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HomeMy WebLinkAboutLetter from Sup. Doug Teeter - 121018 to Perdue - BCFSC Doug Teeter Supervisor, Fifth District Board of Supervisors���� U|�����1����� �����. �� ��� ��" � ��~�. " . Butte County 747 Elliott Road T: 530.872.6304 dteeterPbuttecourk .net Paradise, California 96969 F: 530.872.6339 buttecounty.net/boardofsupervisors December 10, 2018 The Honorable Sonny Perdue, Ill Secretary of Agriculture U.S. Department of Agriculture 1400 Independence Avenue, S.W. Washington, D.C. 20250 RE: Butte County Fire Safe Council Dear Mr. Secretary: The purpose of this letter is to thank you for your recent visit to Paradise, California, and to ask for your assistance with an issue the Butte County Fire Safe Council has regarding grant payments with the United States Forest Service (through its grant clearinghouse,the California Fire Safe Council). During your visit to Paradise, you met Calli- Jane DeAnda, the Executive Director of the Butte County Fire Safe Council and heard about the council's successful work in installing a fire-break near Paradise Lake. The Butte County Fire Safe Council's work has been vital for educating residents and making the community more fire safe. Unfortunately,that work has been jeopardized by the California Fire Safe Council's unilateral decisions associated with a grant the Butte County Fire Safe Council secured. California Fire Safe Council runs the Q.S. Forest Service's grants in California. California Fire Safe Council approved a personnel change for the grant three separate times, and then reversed course when the grant work was essentially done for a perceived conflict of interest. As a result, California Fire Safe Council determined that the Butte County Fire Safe Council should be penalized and forego in excess of S125,000 in grant funds. Butte County Fire Safe Council protested this decision,to no avail. Further, Butte County Fire Safe Council has not been provided with an appeal right for this decision. In addition to the due process concerns,this decision puts the Butte County Fire Safe Council in a precarious financial position,which jeopardizes its future and ability to continue to make our County more fire safe. On May 25, 2018, I sent a letter to U.S. Forest Service Regional Forester Randy Moore and asked for feedback regarding the lack of due process and fairness in California Fire Safe Council's treatment of the Butte County Fire Safe Council. | did not receive a response. OmAugust 31, 38l8, | made aFOUArequest tothe U.S. Forest Service for additional information relating to the Butte County Fire Safe Council's grants. To date, I have not received a response. During your visit, you had the opportunity to witness the complete devastation of the Camp Fire. Organizations like the Butte County Fire Safe Council help protect communities that are vulnerable to wild fires. While such organizations should enjoy the support of granting agencies, we have had a confusing and disappointing experience and a pointed lack of support from the U.S. Forest Service and California Fire Safe Council. I am requesting your help to obtain responses to my requests,from the U.S. Forest Service, and in providing a higher level of fairness and due process to grantees doing important wild fire safety work. If you have any questions, or would like additional information, please do not hesitate to contact me at (530) 552-5000. Thank you. Sincerely, \ / / ` Doug Teeter Butte County Supervisor, District 5 cc: Britt Carter,Associate Director,White House Office of Intergovernmental Affairs Congressman Doug LaMalfa Senator Diane Feinstein Senator Kamala Harris Randy Moore,U.S.Forest Service Butte County Board of Supervisors Attachments: May 25,2018 letter to Randy Moore August 30,2018 FOIA request March 20,2018 letter to California Fire Safe Council Bcc:Shari McCracken, Brian Ring Doug Teeter Supervisor, Fifth District Board of Supervisors StlAttoiCotinty 747 Elliott Road iteP te @NJ tiocouni ysid Paradise,California 96969 nt net/boa rdcfsu pemscif s May 25, 2018 USFS Region 5, Pacific Southwest Randy Moore, Regional Forester 1323 Club Drive Vallejo,CA 945924110 RE: USFS Authority in Grant Appeal Process and Appeal Decision-making/Penalty Options and Clarification. Dear Regional Forester Moore, In previous correspondence to you,and telephone conferences with appropriate staff, I have sought clarification of applicable Code of Federal Regulations("CFR") and penalties for non-compliance in a grant dispute resolution. Thank you for those discussions. As you have been Cc'd the attached letters from Butte County Counsel,you can see the two entities are no closer to reaching an agreement. My understanding from Laura Page,of CongressmaneLaMalfa's office,was that she was expecting an answer from you H regarding the first issue raised below, owver, at the time of writing this letter, I have not heard she has received your reply. Since Butte County Counsel's last letter to the California Fire Safe Council ("CAFSC")was sent on May 8, 2018, I believe waiting further would not be beneficial to the fiscal crisis Butte County Fire Safe Council ("BCFSC") has been placed in. The purpose of this letter is to solicit your response as the Administrative authority to the following issues: 1. A Pass-Through Agency makes statements that USFS staff unconditionally supported their decisions,with no written report or statement from the USFS; Especially, with regards to disallowing 15-1/VW Yankee Hill Fire Safe Council Invoices predating the Conflict of Interest date as well as disallowed costs within the 15-SFAX grant. 2. A Pass-Through Agency that doesn't answer questions pertinent to the dispute; Butte County Fire Safe Council's attorney hos provide numerous evidence that YHFSC was involved in administration of the 15-INUI grant and CAFSC has not responded to our evidence. USFS—R-5 Randy Moore letter May 25, 2018 Page 2 of 3 CAFSC has not provided a list of disallowed costs for the 15 SF,4X grant. CA FSC has not provided proof of a Conflict of Interest in the 15 SFAX grant. 3. No formal appeal process exists;and I find it hard to fathom that CAFSC considers the facilitated telephone conference an appeal. The email attached, dated March 13,from Trudie Mahoney to Mr. Gort and Mrs. DeAnda;outlined the intent of the call. There was no mention that it was to be considered an appeal. Especially problematic is that at the time of the facilitated call, CAFSC had not provided a complete list of disallowed charges. The list was first provided with Mr. Gort's letter, to my office, dated Sept.8, 2017. The USFS should serve as a neutral Administrative authority in sub-grant disputes. Primarily, when the USFS grants a mediation, it should be required to make sure that all parties understand whether, or not, they will be handing down a formal decision. The mediation process should be transparent, documented, and any decisions reached should be issued in writing by the mediator (USFS)to all participants. No such courtesy was been provided in the BCFSC vs. CAFSC 'facilitated teleconference"decision(s)of March 21,2017. 4. A punishment that far exceeds the crime. The CFR penalty section uses "May"not"Shall"in regards to the penalties that may be applied when CFR's are not followed. Butte County Counsel has provided evidence how BCFSC has relied to its detriment on CAFSC grant managers and their guidance and approvals. Why is BCFSC bearing the entire burden over a "perceived"conflict of interest where no evidence of personal benefit exists? Separately, I am requesting that the USDA/USFS develop a Grant User's Manual that provides a flow chart diagram of the Grant process,from Funding to Agency to Department to Award/sub-award. Also,a chart showing the Administrative authorities used in the specific Grant guidance;including the Title/Code of Federal Regulations(CFRs). A flow chart of the dispute resolution processes,including information of:who to Appeal to/with contact information; what to expect in a Desk Review; and what to expect in an Audit. Much the same as an Adjudication,the manual should explain what the difference is between a Mediated Conference and a formal APPEAL. The manual should provide sample letters and documents that the Auditor sends to the Auditee to request an audit,and other necessary sample documents to make the review/audit processes transparent to all parties involved in the utilization of awarded grant funds. The same manual should be developed and shared with Awardees and Sub-awardees, alike. The Non- profit awardee,for funneled sub-grant awards,should not be allowed to develop their own set of rules for Sub-awards, keeping the line of authority within the federal regulations and federal agencies. My experience with the recent CA Fire Safe Council,a non-profit grant awardee,has been frustrating and fraught with evasion and obfuscation to these simple questions. There have been no identifiable parameters for application of penalties and appears to be exercise of discretion with no boundaries. I hope that as the Administrator of your Region, R. Moore ltr. May 25, 2018 Page 3 of 3 you will see the value a simple thing like an approved USFS Grant User's Manual can provide to training and the structure and consistency in relationships garnered with its' use. Lastly, I look forward to your response. Sincerely, 4--- Doug Teeter, Supervisor, District 5 cc:Congressman LaMalfa BCFSC Bruce Alpert,Butte County Counsel Attachments: BC Counsel letters:March 20,2018 and May 8,2018; 03-13-2017 email Trudie Mahoney; 04-19-2018 CA FSC Letter 1141., 111110".000,000 Doug Teeter Supervisor, Fifth District -440000 4,4,p0) Board of Supervisors 747 Elliott Road T: 530.872.6304 dteeter@buttecoLtntY,ngt AILIFORNKA . Paradise, California 96969 F: 530.872.6339 bunecoun tyilel.iiPoardC45.V.PPrvItsCH.S August 30,2018 VIA EMAIL COMMU1 ICATION USDA/Forest Service,Pacific Southwest Region(5) Attention:R-5 FOIA Service Center Liaison 1323 Club Drive Vallejo,CA 94592 Email:R5 FOIA(WsJed.us Dear FOIA Liaison: Under the Freedom of Information Act, I am requesting access to the following: 1. Any documents,emails,texts,instant messages,voice recordings,or other records or information between the California Fire Safe Council,the USDA/Forest Service,Plumas National Forest,or the Pacific Southwest Region that relate to the Butte County Fire Safe Council subzgrant awards commonly referred to as the"15-WU11-0003";the"15-5FAX-37813";and the"14-SFA-0007". We would prefer to receive the documents electronically if possible. I understand that if there are any fees of$25.00 or more, charged for searching or copying the records,you will let me know before you fill my request. I would like the opportunity to request a fee waiver,as appropriate. lf,you deny any part of this request, please cite each specific reason that you think justifies your refusal to release the information. Please notify me of the appeal procedures available under the law. If you have any question processing this request,you may contact me at the following telephone number:(530)872-6304. Sincerely, Doug Teeter, Supervisor, District 5 cc: USDA/Forest Service,WO-FOIA liaison Email we toiall/btridos USDA/Forest Service,PNF—FOIA Coordinator Email: ir9scilfa,mcV COUNTY COUNSEL OreqTMY,;„ CHIEF DEPUTY COUNTY COUNSEL BRUCE S.Al.PERT , „4,i+d%ir.rW(p0/1' 1010,',0/111"' FELIX WANNENMACHER ' )".11,111 KATHLEEN KFHOE CREUSON ASSISTANT COUN1"Y COUNSEL ROGER S.WILSON BRAD J. STEPHENS 111011'11, Ammememmor DEPUTY COUNTY COUNSEL VIRGINIA I. GINGERY OFFICE OF THE COUNTY COUNSEL COUNTY OF BUTTE 25 COLIN"11'CENTER DRIVE,SUITE 210 OROVILLE,CALIFORNIA 95965 PHONE:(5311)538-7621 FAX:(530)53g-6891 March 20, 2018 Board of Directors California Fire Safe Council 5834 Price Avenue, Suite 101 McClelland CA 95652-2442 Re, Butte County Fire Safe Council protest letter Dear Members of the Board: The purpose of this letter is to provide the Butte County Fire Safe Council's (Butte County FSC") objections to the California Fire Safe Council's ("CAFSC'') unreasonable and changing positions regarding grant 1541/1U1 0003 and disallowed expenses totaling $125,406. Further, Butte County FSC requests an opportunity to be heard at CAFSC's next board meeting held in Sacramento, California, It is important to note that the critical work Butte County FSC accomplished pursuant to the grant made Butte County citizens more fire safe. Butte County FSC accomplished fuel reduction on 461 acres of land and completed a wildfire education program. It is important to note that Butte County FSC has not been accused of bad faith or malfeasance. Butte County FSC regrets its oversight but stresses that it has been performing and negotiating in good faith throughout this process Butte County FSC was in regular contact with each of CAFSC's six grant managers during the grant period, worked in good faith to provide any information CAFSC required and followed guidance from grant managers. Butte County FSC submitted all quarterly reports with back up documentation for the project in Zoomgrants throughout the grant's lifetime, so all CAFSC staff had access to all of the information on the project long before the decision to disallow expenses. The grant was active from 2014 through 2016 and was approaching completion in October 2016 when CAFSC began to disallow costs in September of 2016. CAFSC's inflexible reaction to this unfortunate issue has damaged the fire safe mission in Butte County and its surrounding region. Butte County citizens and its neighbors face a serious threat of wildfire and CAFSC's decision has reduced Butte County FSC's ability to provide fire safe services and put Butte County FSC's ongoing operations at risk. The payments to vendors have been made and are no longer available to Butte County FSC, and as a result Butte County FSC must utilize general fund cash to provide the refund. CAFSC is aware that by withholding all funds, Butte County FSC was forced to seek a line of credit to carry on its 1 T everyday operations. Surely putting Butte County FSC's ongoing existence at risk is not a proportionate or reasonable response to this oversight. Since CAFSC has full discretion, it could have chosen to respond to the situation with in a less punitive way. CAFSC has disallowed expenses related to the partnership with Yankee Hill Fire Safe Council which amounts to seventy-five percent (75%) of the total amount disallowed. CAFSC was aware that Yankee Hill FSC was partnering with Butte County FSC on a significant portion of the work on the project for grant 15-WUI 0003. Butte County FSC's State Fire Assistance Grant Application (the"Grant Application") submitted on July 29, 2013 for the Concow Hazardous Fuel Removal— Phase VI (Camelot) project was very clear that the Yankee Hill community was one focus of the grant work and that Yankee Hill FSC was going to be partnering on a significant portion of such work: • Budget Narrative: "(Contractual=$170,990): Chipping/Log Moving contractors = $58,350, YHFSC fuel break management, (2) monitors, and education outreach supports total(4)persons =$55,000..." (p. 2 of Grant Application)jemphasis added] • Relation to Forest Action Plan/CWPP: "The Butte County Fire Safe Council Chipper Program, Yankee Hill Fire Safe Council Concow Hazardous Fuel Removal...are all listed in our county-wide Community Wildfire Protection Plan that is combined with the CAL FIRE/Butte Unit Plan." (p. 2 of the Grant Application) • Landscape: "Phase VI ties directly to ongoing efforts within Concow and supports other fire prevention efforts around the community. Phases Ill and iV were grants awarded to Yankee Hill Fire Safe Council and funded by USFS and they both directly tie together with Phase VI. The Phase VI project is adjacent to USFS's Concow Project. The USFS Concow Project benefits Concow, Yankee Hill, and Paradise." (p. 3 of the Grant Application)[emphasis added] • Project Collaboration: "Butte County and Yankee Hi11 Fire Safe Councils are partners on grant management and will conduct specific responsibilities to manage the project successfully...YHFSC-will coordinate fuels reduction w/Camelot and TWSD, revise evacuation plan, and track volunteer efforts from the community (Match)..."(pi. 4 of the Grant Application)[emphasis added] • Project Sustainability: "Camelot HOA has resources to maintain the meadows and they will budget to conduct maintenance on the common areas. YHFSC will help monitor to meet with them and guide the process as it also needs to be maintained to be recognized by CAL FIRE as a safe zone in the community evacuation plan...YHFSC is committed to receive verbal commitment from residents that they will maintain fuels reduction on their parcel. YHFSC will continue to monitor the project and provide One-on-one education to discuss the importance of maintenance and provide "how to's" will be ongoing." (p. 4 of the Grant Application)f emphasis added] As noted above, Butte County FSC's grant application clearly stated that (1) Yankee Hill FSC would perform a portion of the grant work, (2) previous grants were awarded to Yankee Hill FSC (and the current grants directly tied into that work), (3) Butte County FSC and Yankee Hill FSC would be partners on grant management and (4) Yankee Hill FSC was to be responsible for various grant work tasks. In addition to the Grant Application, Butte County FSC provided CAFSC with additional information regarding Yankee Hill FSC's role in its grant proposal to CAFSC submitted on July 4, 2014 (the "Grant Proposal'). Based on the information in the Grant Proposal, CAFSC knew that Yankee Hill was a focus of the grant work and Yankee Hill FSC would be responsible for a 2 r � portion of the grant work pursuant to an MOU with Butte County FSC, The Grant Proposal stated in part: • 25a What is the problem?"Local fire professionals have expressed their concerns for the community and their safety and challenges in trying to fight a wildfire under the current vegetation conditions. Historically, Concow/Yankee Hill have burned frequently where fires come from the northeast side of the community driven by canyon and jarbo gap winds threatening the east side of Paradise. The fuel conditions include dense brush, a variety of oaks, and overstocked aged mixed conifer that can contribute to crown fire activity making it more difficult for fire fighters to protect the community safely..." • 25b What is the prescription for treatment? "2—Treat(199.5) acres with Chipping: Landowners in Concow, Yankee Hill, and Paradise will cut and pile brush affecting 150 parcels connecting to the fuel break to create a larger landscape impact averaging 1.33 acres per parcel. The fuel reduction goal activities will complement the wildfire education and planning (B) goal to get resident to take education into action..." • 25d How will the project be maintained after the grant is complete? "Camelot HOA has resources to maintain the meadows and they will budget to conduct maintenance on the common areas. YHFSC will help monitor to meet with them and guide the process as ft also needs to be maintained...YHFSC is committed to receive verbal commitment from residents that they will maintain fuels reduction on their parcel. YHFSC will continue to monitor the project and provide One—on-one education to discuss the importance of maintenance and provide "how to's"will be ongoing. Resources will be given to property owners includes hand-outs on fuel reduction timing and methods for invasive plant control (herbicides, grazing and pruning..." • 30. Workplan Sequential Tasks/Activities Timeframe (months 1-24) Responsible Party Photo monitoring, "success Months 1-6 Butte County and Yankee story" development, firewise Hill Fire Safe Councils education Fuels reduction and firewise Months 6-12 Butte County and Yankee education Hill Fire Safe Councils, Camelot Home Owners Association Fuels reduction and firewise Months 12-18 Butte County and Yankee education Hill Fire Safe Councils, Camelot Homeowners Association • 41. List communities that are directly affected by your project's deliverables. a. Prevention and Education Programs "Paradise, Concow and Yankee Hill" b. Hazardous Fuel Reduction Projects "Paradise, Concow and Yankee Hill..." CAFSC has disallowed expenses related to Butte County FSC's interim Executive Director, Brenda Rightmyer, who was hired to fill a six-month term while the Executive Director was on maternity leave, which amounts to 17% of the disallowed expenses. Butte County FSC acknowledges the CAFSC's position to be that any expenses related to Rightmyer Consulting are unallowable due to a perceived potential conflict of interest. Butte County FSC has 3 objections to this assertion as more fully set forth below. In addition to having knowledge of the facts described above, CAFSC also was aware that Rightmyer Consulting has had significant involvement in the fire safe community, including • CAFSC, Butte County FSC and Yankee Hill FSC. Indeed, CAFSC approved Rightmyer Consulting as Interim Executive Director of Butte County FSC not once, but twice during the process. Butte County FSC believes it is unfair to take the position that all grant money related to Ms. Rightmyer must be refunded when CAFSC was in possession of the information described herein and approved her appointment on two separate occasions. On March 18, 2016, CaIli-,lane DeAnda contacted Alex Horangic' to notify CAFSC that she would be on maternity leave in two months and asked for confirmation of the process for identifying Rightmyer Consulting as the new point of contact until December 2016. Ms. Horangic replied that Butte County FSC should change the primary contact info in the Zoomgrants account. Butte County FSC did make the change of primary contact to Ms. Rightmyer on the Zoomgrants account and Ms. Horangic approved such change. Additionally, on July 13, 2016, based on its communications with Anne Pandey of CAFSC, Butte County FSC submitted a Request for Prior Approval of Grant Period Extension and/or Change of Project Scope or Budget ("Request for Approval"} to name Rightmyer Consulting, Interim Executive Director as the Project Contact. The Request for Approval is marked "Approved as requested" and signed by Anne Pandey, Grant Manager on July 20, 2016. After this issue was raised with CAFSC, Mr, Gort stated in his October 27, 2016 email communication to Mr. Wilson: "Yes, the change approving B. Rightmeyer as interim was approved—and then not. That one would be on us. At the time we did not realize that she was a paid contractor who would be filling-in and approving invoices. We should have "drilled deeper" on the request." Given the fact that CAFSC missed the potential conflict of interest as well and approved Ms. Rightmyer twice, Butte County believes CAFSC's position is horribly unfair. Further, after notice of the potential conflict, Butte County FSC took the corrective action requested by CAFSC. As noted in Darrel Wilson's letter to CAFSC of October 13, 2016, in response to a phone conversation with Mr. Gort, Butte County FSC tightened its internal controls by having officers authorized to sign checks review and approve payment request forms. Further, Mr. Wilson noted that"Valerie Glass, Assistant Executive Director will serve as the Interim Executive Director specifically for the 1SWUI project"to address any potential conflict of interest. Butte County FSC complied with all of CAFSC's requests to mitigate any potential conflict of interest. On November 10, 2016 Thelma Clark of CAFSC emailed that Ms. Glass was the "authorized person at this point"when discussing the 1 5WUI grant. Despite this, your letter of September 8, 2016 states that Butte County FSC did not"replace the person in conflict (after saying they had) and then submitted invoices requesting payment for that person's time." This is not correct. Butte County FSC did exactly what it agreed to do on the telephone-- remove Ms, Rightmyer from the grant and replaced her with Ms. Glass. If it is CAFSC's position that Rightmyer Consulting could not serve as interim Executive Director for Butte County FSC at 1 Ms. Horangic was the grant manager at this time. CAFSC assigned six(6)different grant managers to Butte County FSC's grant work. Although Butte County FSC appreciates the work the grant managers performed,at times they provided conflicting advice and guidance, which Butte County FSC relied on in carrying out its grant work. 4 all or handle our organization's many grants and programs, Butte County FSC never received such direction. The desk audit process carried out by CAFSC has been very inconsistent with multiple conflicting directives over an unreasonable period of time from September 2016 to present. For example, Butte County FSC received one set of desk audit information in the fall of 2016 which Butte County FSC responded to, but did not receive feedback from CAFSC on the response. Instead, CAFSC provided a second set of desk audit information in January 2017 with different questions. CAFSC directed Butte County FSC to update project documentation with additional information and then decided those changes were not necessary. CAFSC's grant managers unclear statements and conflicting communications made it difficult to resolve many issues. Further, at no time did Butte County FSC receive notice that the grant had been suspended. The entire desk audit process was very unclear and inefficient. Despite the grant work ending in October 2016, CAFSC began the desk audit process in September 2016 and continued the audit well into 2017. Finally, CAFSC recently notified Butte County FSC that approximately $10,000 of charges on 16-SFAX-37813 Defensible Space Chipper and Residents Assistance Program grant have been disallowed due to a conflict of interest. Butte County FSC objects to this determination in the strongest terms. Although Rightmyer Consulting was serving as the interim Director during the term of this grant, Yankee Hill FSC had nothing to do with the work on this grant. The chipper program was in operation from 2015-2017 and ended in August of 2017. Butte County FSC received an e-mail from CAFSC on January 23, 2018 (more than six months after the grant work was completed) disallowing $10,000 of costs, The timing of the decision and lack of specific information is disconcerting. Butte County FSC loaded all source documentation into Zoomgrants with each quarter report. Please provide a specific itemized list of the disallowed expenses so Butte County FSC may account for them in its accounting system. Additionally, please provide a written explanation with supporting legal references as to why Rightmyer Consulting would be considered to have a conflict of interest in this grant and related costs disallowed. Finally, Butte County FSC requests that CAFSC make payment on the program as soon as possible. Butte County FSC advanced $27,000 in funds to support the grant work and had requested advance payments in January 2017 and is still waiting for payment a year later. As CAFSC has not objected to $17,000 of expenses, Butte County FSC formally requests that CAFSC process the $17,000 payment as soon as practicable. Although Butte County FSC regrets its oversight, its overarching goal has always been to serve the community by providing fire safe programs. If Butte County FSC is forced to close its doors as a result of this penalty, it will not serve the community or CAFSC's goals. Based on the foregoing, Butte County FSC appeals CAFSC's demand. if there is a formal process Butte County FSC may utilize to appeal your Executive Director's decision, please forward this to the -appropriate office and/or provide the undersigned with such appeal information, as to date, Butte County FSC has not been provided with this information despite its requests. 5 If you have questions or would like additional information, please contact the undersigned or the Chairman of Butte County FSC, Darrel Wilson. Very truly yours, BRUCE S. ALPERT Butte Count Counsel By: 6.4 ^ K-thleen Kehoe Greeson Chief Deputy County Counsel cc: Stephen Gort, CAFSC Executive Director Representative Doug LaMalfa Assemblymember James Gallagher Senator Jim Nielsen US Forest Service —Wendy Yun US Forest Service Pacific Southwest Region 5 -Randy Moore US Forest Service - Robert Baird Butte County Board of Supervisors Paradise Town Council Darrel Wilson, Butte County FSC Chairman of the Board 6