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May 27, 1975
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Madigan, McRiliop, Richter end Chairman Ladd.
Clif Nickelson, Administrative Officer, Dan Biackstock, County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors
Clerk. Absent: Supervisor Cameron.
Pledge of allegiance to the Flag of the United States of America.
75-692 APPROVAL OF MINUTES
On motion of Supervisor McRillop, seconded by Supervisor Richter and
carried, the minutes of Nay 20 were amended to show that item 75-890 was
amended to show adoption of Resolution 75-82, setting up revolving fund.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and carried, Che minutes of May 20, 1975 were approved as mailed, with the
above amendment, and the Chairman was authorized to sign.
75-893 COMMUNICATIONS
Mr, & Mrs. Michael Kimberley,-Chico. The-Kimberley's express appreciation
for the Board's action on the Highland Park Subdivision question
and express opposition to the proposed Butte County Mosquito Abatement
District suit re use of D.D.T.. Information only.
James Lenhoff, Oroville. Mr. Lenhoff files claim for $4.39 fox damage
to his car because of being required to cross over certain areas
along Pentz Road. Refer to County Counsel.
Normsn L. Prater, Oraville. Petition is filed for variance to provisions
of Sections 19-10 and/or 19-12 of the Butte County Code.
Set for hearing on June 17, 1975 at 1:30 p.m.
U.S. Department of Agriculture. Jim Berlin, Forest Supervisors, sends
information regarding Lessen National Forest receipts for fiscal
year 1975. Revenues are now projected to drop 41~ rather than the
50% which was predicted originally, Information,
U.S. Department of Agriculture. Royal M. Mannion, district ranger,
forwards text of hie statement made before the Board of Supervisors
concerning the planned realignment of the Oroville-Quincy Highway.
Information only.
Department of Rousing and Urban Development. The Department forwards
copies of "rules and regulations for administering the CLean
Air Act" and "procedures for the protection of historic sad
cultural properties". Refer to Administrative Officer; he will
study and report hack to the Board.
Petition. A petition has been filed, signed by 12 residents of the
Durham area requesting the Hoard of Supervisors to proceed with
~ O D ~~ Z formation of a resources conservation district.
Referred to LAFCO with the request that they handle this as
quicklp as possible.
Bruce and Wanza Jackson. Complaint concerning their property on Bloomer
Mt. off Ponderosa Way up Jackson Road. Read and discussed.
~ b O ,0 G Referred to Clay Castleberry for study and report next week;
he will also answer letter.
Vernon McMath and Frank Seawall. Frotest and appeal of decision of
~ ~ $ '~ p Planning Commission regarding the Forest Ranch Subdivision Map.
Set for hearing on June 17, 1975 at 1:30 p.m.
Chico Community Memorial Hospital. Invitation to Board to attend their
official open house to recognize the completion of the first
phase of the expansion and remodeling of Chico Community Memorial
Hospital. Page 3b5.
May 27, 1975
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75-89~+ EXCUSE SUPERVLSOR CAMERON 50 HE !CAN ATTENb HEATIi MEETING IN EUREKA
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and carried, Supervisor Cameron was excused so he can attend the health
meeting in Eureka at the request of this Soard.
75-895 MANPOWEB AffiffNISTRATION ITEMS APFROYED
Supervisor Richter question Jim Rackerby concerning the Prime
Sponsor grant recommendations. Mr. Rackerby explained the jobs that
would be provided for the age goups.
Discussed whether these youth programs could assist in the
census study. The study ie to be made in the fall after college resumes.
On motion of 5upervieorRichter, seconded by Supervisor McKillop and
carried, the following action was taken:
1. Acknowledged the grant applications and authorized the
Chairman to send a letter of comment indicating the Manpower Planning
Council's recommendation.
2. Authorized the Chairman to send a letter to the State
Department of Education oancezning this grant, Vocational education grant-
nonfiaancisl agreement.
3. Approved the PEP Grant Modification 19, to adjust PEP
expenditure accounts between the county and the subagents and extend
the county PEP Program through June 30, 1976 and authorized the Chairman
to sign.
4.' in eructed the Manpower Director to communicate with subagents
and work vuC the details for the cooperative activity for CETA workers
for temporary assignment to assist in conducting a county-wide census.
5. Approved the preapplicatioa for SPIDY funds for the Bummer
program for economy disadvantaged youths and authorized the Chairman
to sign.
75-896 CLASSIFICATION AND PAY REPORT: PERSONNEL DIRECTOR TO MAKE COPIES FOR
DISTRIBUTION
The classification and pay study conducted by the State Cooperative
Personnel Services ie completed and was presented to the Board at this time.
Report discussed. Mr. Rackerby said he was asking at this time for the Board
to accept this report eo he can present copies to the employees association
and to the departments. Mr, Brodezick could be asked to appear at a later
date to discuss the report with Che Board members.
On motion of SupervisorMeKillop, seconded by Supervisor Madigan
sad carried, Jim Rackerby, Personnel Director, was authorized to make copies
of the classification and pay report and distribute as requested.
75-897 WAIYE SECOND READING OF AMENDMENT TO SALARY ORDINANCE AND ADOP.
ORDINANCE 1583. AMENDING SALARY ORDINANCE
Chairman Ladd questioned Mr. Nickelson about the classification
change of a nurse practitioner to a clinic nurse. Mr. Nickelson explained
said reclassification.
Oa motion of SupervisorMeKillop, seconded by Supervisor Richter
and carried, the second reading of the salary ordinance amendment was
Feived, Ordinance No. 1583 amending the salary ordinance was adopted and
the Chairman was authorized to sign.
Page 366.
May 27, 1975
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75-898 DISCUSSION: REMODELING OF DURHAM LIBRARY BUILDING
The building recently purchased by the county will need extensive
remodeling prior Co utilization as a breach library. Mr. Nickelson
stated they were ready to move on this whenever the Board is ready.
The committee could take a look at the building and decide what should
be done. Chairman Ladd said he felt that Supervisor Richter should
be on the committee. Chairman Ladd and Supervisor Ladd will look at
the building this week. No action taken at this Cime.
75-899 APPROVE REVENUE SHARING PLANNED USE REFORT
Administrative Officer reports that they have received notice
that next year's revenue sharing allacation is $1,839,143. This notice
must be published and a planned use report for these funds must be filed
in order to qualify.
On motion of Supervisor McKillop, seconded by SupervieorMadigan
and carried, planned use report for revenue sharing funds for 1975/76
fiscal year was approved and the Chairman was authorized to sign.
75-900 APPROVE ESTABLISHMENT OF FEES FOR INDIGEtiT BURIALS.
The District Attorney has requested that theBoard authorize
certain fees for indigent burials do that the Po'blic Administrator
will have a basis for charge in instances where this is possible. The
Public Administrator has worked with Counsel~e Office and the Auditor in
setting up this procedure and in computing the charges. Recommended charges
are $150 for the county burial plot and $70 £or opening and closing
of the grave.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and carried, charges for county burial plot and opening sad closing of grave
at $150 and $70 respectively was approved.
75-901 AUTHORIZE REFUND OF DOCUMENTARY TRANSFER TAIL
County Recorder recommends that a claim from Mid Yelley Title
and Escrow Company in the amount of $99.55 EoT'refund o£ a documentary
transfer tax computed in error be authorized. $155.10 in transfer stamps
were Cared to Che deed when the amount should have been $55.55. Request
discussed.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and parried, refund of $99.55 of documentary transfer tax to Mid Palley Title
and Escrow Company was authorized.
75-902 FIELD AGREEMENT BETWEEN DEPARTMENT OF THE INTERIOR, U. S. FISH AND
WILDLIFE SERVICE & BUTTE COUNTY FOR TRAPPER SERVICES: PUT OVER ONE WEEK
Chairman Ladd said he wauld like to see a full report of the activities
of this department. He does not really know what they ere doing.
Mr. Nickelson said he would make a report of their activities for the
past two years as requested. No action taken at this time; to be placed
back on next week's agenda.
75-903 APPROVE PURCEIASE OF FIRE TRIICK BY EL MEDIO FIRE DISTRICT
On motion of Supervisor Madigan, seconded by Supervisor Richter
and carried, purchase of fire truck by E1 Medio Fire District with
revenue sharing funds as per contract was approved.
75-904 TRANSFERS APPROVED (BUDGET)
Budget transfers discussed. Auditors traveling expenses explained.
Supervisor Richter said he was concerned about the increases. Chairman Ladd
question the transferring of funds from the Nelson-Shippee Road pro~ecC.
Auditor commented on the reserve :for contingency. Se stated that the
Page 367. May 27, 1975
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balance shown does not reflect the $100,000 transferred for the Skyway
Assessment District.
On motion of 6upervieor Mc1Ciliop, seconded by Supervisor Richter
and carried, the following budget traasfera were approved:
B-298 Gridley Justice Court. $800 is transferred Erom the reserve with
$200 going to office expense and $600 to professional and special services.
Xerox supplies and envelopes which are needed is the reason for the office
expense amount. It was the Gridley Court's turn to buy the xerox supplies
for a joint use machine. Court reporters, interpreters and witness fees
expense higher than anticipated in the professional and special services
account.
B-299 Agriculture. $800 is transferred frem the reserve and $1,200 from
professional and special services with a total of $2,000 going to other
transportation and travel, Increased fuel expenses as well as unanticipated
mileage because of the three CETA employees in the Ag Departroent are the reason
for the transfer. This covers present deficiC of $89 and provides for the
balance of the year.
8-300 Public Works - Equipment Section and Road and Bridge Construction.
$25,000 is transferred from the Nelson•Shippee project to the equipment account
to cover cost of the chfp spreader for Public Works which was approved on
May 13, 1975 item 75-834 (1). The Nelson Shippee project will be rebudgeted
for 75-7b.
8-301 Recorder. $200 fs transferred from office expense Co equipment '
maintenance within the Recorder's budget and is to cover breakdowns in
equipment because of machines getting older and requiring more maintenance.
B-302 Sheriff. $1,500 is transferred from uniform allowance to rents
and leases within the Sheriff's budget. The Sheriff found ft necessary to
rent undercover vehicles for the investigation of cases and also the copy
machine rental charges have been higher than anticipated.
B-303 Agriculture. $260 is transferred from Che reserve to office expense
and fs caused by printing costs~oE new regulation's•and'heavy•copy,machine ebgrges.
5-304 Supplemental Manpower Program CETA I, Summa mgr Youth Program. This sets
up $27,77b in extra help and $400 in compensation insurance with a torsi of
$28,17b coming from unanticipated revenue-federal aid outer-CETA I. This increases
the federally funded CETA Title I Program per mo8•ification X903 approved by the
Board of Supervisors April 15, 1975.
B-305 Auditor-Controller. $90 is transferred from other transportation
and travel to board authorized trips within the Auditor's budget and is to
cover ttie amount estimated as needed for remaining trips. This amount was
deleted from transfer last week and report has been made as requested.
B-30b County Service Area ,~38. This transfer increases contributions
to other agencies by $105,696.60, representing the $100,000 revolving fund
authorized to be created by the Board and also including $5,b96.60 which is
the lonely payment Erom Skyway Assessment District No, 1. Also set up in
contributions to other agencies is $7,060.23 with $1,303.40 coming from
professional and specialized services and $5,75b.83 from maintenance of -
structures, improvements and grounds. This second amount adjusts the budget
to existing conditions. •
Page 368,
May 27, 1975
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B-307 Administration. $800 is transferred from the reserve to office
expense and is caused by heavier duplicating charges and postage charges than
was anticipated at budget time.
8-308 Oroville Constable. $50 is transferred from office expense to
communications within the Constable's budget to covet present deficit of $l5
and provide for the balance of the year, deficit caused by"increased rate.
5-309 Public Works-General Administration. $375 is transferred from
rents and leases to extra help within the general administration budget. This
is to provide extra help coverage fora regular employee who must take vacation
because of an illness in the family.
B-313 Welfare Categorical Aid. This transfers $316,116 to aid to families
with dependent children, $372 to aid to potentially self-supporting blind, and
$12,705 to general relief-support and care of persons with $63,916 coming from
the reserve, $158,058 from federal aid to children AFDC, $106,847 from state
aid to children AFDC and $372 from state aid to blind. These additional
' appropriations are because of increased caseload above that originally estimated
" and because of increased cost per case resulting primarily from adverse court
decisions and of course recognizes federal and state participation in these
increased costs at the standard ratios.
B-314 Child Health and DfsabilitY Pr°gram. This transfers $1,460 from
salaries and wages regular, $1,400 from pxofessinnal and special services and
$3,791 from personal services salaries and benefits with $6,391 going to
equipment, $260 to medical supplies. Of the total ^f $6,651, $3,791 was shown
as an increase in public health director's expenditures transferred and the
balance:, of $2,604 reverts to the appropriation for contingencies.
75-905 REPORT ON AUDITORS TRAVEL ACCOtfiTT. PER MAY 20, 1975 REQUEST
Bill Lawrence, County Auditor, reported on the Auditors office
travel account as requested aC the May 20, 1975 meeting. He read a
prepared statement concerning this matter. Two years ago the Auditor was
a sick man and did not travel very much. Last year Mr. Lawrence resumed
the travel to the Auditor's meetings and to the other activiea required
of the Auditor. Supervisor Richter said he would like to know what
the County cost was for travel over the past year. Chairman Ladd said
h e was sure that all Board members and department heads are very
conscious of travel and expense accounts in the County sad the rising
costs of travel. Fla stated that ha too had questions concerning travel.
Superiisor Madigan questioned the Board about the expenses involved
in the search and rescue work on the lake yesterday and today concerning
the man from another county that drowned in the Lake. Mr. Nickelson will
research this matter and will have County Counsel prepare a report on the
legal side of this.
CHAIRMAN LARD RECOGNIZED THE CONTEMPORARY ISSUE CLASS OF LAS PLUMAS HIGH SCHOOL
75-906 DISCUSSION: REQUEST FOR EXTENSION OF LEAVE OF ABSENCE OF MILDRED LANE,
AUDITORS OFFICE
Request for extension of leave of absence for Mildred Lane
and for approval of temporary assignment of John Conrad pursuant to
Section 9.5 of the Personnel Rules discussed. Supervisor Mao pan
asked if this had been cleared by Personnel Director. Chairman Ladd
said he had some questions about this matter, Request discussed.
Mr. Racker6y said the normal procedure was for these matters to flow
through his office. Matter to be reviewed and placed back on the
agenda for Tuesday, June 3, 1475.
Page 369.
May 27, 1975
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75-907 DISCUSSION: REPORT ON OPEN SPACE SUBVENTION CLAIM CUT
Report on Open Space Subvention Claim Cut in the BmouAt of $45,840
discussed. Mr. Lawrence explained these claim cute. We were overpaid
in the past two years. Mr. Lawrence stated that the amended claim was
sent last Fri$ay by Auditor's Office. No action taken at this time.
75-908 DISCUSSION: CANCELLATION OF ADOPTIONS CONTRACT WITii CHILDRENS SOME
SOCIETY
Bob Crisan, Welfare Director, was present to discuss the cancellation
of the contract with Childress Home Society. Backnp information was
presented to the Board members. Mr. Crisan gave a brief rundown oa this
information. The State will take over the procedures when this contract
is cancelled. Mr. Crisan has discussed this problem with Children's
Home Society. They have dome a beautiful job; the need is here fcr their
services. The State is not willing to pay for this service. Services
explained. The services will continue but the quality will not be the
same as when handled through the Childress Home Society.
Time spent discussing how this matter would be handled.
Discussed. Mr. Crisan will secure a waiver in this matter.
No action taken at this time. Put over to Tuesday, June 3, 1975.
RECESS: la:lo
RECONVENE: 10:25
75-909 DISCUSSION: SUPERINTENDENT OF__SCHOOI.S RE DATA PROCESSING AND BUDGET
Duane Powers, County Superintendent of Schools, discussed the
letters he had previously sent the Board of Supervisors regarding personnel
and possible use of data processing. The first letter discussed the fact
that the personnel at the office ie divided between the county and the
state. This means that some employees are entitled to different benefits,
such as raises. xir. Powers stated that previously, there had been no
problem, with the salaries as they could increase at the same rate. However,
since the passage of SB90, the County School Fund budget is limited to
granting 67 raise a. Since the County budget is not limited in this manner,
it will result in County and C. S.S.F. personnel receiving different salaries
for similar jobs.
Mr. Powers, in his letter to the Board, proposed that the Board
either grant single budget statue (fiscal independence) to the Butte County
Superintendent of Schools or transfer County General Fund employees to
County School Service fund. Both proposals were to be effect July 1, 1415.
Tn the aecoad letter, the Board is informed that the California
State Board of Education hoe approved the New California School Accounting
Manual. The new manual requires accounEiag~bf incope and expenditures by
object, rather than by function under the old system. Another new requirement
of their office is the filing of program cost reports.
~Mr. Powers explained that with the current manually-kept or
basic bookkeeping machine accounts, it is extremely difficult to meet
the new requirements. For these reasons, he is proposing that the
system be put on data processing. A program could either be developed
or bought, which would be cheaper than developing one. Also, the State
Department of Education requires the county superintendents to certify
that the school dietrictst~ financial reports and budgets are correct.
Page 370.
May 27, 1975
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Because of all these new changes, the superintendent is going to be
required to keep two budgets.
Chairman Ladd stated that he had though the superintendent
had always had to keep track of the school districts' money. Mr.
Powers explained that they did watch the districts to make sure they
would stay in the bldck. However, now the documents must be certified.
Mr. Powers stated that due to the new legislation of requiring
two budgets, they will have to ga to data processing. They have contacted
Sacramento County who will sell them their program or they will keep the
records for the County. However, Mr. Powers prefers to buy the program
and keep the tax monies at home. Mr. Powers is requesting the Board's
help and suggestions in implementing this program. To implement the
data processing would cost approximately $50,OOO,which is in the proposed
budget.
Supervisor Madigan was opposed to buying the program as he
feels it should be made available free of charge. He thinks other
counties supply them on request. Chairman Ladd stated that if this
county develops a program, it should be made available to others.
Supervisor Richter questioned Mr. Powers regarding the travel
expenses in the schools' budget. Mr. Powers stated that he would have
to look up the information to find the cause of the increase.
Chairman Ladd felt that if the budget was..on the computer,
any information could be extracted and that two budgets•~would;.not
be required. However, Mr. Powers stated that the Board of Education
requires this. Mr. Powers explained each use. Bill Lawrence, county
auditor, stated that it is required by law. There are also counties that
do this, however, it is not yet required.
Supervisor McKil~,op stated that he could sea ao reason why
the superintendent could not use the data processing system.
Supervisor Richter questioned Mr. Jones, BCEA manager, regarding
the employee problems. Mr. Jones explained the benefits offered by the
state and by the county.
Supervisor McKillop stated that this should be pursued as he feels
it would be a definite savings. Chairman Ladd stated that he felt the Board
concurred with the idea of using data processing.
Matter to be put over one week.
75-910 PUBLIC_HEARING: ACQUISITION OF SITE FOR TH& FROC BUILDING
Mr. Castleberry explained that he had been instructed to
negotiate for four scree. The four-sore parcel w~.ll have frontage
on Kusel Road. The FROC people have asked the owner for an additional
two scree, which was agreed to. However, this additional property is
not connected to the County purchase. The price is for $3,208 for 4.01
acres. This has been verified as a fair price using comparable sales in
the area.i
Hearing opened to the public: Appearing:
Page 371.
May 27, 1975
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Don Duffus, Director of the Feather River Opportunity Center.
Mr. Duffus stated that they are buying this additional property to provide
apace for agricultural purposes. They have a 4-H group and need this
apace far the projects. This property will be bought by FROC and not by
the County. ~-'
Hearing closed to the public and confined to the Board.
On motion of Supervisor McKiilop, seconded by Supervisor Madigan
and carried, the Board approved the agreement for the purchase of the
Feather Opportunity Center Property, and authorized the Chairman to sign.
75-911 LiME SADDLE COMMONITY SERVICES DISTRICT: ADOPT ORDINANCE 75-1 SETTING
BUDGET FOR 1875-76 FISCAL YEAR
On motion of Supervisor McKillap, second by Supervisor Madigan
and carried, L~.me Saddle Community Services District Ordiasnce 75-1 setting
budget for the 1975/76 fiscal year was adopted, and the Chairman of the
Board of Directors was authorized to sign.
75-912 DISCUSSION: REQUEST FOR APPROVAL FOR LAND TRADE WITH U.S. FOREST
SERVICE
Howard Johnson, Lucky John Realty, explained to the Board that
the 'forest service requested that he apgear and get permission for a land
trade between the U.S. Forest Service and Chuck Horning, a client of Lucky
Jahn ReaBtgy Mr. Johnson gave the Board members some material showing
the land proposed for the exchange. The forest service wants this land
as it is winter deer range and also because they have small parcels that
they would like to get rid of as they are too small for them to administer.
Thin will be a value for value trade. The forest service will pxavide
for the environmental and archaelogical studies. There will be no cost
to the county.
Mr. Johnson explained that one large parcel 1s near Ponderosa
Way. Supervisor McKillop questioned Mr. Johnson regarding the property.
Mr. Nickelson explained that this request is being handled differently
than before, He also explained that the Board's approval on these matters
is sometiwes used as a wedge.
Supervisor Madigan questioned how the Soard could approve the
exchange when the definite lands to be exchanged has not yet been determined.
He suggested that the Board reserve. the right to reject the size, exact
property location, etc. if this is approved. Discussion. Chairman Ladd
objected to the taxpayers haviag•;to pay for this land being appraised. The
appraising will be done by the forest service. Discussion.
Matter put over to June 3, 1975 at 11:00 a,m. for consideration.
75-913 PUBLIC HEARING: REARING ON PETITION FOR VARIANCE FOR MOBILE HOME--
CLAUDE BELL, CONCOW ROAD, OROVILLE
A public hearing on the Claude Bell petition for variance to
allow a mobile hams on property located on Coneow~Road, Oroville was held
as advertised. Claude Bell, petitioner, explained that he would not need
to request the variance except that•he does not have the properti; right of
Page 372. May 27, 1975
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way to his property. However, he is going to try and get this at a later
date. He wants this mobile home for his mother-ia-law, whose eyesight is
failing. Mr. Bell stated that he understood the conditions of the variance.
Hearing opened to the public. Appearing: no one. Hearing
closed to the public and confined to the Boatd.
On motion of Supervisor McKiliop, seconded by Supervisor Madigan
and carried, the Board approved the petition of Claude Be11 for a variance
to provisions of Section 19-10 and/or 19-12 to place a mobile home on his
property for a period of one year.
75-9i4 APPEARANCE• MRS. JACKSON BLOOMER MOUNTAIN
Mra. 3ackaon; Bloomer Mountain, stated that hhe had written
a letter regarding Bald Rock Road. Mr. Castleberry stated that he would
like to talk to Mra. Jackson about her problem. An appointment was eat
for 1:00 p.m. at Mr. Castleberry's a£fice.
75-915 APPEARANCE: FLOYD BYRD RE MATHEWS READYMTX TNC:.
Mr. Byrd questioned about the uniform grade and what the
committee had found. Supervisor Richter stated that the uniform grade
has nothing to do with a use permit. It does not take a permit in the
present zoning ae it is in an A-2 area.
Mr. Byrd disagreed with Mr. Riohter, stating he feels it does
require a use permit. Supervisor Richter stated they should have a use
permit for the batch plant but not for the exca'4ation.
75-916 APPEARANCE: PAT PORGANS. SEPA
Mr. Porgans supported Mr. Byrd's position. He feels that
the Board is required to support and enforce the ordinance and that
Mathews should be required to get a use permit.
75-917 APPROVE-AGREEMENTS FOR SALE FOR RIGHT OE WAY ACQUISITION
The FROG agreement was stricken from this agenda item ae it
was takes care of earlier.
'On motion of Supervisor McKillop, seconded by Supervisor Richter
and carried, the Board approved the following agreements for sale, authorized
the Chairman to sign and authorized the Auditor to issue warrant upon
demand of County's escrow agent:
Pro act Name Acres Price Tmu. Total
Oro-Quincy Hwy. Ralph W. Boone, star 0.020 $.50 ~` 0 ~'•t~$ 50
27561-73-1
Ollie P. Callender, star 0.083 i56 0 156
Robert Clark, star 0.3b9 0 0 0
Baggett-Maysville
Realign, 21461-74-1 Alex Brown 1.040 I;040 0 1,040
75-9T8 INFORMATION AND DISCUSSION: PUBLIC WORKS
Mr. Castleberry stated that they have resolved the drainage easement
problem on the Brayton-Kemp parcel map.~-
May 27, 1975
Page 373.
~ e s m r, a m m m a a. a i ~a'aZ7,m1975a m m a+ a a a m a a m o o s e a:
Mr. Castleberry stated that they have bees authorized to settle
for actual costs on the TOPICS traffic signal matter. They will be processing
the contract.
75-919 AUTHORIZE CALL FOR BIDS FOR REROOFING GRIDLEY MEMORIAL HALL
Mr. Castleberry stated that they have a proposal for the
reroofing of Memorial Hall is Gridley that will be under $10,000.
Chairman Ladd explained that this should be done as soon ae possible
before costs go up further and that nothing can be done with the ceiling
until the roof is water tight.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and carried, the Board authorized a call for bide for the reroofing of
the Gridley Memorial Hall.
75-920 DISCUSSION': MIDWAY 011ERRASS
Mr. Castleberry Stated that due to the opposition to the
project from the community, he would like to know if the Board had any
second thoughts on the matter. They do not have the allocation from the
state yet.
5upervieor Richter stated that there is more opposition to
the project than he had thougi# previously. Supervisor McKillop stated
that much of the opposition is due to misinformation and daea sot want
to change the Board's position on this matter. Chairman Ladd also felt
a lot of the opposition was caused by misinformation but stated that the
Board must represent the people.
Supervisor McKillop emphasized that the Board must think ahead
at least 20 years and consider the increased traffic on the road.
Chairman Ladd stated that the overpass could cause difficulty for local
hauling and for farm equipment.
Discussion of having the Public Works Director bring back a
plan for a grade crossing. Supervisor Richter thought a grade crossing
plan could be looked at and considered.
Public Works Director is to work on a grade crossing and bring
it back to the Board in the near future.
75-921 ACCEPT SETTLEMENT RE WESTERN LIQUID ASPHALT CASE
Mr. Lawrence explained that a decision had been made in the
Western Liquid Asphalt case re Douglas and ARCH. The County's portion
of the settlement is $12,446.55. There are remaining settlement funds
in escrow, which should be settled by June 30, 1975.
On motion of 5upervieor McKillop, seconded by Supervisor Richter
and carried, the Board accepted the settlement of $12,446.55 from Douglas
sad ARCO, with the money to go to the road £und in next year's budget.
75-922 SET PUBLIC HEARIlVGS
The following items were set for public hearing for June 17,
1975 at 10:30 a.m.: Page 374.
May 27, 1975
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Extension of interim A-20 for an area south of Chico, near Durham,
being located north of Nelson Weat Rd ., east of Goodspeed Watt Rd., west
of Bruce Lane, Chico Durham Rd ., to Yocum Ave.; '~ mile west of Durham
Nelson Rd ., to Hanlon Rd., then west of Durham Nelson Rd.
Rezone from interim A-20 (Agricultural) and A-3 (Agricultural)
to A-20 (Agricultural) for property located south of Chico, north of Nelson,
west of Durham and west of Goodspeed Watt Rd. and Dayton Rd., containing
22 aq. mi. + and from interim A-20 (Agricultural), A-3 (Agricultural),
H-C (Highwaq Commercial end C-2 (General Commercial) to A-40 (Agricultural)
for property located south of Durham, west of State Hwy. 99, north of
Hamilton Rd. and east of Goodspeed Watt Rd. and the Butte Covnty boundary
containing 107 sq. mi. +.
75-223 TNTERTM ZONING TO $EF'6ELOWED TO EXPTRE
Mr. Lawson stated thaC they do not recommend an extension
of the areas deleted from the Nord-Casa rezone: Hosler Track; the SW
corner of Anita and Hwy 99 (AP 47-25-102), the Crow property (AP 47-15-27),
and the Whipple property.
The Board concurred with Mr. Lawson's recommendation.
75-924 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
Supervisor McKiblop moved and it was seconded by Supervisor
Madigan that maps al, 2 and 3 be approved.
David Duncombe appeared to discuss condition 3 of his parcel
map. He has three lots and this condition would require that he pave
a road fa front of all three. He stated that he was planning to sell
two of these lots but if he had to pave the road the coat of the paving
would prohibit hie selling the property. This is a dead-end•-road, and
the lots are in an urban area. It was suggested that the road stop at
the end of the second lot which would still allow access to the third
lot.
Mr. Duncombe stated that he would also like to realign the
road. Mr. Bleckatock stated that this fe permiaeable as long as it is
within the right of way boundaries.
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and carried, the Board approved the following tentative parcel maps, changing
condition 3 on the Duncombe map, that the maps be approved subject to the
condff~,ons, with the note that negative EIRe have been filed and that the
findings be that they are in consistency with the zoning and general plan:
Zoned A-2 G.W. Haase, AP 71-02-08, 2 lots, west of Racker-
G.P. Timber feller Zane, south of Bald Rock Rd., Berry Creek.
& Mt. Terrain Engineer: Kendall Engineering
Pursuant to the requiremeata of Section 20.3 of the Butte County Code, the
tentative parcel map of the above property hoe been reviewed by the Butte
County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval
of the tentative parcel map, subject'to~the following conditions:
May 27, 1975
Page 375.
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1. Yroaf of water, or place the statement on the map.
2. Verify legal access.
3. Provide traversable access.
4. Deed to the County of Butte 60 ft. right-of-way, 30 ft. oa either aide
of Rockerfeller Laae.
5. Indicate a 50 ft. building setback from the centerline of Rockerfeller
Lase.
A Negative Declaration Regarding Environmental Impact was filed with the
County Clerk on April 28, 1975.
The timber mountain classification is intended for those areas which have
value ae timber producing areas, watershed areas, scenic areas, recreational
areas and areas which by their character and perticulartopography require
special treatment and protection to mitigate potential damage. Residential
development in these areas should be confined to areas where the topographq
of the land will allow a minimum amount of damage by way of erosion, siltation,
surface and ground water pollution or the destruction of scenic sad historical
areas. Density should be considered on the basis of these factors and
weighed against alternate use of the areas for timber production, recreation
and watershed protection.
~ ~ ~
zoned A-2 Ed Francis, AP 30-101-75, 4 lots, 18th Street, north
G.P. 1-4 of Grand Avenue, Thermalito. Engineer: Graves & Geddis,
du/ac
Pursuant to the requirements of Section 20.3 of the Butte County Code, the
tentative parcel map of the above property has been reviewed by the Butte
County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission reeo~end approval
o£ the tentative map, aub,ject to the following conditions:
1. Construct a cul-de-sac at the sad of the 60 ft. right-of-way.
2. Provide traversable access to RS9 LD2 standards, and obtain an encroach-
ment permit prior to starting construction.
3. Deed 20 ft. sanitary sewer easement to County Service Area ~'~26 along
the northerly property line.
4. Deed to the County of Butte 20 ft. drainage easement.
A Negative Declaration Regarding Environmental Impact was filed with the
County Clerk on April 28, 1975.
~ ~t ~
k
Zoned R-1 A & C David M. buncombe, AP 52-01-24, 3 lotay south
G.P. 5-8 du/ac of Bills R,d., east of Oliver Rd., Paradise.
Surveyor: Thiel Lippincott
Pursuant to the requirements of Section 20.3 of the Butte Ceunty Code,
the tentative parcel map of the above ids»tified property hoe been reviewed
by the Butte County Subdivision Cottmnittee'and the Planning Co~~yi27, 1975
Page 376. Ma
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Miya2i ~.llc7~ s a a a a a a s a e a a a o e
The Subdivision Committee and the Planning Commission recommend approval
of the tentative parcel map, subject to the following conditions:
1. Verify legal parcel,
2. Verify legal access to Lot 3.
3. Construct access easement to R59 LD2 standards to the south property
line of lot 2.
4. Dead to the County of Butte 30 ft. right-of-wey £rom the centerline of
Bills Road.
5. Indicate a 50 ft. building setback from the centerline of Bills Road.
b. Deed to the County of Butte a 20 ft. drainage easement along the
existing swale.
7. Shaw a cul-de-sec at the end of the easement.
8. Lots must meet the minimum requirements of the Subdivision Ordinance.
A Negative Declaration Regarding Environmental Tmpact was filed with the
County Clerk on April 21, 1975.
75-925 DENX TENTATIVE PARCEL MAP RECOMMENDED FOR DENTAL
Mr. Lawson explained that this was a--very pocr;:lot design and
is in an area that has been heavily parceled. For these reasons, they
recommend denial.
On motion of Supervisor.Madiga~i,~{seeofided~by 6upervisor Richter
and carried, the Board concurred with the Planning Commission and denied
the following tentative parcel map recommended far denial:
Zoned A-3 Fred & Carol Osguthorpe, AP 28-27;27, 4 lots,
G.Y. 1-5 Bangor Park Rd., approx. ~ mile west of Oro-Bangor
du/ac tiwy. Engineer: Graves & Geddis
Pursuant to the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of the above property has been reviewed by the
Butte County Subdivision Committee and the Planning Commission.
The Subdivis ion Committee and the Planning Commission recommend denial of
thin tentative map, due to undesirable lot design. If approved, the following
conditions 8re recommended:
1. That since Parcel 3 cannot be developed, that the south line of Lot 1
be extended south to the northerly line of Lot ~+.
2, Deed to the County of Butte, 80 ft. right-of-way; 40 ft. on either
aide of Bangor Park Rd.
3. Indicate a 55 ft. building setback from the centerline of Bangor
Park Road.
4. Verify legal access to Parcel 4.
5. Provide traversable acceae.
Page 377.
May 27, 1975
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Ma~* 27, 1975
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6. Indicate a 50 ft. building setback as easement to Parcel 4.
7. Realign easement to miss existing wells on Parcel 2.
A Negative Aeclaration Regarding Environmental Impact was filed with the
County Clerk on April 28, 1975.
RECESS: 12:10
RECONVENE: i:30
75-926 BEARING: APPEAL OF R.A. SCEALES, CHICO, OF PLANNING COMMISSION'S
REQUIREMENT FOR AN EIR FOR PROPOSED REZONING OF THE STILSON CANYON AREA,
CHICO
The hearing for the R.A. Scealea appehl•for an ETR on a rezoning
for 'the Stilson Canyon area was held.
Hearing opened to the public. Appearing:
Ralph Scealea gave a brief hisCOry of what they are trying to
do in the Stilson Canyon area. They are trying to restrict commercial
building in the area. They have held several meetings and have discussed
the possible zonings, finally settling on an S-3, a modification of S-2.
However, he has discussed this with the Planning Commission and they are
willing to combine this with the Forest Ranch and Butte Creek rezonings.
For this reason, he is withdrawing his appeal and the zoning application.
Mr. Lawson stated that the Planning Commission feels this ie
one contiguous area and they w.auld like to take care of all of this at
once to avoid gaps or pockets in the zoning. Mr. Scealea stated that the
area is now in favor of an S-2 zoning.
Discussion of whether an EIR should be written for this area
ae it is going from an unlimited A-2 to S-2. Chairman Ladd felt it
would be much better zoning and should sot have an EIR required. He
also stated that he did not want EIRs being used adversely. Mr. Lawson
suggested that Board members attend the EIR Committeek meetings to see
how they work. He stated that they have definite criteria from the state
and that they work~~long and hard on these matters.
Supervisor Richter stated that he feels the ETRa are not filled
out objectively.
Supervisor McRillop thought combining the three areas w1I1 save
money. Mr. Scealea will submit a letter of withdrawal.
Dave Rush formally requested that the Board of Supervisors
institute an interim zoning in the eras until the Planning Commission
gets to the permanent zoning. They wish to keep out commercial 'use.
Supervisor McRillop stated that Mr. Rush seeds to present a petition to
the Board showing endorsement of the '.interim zoning. Mr. Rush felt he
could speak for the area..as several newsletters explaining what was going
to be asked at today's Board meeting had been sent out, there~wasno opposition.
On motion of Supervisor McKiilop, aecm dad by Supervisor Madigan
and carried, the Board upheld the appeal and accepted Mr. Scealea withdrawal
of the zoning application, with a formal letter to that effect to be sent to
the clerk.
Page 378.
May 27, 1975
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75-927 ADOPT ORDINANCE 15$4 INTERIM ZONING THE STILSON CANYON AREA
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the Board adopted Ordinance 1584 interim zoning the Stilaon
Canyon area, ea described in the original application, en S-2 zone for a
period of 120 days with the findings that it is for the health and welfare
of the community, and authorized the Chairman to sign.
75-928 PUBLIC HEARING: ABANDONMENT OF PUBLIC UTILITY EASEMENT; ADOPT
RESOLUTION 75-83
Therpublic hearing for the abandonment of public utility easement,
portion of lots in Paradise Pines Unit No. 13 was held as advertised.
Hearing opened to the public. Appearing: No one. Hearing
closed to the public and confined to the Board.
Mr. Castleberry explained that this is to relocate and combine
some lots and make the easement in a more satisfactory plAce for the
person.
On motion of Supervisor Richter, seconded by Supervisor McKillop
and carried, the Board adapted Resolution 75-$3, abando~ent of public
utility easement (Paradise Pines Unit No. 13), and authorized the Chairman
to sign.
75-929 PUBLIC HEARING: EXTENSION OF INTERIM TM-2 ZONING FOR PROPERTY AT
FOREST RANCB: ADOPT ORDINANCE 1585
The public hearing on the extension of the interim TM-2 zoning
for property located at Forest Ranch was held as advertised. Mr. Lawson
explained that the Planning Commission has net a public hearing for the
permanent zoning sad that the extension is needed to fill the gap.
Hearing opened to the public. Appearing:
Claude Willie, Butte Meadow Stage, Chico. Mr. Willis is the
chairman of the steering dommitt~e that has been working on the zoning.
They would like very much. to have the extension of the interim zoning.
Hearing closed to the public sad confined to the Board.
Supervisor Madigan moved and it was seconded by Supervisor
Richter that the interim zoning be extended for i20 days.
Discussion of time needed. Mr. Lawson requested that it be
extended for nix months to be sure the Planning Commission would have
time to complete everything.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and harried, the Board adopted Ordinance 1585 extending the interim TM-2
zoning of the Forest Ranch area for 180 days, and authorized the Chairman
to sign.
75-930 PUBLIC HEARING: CLARK ROAD ASSESSMENT DISTRICT
The public hearing for the Clark Road assessment District was
held as advertised. Page 379.
May 27, 1975
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Clay Castleberry, Director of Public Works, explained that
special monies have been made available for this project at this time.
This ie a one shot deal and the money cannot be used elsewhere or at a
later date. The federal goverz-ment has approved the money and Mr.
Castleberry proposes that those funds be used for the storm drain
installation. This will not change the County's costs but will reduce
the amount that was to be paid by the people. The federal contribution
would be approximately $70,000 to $80,000 for the storm drain part.
Mr. Castleberry went on to explain the proposed project on
Clark Road. This will include making the present road into four lanes
and also installing some traffic signals.
Hearing opened to the public. Appearing:
Phil Mace, attorney, representing aim Thomas who awns two
parcels at the intersection of Bills and Clark. Mr. Mace presented a
petition with signatures of people opposing the project. However, Mr.
Mace explained that this petition had been circulated before the federal
money had been made available.
Chairman Ladd stated that he felt the Board should take no
action on this matter today as Supervisor Camexon was absent.
Mr. Mace explained that at this time, he 18 representing only
Mr. Thomas and no one else. Mr. Thomas feels that the increased traffic
being Funneled from four lanes back into two would be a detriment to his
business. He also feels that the drainage would be shunted down to astream
that the county does nat own or have easements to. Mr. Mace feels this
is a piece-meal project.
Mr. Castleberry stated that the County does own several easements
to the stream.
Larry Just, representing the Masonic Temple in Paradise, stated
that they are in favor of the project. $e stated that they have several
meetingathere per month with heavy traffic and feels the project will
cut down on accidents.
Gwen Glover, Peter Pan Day School, feels the project will benefit
the whole community and should not have to be paid for by only a few.
She questioned whether there is enough traffic on the road to warrant this
expense. She also questioned the post of the curbs.
Dan Cook explained that the curbs will cost approximately $b.50
per foot and that this was reasonable. Tf the cost was to go to an
assessment district, it would add about 30 to 40 percent. Chairman Ladd
explained that if everyone assessed elected to pay cash in advance for the
improvements of curbs and gutters, it would possibly reduce the coat by
ae much as 40 percent because it wouldn't have to go into an assessment
district and would save the coat of bond counsel and several other items.
Mr. Castleberry replied to the statement that the project is a
piece-meal project stating that they would like for the project to go
two miles but simply do not have the money to do so at this time.
Supervisor Richter pointed out to Mre. Glover that the money
spent now far curbs and gutters will increase the value of her property.
Chairman Ladd stated that using the federal funds is only a recommendation
at this point and it will require a decision, which will probably be made next
week. Page 380.
May 27, 1975
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Everett S, Krackov, owner of an olive orchard on Clark Road,
read a prepared statement opposing the project. A portion of the letter
stated that because the Paradise library site ie in the area, there is
a conflict of interest. Chairman Ladd replied that the library is for
the people and there is no conflict whatsoever.
Chairman Ladd pointed out to Mr. Krackov Chat half of the
property he has is non-agricultural. Mr. Krackov still opposed the
project.
Mr. Castleberry pointed out that if the federal funds are
not used for this, the project will not continue.
John Rodriquez, Jr. Se is a developer and he and his partner
are definitely in favor of the project.
Francis Blumert objected to the county buying a right of way
from him and then charging,him for the curbs and gutters that will be
put on it. Mr. Castleberry stated that in the past when the price and
coat have been the same, there has been a trade of property for the
improvements.
Mr. Blumert stated that he is opposed to the project.
Gloria Wilson stated they own a rental business on Clark Road.
She stated thaC when they obtained as access permit, a condition on the
permit was to widen the road and pave it~iand also install curbs. They
also had to donate the land. She objects to the fact that while they had
to donate the land, now other people are being paid for the land.
Mr. Castleberry stated that this hoe come up before. Supervisor McKillop
felt that she should be compensated for the property. Mr. Castleberry
stated that this dedication and widening of the road is often a condition
as a permit..'He•stated~that:i€we~change:wae1in~de~the:8oard w'tt31d have to decide
howifar to•gp-back;cthesame situation could apply to twenty years ago.
Supervisor McKillop requested that Mr. Castleberry check and find out how
the land was acquired and by what permit. Mr. Castleberry will handle this.
Mrs. Glover reappeared to ask when she would know how rhuch
the County is going to give her far her right-of-way. Mr. Castleberry
stated he will request that the right-o£-way agent meet with her as soon.
as possible.
hearing.
Searing continued to June 3, 1975 at 10:30 a.m. as an open
75-931 PUBLIC HEARIDTG: GUS GORE APPEAL OF REZONING RE VEST DUREIAM
Thecpublic hearing for the Gus Gore appeal of the denied
rezoning request for 6 acres in Durham was held as advertised.
Hearing opened to the public. Appearing:
Ralph Maynard, representing Gus Gore. Mr. Maynard explained
that they requested an M-1 zone to allow light industrial use. The
land adjacent to the property is also zoned M-1. Mr. Maynard explained
that this land is unsuitable for agriculture. They do not know what the
land would be used for as they do not have a tenant for it ae yet.
Mr. Lawson explained that the owner of the adjacent property
had applied far a use permitDwhich was•~iepied, eo they applied for rezoning
and it was granted. The Commi.eaion is going to try and down zone the
property to atop expansion.
Page 381. May 27, 1975
~. '"-,
day 27, 1975
rearing closed to the public and confined Co the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the Board upheld the action of the Planning Commission and
denied the rezoning.
RECESS: 3:35 RECONVENE: 3:50
75-932 ORDINANCE AMENDING ORDINANCE 475 PUT OVER ONE WEEK..
Mr. Blackatock stated that Mr. Leach was not available for
this item. Chairman Ladd suggested that it be put over with~Mr. Leach
to come to the Board room whenever he is available. The Board will handle
this at any time except during a public hearing.
Matter put over to June 3, 1975.
75-933 PLANS FOR PARADISE LIBRAR PUT O R ONE WEEK
The Board received a memo from Cook Associates stating Chat
would not be available for this week's meeting but would be present
next week. They also apologized for the delay.
Matter put aver to June 3, 1975.
75-934 BOARD TO APPOINT CHARTER STUDY COMMITTEE
Supervisor Madigan stated that he feels it is time to again
appoint a study committee to look at the county charter, as there are
several outdated items included. He suggested that each Board member
appoint only one member +to the committee. He feels more will be accomplished
by a smaller committee than was accomplished by the 15-member committee
previouslq appointed. Supervisor Madigan also suggested three areas that
need special consideration: elected officials,admiaietrative office and
fiscal independence for schools.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and carried, the Board approved appointing a committee to study the
County charter, each Board member to appoint one member.
It waa stated that the charter revisions no longer have to go
to the legislature buC that it still goes before the public on a ballot.
Discussion of the Administrative Office. Supervisor Richter felt mere
direction should come from the office on some matters.
75-935 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Madigan stated that he had received petitions from
people stating they had been told they were going to have their apartment
building included in the federal hauaing system. Supervisor Madigan feels
this was miarepresentatlon to these people and requested that this item
be placed on the agenda.
Matter to be placed on agenda for Juae 3, 1975.
Chairman Ladd expressed concern over thelateneas of the budgets.
Nr. Nickelson explained that the original documents were late in going to
the departments. Thin made Che departments respond even later. There is
a resolution which enables the Auditor to draw up budgets for departments
that are late in turning in their budget. However, it was the Auditor's
department that was late in the first place. Supervisor Madigan suggested
and the Board concurred, that a note be placed on the calendar to make
sure that the Auditor has his items completed or at least started by November.
Mr. Nickelson will handle this.
Page 382. May 27, 1975
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May 27, 1475
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75-936 APPOINT SUPERVISOR RICHTER TO REPLACE SUP&RVISOR CAMERON CN LAFCO
Chairman Ladd stated that he had thought about the appointment
of someone to replace Supervisor Cameron. He doesn't feel he can :handle
this himself as his schedule is so busy now.
It was moved and seconded that Chairman Ladd be appointed to
LAFCo. Chairman Ladd stated he definitely could not fiC this into his
schedule.
On motion of Supervisor Madigan, seconded by Supervisor
McKillop and carried, the Board appointed Supervisor Richter to complete
Supervisor Cameron's term on LAFCo.
~DJOU1tNMENT
There being nothing further before the Board et this time,
the meeting was adjourned at 4:30 p.m, to reconvene et 9:00 a.m. &n
Tuesday, June 3, 1975.
Chairman
ATT$ST; ~CL~ARK A. N/ELSON~, COeUNTY CLERK
Board of Supervisors Clerk
Page 383. May 27, 1975