisor McCain and carried to
appoint Robert Pace and reappoint Robert Grant to fill vacancies on the Alcohol
and Drug Advisory Board.
IN-HOME
SUPPORTIVE SERVICES ADVISORY BOARD
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to accept
Tina Majors letter submitting her resignation from the In-Home Supportive
Services Advisory Board and appoint Billy Young.
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 accept
the Sierra Army Depot Reuse Plan as amended January 29, 2002; 2) adopt Resolution No. 02-001-LRA, accepting
the Sierra Army Depot Reuse Plan, as amended January 29, 2002, for the Base
Reuse Project in Herlong, California; and 3) adopt Resolution No. 02-002-LRA,
which will allow the Sierra Army Depot Reuse Plan, as amended January 29, 2002,
to serve as the Local Reuse Authority's Comprehensive Economic Development
Strategy (CEDS), for the Base Reuse Project in Herlong, California, as required
by the Economic Development Administration (EDA).
The
Local Reuse Authority adjourns and the Board of Supervisors reconvene.
PIT
RESOURCES CONSERVATION DISTRICT
It is
moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to accept
letters from Bob Nelson and Dean Leventon submitting their resignations from
the Pit Resources Conservation District, and appoint John Britten.
CONSENT
CALENDAR
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to take the
noted action on the following Consent Calendar items:
COUNTY
CLERK ITEM
Approve
minutes of May 28, 2002.
DISTRICT
ATTORNEY ITEMS
Authorize
the purchase of one 2002 Dodge Durango (police package) automobile from Lasher
Auto Center in Sacramento, through the California Multiple Awards Schedule
(C.M.A.S.),in the amount of $25,096.39, from the Supplemental Law Enforcement
Fund.
Adopt
Resolution No. 02-040, authorizing Lassen County District Attorney to sign
application documents to continue grant from the State of California,
Governor's Office of Criminal Justice Planning (O.C.J.P.), for the purpose of
continuing the Lassen County District Attorney's Statutory Rape Vertical
Prosecution Program (S.R.V.P.).
OFFICE
OF EMERGENCY SERVICES ITEM
Ratify
continuation of Declaration of State of Disaster / Emergency in Lassen
County.
PUBLIC
WORKS DEPARTMENT - SURVEYOR DIVISION ITEM
Adopt
Resolution No. 02-041, approving Parcel Map #2002-5, Wilson and Ruth Mallery.
MISCELLANEOUS
CORRESPONDENCE ITEMS
Receive
and file the following correspondence:
a. Lassen
County Alcohol & Drug Advisory Board agenda for June 3, 2002, and minutes
of April 16, 2002.
b. Lassen County In-Home Supportive Services
Notice and Special Meeting Agenda for May 29, 2002, Notice and Special Meeting
Agenda for June 5, 2002 and minutes of May 16, 2002 and May 29, 2002.
c. Lassen
County Mental Health Advisory Board continued meeting agenda for May 31, 2002,
and minutes of May 14, 2002.
d. Lassen County Technical Advisory Committee
agenda for June 4, 2002.
e. Lassen County Planning Commission agenda for
June 5, 2002.
f. Lassen County Transportation Commission
agenda for June 10, 2002.
ADMINISTRATIVE
SERVICES - PURCHASING DEPARTMENT
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to award
bid to West Coast Data Connect, Inc., Redding, the only vendor that submitted a
bid, for the installation of Voice and Data Cabling System for the new Barry
Creek Facility located on Chestnut Street for the Child Support Department, in
the amount of $16,136.01.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to: award bid to Valley Ag and Tractor, Fall
River Mills, the lowest and only bidder meeting specifications for one, used,
2001 John Deere 4700 4x4 tractor in the amount of $25,117.83; authorize
lease/purchase financing through Capital Public Finance; and authorize the
County Administrative Officer to execute lease/purchase documents upon final
approval by County Counsel.
COUNTY
CLERK - ELECTIONS DIVISION
It is
moved by Supervisor Keefer, seconded by Supervisor Pyle and carried to
authorize the Chairman to execute a letter opposing SB 1975 (Johnson), a
measure to move the statewide primary election from March to August with the
presidential (only) primary remaining in March, including a request to restore
the primary election to June for local and state races.
COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION
Community
Development Director Robert Sorvaag reports the Herlong Utilities Cooperative
(HUC) Draft EIR is complete and has been distributed to public agencies. There are copies available for review at the
Community Development Department, Susanville Library and West Patton Village
Community Services District Office.
There are also some copies available for purchase. The public comment period will end on July
15th. A Planning Commission hearing is
scheduled for July 10, 2002 at 2:30 p.m.
PROBATION
DEPARTMENT
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried to approve
the Standard Agreement with the State of California Department of Youth
Authority for diagnostic and treatment services detention; and authorize the
County Administrative Officer to sign the agreement.
BOARD
OF SUPERVISORS
Chairman
Dahle reads the following statement:
At its
May 28, 2002 closed session meeting, the Board of Supervisors voted
4-0,
Supervisor Chapman absent, to offer a settlement agreement to Claud Neely, Fair
Manager, to resolve issues concerning his alleged illegal hiring in October,
1998. Mr. Neely has accepted the
proposed settlement, and has agreed to resign as a Lassen County employee,
effective this date. Mr. Neely will pay
the County $5,000 in satisfaction of restoring prior salary and benefits paid
to him, and will be eligible to compete with other applicants for the Fair
Manager position.
This
situation came about because in July, 2001, the California courts decided that
anyone who was a member of a governing board and who agreed with the Board to
become an employee when he resigned from the Board, had an invalid employment
position. Although the case differed in
several important ways from the history of Mr. Neely's employment, certain
residents of the County have threatened to sue the County and Mr. Neely if the
Board took no action.
Given
the lack of clarity of the law, the likely expense of litigation, and the
difficulty in collecting any judgment in favor of the County, the Board decided
this settlement was in the best interests of the County.
The
cost of litigation is likely to be very expensive, whether to bring suit
against Mr. Neely to recover benefits paid him as a former employee, or to
respond to a taxpayer suit to have the employment declared invalid. For example, in the case decided last July, a
district was ordered to pay over $88,000 to the person who brought a taxpayer
suit because the district did nothing about an invalid employment contract.
Even
if the County won a lawsuit against Mr. Neely for a refund of the salary paid
to him, the judgment would not be collectible.
Information voluntarily provided by Mr. Neely, and confirmed by an
outside investigation, shows that Mr. Neely could protect virtually all his
assets from collection (including the $5,000 he is paying back under the
settlement).
It
would be a waste of County resources to pay a lot of money to attorneys and get
nothing in return. It is in the best
interests of the County and the Lassen County Fair to put this matter behind us
and start with an entirely new contract for the manager of the Lassen County
Fair.
I wish
to emphasize that Claud's resignation is in no way a negative reflection of his
performance. He has done an outstanding
job for the County in managing the Fair Department, and has had the full
support of the Board.
Supervisor
Chapman notes that he did not participate in the deliberations or closed
sessions relating to this matter. He
finds it offensive that the County has had to undergo this whole process, and
that Mr. Neely, as a valued employee, is subjected to this kind of
process. He believes there are a lot of
residents that feel the same. He states
the suggestion is that Mr. Neely and the County did something wrong, and he
finds this appalling. He notes that Mr.
Neely had won a couple of elections as a Board of Supervisor and gave up that
position to take the fair manager position at a time when strong leadership was
needed. He feels there was community
consensus for the need for a strong fair manager. He states the hiring was all done in open
session, as there was a sensitivity to possible community concerns and no one
stepped forward. He states everybody was
pretty much in agreement even the newspaper editorialized in favor of
encouraging Neely. He does not feel this
settlement agreement is something that he can participate in or be a part of.
Supervisor
Dahle states everyone on the Board agrees that Neely has done an outstanding
job. He notes there was a lot of
community support for the appointment of Neely as fair manager. He states by this settlement the Board is
trying to save the taxpayers money and more burden on the rest of the people
involved.
Supervisor
Chapman respects the Board for responding but he thinks to allow a dissenting
few to be the tail that wags the dog is not what we need to see in this county.
Lloyd
Keefer agrees with Mr. Chapman's statements.
Supervisor
McCain states the board members did not want to do what they have had to do,
but were in between a rock and a hard spot.
He feels the Board has to act in order to responsibly carry out their
duties.
In
response to a question from Mike Smith, County Counsel Bill Murano states the
settlement agreement effectively eliminates any lawsuit by the County against
Claud Neely.
John
Zenith believes the Board has just entered into another 1090 issue because he
feels they are engaging in a decision to shield Mr. Neely from the use of
county assets to litigate against him.
He states that he has a letter that he will be handing to the District
Attorney as a result of a response from the Fair Political Practice Commission
and the Attorney General. He asks if
Neely is getting lifetime benefits on medical. He goes on to discuss his
opinions relating to the viability of a lawsuit in this matter and his opinion
of County Counsel's representation in this matter.
Georgia
Templeton states that she disagrees with Mr. Zenith on most things, but
particularly on this issue. She feels
that Zenith is trying to divide this community.
She feels by his statements today he has shown that he is not an activist
but that he is an agitator. She feels
the community needs to be drawn together, not pulled apart. She notes that Zenith threatens lawsuits at
every turn.
It is
moved by Supervisor Pyle, seconded by Supervisor Keefer and carried on a roll
call vote, with Supervisor Chapman voting NO, to accept Lassen County Fair
Manager Claud Neely's resignation.
It is
moved by Supervisor Pyle and seconded by Supervisor Keefer to:
appoint
Claud Neely as Interim Fair Manager; (salary of $5250 monthly/no over-time or
benefits, except as required by law); authorize CAO to enter into a contract
for an interim fair manager to not exceed three (3) months; and authorize the
Personnel Department to begin recruitment for a permanent fair manager.
Supervisor
McCain expresses his opinion that the interim position should be opened up for
appointment (a week or so recruitment).
He does not think it gives the right impression to just immediately
appoint Neely without giving an opportunity to see if there are others interested.
Supervisor
Pyle and Supervisor Keefer note the fair is only five weeks from now and there
is a need to keep the business of putting on a fair going.
Supervisor
Pyle states it is the responsibility of the Board of Supervisors to put on the
fair for the benefit of the community.
He states this is a critical time for the fair, a lot of preparation is
needed and there is no time to recruit.
Supervisor
Chapman states a fair can't go on without someone at the helm. He is going to vote no on the motion because
he was not in favor of accepting the resignation to begin with.
The
motion carries on the following roll call vote:
Supervisor Chapman - NO, Supervisor Pyle - YES, Supervisor Keefer - YES,
Supervisor McCain - NO, Supervisor Dahle - YES.
COUNTY
COUNSEL
It is
moved by Supervisor Keefer and seconded by Supervisor McCain to introduce, by
title only, Ordinance No. 551, regulating cable television franchises.
Supervisor
Chapman requests the continuance of this item until next week to allow time for
review of the ordinance.
The
maker and second withdraw the motion.
INFORMATION
FOR THE BOARD
1. CAO Whiteman feels it was a very successful
county picnic and thanks everyone that was involved.
2. CAO Whiteman reminds the board members the
Susanville Redevelopment Plan lawsuit is scheduled for June 14th at 8:00 a.m.
3. CAO Whiteman announces the Mental Health
Department response to the Little Hoover Commission Report has been
received. He distributes copies to the
board members and announces this will appear on the June 25th agenda.
4. CAO Whiteman informs the board members that
Child Support Director Beth Hyde went to Sacramento for discussions regarding
the federal fine imposed against the State of California relating to the
non-implementation of a statewide computer system. This fine is being passed on to the counties
by the State. Congressman Matsui has
introduced a bill to mitigate the penalties to the State. The CAO is seeking guidance from the board
members in regard to writing a letter to Congressman Herger for his support of
Matsui's Bill. Beth Hyde reports on what
the Matsui Bill would provide. (Chairman Dahle departs at 10:39 a.m.) Board consensus is to have the CAO write a
letter to Congressman Herger.
5. Auditor Doyle announces the fund for contract
public defenders is depleted and there will be no more payments until the next
fiscal year. Additionally word has been
received from the State that the Prison Prosecution Fund is depleted.
6. County Clerk Nagel expresses appreciation for
the county picnic and announces that certificates of appreciation have been
prepared for all those who worked to put on the picnic. Certificates are distributed to the board
members, CAO and Deputy County Clerk Susan Osgood. The others who worked hard and will receive
certificates are: Dan Douglas, Carole
Dustin, Cetera Rohl, Linda Armstrong, Jerry Abts, Yvonne Smith, Michele Salas,
Public Works Department Crew, Fair Crew.
CORRESPONDENCE
A
letter from California Correctional Center Vocational Drafting Instructor Bill
Edmiston directed to the Assessor's Office asking for assistance locating
veterans' gravesites throughout the Lassen County cemetery system, is referred
to the Public Works Department.
ADJOURNMENT
IN MEMORY
There
being no further business, the meeting is adjourned at 10:50 a.m. in memory of
long-time community member and journalist Jane Feller, and long-time community
member Peggy Sayers.
__________________________________________
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST:
_______________________________________
THERESA
NAGEL, CLERK OF THE BOARD