SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
NOVEMBER 18, 2013
SPECIAL MEETING WITH SUSANVILLE CITY COUNCIL
AND
CONTINUED MEETING OF NOVEMBER 12, 2013
9:00 A.M. CALL TO ORDER
PRESENT FOR LASSEN COUNTY BOARD OF SUPERVISORS:Supervisors Bob Pyle, Jim Chapman, Larry Wosick and Aaron Albaugh;County Counsel Rhetta Vander Ploeg, County Administrative Officer (CAO) Martin Nichols and Deputy Clerk of the Board Susan Osgood. Chairman Pyle opens the Board of Supervisors meeting. Supervisor Tom Hammond enters at 9:02 a.m.
PRESENT FOR SUSANVILLE CITY COUNCIL: CouncilmembersCheryl L. McDonald, Nicholas McBride, Brian Wilson, Lino P. Callegari and Mayor Rod E. De Boer. Staff present: City Administrator Jared Hancock, City Attorney Peter M. Talia and City Clerk Gwenna MacDonald. Mayor DeBoer opens the City Council meeting.
PUBLIC COMMENT: None.
OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Pyle.
LASSEN COUNTYBOARD OF SUPERVISORS WITH SUSANVILLECITY COUNCIL
SUBJECT: Discussion and possible adoption of the Community Swimming Pool Joint Powers Agreement.
REQUESTED ACTION: Discuss terms of the proposed joint powers agreement and consider adoption of the agreement.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
ACTION: Approve agenda as posted.
MOVED BY:Albaugh SECONDED BY: Wosick UNANIMOUS: No
AYES:Pyle, Chapman, Wosick, Albaugh ABSTENTIONS: None
NOES: None ABSENTEES: Hammond
Mayor De Boer: Agrees to the agenda approval.
Chairman Pyle: States the meeting is to discuss and possibly adopt the Community Swimming Pool Joint Powers Agreement (JPA).
CAO Nichols: Reports there are some minor changes from the agreement, notes the changes as they are not yet in the proposed agreement. Notes the Joint Powers Agency can make any necessary changes after it is formed.
Councilmember Callegari: States he just received the corrections and requests he be allowed to review them to make sure what CAO Nichols stated covers his concerns with the agreement. Lists his concerns with the agreement, including eminent domain, withdrawal and other issues. Does not like the joint powers agreement; wants everyone to be able to vote and have a say on it. States he does want a pool but will abstain from a vote until he sees a written document.
SPEAKERS: Many people spoke in favor of the JPA, including: Reesa Rice, Charles “Moose” Mueller, Lassen County Special Olympics Coordinator Carrie Nyman, Tracy Langslet, and several unidentified members of the public. Alex Salsbery states he previously voted no on the pool and would like an opportunity to vote again.
Auditor Karen Fouch: Comments on member agency payments in the JPA agreement.
Treasurer/Tax Collector Richard Egan: Comments on “Duties of Treasurer/Controller” in the JPA agreement.
Supervisor Albaugh: Feels this should go before the voters; does not think he should be making $200,000 year commitment for all LassenCounty taxpayers. Presents concerns and asks questions.
Extensive discussion is held.
City Administrator Jared Hancock: Reviews changes being discussed, this is based on Draft #3 dated 11/12/2013 in top right corner that City Council previously approved. The following amendments are before the Board of Supervisors:
Section 3.2 - add the word “cycles”;
Section 9.2d - change the word from “authority” to “Auditor”;
Section 3.1 - add language to the second sentence “It shall remain in effect” and the newlanguage
shall be “for 15 years from the date of adoption thereafter terminated pursuant to Article 11.”;
Section 5.3 - strike the words “use of power of eminent domain”.
Section 9.2 - Add as “e” the wording “Any debt financing for construction of the pool facility must be ratified by each member of the Authority before being approved by the Authority’s Board.”
Article 13 – Re: withdrawal should read “The County of Lassen and the City of Susanville shall not withdraw from this agreement for 15 years from the effective date. Subsequently, any member may withdraw…” with a 90 day’s notice, as previously stated.
A motion is made by Councilmember McBride, second by Councilmember Wilson to approve the agreement with amended changes.
Discussion is held by Susanville City Council.
Mayor DeBoer: States this is only a starting line; the JPA will affirm or disaffirm that a swimming pool is going to be built; thinksthe people have something to say about that.
Further discussion is held by the Board of Supervisors regarding financing and the withdrawal clause.
ACTION: Adopt the changes to the agreement as provided by CAO Nichols.
MOVED BY:WosickSECONDED BY: Hammond
MAKER AND SECOND AGREE TO AMEND THE MOTION: Eliminate “use the power of eminent domain” wording.
AYES:Pyle, Chapman, Wosick, HammondABSTENTIONS: None
NOES: AlbaughABSENTEES: None
Susanville City Council -
Mayor DeBoer: Vote on the motion made with amendments.
AYES: McBride, Wilson, DeBoerNOES: McDonald, Callegari
The Board of Supervisors’ Special Meeting is adjourned at 10:15 a.m.
CONTINUED MEETING OF NOVEMBER 12, 2013
10:26 a.m. The Board of Supervisors Convenes Continued Meeting from November 12, 2013.
PRESENT: Supervisors Bob Pyle, Jim Chapman, Larry Wosick, Aaron Albaugh and Tom Hammond; CountyCounsel Rhetta Vander Ploeg, County Administrative Officer (CAO) Martin Nichols and Deputy Clerk of the Board Susan Osgood.
PUBLIC COMMENT: None.
Chairman Pyle opens the Board of Supervisors Continued Meeting from November 12, 2013; recuses himself from the discussion and leaves the room at 10:28 a.m. Vice-Chairman Wosick chairs the meeting.
CAO Nichols: Notes this is a continued agenda item to discuss a vacancy on the Honey Lake Valley Resources Conservation District (HLVRCD) Board. Recommendation is to interview the three applicants and possibly make an appointment.
HONEY LAKE VALLEY RESOURCES CONSERVATION DISTRICT (HLVRCD / RCD)– APPOINTMENT
SUBJECT: Interview the following applicants: Lawrence L. Cabodi, Ruth Dike, David Schroeder.
ACTION REQUESTED: Consider making one appointment to fill vacancy left by resignation of Les Evans.
Applicant Lawrence Cabodi: Presents information on his background and how he became a member of the HLVRCD. Discusses history of the Water Master Service within the RCD; feels the Water Master Service is an incidental function of the RCD and should not be dominating it. Suggests making Water Master issues a separate part of the RCD agenda. Presents additional information.
Applicant Ruth Dike: States why she would be a good candidate: is interested in projects (sage grouse, weed abatement, etc.); is very familiar with grant writing; feels equipment might be better utilized. With previous experience, feels she may be able to bring a more cohesive group together.
Is a landowner but not a water user; can bring a certain objectivity to water board issues. Presents other information.
Applicant David Schroeder: Discusses RCD and his previous experience as board member; agrees with much of what Mr. Cabodi said. Is disappointed things have not moved forward. Has been interested in looking into having an outside agency run the Water Master Service. The District needs to respond in business-like fashion to seek ways to solve problems or get someone else to do it. He would work on getting programs and grants back on track. Discusses increasing water fees; is concerned about rates increasing further because of lawsuits. Presents further information.
SPEAKERS: Auditor Karen Fouch; HLVRCD Board Chairman John Bentley; HLVRCD member Willis Dow; HLVRCD member Ramsey Wood; Barbara White; HLVRCD member Jesse Claypool.
Supervisors question applicants and extensive discussion is held.
CountyCounsel Rhetta Vander Ploeg: In response to questions, explains the process for filling a vacancy and Board responsibility.
Vice-Chairman Wosick: Would like cost information on an election.
ACTION: Bring the item back on the November 26, 2013 Board agenda for further discussion. The Board would then decide to appoint or to not appoint to the HLVRCD.
Recess to Closed Session 12:13 p.m.
CORRESPONDENCE
ACTION: Receive and file letter from Honey Lake Valley Resources Conservation District Chairperson John Bentley.
12:15 P.M.CLOSED SESSION - Conference with Legal Counsel: Significant exposure to Litigation pursuant to Government Code Section 54956.9: One case.
PRESENT: SupervisorsPyle, Wosick, Albaugh, Hammond, CAO Nichols, CountyCounsel Vander Ploeg, Planning and Building Services Director Maurice Anderson, Health and Social Services Director Melody Brawley, Treasurer / Tax Collector Richard Egan and Deputy Public Works Director for Facilities Peter Heimbigner. Supervisor Chapman enters at 12:16 p.m.
ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION – County Counsel Vander Ploeg reports:No reportable action taken.
ADJOURNMENT
There being no further business, the meeting is adjourned at 12:41p.m.
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Chairman of the Board of Supervisors
Date:______
ATTEST:
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Susan Osgood, Deputy Clerk of the Board
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