HomeMy WebLinkAboutM052113 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
9:00 A.M.—CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive,
Oroville.
Members present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1310-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THE DEPARTMENT
OF BEHAVIORAL HEALTH REQUESTED ITEM 3.17 (AGREEMENT WITH YOUTH FOR CHANGE) BE
REMOVED FROM TODAY'S AGENDA. NO ACTION WILL BETAKEN.
MR. HAHN READ THE FOLLOWING CORRECTIONS INTO THE RECORD: ON ITEM 3.18,
(REAPPOINTMENT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT LOCAL TASK FORCE)
THE APPOINTEE'S SURNAME IS "HABRIEL," NOT"HABRIELSON," AND ON ITEM 3.24 (AUTHORIZE
AMENDMENT TO CONTRACT WITH DANIEL E. DUSINA): THE TERM DATE OF THE AGREEMENT
ENDS ON JUNE 31, 2014 NOT 2013.
1310-002 CONSENT AGENDA
1. Budget Adjustment and Capital Asset Purchase - On January 4, 2013, a department vehicle sustained
damage due to an accident that resulted in the total loss of the 2003 truck. The County recovered
$6,480.33 from the other party's insurance as the value of the vehicle. On June 11, 2012, another
department vehicle was involved in an accident that resulted in the total loss of a 2011 truck. The
County recovered $4,732 from the April 2013 BidCal Auction sale of the salvaged vehicle. On March
12, 2013, the Board declared the vehicles surplus to the needs of the County and authorized disposal.
Board approval is requested for the capital asset purchase of two replacement vehicles in the total
amount of $42,200. Board approval is also requested to accept the unanticipated revenue from the
insurance and auction proceedings and appropriate the funds into the Agricultural budget to assist in
funding the replacement vehicles.
2. Megabyte Systems, Inc. - Megabyte Systems, Inc. provides the software package for the tax cycle
departments in the County of Butte. Approval is requested for the annual renewal of the Property Tax
System Maintenance/Support agreement between the County of Butte and Megabyte Systems, Inc.
for the term beginning July 1, 2013 and terminating June 30, 2014. The agreement contains an
increase of 1.7% in accordance with the Pacific Cities and U.S. City Average Consumer Price Index.The
maintenance agreement and database support total is $203,291.64. The Assessor's portion is
$77,250.83 (38%); the Auditor's is $65,053.32 (32%); and the Tax Collector's is $60,987.49 (30%). The
Tax Collector is responsible for 100% of the web services agreement of$4,346.59, and the Assessor's
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
Office is responsible for 100% of the business property filing maintenance support agreement of
$2,021.64. The contract also includes rates for any extra services requested outside of the scope of
the contract.
3. Thomas Michael Buckley, M.D - Amendment A -Thomas Michael Buckley M.D., is a licensed medical
doctor who provides services in the specialized field of psychiatry, as required for adult clients at the
Butte County Department of Behavioral Health (BCDBH) Oroville Adult Outpatient Clinic. BCDBH
requests approval to amend the agreement with Dr. Buckley for the provision of psychiatric services
for FY 2012-13. The maximum financial obligation under this agreement shall not exceed $59,940
(department budget utilizing Federal Medi-Cal revenue). This is an increase of $5,940. The
amendment is necessary due to additional need for Dr. Buckley's services.
4. Thomas Michael Buckley, M.D. - BCDBH requests approval of an agreement with Dr. Buckley for the
provision of psychiatric services. The term of this agreement will be July 1, 2013 through June 30,
2014. The maximum financial obligation under this agreement shall not exceed $59,940
(recommended department budget utilizing Federal Medi-Cal revenue).
5. Clean King by DeHart, Inc. - Clean King, established in 1989, provides a variety of services from
commercial office cleaning to carpet restoration services throughout Butte County. BCDBH requests
approval of an agreement with Clean King to provide housekeeping services for the Psychiatric Health
Facility as regulated by State law. The term of the agreement is July 1, 2013 through June 30, 2014.
The maximum financial obligation under this agreement shall not exceed $49,990 (recommended
department budget utilizing Medi-Cal and Realignment revenue).
6. Counseling Solutions - Counseling Solutions, a nonprofit agency established in 2002, provides mental
health services to Butte County youth living in the foster care system. Counseling Solutions helps
children, adults and families work through issues that cause barriers to healthy relationships. BCDBH
requests approval of an agreement with Counseling Solutions to provide mental health services to
Medi-Cal eligible children. The term of this agreement is July 1, 2013 through June 30, 2014. The
maximum financial obligation under this agreement shall not exceed $337,039.50 (recommended
department budget utilizing Medi-Cal and Realignment revenue).
7. FamiliesFirst, Inc. - Amendment A - FamiliesFirst, Inc. offers mental health treatment, foster care and
social services that help families recover from trauma, abuse and addiction, and rebuild their lives.
FamiliesFirst, Inc. provides a living environment for severely emotionally disturbed children, ages 8
through 18, who are not able to succeed in family situations, foster homes, group homes, and/or
lower levels of care. The youth served by FamiliesFirst, Inc. have significant mental, behavioral and/or
emotional disorders that result in the need for 24/7 supervision in conjunction with intensive mental
health services. BCDBH requests approval to amend the agreement with FamiliesFirst, Inc. to provide
day treatment intensive services, mental health services, medication support and crisis services to
clients referred by BCDBH. The agreement is being amended due to an additional client placement.
The maximum financial obligation under this agreement shall not exceed $107,120.09 (department
budget utilizing state and federal Medi-Cal revenue).This is an increase of$17,120.25.
8. Feather River Tribal Health, Inc. (FRTH) - FRTH operates a licensed accredited California Community
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
Clinic, providing health care and mental health services to local Native Americans and the general
public within their community. FRTH has psychiatrists, licensed clinical social workers, mental health
therapists, and substance abuse counselors to assist children, adults, and families with mental health
issues. BCDBH requests approval of an agreement with FRTH to provide mental health services to full
scope Medi-Cal eligible children. The term of this agreement is July 1, 2013 through June 30, 2014.
The maximum financial obligation under this agreement shall not exceed $397,873.95 (recommended
department budget utilizing federal Medi-Cal revenue).
9. George Richard Heitzman, M.D. - Amendment A - George Richard Heitzman, M.D., is a licensed
medical doctor who provides services in the specialized field of psychiatry as required for adult clients
at the BCDBH Oroville Adult Outpatient Clinic. BCDBH requests approval to amend the agreement
with Dr. Heitzman for the provision of psychiatric services for FY 2012-13. The maximum financial
obligation under this agreement shall not exceed $182,385 (department budget utilizing federal
Medi-Cal funds). This is an increase of $21,870. The amendment is necessary due to additional need
of Dr. Heitzman's services.
10. George Richard Heitzman, M.D. - BCDBH requests approval of an agreement with Dr. Heitzman for the
provision of psychiatric services. The term of this agreement is July 1, 2013 through June 30, 2014.
The maximum financial obligation for this agreement shall not exceed $182,385 (recommended
department budget utilizing federal Medi-Cal funds).
11. Thomas Lancaster, M.D. -Thomas Lancaster is a licensed medical doctor who provides services in the
specialized field of psychiatry as required for adult clients at the BCDBH Oroville Outpatient Center,
Gridley Outpatient Center, and participates in after-hours and on-call shifts on a rotating schedule at
the Psychiatric Health Facility. BCDBH requests approval of an agreement with Dr. Lancaster for the
provision of psychiatric services. The term of this agreement will be July 1, 2013 through June 30,
2014. The maximum financial obligation under this agreement shall not exceed $340,920
(recommended department budget utilizing federal Medi-Cal funds).
12. Modesto Residential Living Center, LLC-Amendment A- Modesto Residential Living Center (RLC) is an
adult residential care facility serving mental health patients which provides a structured program
twenty-four hour per day, seven days per week to assist clients to develop the skills necessary to
transition from supervised 24-hour care to independent living. BCDBH requests approval to amend
the agreement with Modesto RLC to provide additional board and care services for FY 2012-13. The
maximum financial obligation under this agreement shall not exceed $27,572.50 (department budget
utilizing Realignment revenues). This is an increase of $7,450. This amendment is necessary due to
additional board and care services needed.
13. Northern Valley Catholic Social Service (NVCSS) - NVCSS provides low-cost or free mental health,
housing, vocational and support services to individuals and families in California's Northern
Sacramento Valley. NVCSS was founded in 1986 and now serves six northern California counties.
BCDBH requests approval of an agreement with NVCSS to provide mental health services to children
in urban areas, rural communities, and multiple school districts within Butte County. The term of this
agreement is July 1, 2013 through June 30, 2014. The maximum financial obligation under this
agreement shall not exceed $1,843,450.80 (recommended department budget utilizing federal Medi-
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
Cal revenue).
14. Superior Court of California, County of Butte - Superior Court of California, County of Butte (the
Court), has received a grant from the Administrative Office of the Courts for a Collaborative Justice
Courts Substance Abuse Focus Program to be used in conjunction with Butte County's Treatment
Court (also known as Prop 36 Treatment Court). The Treatment Court Program began operations in
October 2001 and serves men and women, 18 and over, who have appeared before the criminal court
with a misdemeanor or felony charge for drug possession or under the influence charges and are on
formal probation as a result of their conviction. Clients who successfully complete the program will
earn dismissal of their conviction. BCDBH provides services to clients of the Treatment Court as a
component of this grant. BCDBH requests approval of an agreement with the Court which will fund
0.43 Behavioral Health Counselor position. For the performance of these services,the Court agrees to
pay BCDBH up to a maximum compensation of$29,684.68.The term of this agreement is July 1, 2012
through August 31, 2013.
15. Valley Oak Children's Services (VOCS) - VOCS is a private non-profit agency serving Butte County
whose primary function is to support, empower and advocate for children, families and child care
providers through education, resources and the promotion of quality child care services. VOCS
provides support to licensed child care centers, family child care homes and informal child care
providers on dealing with and managing children with challenging behaviors. BCDBH requests
approval of an agreement with VOCS to provide mental health services to full scope Medi-Cal eligible
children. The term of this agreement is July 1, 2013 through June 30, 2014. The maximum financial
obligation under this agreement shall not exceed $56,780 (recommended department budget utilizing
federal Medi-Cal revenue).
16. Victor Community Support Services, Inc. (VCSS) - VCSS provides a wide array of community based
mental health and family support services. Working in a close partnership with BCDBH, VCSS
addresses the mental health needs of children and their families. BCDBH requests approval of an
agreement with VCSS to provide school-based mental health services to Medi-Cal eligible children.
The term of this agreement is July 1, 2013 through June 30, 2014 (recommended department budget
utilizing federal Medi-Cal revenue). The maximum financial obligation under this agreement shall not
exceed $2,204,386.38.
17. Reappointment to the California Integrated Waste Management Local Task Force -At the nomination
of Supervisor Teeter, reappoint Ward VrTalariclseR Habriel as Public Member.
18. Employment Contract - Mike Crump, Director - Public Works - Board approval of an amendment to
the contract with Mike Crump, Director, Public Works, is requested. The salary of the position to
$155,920 per year, which is no change. The term of the contract is August 29, 2013 through August
28, 2016.
19. Employment Contract - Paul Hahn, Chief Administrative Officer - Board approval of an amendment to
the contract with Paul Hahn, Chief Administrative Officer, is requested. The salary of the position is
$221,340, which is no change. The term of the contract is September 13, 2013 through September
12, 2016.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
20. Employment Contract - Brian Ring, Director- Human Resources - Board approval of an amendment to
the contract with Brian Ring, Director - Human Resources, is requested. The amendment changes the
salary of the position to $128,322 per year, which is a 5% increase. The term of the contract is July 1,
2013 through June 30, 2016.
21. Employment Contract - Anne Robin, Director - Behavioral Health - Board approval of an amendment
to the contract with Anne Robin, Behavioral Health Director, is requested. The amendment changes
the salary of the position to $133,615 per year, which is a 2.5% increase. The term of the contract is
June 7, 2013 through June 6, 2016.
22. Authorize Amendment to Contract with Access Information Management - The District Attorney's
Office currently uses Access Information Management to provide secure shredding services. An
amendment to the contract is requested to continue the statutorily required service. The end date of
the current contract is June 30, 2013. The District Attorney's office wishes to revise the completion
date of the contract to June 30, 2014 and increase the not-to-exceed price by $2,300. The total not-
to-exceed amount of$16,664 is over the seven year life of the contract.
23. Authorize Amendment to Contract with Daniel E. Dusina - The District Attorney's Office has an
ongoing contract with Daniel E. Dusina to provide instruction for monthly financial management
classes required for clients of the Bad Check Program. The end date of this contract is June 30, 2013.
2014. The District Attorney's office wishes to revise the completion date of the contract to June 30,
2013 and increase the not-to-exceed price by $3,900. The total not-to-exceed amount of $36,000 is
over the 10 year life of the contract.
24. Youth for Change - Approval is requested for an agreement with Youth for Change to be one of two
providers of the Transitional Housing Placement - Plus (THP-Plus) Program.The THP-Plus Program was
established by the California State Legislature in 2001 and provides affordable housing and
comprehensive supportive services for up to 24 months to help former foster care and probation
youth, ages 18 to 24, make the successful transition from foster care, or other out of home
placement, to independent living. The term of the agreement is July 1, 2013 through June 30, 2015,
with a maximum contract amount of $445,680 ($222,840 for FY 2013-14 and $222,840 for FY 2014-
15).
25. Alliance For Workforce Development, Inc. - Approval is requested for an amendment to the
agreement with Alliance For Workforce Development, Inc. (AFWD) for the provision of a variety of
employment resource services to CalWORKs clients and the general public. AFWD is in charge of
developing employment opportunities with local employers and responsible for the placement and
supervision of participants for the purpose of gaining work experience. This amendment will allow
AFWD to increase the delivery of services to job seekers within Butte County. The term of the
agreement remains July 1, 2012 through June 30, 2013. The maximum amount payable for the
agreement is$268,200 (an increase of$108,200).
26. Budget Adjustment -The Department Employment and Social Services (DESS) has a Memorandum of
Understanding (MOU) with the Department of Behavioral Health (DBH), which provides alcohol, drug,
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
mental health, and domestic abuse treatment services to CalWORKs participants. DESS has identified
$73,400 of unanticipated CalWORKs revenue that can be used to expand services provided by DBH
within the existing terms and conditions of the executed MOU. The term of the agreement remains
July 1, 2011 through June 30, 2013. The maximum amount payable for the MOU will be increased to
$2,013,040 ($969,820 for FY 2011-12 and $1,043,220 for FY 2012-13). This is an increase of $73,400,
which is allowed by the existing MOU. These costs will be funded entirely by the CalWorks Mental
Health and Substance Abuse allocation and the Single Allocation.
27. Adoption of an Ordinance Amending Butte County Code, Chapter 51, "Contracts/Procurement Sunset
Pilot Project" -On May 7, 2013, an amendment to Chapter 51 of the Butte County Code was proposed
to extend the sunset date of the Contracts/Procurement Sunset Pilot Project Ordinance. The
extension provides for a longer audit period to ensure proper process and to provide additional time
to draft policy for Board consideration in the future. The Board waived the first reading of the
proposed amendment to the ordinance.
28. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. The following are the sections of the Salary Ordinance to
be amended.These changes will leave the total allocations in the County unchanged.
Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. The following are the sections of the Salary Ordinance to
be amended.These changes will leave the total allocations in the County unchanged.
Department of Employment and Social Services: requests to add one (1) position of Financial
Technician, Senior/Financial Technician. This position is being added to provide additional technical
support in the Fiscal Unit and also will allow for more complete cross training. Initially this change will
increase the allocations in the department by one (1) position until a departmental recruitment can
be conducted to fill the vacancy. Once the departmental recruitment is complete, the position that
was vacated will be eliminated at a future Board meeting. Funding for this position is included in the
Department's current fiscal year budget.
In addition the department requests to flexibly staff nine (9) Administrative Analyst, Senior positions
to Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate. Expanding
these positions to include all classifications in the series will provide the department with more
flexibility when hiring. There are no additional costs associated with this change. This change will
leave the allocations in the department unchanged.
The department is also requesting to delete one (1) vacant position of Supervisor, Employment
Services and add one (1) position of Supervisor, Employment & Eligibility. The department has a
greater need for supervision in Eligibility Services than Employment Services due to the increased
activity and numbers of staff. Funding for this position is included in the Department's current fiscal
year budget.This change will leave the allocations in the department unchanged.
Public Health: requests to delete one (1) vacant position of Manager, Program Development and add
one (1) position of Supervisor, Public Health Education Specialist. After a review of the level of
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
supervision required for the division, the department believes that position of Supervisor, Public
Health Education is the classification that best meets the needs of the department. This change will
have no fiscal impact on the County General Fund and will leave the total allocations in the
department unchanged.
Behavioral Health: requests to delete one (1) vacant position of Supervisor, Behavioral Health
Counselor from budget unit 541-011 and add one (1) position of Supervisor, Behavioral Health
Counselor to budget unit 541-012. In addition, the Department is requesting to delete one (1) vacant
Certified Nurse Practitioner. These changes will allow for appropriate expenditures in each budget
unit based on actual service delivery. These changes will decrease the total allocations in the
department by one (1) position and have no fiscal impact on the County General Fund.
Human Resources: requests to change the salary schedule to which the Program Manager, Probation
classification is currently tied. The Program Manager, Probation is a Safety position within the Butte
County Management Employees Association (BCMEA). This classification has been inadvertently tied
to the miscellaneous classifications salary schedule (Reference O Salary Schedule for Non-Safety
BCMEA Classifications of the Salary Ordinance) for BCMEA when it should be tied to the safety
classifications Salary Schedule (Reference O Salary Schedule for BCMEA Safety Classifications of the
Salary Ordinance). The classification is currently vacant and has been for many years. The salary
schedules began to differ between Safety and Miscellaneous employees over the past few years as
employees began paying their member contribution to PERS and received different salary increases
based on if the employees were paying a 9% member contribution (Safety) or 7% member
contribution (Miscellaneous). These differences necessitated the need to create two (2) separate
salary schedules for any bargaining unit that contains both Safety and Miscellaneous employees.
Sheriff-Coroner: The Sheriff's Office requests to reclassify one (1) position of Supervisor,
Administrative Analyst to Fiscal Manager. The Human Resources Department conducted an analysis
on the position and determined that the incumbent is working above the level of the Supervisor,
Administrative Analyst classification. This reclassification was agreed to by the Human Resources
Department. Funding for this position is included in the Department's current fiscal year budget. This
change will leave the total allocations in the department unchanged.
29. Unique Management Services Inc. - The Library requests an amendment to the agreement with
Unique Management, increasing the not-to-exceed amount by$33,000 (from $53,500 to $86,500), as
well as extending the contract end date to June 30, 2014. The increase of not-to-exceed $11,400 in FY
2012-13 is due to an increased amount of collection services in the current fiscal year and the not-to-
exceed cost of $21,600 in FY 2013-14 is to cover collection services in the next fiscal year. The
increases are covered within the department's budget. In addition, the amendment adds the
County's Temporary Standard Waiver to Contract Insurance Requirements to the agreement.
30. Literacy Services Budget Adjustment - The Board is requested to appropriate $20,000 in funds
received from the California Library Literacy Services.The funds will be utilized to pay for staffing and
materials for literacy programs and must be expended by June 30, 2013.
31. Sentinel Offender Services Amendment -The Probation Department requests approval to amend the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
contract with Sentinel Offender Services, for the provision of electronic monitoring services for
offenders supervised by Probation and the Sheriff. The amendment would increase the amount
payable by $32,851, to $72,851 for FY 2012-13 for Probation, and $721,851 total payable for the full
term of the entire contract, including Sheriff. This increase is due to the Probation Department's
expanded use of electronic monitoring devices, allowing for better management of offenders and
increasing public safety. The contract end date of June 30, 2013 will remain the same. Funding for
this amendment is provided through AB 109 funds already included in Probation's budget. No budget
adjustment is required, and there will be no General Fund impact.
32. Adoption of an Ordinance Amending Butte County Code, Chapter 45-Emergency Medical Response -
The current Emergency Medical Response Ordinance, also known as the Butte County Ambulance
Ordinance, has been in place in Butte County since April 27, 1993. A comprehensive update has been
prepared to bring the County's Ambulance Ordinance into alignment with State laws and regulations
regarding the oversight and provision of emergency response in Butte County. The revised ordinance
repeals sections 45-1 through 45-17 of Chapter 45, Emergency Medical Response from the Butte
County Code and replaces the sections with 45-1 through 45-81. The updated ordinance will address
the following areas, among others: clarification of roles and responsibilities of Butte County and the
Local Emergency Medical Services Agency (LEMSA) in oversight, planning and implementation of the
EMS system; updated language regarding the establishment of exclusive operating areas for
ambulance service; provision of ambulance service through competitive process utilizing the Butte
County LEMSA;the replacement of the County's Emergency Medical Services Committee (EMCC) with
an Emergency Medical Advisory Group (EMAG); ambulance service provider requirements, ambulance
service provider agreements, provider agreement applications and provider appeal processes with the
LEMSA; and standards related to emergency medical equipment, radios, personnel and crew quarters.
33. Targeted Case Management (TCM) program - Public Health requests the approval of an agreement
with the State of California Department of Health Care Services to participate in the Targeted Case
Management (TCM) program. The term of the agreement is July 1, 2013 through June 30, 2018.
Participation in the program allows Public Health to be reimbursed for TCM services provided to
eligible Medi-Cal beneficiaries. Reimbursement to Public Health is based on an approved cost report
and encounter rate done on a yearly basis.
34. Lumos and Associates - In 2011, the County was awarded a Disaster Recovery Initiative (DRI) Grant to
help recover from damages from the 2008 wildfires. A portion of this grant allowed the County to
repair and make other safety enhancements to Concow Road providing for safer ingress and egress in
the event of further disasters. On January 24, 2012, the Board awarded a contract for the design of
this project to Lumos &Associates in an amount not-to-exceed $293,310. On May 22, 2012,the Board
approved Amendment 1 incorporating additional work identified during a field review of the site for
an additional $20,500. Amendment 2 incorporated a no-cost change order that added an additional
employee position description to the contractual billing rate. The original federal legislation for the
DRI grant included language indicating that such projects were categorically exempt from the National
Environmental Protection Act (NEPA) process. The contractor and Public Works Department relied on
this language when developing the scope and budget for this project. However, the State Department
of Housing and Community Development, delegated to be the federal lead agency for this project, has
required that its 8-step process for NEPA clearance must be implemented for this project. This
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
contract Amendment 3 will compensate the contractor for the extra work required. This additional
work will increase the not-to-exceed price by$9,580, bringing the total contract to$323,390.
35. Award Contract for Design of a Temporary Cover for West Slope of Modules 1 and 3 at the Neal Road
Recycling and Waste Facility, County Project 757-5913-11 - Beginning in the early 1990s and again in
2002, the Department of Public Works implemented Corrective Action Plans (CAP) to minimize
potential impacts to groundwater from the unlined Modules 1, 2, and 3. The second CAP resulted in
final closure of Modules 1, 2, and 3 in 2007. In 2007, the west slope of Modules 1 and 3 received a
temporary cover which has degraded and requires replacement. To provide continued groundwater
protection until waste can be placed against the west slope and a final cover constructed, the
Department of Public Works solicited proposals for the design of a temporary cover to meet the CAP
requirements and offer a longer service life. The Department of Public Works received three
responses. Staff reviewed and scored the proposals based on consultant capabilities, experience,
proposed temporary cover design and cost as described in the request for proposals. The review and
scoring resulted in Geo-Logic Associates of Grass Valley being selected as the most responsive to the
proposal for a not-to-exceed cost of $27,994. The Director of the Department of Public Works
recommends awarding a contract agreement to Geo-Logic Associates.
36. Declaration of Use of Force Account Pursuant to AB 720 -On January 1, 2013, Assembly Bill 720 (Hall)
amended Public Contract Code Section 22031 to limit the amount of road construction and
reconstruction work that may be performed by County employees under "force account." Public
Contract Code Section 22031(b)(2) now limits new road construction and reconstruction work by
County employees to a maximum of 30 percent of the total value of all work performed by force
account, other than maintenance activities and emergency repairs, as reported in the State
Controllers' Streets and Roads Annual Report. Typically, Butte County does not use employees to
construct or reconstruct roads or perform asphalt concrete overlays over one inch depth. However,
County employees are used to prepare roads for chip sealing, which often requires an asphalt
concrete leveling course beforehand. Additionally, County employees are used to provide capital
project support for construction contracted with the private sector. The capital project support
includes engineering, project design, surveying, construction inspection and material testing.
Assembly Bill 720, requires that any county acting pursuant to Public Contract Code Section
22031(b)(2) shall declare its intention to use this provision prior to commencing work. Butte County
Public Works Department does not anticipate that any projects will utilize County employees to
perform construction work on new road construction or reconstruction. However, in the Annual Road
Report, the State Controller's Office combines the capital project delivery support force account work
with the construction of new roads or reconstruction force account work into the same category.
Therefore, it is unclear whether a declaration needs to be made solely for the use of County
employees providing capital project delivery support. To be sure Butte County is in compliance with
AB 720, staff is recommending the Board adopt a resolution declaring its intention to utilize its
authority under Public Contact Code Section 22031(b)(2).
37. Resolution Giving Notice of Hearing to Vacate a Drainage Easement in the Sierra Moon Subdivision -
The Department of Public Works has received a petition to vacate (abandon) a portion of a drainage
easement in the Sierra Moon Subdivision in North Chico. The easement runs along the westerly
boundary of the subdivision between Keefer Slough and Mud Creek.The easement is currently 82 feet
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
wide and the applicant has requested that the width be reduced to 30 feet which the Public Works
Department has determined is acceptable. The easement runs along the westerly side of the
following APNs: 047-710-016, 019, 021 & 022; and 047-770-001, 015, 016, 017, 025, 026 & 027. On
April 25, 2013, the Planning Commission determined that the request was in conformance with the
General Plan.
38. Arden Psychological Services -The Sheriff's Office utilizes the services of Arden Psychological Services
for the completion of professional law enforcement pre-employment psychological assessments,
consulting, and fitness for duty examinations. Arden Psychological Services completes pre-
employment assessments pursuant to Peace Officer Standards Training (POST) requirements and has
extensive experience with pre-employment screenings and internal affairs investigations of law
enforcement personnel. Arden has been under contract with the Sheriff's Office since December of
2010 with an original contract maximum payable of $18,000. The Sheriff's Office requests to extend
the existing contract two additional years permitting the term of the contract to be extended through
November 30, 2015. The current contract, set to expire in November, has met the maximum payable
allowed. Sheriff is requesting the additional $18,000 allowable expenses through November 2015.
39. State of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant Application and Resolution
- The Butte County Sheriff's Office is preparing its 2013 grant application for the State of California,
Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation (OHMVR) for law
enforcement patrol. The OHMVR program is being planned for year-round, summer and winter, law
enforcement patrol of the Jonesville Snow Park and the Butte Meadows Recreation area of Butte
County. Law enforcement patrol shifts will be present during high usage periods, especially holiday
weekends, and as needed. Funding will be utilized for personnel costs,fuel and maintenance, first aid
kits, safety equipment, and training for officers to attend Off-Highway Vehicle (OHV) operations and
regulations training. The grant funding will support Butte County's goal of providing public safety,
managing special events and improving the safety of off-highway vehicles. If the requested grant is
awarded, the Sheriff's Office OHV program will provide uniformed law enforcement personnel to
patrol Jonesville Snow Park and Butte Meadows areas utilizing snow mobiles and 4-wheel drive
vehicles. The grant, which requires a $10,865 match, will be met by Butte County Sheriff's Office
administrative oversight with current personnel, as well, as volunteer Butte County Search & Rescue
missions. No additional GPR will be requested.
40. Introduction of the Annual Ordinance Delegating Investment Authority to the Treasurer-Tax Collector
- Pursuant to Government Code Section 53607, approval is requested for an ordinance which will
delegate investment authority to the Treasurer-Tax Collector for FY 2013-14. This ordinance will
replace Ordinance No.4043 which expires June 30, 2013.
41. Resolution Recognizing June 2013 as Paradise Pines Women's Club Month.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.17 THAT WAS
REMOVED FROM THE AGENDA AND WITH THE CORRECTIONS TO ITEM 3.18 AND 3.24 AS READ INTO
RECORD. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
REGULAR AGENDA
1310-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies
MOTION: I MOVE TO APPOINT WES GILBERT AS PUBLIC MEMBER TO THE CA INTEGRATED WASTE
MANAGEMENT LOCAL TASK FORCE. (MOTION:WAHL; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
2. Board Member or Committee Reports
SUPERVISOR KIRK REPORTED ON AN INCREASE TO THE ANNUAL MEMBERSHIP FEE FOR THE
CALIFORNIA STATE ASSOCIATION OF COUNTIES(CSAC).
1310-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES, PROVIDED A REPORT ON
THE ANTICIPATED IMPACT OF THE AFFORDABLE CARE ACT.
1310-005 General Plan Follow-Up and Implementation by Director of Development Services.
NO GENERAL PLAN FOLLOW UP REPORT WAS GIVEN AT THIS MEETING.
KEITH WELCH AND MIKE THOMAS,TWO MEMBERS FROM THE CALFORNIA CONSERVATION
CORP (CCC) PROVIDED A REPORT TO THE BOARD ON THE SERVICES THE CCC PROVIDES.
1310-006 Request for Public Employees' Retirement System (PERS) Post-Retirement Employment Exemption
Pursuant to Section 7522.56 Government Code - The California PERS Pension Reform Act of 2013
requires newly retired persons to "sit out" for at least 180 days before returning to work for an
employer in the same retirement system which they receive a retirement allowance and provides
an exemption to this rule with governing body approval in a properly noticed public meeting on a
regular agenda calendar (Government Code Section 7522.56(f)(1)(4). A Deputy District Attorney,
who has handled the Butte County Collaborative/Therapeutic Courts (drug court) cases for four
years, retired on May 3, 2013. There is no attorney in the office with the specialized training and
experience to handle these cases. An exemption to the 180 day "sit out" rule is needed for the
attorney to be hired as an extra-help employee for this critically needed position. The Director of
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
Human Resources has reviewed the facts and concurs that the request is consistent with the
exemption outlined in Government Code Section 7522.56(f)(1)(4) and supports this request.
MIKE RAMSEY, DISTRICT ATTORNEY, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE PERS POST RETIREMENT EMPLOYMENT EXEMPTION PURSUANT TO
GOVERNMENT CODE SECTION 7522.56. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
1310-007 Fiscal Year 2012-13 Third Quarter Financial Report -The Fiscal Year 2012-13 Third Quarter Financial
Report provides economic, expenditure, revenue, cash balance, long-term debt and summary
information from the first nine months of the fiscal year. The report includes tables and graphs of
historical data to help provide context and demonstrate trends in the economy, expenses, revenues
and balances.
GREGORY G. ITURRA, CHIEF FINANCIAL OFFICER, PROVIDED A REPORT.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1310-008 Debt Management Guidelines and Procedures - The purpose of the Debt Management Guidelines
and Procedures (DMGP) is to ensure sufficient guidelines and procedures exist within the County to
serve as a foundation for prudent debt issuance and management. The Chief Administrative Officer
(CAO), with advice from the County Auditor, Treasurer, and Chief Financial Officer (CFO), has
developed and will periodically review the DMGP. All future changes must be approved by the
Board of Supervisors (Board). The DMGP shall accomplish the following objectives: 1) assist
decision making regarding the debt issuance process and affordability; 2) document and assign pre-
debt issuance and post-debt issuance responsibilities and objectives to be achieved by the County;
3) promote objectivity and transparency in the decision-making process; and 4) establish important
procedural decisions in advance of new debt financings to facilitate an open and transparent
process.The DMGP addresses minimizing the County's debt service and issuance costs, ensuring the
highest practical credit ratings, which ultimately lowers financing costs, and maintaining full and
complete financial disclosure and reporting. The DMGP provides that no short-term or long-term
debt will be issued without prior approval of the Board. The proposed DMGP was developed based
on recommendations by the Government Finance Officers Association, current practices of other
California jurisdictions, and input from the eleven member County Finance Work Team composed of
eight department heads and three representatives from County Administration, including the CAO
and CFO.
GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER, AND C. LINDA BARNES,TREASURER-
TAX COLLECTOR, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
MOTION: I MOVE TO ADOPT THE COUNTY OF BUTTE DEBT MANAGEMENT GUIDELINES AND PROCEDURES.
(MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
1310-009 Concow Road Rehabilitation Project - In 2011, the County was awarded a Disaster Recovery
Initiative Grant to help recover from damages from the 2008 wildfires. A portion of this grant
allowed the County to repair and make other safety enhancement to Concow Road providing for
safer ingress and egress in the event of further disasters. To date, Public Works has completed
environmental studies required under the California Environmental Quality Act and is working with
the State Department of Housing and Community Development, as the designated lead agency, to
process the required federal environmental clearance under National Environmental Protection Act.
A Draft Initial Study/Proposed Mitigated Negative Declaration for the project was published for a
30-day public review period from April 11, 2013 to May 11, 2013. Public Works is now requesting
Board consideration of a Mitigated Negative Declaration.The Initial Study identified several possible
impacts to possible wetlands, and jurisdictional waters. The proposed Mitigated Negative
Declaration makes the determination that identified mitigation measures may be implemented so
that the project will not have a significant impact on the environment. Therefore, Public Works
Department is requesting that the Board to adopt the Proposed Mitigated Negative Declaration and
the accompanying Mitigation Monitoring and Reporting Program for the project.
SHAWN O'BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT.
MOTION: I MOVE TO: 1) ADOPT MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
AND 2) ADOPT MITIGATION MONITORING AND REPORTING PROGRAM AND DIRECT THE PUBLIC
WORKS DEPARTMENT TO MAKE THE MITIGATION MONITORING AND REPORTING PROGRAM A
PART OF THE REQUIREMENTS FOR THE PROJECT. (MOTION: TEETER; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1310-010 Status Report on Property Assessed Clean Energy Programs for Non-Residential Properties within
Butte County - Property Assessed Clean Energy (PACE) financing is a vehicle which provides cities
and counties with the power to level assessments on the county property tax bill for financing the
installation of renewable energy and energy and water efficiency improvements that are
permanently affixed to the property. PACE programs are typically operated by a third party
administrator. The third party administrators are responsible for program design, marketing,
financing, and program implementation. On March 26, 2013, the Board of Supervisors approved
joining the FIGTREE PACE program. In addition, the Board directed staff to begin to work toward
joining the Ygrene PACE program. The adoption process for the FIGTREE program is anticipated to
be complete May 23, 2013, with services becoming available immediately thereafter. Staff is
currently working with Ygrene to review and develop the necessary documents to offer the Ygrene
program in Butte County.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER,
PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO
BOARD ACTION TAKEN.
1310-011 Butte County Community Wastewater Program - In early 2009, Development Services, Public
Health, and Public Works Departments provided a report to the Board regarding the following
wastewater issues: 1) Developing an Individual On-Site Wastewater Ordinance and Manual; 2)
Establishing a community wastewater systems management entity; and 3) Developing a community
recycled wastewater pond ordinance. The Individual On-site Wastewater Ordinance and Manual
was approved by the Board on March 16, 2010 and became effective July 1, 2010. Staff
recommends the adoption of a resolution proposing a County policy on the establishment of County
Service Areas (CSAs) as the County entity to manage and operate community wastewater systems
and to seek approval from the Board to proceed with the California Environmental Quality Act
(CEQA) review of the proposed Recycled Water (Wastewater) Pond Ordinance.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS; PETE CALARCO, ASSISTANT DIRECTOR OF
DEVELOPMENT SERVICES;AND BRAD BANNNER, DIRECTOR OF ENVIRONMENTAL HEALTH
PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: TERRY FAULKNER; RAY
SOUSA; AND WES GILBERT.
MOTION: I MOVE TO: 1) ADOPT A RESOLUTION ESTABLISHING COUNTY POLICIES AND PROCEDURES FOR THE
ESTABLISHMENT OF COUNTY SERVICE AREAS AS THE PUBLIC MANAGEMENT ENTITY FOR
COMMUNITY WASTEWATER SYSTEMS; AND 2) DIRECT STAFF TO PROCEED WITH THE CEQA REVIEW
OF THE PROPOSED BUTTE COUNTY RECYCLED WATER (WASTEWATER) POND ORDINANCE; AND 3)
DIRECT STAFF TO MEET WITH LAFCO AND THE SPECIAL DISTRICTS TO CONSIDER REVISIONS TO THE
MASTER COOPERATIVE ENVIRONMENTAL REVIEW AGREEMENT TO PROVIDE FOR A PROCESS TO
CONSIDER THE DEVELOPMENT AND MANAGEMENT OF COMMUNITY WASTEWATER SYSTEMS
LOCATED WITHIN AN ESTABLISHED SPHERE OF INFLUENCE; AND WITH ADDITIONAL ACTION OF: 4)
RESCIND RESOLUTION 87-108. (MOTION: WAHL; MOTION FAILED FOR LACK OF SECOND )
MOTION: I MOVE TO: 1) ADOPT A RESOLUTION ESTABLISHING COUNTY POLICIES AND PROCEDURES FOR THE
ESTABLISHMENT OF COUNTY SERVICE AREAS AS THE PUBLIC MANAGEMENT ENTITY FOR
COMMUNITY WASTEWATER SYSTEMS; AND 2) DIRECT STAFF TO PROCEED WITH THE CEQA REVIEW
OF THE PROPOSED BUTTE COUNTY RECYCLED WATER (WASTEWATER) POND ORDINANCE; AND 3)
DIRECT STAFF TO MEET WITH LAFCO AND THE SPECIAL DISTRICTS TO CONSIDER REVISIONS TO THE
MASTER COOPERATIVE ENVIRONMENTAL REVIEW AGREEMENT TO PROVIDE FOR A PROCESS TO
CONSIDER THE DEVELOPMENT AND MANAGEMENT OF COMMUNITY WASTEWATER SYSTEMS
LOCATED WITHIN AN ESTABLISHED SPHERE OF INFLUENCE. (MOTION: LAMBERT; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
1310-012 Letter to Federal Delegation Regarding Lack of Response by Plumas National Forest (PNF) -
Representatives from Butte County, in cooperation with Plumas County, have met with officials
from the PNF in an attempt to modify certain sections of the Forests' Motorized Travel
Management Plan (MTMP) that was implemented in 2010. On March 7, 2013, Butte and Plumas
counties sent a joint letter to Region 5 Forester, Randy Moore, requesting a meeting to reach an
amicable resolution to the issues the two counties have raised with MTMP.To date,the County has
not received a response.The proposed letter to the County's federal delegation requests assistance
in arranging a meeting between Mr. Moore and representatives from Butte and Plumas counties.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: CORKY LAZZARINO;
GARBIEL EGGEN;VANCE SEVERIN; AMY GRANTED; DARRYL?; KYLE BELKER; B.K. BROOKS;TERRY
FAULKNER; LARRY CHRISMAN;JEANNE BURROWS;THOMAS WAHL; RICK?; MARTY
LUCASCHEVSKY; DAN O'NEIL; BOB VANCOURT; AND KAREN WELCH.
MOTION: I MOVE TO APPROVE THE LETTER, INCLUDING CC'S TO MR. MOORE'S SUPERIORS,THE USDA AND
ANY OTHER REPRESENTATIVE AT THE FEDERAL AND STATE LEVEL NEEDED, AND AUTHORIZE THE
CHAIR TO SIGN. (MOTION:TEETER; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1310-013 PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
THOMAS WAHL ADDRESSED THE BOARD.
RECESS:
THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND
CONVENED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
MAY 21, 2013
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Connelly, Wahl, Kirk, Lambert and Teeter
1305-001 CONSENT AGENDA
1. In-Home Supportive Services (IHSS) Public Authority - Pan American Life Insurance Group Contract
Amendment -The IHSS Public Authority Board is requested to approve an amendment to the contract
with Pan American Life Insurance Group for medical benefits for IHSS employees. The amendment
extends the contract one year, to May 31, 2014 for the same annual cost as the previous year
($1,770,300). In addition,the amendment replaces the original Exhibit B (PanaMed Benefit Description)
with anew Enrollment Guide.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
CLOSED SESSION (No Items)
ADJOURNMENT
Adjourned as the In-Home Supportive Services Public Authority Board and reconvened
as the Butte County Board of Supervisors.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
1310-014 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
2. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(d)(1): 6 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO.
016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CT
CASE NO: CV09-1258;
4. LEEN v. COUNTY OF BUTTE, U.S.D.C. EASTERN DISTRICT CASE NO. 12-1627;
5. MICAH KENGLE v. COUNTY OF BUTTE; WCAB CASE NO. ADJ6900400; CLAIM NO. CBTE-148263;
6. SUSAN RHODES v. COUNTY OF BUTTE;WCAB NO. UNASSIGNED; CLAIM NO. CBTE-14263.
3. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (d)(2): ONE POTENTIAL
CASE -
US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN
4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS:JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA- MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA-SUPERVISORY UNIT,
BCCOA-GENERAL UNIT
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/21/2013
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AND WILL RECONVENE AT
A REGULAR MEETING OF THE BOARD TO BE HELD ON JUNE
11, 2013.
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