SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
FEBRUARY 21, 2012
9:02 A.M. CALL TO ORDER
PRESENT: Supervisors Brian Dahle, Bob Pyle, Jim Chapman, Larry Wosick and Jack Hanson; Interim County Administrative Officer (CAO) / County Counsel Rick Crabtree, and Deputy Clerk of the Board Susan Osgood. Supervisor Dahle departs at 11:38 a.m. Deputy CAO for Health and Social Services Kevin Mannel is present 9:02 a.m. – 9:08 a.m. Traci Witry is present 9:09 a.m. – 9:15 a.m.; Rhetta Vander Ploeg is present 9:09 a.m. – 9:26 a.m. Absences: County Counsel Crabtree 10:01 a.m. – 10:03 a.m. Recesses: 10:50 a.m. – 10:53 a.m. (Supervisor Hanson returned 10:54 a.m.); 11:39 a.m. – 11:45 a.m.; 12:19 p.m. – 1:12 p.m. Closed session is continued to the end of regular Board meeting.
PUBLIC COMMENT: None.
ANNOUNCEMENT OF CLOSED SESSION: 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 – 1 case.
2) Public Employee Appointment, pursuant to Subdivision (b) of Government Code Section 54954.5: County Counsel.
3) Public Employee Discipline/Dismissal/Release.
9:35 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Supervisor Wosick.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION: Deputy Clerk of the Board Osgood reports: 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 – No reportable action taken.
2) Public Employee Appointment, pursuant to Subdivision (b) of Government Code Section 54954.5: County Counsel – This closed session item will be continued to the end of the regular agenda.
3) Public Employee Discipline/Dismissal/Release – No reportable action taken.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
Supervisor Dahle requests the meeting be adjourned in memory of Dale Edwin Albaugh, Floyd Bidwell, Lillian Higgins and James Eaustace Wolter.
ACTION: Approve agenda with additions.
MOVED BY: Hanson SECONDED BY: Pyle UNANIMOUS: Yes
PUBLIC COMMENT: None.
UNAGENDIZED BOARD REPORTS: Supervisor_Wosick: 1) Attended Air Board meeting February 14, 2012 with Supervisors Pyle and Hanson.
Supervisor Pyle: Presents details of the February 16 Eagle Lake Interagency Board meeting; good attendance; several agencies presented information.
Supervisor Hanson: 1) Also attended the Air Board meeting and the Eagle Lake Interagency Board meetings. 2) Asks about ordinance regarding Basin Management Objectives; County Counsel Crabtree states it will be on the March 20, 2012 agenda.
Supervisor Dahle: 1) HR 3685 is scheduled for discussion later in the agenda. 2) Reports on call from Mariner’s Resort Eagle Lake owner who would like to get a shuttle bus up to the lake again; will be talking with Dan Douglas in Transportation / Public Works.
RECOGNITION COMMITTEE
Chairman Dahle presents awards in appreciation for years of employment with Lassen County to the following employees:
Ten Year awards: Lisa Chandler (Family & Child Protective Services); Don Dilley (Assessor's office); Joan Shere (Public Works Department).
Twenty-Five Year Award: Denise Stelzer (District Attorney's office).
CALIFORNIA FISH AND GAME - KAREN KOVACS
SUBJECT: Presentation by California Department of Fish and Game regarding the status of the gray wolf, OR7, called Journey.
PRESENT: CA Department of Fish and Game: Wildlife Program Manager (Northern Region) Karen Kovacs; Senior Environmental Scientist Richard Callas, local Wildlife Biologist Brian Ehler.
U. S. Fish and Wildlife Service: Field Supervisor of Sacramento Office Susan Moore and Robert Moller.
Karen Kovacs: Presents detailed history of wolves in the Western states; update of OR7’s (Journey) travels. Notes public concerns of depredation and compensation; hunter’s concerns about reduction in deer and elk populations; public safety and well-being of OR7 while in California. Discusses need for an interagency wolf management plan; speaks about staffing and funding needs. The purpose of the presentation is to be proactive with providing information about wolves. Have met with many stakeholders in California (agriculture producers; sportsmen’s group, environmental and conservation groups) and anticipate having a larger meeting with all stakeholders in the near future to discuss common goals for wolf management. States there are no packs in California now; notes of wolf sightings reported, many prove to be coyote sightings.
Susan Moore: Major responsibility of Fish and Wildlife Service office is to implement and enforce the Endangered Species Act; wolves are considered endangered in California. Unless a wolf is taken for a human health safety issue, there is a $100,000 fine or a year in jail or both; not allowed to kill for attacking sheep or cattle. Presents information on wolf populations in different areas. States a five year status review of gray wolf report that looks at how to manage the remaining populations within the lower 48 states and Mexico will be out the end of February 2012. The Fish and Wildlife Service has no plans to reintroduce any wolves into California.
Richard Callas: Presents brief overview of information gathered while OR7 has been in CA; has been tracked by a radio transmitter collar (vhf frequency to track from ground/air) and global positioning system (transmits every six hours where animal has been). OR7 moved fast, may have moved close to 2,000 miles since last September; has fed on some deer and on dead livestock, is heading back towards the Oregon border.
SPEAKERS: Delight Callegari; Bill Wineger; Bob Harvey; Amaroq Weiss (California Wolf Center); Len Griswold; Carol Byers.
Further discussion was held.
LOCAL REUSE AUTHORITY
Convenes as the Local Reuse Authority.
SUBJECT: Herlong Veterans of Foreign Wars Building #1223 and Deed.
ACTION REQUESTED: 1) Receive presentation from members of the Herlong Veterans of Foreign Wars (VFW).
2) Discussion and possible direction to staff.
Supervisor Hanson: Notes the Board did transfer Building 1223 to the VFW with a deed that was not acceptable to the members of the VFW. Is in full support of transferring the building to the VFW under whatever circumstances they deem appropriate as long as it is legal.
Commander of Honey Lake VFW #6356 John Everett: Notes staff at 707 Nevada Street was very gracious while VFW members were doing research; appreciates their professionalism and courtesy. Presents information on distributed paperwork: reports on Congressional Charters (official government sponsorship to offer special privileges to organizations and members – US Code Title 36); letter from Attorney McCutchen to the Local Reuse Authority (LRA) dated July 31, 2001 regarding LRA’s authority to dispose of property and gift of public funds. Never knew the deed would have restrictions.
County Counsel Crabtree: Explains this transfer has nothing to do with economic development; it is a transfer for a public purpose. States four attorneys, including Mr. McCutchen, consistently gave opinions stating the property can be transferred for free if there are findings and conclusions that it is for a public purpose; to avoid this being a constitutionally prohibited gift of public funds there would have to be public use restrictions that accompany the transfer. The Board did that last year.
Honey Lake VFW #6356 Trustee Felix Flores: Presents detailed information to the Board on research he has done. The VFW was to get the property immediately as a pass through. States the VFW members would have done things differently if the “public purpose” information were known.
The LRA received grants for maintenance and costs for the building; the VFW paid for those and would like to be reimbursed ($15,496.32); would also like to be reimbursed for property survey ($1,071); the reimbursements should include interest.
SPEAKERS: Alan Schumacher.
County Counsel Crabtree: Suggests re-drafting the deed restriction to read as follows: “This transfer of title to the subject real property is made for the use and benefit of the Veterans of America’s Armed Forces and the community of Herlong and shall hereinafter be used as a meeting facility, Veterans Hall and recreational facility to serve veterans and the public.”
Discussion is held regarding public use.
Felix Flores: States the “public purpose” is covered under the charter that the VFW got accepted to through the pre-application with the Corps of Engineers; part of the mandate under the VFW charter is to do public participation, which they do. States the County needs to take out the part about “public use”.
Supervisor Dahle: States he has more than $1,000 in his personal discretionary funds that can be used to make the VFW whole if needed.
Supervisor Chapman: Instead of “and the public” at the end of Mr. Crabtree’s suggested wording, asks if it could say “and public as defined by the VFW Charter”.
Extensive discussion is held.
ACTION: Change the wording on the deed restriction to state: “This transfer of title to the subject real property is made for the use and benefit of the Veterans of America’s Armed Forces and the community of Herlong and shall hereinafter be used as a meeting facility, Veterans Hall and recreational facility to serve veterans and the public as defined by the Charter of the Veterans of Foreign Wars.
MOVED BY: Chapman SECONDED BY: Wosick
Further discussion is held.
UNANIMOUS: Yes
Adjourns and reconvenes as the Board of Supervisors.
PUBLIC COMMENT – Continued
Alan Schumacher: Distributes handout titled “Water” to the Board.
Jean Hodge: Asks questions regarding exportation of water from Lassen County to Nevada; is directed to speak to Planning and Building Director Maurice Anderson.
Theresa Nagel: Asks what is going on with the pool; is told that will be scheduled for a March 13 Study Session.
CONSENT CALENDAR
Supervisor Hanson requests the letter regarding dialysis be copied to Northeastern Rural Health and Banner Lassen Medical Center.
ACTION: Take the noted action on the following Consent Calendar items:
MOVED BY: Wosick SECONDED BY: Hanson UNANIMOUS: Yes
COUNTY CLERK ITEMS - MINUTES
ACTION: Approve Minutes of February 14, 2012.
STEP INCREASE
SUBJECT: Request exemption to salary step placement for employee who is volunteering to fill the vacant position of Senior Legal Clerk which will allow the County Clerk's office to advertise and fill the position of Administrative Assistant.
ACTION: Authorize the step placement of Baden Falkowski at salary Range 15 E, in the classification of Senior Legal Clerk (General Unit), effective March 1, 2012.
BOARD OF SUPERVISORS ITEM - EXPENDITURE APPROVAL
ACTION: Approve request by Supervisor Hanson to designate $600 to Herlong High School Student Council for support of their graduation and fundraising activities and $500 to Leavitt Lake Community Services District in support of equipping the park.
LETTER OF SUPPORT
ACTION: Approve letter of support for City of Susanville pursuing the establishment of a dialysis center in the Susanville area, and authorize the Chairman to sign.
PLANNING AND BUILDING SERVICES ITEMS
LETTER
ACTION: Approve letter of support for a grant application, to be submitted to the Department of Water Resources by the Honey Lake Valley Conservation District, to fund the development of an Integrated Regional Water Management Plan (IRWMP), and authorize the Chairman to sign.
LETTER
ACTION: Letter from multiple counties to the State Mining & Geology Board (SMGB) declining the suggestion that said counties must contract directly with the SMGB or outside consultants for annual mine inspection services on county operated mine sites; and authorize Chairman or County Counsel to sign letter upon completion.
PUBLIC WORKS DEPARTMENT ITEMs
ROAD DIVISION
ACTION: Award bid to Cummins West, Inc., Redding, CA, the lowest bidder meeting the specifications in the amount of $17,204.57, for the installation of a Diesel Particulate Filter on a 2003 Kenworth Truck (X-12).
ROAD DIVISION
ACTION: Award bid to Bear Cat Mfg., Inc., the lowest bidder meeting the specifications in the amount of $44,619.22, for the purchase of one (1) new Bear Cat BK-400D Crack Sealing Machine.
MISCELLANEOUS CORRESPONDENCE ITEMS
ACTION: Receive and file the following correspondence:
a. Lassen County Air Pollution Control District Governing Board meeting agenda for February 14, 2012.
b. Susanville City Council, Susanville Community Development Agency, Susanville Municipal Energy Corporation and Susanville Public Financing Authority meeting agenda for February 15, 2012.
c. Lassen County Farm Bureau meeting agenda for February 16, 2012.
d. Lassen County Fair Advisory Board minutes of January 17, 2012.
BOARD OF SUPERVISORS - SUPERVISOR DAHLE
SUBJECT: H. R. 3685 to amend the Herger-Feinstein Quincy Library Group (QLG) Forest Recovery Act to extend and expand the scope of the pilot forest management project required by that Act.
Supervisor Dahle: Notes there are some things different in this bill from the original bill (the ability to expand it outside the area of the original QLG bill).
Discussion is held. The project is no longer a pilot project; renewal should be based on the success of the previous “pilot” project and would be extended to additional areas (or forests) throughout California, within the Cascade or Sierra Nevada ranges.
BOARD DIRECTION: The Board will approve H. R. 3685 in concept; Supervisor Chapman will write follow-up comments from the Board to be conveyed to Congressman Herger, Congressman McClintock, Senators Boxer and Feinstein, Regional Council of Rural Counties (RCRC), California State Association of Counties (CSAC), and possibly others.
.
MOVED BY: Chapman SECONDED BY: Pyle UNANIMOUS: Yes
SUPERVISOR HANSON
SUBJECT: Military Veterans Preference for Hiring in Lassen County.
SPEAKERS: Felix Flores (suggests: using Federal mandates; work with bargaining units; a Veteran representative be part of discussions); Lassen County Veterans Service Officer Susan Hawkins (DOD announced 25,000 military veterans will be released every month nationwide); Ron Wood (retired Marine Corps Master Sergeant).
Discussion is held including State, Federal and other county policies for military preference when hiring; criteria under bargaining units. Negotiations with bargaining units and budget discussions will be scheduled soon and this issue should be discussed at that time.
DIRECTION: Staff to begin the process of implementing a policy that offers Veterans preference. Chairman Dahle appoints Supervisors Jack Hanson and Jim Chapman to work on this issue and bring back to the Board when appropriate.
CLOSED SESSION – CONTINUED
2) Public Employee Appointment, pursuant to Subdivision (b) of Government Code Section 54954.5: County Counsel.
11:45 a.m. – 12:19 p.m.: PRESENT: Supervisors Hanson, Pyle, Chapman and Wosick; Interim County Administrative Officer (CAO) / County Counsel Rick Crabtree, and Deputy Clerk of the Board Susan Osgood. Supervisor Dahle is absent. District Attorney Robert Burns is present 11:45 a.m. – 12:19 p.m.