SUMMARY MINUTES
BOARD OF SUPERVISORS
707 NEVADA STREET, SUSANVILLE
APRIL 23, 2013
9:32 A.M. CALL TO ORDER
PRESENT: Supervisors Jack Hanson, Bob Pyle, Jim Chapman, Larry Wosick and Aaron Albaugh; County Administrative Officer (CAO) Martin Nichols and Deputy Clerk of the Board Susan Osgood. Recesses: 10:27 a.m. – 10:33 a.m. (Supervisor Chapman returns at 10:34 a.m.); 11:59 a.m. – 1:31 p.m.
ABSENT FOR DAY: County Counsel Rhetta Vander Ploeg.
9:35 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Hanson.
CLOSED SESSION: Chairman Hanson announces today’s Closed Session is scheduled to be held at 1:30 p.m. in Board Chambers.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS: Supervisor Albaugh requests Item G5 Treasurer’s Investment Report pulled from Consent for separate discussion. Supervisor Hanson states: a) Item G1 Minutes of April 9, 2013 will be pulled as they are not completed; April 16, 2013 Minutes will remain on the Consent Agenda; and b) Item D4 Title III Fund Request will be taken up when Mr. Tom Esgate arrives. CAO Nichols requests: a) H4 Agreement with City of Susanville be removed from the agenda; and b) an agreement amendment with Diane Davis Investigations, for investigative services to complete some internal investigations, increasing the total cost of the contract from $10,000 to $20,000, be added to the agenda as an urgency item. Supervisor Chapman requests the meeting be adjourned in memory of Pierre Romero, younger brother of County Counsel Rhetta Vander Ploeg.
ACTION: Add agreement amendment with Diane Davis Investigations as an urgency item to agenda as Item H4, replacing the previously removed H4 Agreement with City of Susanville.
MOVED BY: Albaugh SECONDED BY: Pyle UNANIMOUS: Yes
ACTION: Approve agenda with noted changes.
MOVED BY: Wosick SECONDED BY: Pyle UNANIMOUS: Yes
PUBLIC COMMENT: 1) Barbara White: Distributes document and presents information on her concerns with the RCD (Honey Lake Valley Resources Conservation District), recent RCD meetings and some new member eligibility. Requests the Board of Supervisors rescind recent appointments and replace them. Discussion is held.
2) Eileen Spencer: (Prior to Public Comment, asks questions regarding Closed Session and Public Comment; discussion is held.) States concern regarding Closed Session; presents document claiming Violations of the Brown Act. Presents further information.
3) Violet Stout: Presents information to the Board.
UNAGENDIZED BOARD REPORTS:
Supervisor Wosick: 1) Reports on successful event at his facility, noting the Veterans of Foreign Wars (VFW) did a fundraiser there. 2) Attended Air Board meeting April 16.
Supervisor Pyle: 1) Attended Air Board meeting April 16; nothing to report.
Supervisor Albaugh: Attended Regional Council Representatives of California (RCRC) meeting; good discussions; will be talking to CAO Nichols about some letters regarding issues.
Supervisor Chapman: 1) Thanks Board for support of the Junior Fishing Derby; reports it was very successful with 570 children signed up. 2) Reports on Planning and Service Area – Area Agency on Aging (PSA 2) meeting. Notes concerns with all Joint Powers Authorities (JPAs) the County is involved in; requests a study session or discussion be held. Chairman Hanson suggests Supervisor Chapman work with CAO Nichols on the issue. 3) Reports on Lassen Economic Development Council (LEDC) meeting; CAO Nichols made presentation on the swimming pool; a good discussion was held. 4) Update on work being done on the south side trail in Bizz Johnson corridor. Suggests directing CAO Nichols look into finding $5,000 to donate to the Bureau of Land Management (BLM) for the purpose of completing the trail; bring back to the Board. 5) Attended City Council meeting; discussion was held on cottage food operations and requests County Public Health staff have a discussion with the Board at a future meeting.
Supervisor Hanson: 1) Attended PSA 2 meeting. 2) Attended Air Board meeting. 3) Was honored to represent the Board of Supervisors and present their proclamation at the memorial service for Pearl Harbor survivor Frank Tomberlin and his wife.
PUBLIC WORKS
SUBJECT: Contract approval: Architectural/Engineering Services.
ACTION REQUESTED: 1) Approve a contract with NST Engineering, Inc., to perform architectural/engineering services for the completion of conceptual plans for a new Board Chambers in an amount not-to-exceed $20,000. 2) Authorize the Public Works Director to enter into an agreement pending approval from County Counsel. 3) Appoint member(s) of the Board to be on the Board Chambers committee.
Public Works Director Larry Millar: Contract would be to start some preliminary designs and conceptual plans for new Board Chambers, to be located in the vacated Court area of the downstairs Courthouse Annex Building.
ACTION: Approve contract with NST Engineering, Inc. to perform architectural/engineering services for the completion of conceptual plans for a new Board Chambers in an amount not-to- exceed $20,000; and authorize the Public Works Director to enter into an agreement pending approval from County Counsel.
MOVED BY: Chapman SECONDED BY: Wosick UNANIMOUS: Yes
Discussion is held.
ACTION: After discussion, the Chairman appoints Supervisors Jim Chapman and Jack Hanson as members to the Board Chambers Committee.
ADMINISTRATIVE SERVICES - TITLE III FUNDS
SUBJECT: Title III request for funding from the Lassen County Fire Safe Council, Inc. (LCFSC) for carrying out the Firewise Communities program and development of community wildfire protection plans and the Lassen County Sheriff's Office for search and rescue and other emergency services on national forests.
ACTION REQUESTED: 1) Provide direction to staff regarding any additional information desired by the Board of Supervisors from the Fire Safe Council;
2) Approve and allocate Title III funds as requested to the Lassen County Fire Safe Council or approve and allocate a lesser amount if the Board wishes to consider the Sheriff's request for funding;
3) Approve the request for Title III funds from the Lassen County Sheriff and authorize public posting or deny the funding request;
4) Approve and authorize public posting of remaining Title III funds under the original Secure Rural School and Community Self Determination Act of 2000 in the amount of $933.
Assistant to the CAO Julie Morgan: States the Board of Supervisors previously discussed the request for Title III funds for the Firewise Communities Program and development of the Community Wildfire Protection Plans from the LCFSC. At that time the LCFSC tabled their request, requesting members of the Board of Supervisors attend their meetings; and wait to find out if the funds would be subject to sequestration. The Sheriff expressed an interest in utilizing some of the money for Search and Rescue and other emergency services on National Forest lands; a formal request is part of this agenda item. There is $933 left from prior years; that could also be distributed to the Sheriff. Public Notice has been published for the LCFSC request; the Sheriff’s request would require 45 day notice for Public Comment. No information has been received regarding sequestration.
CAO Nichols: States the Board could make a motion to give 95% of the money and give the CAO authority to allocate the other 5% once the sequestration issue is settled.
Extensive discussion is held.
ACTION: Allocate available Title III funds in the amount of $145,509 as follows: a) $140,509, withholding 5% ($7,275) for possible sequestration payment, to the Lassen County Fire Safe Council (LCFSC) for carrying out the Firewise Communities program and development of Community Wildfire Protection Plans; b) $5,000, with nothing withheld, to the Sheriff’s Department, and $933 from prior year funds to the Sheriff’s Department, for search and rescue and other emergency services on national forests, and authorize public posting of 45 day notice.
MOVED BY: Wosick SECONDED BY: Pyle
SPEAKERS: 1) Eileen Spencer: Questions what the Sheriff’s Department would spend the money on. Discussion is held. 2) Phil Nemir: Notes the LCFSC withdrew their proposal; feels they should re-submit request and do a 45 day review period. Reminds the County needs to certify expenditures of money spent from Title III; has not seen anything submitted in the past from LCFSC that fully addresses how money was spent for the authorized categories; does not think adequate information has been provided. Provides document “Sample Framework for Title III Grant Request from Lassen County” for information he feels the LCFSC should provide in their budget; did provide it at a LCFSC meeting. Presents further information. Requests the Board hold off on allocating money to the LCFSC until they provide information requested. 3) Violet Stout: Asks questions about the Fire Safe Council; Supervisors Pyle and Hanson respond.
Discussion is held. Supervisor Chapman suggests an amendment to the Motion made.
AMENDED ACTION: The release of funds to the Lassen County Fire Safe Council (LCFSC) in the previous action is conditioned upon receipt of a satisfactory response to CAO Martin Nichols’ March 26, 2013 letter requesting additional information relating to Title III funding.
MOVED BY: Chapman SECONDED BY: Pyle
Discussion is held.
Tom Esgate: Does not think the LCFSC is interested in fixing something that is not broken. States information requested has been supplied every year after the budget year; has a track record of successful Fire Safe Council working with the Board; would like to continue the relationship with the Board but does not see any benefit to coming back again for more discussion. The LCFSC has important work to be done; would like issue put to rest today.
VOTE ON AMENDED ACTION:
UNANIMOUS: No
AYES: Hanson, Pyle, Chapman, Wosick ABSTENTIONS: None
NOES: Albaugh ABSENTEES: None
VOTE ON TITLE III ALLOCATION, AS AMENDED: Allocate available Title III funds in the amount of $145,509 as follows: a) $140,509, withholding 5% ($7,275) for possible sequestration payment, to the Lassen County Fire Safe Council (LCFSC) for carrying out the Firewise Communities program and development of Community Wildfire Protection Plans; b) $5,000, with nothing withheld, to the Sheriff’s Department and $933 from prior year funds to the Sheriff’s Department, for search and rescue and other emergency services on national forests, and authorize public posting of 45 day notice. The release of funds to the Lassen County Fire Safe Council (LCFSC) in the previous action is conditioned upon receipt of a satisfactory response to CAO Martin Nichols’ March 26, 2013 letter requesting additional information relating to Title III funding.
UNANIMOUS: No
AYES: Hanson, Pyle, Albaugh, Wosick ABSTENTIONS: None
NOES: Chapman ABSENTEES: None
MENTAL HEALTH ADVISORY BOARD - VACANCIES
ACTION: Appoint Edward F. Mussen, as public interest member and Mae Sherman, as undesignated member, to the Mental Health Advisory Board.
MOVED BY: Chapman SECONDED BY: Wosick UNANIMOUS: Yes
Supervisor Chapman reminds the Clerk Supervisor Hanson was added as an alternate to this board in January, 2013.
CONSENT CALENDAR
Item G1 Minutes of April 9, 2013 were removed from Consent and Item G5 Treasurer’s Investment Report was removed for separate discussion.
ACTION: Take the noted action on the following Consent Calendar items:
MOVED BY: Pyle SECONDED BY: Albaugh
Eileen Spencer: States concerns regarding some past minutes that have not been approved.
UNANIMOUS: Yes
COUNTY CLERK ITEM - MINUTES
ACTION: Approve Minutes of April 16, 2013.
ADMINISTRATIVE SERVICES ITEM - PERSONNEL
ACTION: Receive and file Personnel Movement Report for March, 2013.
AUDITOR AND TREASURER DEPARTMENTS ITEM - REPORT
ACTION: Receive and file Treasurer's Fund Balance Report and Auditor's verification for the month of March, 2013.
CHILD SUPPORT SERVICES ITEM - AMENDMENT
ACTION: Approve the agreement amendment with ABC Legal Services, d/b/a Process Forwarding International (PFI) to increase the contract value for State Fiscal Year 2012/2013 by $2,000, bringing the total contracted amount for Service of Process as established by agreement to $11,999 and authorize the CAO to sign the amendment.
BOARD OF SUPERVISORS - EXPENDITURE APPROVAL
ACTION: Approve request by Supervisor Hanson to designate $500 to the Likely Fire Protection District to repay them for their direct costs of servicing Madeline and to Ravendale area.
MISCELLANEOUS CORRESPONDENCE ITEMS
ACTION: Receive and file the following correspondence:
a. Application for Alcoholic Beverage License: Reds Good & Plenty, 472-910 Johnstonville Road, Susanville, CA 96130-8779.
b. Susanville City Council meeting agenda for April 17, 2013.
c. PSA 2 Area Agency on Aging Special Meeting of the Executive Board agenda for April 22, 2013.
TREASURER/TAX COLLECTOR ITEM - REPORT
SUBJECT: Treasurer's Investment Report for March, 2013.
Assistant Treasurer/Tax Collector Nancy Cardenas: Answers questions from Supervisor Albaugh regarding information contained in the Treasurer’s Investment Report.
ACTION: Receive and file Treasurer's Investment Report for March, 2013.
MOVED BY: Albaugh SECONDED BY: Wosick UNANIMOUS: Yes
HEALTH & SOCIAL SERVICES
BEHAVIORAL HEALTH
SUBJECT: Mental Health Services Act (MHSA) Annual Update Report 2012/2013.
ACTION: 1) Adopt the MHSA Annual Update 2012/2013, and 2) approve its submission to Mental Health Services Oversight & Accountability Commission (MHSOAC).
Behavioral Health Director Barbara Pierson: Presents detailed information on the Annual MHSA Report for approval and submission to the State. The MHSA funds are used in many areas: to support services which help build a system of care for people who are experiencing mental health issues; funds a full service partnership providing resources for people with serious mental illnesses; Workforce Education and Training money is used for work study students, etc. Want to create a drop-in center (for client support during the day) and grow school program with mental health services in elementary schools.
ACTION: 1) Adopt the Mental Health Services Act (MHSA) Annual Update 2012/2013, and 2) approve its submission to Mental Health Services Oversight & Accountability Commission (MHSOAC).
MOVED BY: Chapman SECONDED BY: Pyle UNANIMOUS: Yes
BEHAVIORAL HEALTH
ACTION: 1) Approve adjusting Behavioral Health Staffing Plan by eliminating the Alcohol & Other Drugs Director position #9090 within the Department Heads/Confidential Employees bargaining unit in the AOD budget; and 2) approving the replacement of the eliminated position within the Behavioral Health Clinical Supervisor position #9090 in the Management and Professional Association bargaining unit.
MOVED BY: Pyle SECONDED BY: Chapman UNANIMOUS: Yes
PUBLIC HEALTH
Senior Public Health Nurse Cheryl Damm: Presents information on child abuse prevention. Also reports on First Annual Fatherhood Free Conference April 27, 2013 at Lassen Community College;
the theme is “What a Difference a Dad Makes”; there will be community agencies, speakers and presenters.
ACTION: Adopt Proclamation declaring April 2013 as Child Abuse Prevention Month Strengthening Families in Lassen County.
MOVED BY: Chapman SECONDED BY: Wosick UNANIMOUS: Yes