HomeMy WebLinkAboutM061576,~
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June 15, fN76
STATE OF CALIFORNIA Q
55,
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron.
Gif Nickelson, Administrative Officer, pan Blackstnck, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Cdtt, Board of Supervisors Clerk.
Pledge of allegiance to the Flag of the United Stafes of America
76-948 APPROVAL OF MINUTES
On motion of Supervisor McKillpp, seconded by Supervisor Ladd and
unanimously carried, the minutes of June 8, 1975 were approved as moiled with the
amendment to Item 76-889, page 375, to state that Dr. Heindl 's appointment as County
Health Officer was effective as of June 18, 1976. Supervisor Madigan commented on the
action token on Lee Cofby's request. Discussed; County Counsel to present a written
opinion by next week's meeting.
75-944 COMMUNICATIONS
roves, Ge is an DrESCOII, Oroville, The Engineers on behalf of Morris and
Madeline Facer, request that their tentative parcel map be referred back to
' ~ TJ ~ p d . I the Planning Commission as they wish to apply for an exception to a
40 ft, easement condition. ',:o be handled when Planning Director is
present„
Gridley-Biggs Cemetery pistrict. The District Board of Directors S. S. Hinaman,
W. W. Johnson, and George B. Sligar indicate that they are desirous
s ~ ~ j of continuing their terms as Directors of Cemetery District which e~Cpired
O p ' May 1976. See motion following communications.
Lawrence Berkeley Laboratory. Alan R. Smith, health physicist, writes concerning
G~~ ,7 ,~ the laboratory's earthquake prediction program from the standpoint of
developing funding to assure continuation of work at Orovifle. Discussed.
Mr, Smith will be asked to Board meeting next week to discuss this matter.
Boccardo, Blum, Lull, Niland $ Bell. The Attorneys, on behalf of Kevin Klein,
/ 0 0 • L~ sari inglouKof an automobilehacc denlt onlCentenn~lal Avenue11nearf So th ages
Park Drive, Chico. See motion following communications.
State Department of Finance. The Deportment sends notification that they have
S i certified to the Controller that the estimated population of Butte County
f Q~, as of January I, 1975 was 121,400. information; no action taken.
California Woter Commission. The Commission writes asking that appropriate steps
1 be taken to develop a program for the paradise Irrigation District area which
5 recognizes the need for regulating development consistent with available
0 ~ ' water supplies. Chairman Cameron stated he had talked to one of the directors
of the District yesterday, .Jt was felt They should be asked to have a report
on the status of the matter. See motion following communications.
Bak r; Cornell $ Hait. The attorneys, on behalf of S. G. Evans,Jr. et al, File
a claim for damages in the amount of ~60,p00. See motion following communications. -
,( D Q . Z '~ . ~ Page 401.
.~ ~ June 15, 1976
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Charles F. Hawkins, attorney at law. Files claim against County and City of Chico
~dG • Z&'~ Z on behalf of Tim Iday Sutton. See motion following communications.
Ramon Walters, Chairperson, Butte Co. Coordinating Council on Mental Retardation
and Developmental Disabilities; Mary Ann Lucero, Butte Co. Association for
Retarded, Inc, and Milton LeCouteur, representative to Area II Developmental
~ ~ 0 . 'L ~ Disabilities Planning Board. They write in support of Assembly Bills
3800-3809. Letter read and discussed. County Counsel to prepare a report
on the bills; Board to take action at later date.
Vemon Allen. Resignation as Chairman of the Board of Directors of Wyandotte
~ O ~ ` S 3. Z' Cemetery District. See motion following communications.
Jim Rowe. Thanks Board for appointment to the Butte County Housing Authority
7 •~ ~, p d Board. Read and discussed. Supervisor Richter commented on the low
income housing in Chico. Statements made in the paper by Mr. McCafferty
has disturbed him. tie felt the statements should be repudiated.
James D. Epting. Appeal of denial by Planning Commission of rezone from "A-5" to "AR-MH-2
/ / 3 , O 0, ~"' `BAR-MH-2"for property identified as AP 25-22-04. Set for hearing on
July 6, 1976 at 10:30 a.m.
76-950 APPROVE RE-APPOINTMENT OF MEMBERS OF BOARD OF DIRECTORS OF
GRIDLEY-61GG5 CEMETERY DISTRICT
On motion of Supervisor Ladd, seconded by Supervisor Richter and
unanimously carried, the following were re-appointed members of the Gridley-Big®s
Cemetery pistric# Board of Directors, for the terms prescribed by law:
S. S. Hinaman
W. W. Johnson
George B. 5ligar
whose terms expried May 1976.
76-951 REJECT CLAIM50F KEVIN KLEIN KIMBERLY KLEIN & BETH PHILLIPS
On motion of Supervisor Madigan, secon e y Supervisor Ladd and
unanimously carried, the claims totaling ~3 mill ion For damages arising out of an
automobile accident on Centennial Avenue near South Park Drive, Chico, filed
on behalf of Kevin ' Hein, Kimberly K+Ie"Fn artd Beth Phillips were rejec#ed and
referred to County Counsel and Insurance carrier.
76-952 REQUEST REPORT FROM PARADISE IRRIGATION DISTRICT IN VIEW OF LETTER
FROM : ;Ft~ltt+11i4-WArTEft COMMISSION
It was move y Supervisor Ma igan, seconded by Supervisor McKillop and
unanimously carried, that in view of the letter from the California Water Commission,
a rerport would be rcgquested from the Paradise Irrigation District on the status of the
water situation in the i r d istrict.
76-953 REJECT CLAIM OF S. G. EVANS, JR. ET AL
On oration o Supervisor Ma igan, seconded by Supervisor McKillop and
unanimously carried, the claim filed by Baker, Cornell ~ Halt on behalFof S. G,
Evans, Jr., et al, for damages in the amount of X60,000 was rejected and referred
to County Counsel and the County's insurance carrier.
Page 402.
June 15, 1976
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76-954 REJECT CLAIM OF TIM ROY SUTTON
On motion of Supervisor McKi op, seconded by Supervisor Madigan and
unanimously carried, the claim of Tim Roy Sutton in the amount of $100,000 was
rejected and refereed to County Counsel and County's insurance carrier.
76-955 ACCEPT RESIGNATION OF VERNON ALLEN, CHAIRMAN OF BOARD OF DIRECTORS
OF WYANDOTTE CEMETERY DISTRICT
On motion of Supervisor Ladd, seconded by Supervisor Richter and
unanimously carried, the resignation of Vemon Allen as Chairman of the Board
of Directors of Wyandotte Cemetery District was accepted and a letter of thanks
for his services will be written to Mr. Allen.
COMMUNITY ACTION AGENCY GOVERNING BOARD
76- 56 DISCUSSION: MIGRA T EDUCATION 8 BUTTE COUNTY BRANCH OF
NAACP CONTRACT
A contract as been developed between the Community Action Agency and
the office of Migrant Education-legion II in the amount of $500. The contract
calls for migrant education to conduct bilingual/bi-cultural (raining workshops for
agencies and organizations in Butte County that will be video-taped and retained by
E.O.C. and mode available to other agencies. Work has already been performed.
Contract discussed. It was suggested that the Board review what has been
done; what kind of attendance was at the workshops; was the program worth the cost?
Supervisor Ladd felt the County should review what has taken place. Procedure
being presented to the Board after the fact discussed. It was suggested that this
be put over one week and have a brief report on the program next week.
A contract has been developed in the amount of $500 which calls for
the NAACP to conduct workshops in ceramics and knitting in Oroville for senior
citizen residents in Butte County. Work under the contract has already been
performed. Supervisor Richter set out questions relating to this contract.
Both contract were put over to Tuesday, June 22, 1976 to have a report
presented to the Board on what was accomplished by the workshops.
76-957 JUVENILE DELINQUENCY PROJECT: PUT OVERONE WEEK
On May 25 t e Board approved an office of Crimina Justice Planning
Juvenile Delinquency Project which would allow the Superintendent of Schools to
enter into sub-contract agreements with public or private agencies in providing
services. It is requested that asub-contract agreement between Schools and Butte
County E.O.C. be approved for the "Big Friend-Youth Council"project for an amount not to
exceed $3!,000.
Supervisor Richter questioned this contract, also. Big brother program
explained. Auditor's office had some of the same questions raised by Supervisor
Richter. They felt action should be held up one week on this contract.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the Juvenile Delinquency Project contract was put over
to Tuesday, .lone 22, 1976.
76-958 JOB DESCRIPTION APPROVED FOR YOUTH PROGRAM COORDINATOR
On motion of Supervisor Richter ••seoonded by Supervisor Madigan and
Page 4'03. June 15, 1976
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_____--_-___=====June.l5r19Zf~.===---------------
unanimously carried, job description for the Youth program Coordinator was approved.
74-959 ADOPT ORDINANCE 1724, ADOPTING MERIT SYSTEM ORDINANCE
On motion of Supervisor McKi op, secon ed y Supervisor Madigan and
unanimously carried, the second reading of the merit system ordinance was waived,
Ordinance 1725 adopting the merit rystem was adopted and the Chairman was
authorized to sign.
76-960 gDOPT RESOLUTION 76-104 AMENDING RESOLUTION NO. 62-5 {RULES
AND PROCEDURES FOR THE ADMINISTRATION OF A MERIT SYSTEM)
CLASSIFICATION PLAN IMPLEMENTATION
T sa ary or finance approved ast week provided for the implementation
of the CPS classification and pay report. TFiis resolution establishes the procedure
for implementing the ordinance. Mr. Rackerby explained the purpose of the
resolution.
On motion of Supervisor Richter, seconded by Supervisor Madigan, and
unanimously carried, Resolution 74-104 amending Resolution No. 62-5 {rules and
procedures for the administrtrtion of a merit system) for classification plan
implementation was adopted and the Chairman authorized to sign.
7b-961 DISCUSSION: CITY OF CH ICO-COUNTY LIBRARY CONSOLIDATION AGREEMENT
T ogreement as en prepare r: contract for free i rary aervices;
grant of use of library facilities, furnishings, fixtures and collections; transfer
of library personnel; and construction of consolidated library. Agreement has been
approved by County Counsel and the Gity Attorney as well as the Ghico City
Manager.
Bob ,ones, Manager of Butte County Employees Association, reported
that he has been in contact by telephone with Fred Davis of Chico. He explained
the problem of the extra help person who has worked as extra help for the City of
Chico for the past 15 years. He would not recommend to the Board that this person
be brought aboard :a# her present status in the Ghico Library. Mr. Jones said he
would recommend that the Board contact Mr. Davis and tall him to write to the Board
stating he had complied with the law.
Mrs. McCullough, Chico Librory Commission, spoke on the matter.
Both the City of Chico and County ore in agreement that there should be one library.
The library agreement is not dependent upon this negotiation regarding personnel.
She said she would hate to see the agreement set aside because of this personnel
negotiation problem.
Mr. Jones set out the background of the personnel negotiations.
He requested another week delay in the approval of the agreement
Agreement put over to Tuesday, June 22, 1976.
76-962 APPROVE CONFLICT OF INTEREST CODES FOR SCHOOL DISTRICTS
On--motion of Supervisor Richter, seconded by Supervisor MciCillop and
unanimously carried, the following Conflict of Interest Codes were approved:
Butte County Board of Education
Butte County Superintendent chools
age
June 15, 1974
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paradise Unified Schoo! District
Biggs Unified School District
Thermotito Elementary School District
Pioneer Union School District
Palermo Union School District
Oroville Union High School District
Oroville School District
Manzanita School District
Golden Feather Union School District
Feather Falls Union School District
Chico Unified School District
Gridley Union School District
Gridley Union High School District
76-9b3 PROGRESS REPORT ON~i.=A~tyDSCAPE IMPROVEMENTS Oi~LD COURTHOUSE AREA
Scot Tandy gave a rie progress report on t e andscape improvements o o d
Courthouse area. tie has been working with Jean Minasian and Clay Castleberry for
a plan to utilize the space. A landscape artist in Walnut Creek is going to put
together a plan for the courthouge space, as requested by Jean Minasion.
The Ishi Monument is just about complete. Mr. Tandy said he would be
bringing, a full packet of recommendations book to the Board. The ramp will be
put up as suggested.
The Schools parking needs will be looked at when they occupy the
Administrative Building.
No action taken on this report.
76-954 DISCUSSION: NORTH CHICO URBAN AREA SEWAGE COLLECTION-TASK FORCE
APPROVE RECOMMENDATIONS IN POSITION PAPER ~I
Position paper No. as en prepared y e Tas Force established
jointly by the Board of Supervisors and Chico Ciry Council for the North Chico
urban area sewage collection. The Task Force has been looking at ways to
run the trunk I Ines up to the northeast Chico area. Supervisor Richter asked if
they have the methods for raising the financing of the trunk lines.
Howard Toussaint stated that if Position paper no. I was to be approved,
then the next position paper would discuss fhe methods the County would use to raise
the funds.
Position paper No. I is going to the Chico City Council meeting tonight
for discussion.
Boundaries of the area set out. At this time, all the property is outside
the City of Chiw. Mr. Toussain# agrees to the boundaries suggested. The
position paper requests that the Board approve the suggestions set aut in the paper.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the recommendations set out in the position paper presented
by the Task Force were approved in principle
Page 405.
June 15, 1976
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76-965 BUDGET TRANSFERS APPROVED
On motion of Supervisor McKillap, seconded by Supervisor Ladd and
unanimously carcisdr the Following budget transfers were approved:
B-198 Count Service Area No. ~ - Thetmalfto Sewer. Transfers $4,82D.21
from the reserve for tontingenefes and $14,390.29 from other reserves within the
phase 1 project with $23.21 going to administration, $13.02 to audit services,
$4,170 to engineerishg services, $6,788.73 to legal services, $700 to right
of way, and $7,515.54 to structures and improvements. The purpose of this
transfer is to transfer the unused appropriation to various phase 1 atcounts
pursuant to ThetmAlito Irrigation District tonstructions which have been
approved by their Board on May 20, 1976.
Also included in this transfer is $1,000 from maintenance of structures,
$100 from miscellaneous expenses, and $819.48 From equipment; with $1,919.48
going toward small tools and instruments. The purpose of this transfer is
to transfer appropriations to cover revised sewer tools and materials purchase
list.
e-Z10 Suoerfor Court. Transfers $10,000 from the reserve to professional
and specialized services because of the increase in felony jury trials resulting
in the appointment of attorneys in conflict of interest cases and preparation
of appeal transcripts. Professional and specialized services also covers
payment of psycholigical testing to doctors. ~?,
8-211 Assessor. Transfers $500 from office expense to rents and leases
of equipment in order to provide an appropriation for the rental of Xerox copiers
which was not established because the department was utflizing borrowed machines.
The borrowed machines produced poor copies and the supply cost for materials was
prohibitive.
B-212 Mental Health - DC RC. Transfers $2,500 from salaries and wages to
professional and specialized services in order to provide ~n additional
appropriation needed to cover an agreement With the California State University--
Chito fora student drug program in the amount of .$2,700. Contract was approved
by the Board oa May 18,1976 by minute order 75-780. ~_ _._ .. .:..~~
76-966 APPROVE DOCUMENTARY TRANSFER TAX REFUND TO BUTTE COUNTY TETLE
COMPANY: REQUESTED BY COUNTY RECORDER
ar out or nation is necessary to grant a $22.55 refund to Butte County
Title Company because of an error in computing the documentary transfer tax
fora deed that was filed.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, documentary transfer tax refund in the amount of $22,55
to Butte County Title Company was approved. '
RECESS: IQ:20
RECONVENED: 10:35
76-967 CONTINUED HEARING: WILLIAM T. MEINRICH APPEAL OF PLANNING
COMM3S510N'S DENIAL OF TENTATIVE PARCE! MAP
T e continue caring or~t a lam T. Heinrich appeal of Planning
age
June 15, 1976
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Commission's denial of tentative parcel map, four lots, AP 42-09-07, southwest
side of Nord Hwy., approximately I mile west of East Ave., Chico was held
at this time. Jim Lawson, Planning Director, set out the background of the
appeal. Map discussed.
Opened to the public at this time. Appearing;
Cal Bachman, engineer for Mr. Heinrich. Fie stated that it is the
Nord Avenue property that is under discussion. He does not feel that the
property is conducike to agriculture development. Development is better suited
to residential type development. This division of property would not take an
economic unit out of production.
Hearing closed to the public and confined to the Board.
Supervisor Ladd stated that on parcels of this 'size the County would not
be taking a economic unit out of rfarining; forming to some people is a recreation
project. These could be desirable units.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the denial of the Planning Commission of William T. Heinrich
tentative parcel map was upheld, and appeal filed by Mr. Heinrich denied.
76-968 RESCIND ACTION OP JUNE_ 8, 1976-JOHN BAKOS PARCEL MAP
Request by Bachman Engineering for an indefinite continuance on
John Bakos parcel mop, AP 44-09-13 and AP 44-32-24, inasmuch as the subject
parcel map is affected by an adjacent development. This map was approved
by the Board of Supervisors on June 8, 1976.
Cal Bachman explained the action being requested. The developer
would like to keep the map active for the present. At this time, they a-re
requesting that the Board rescind their action approving the map and continue
the map.
Request discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, action of June 8, 197b approving the John Bakos parcel
mop, AP 44-09-13 and AP 44-32-24, was rescinded and continuance on the -map
granted .
76-969 APPROVE TENTATIVE PARCEL MAP5 RECOMMENDED FOR APPROVAL:
-~Rf~ER FACER MAP BACK TO PLANNING
On motion o Supervisor McKi op, seconded by Supervisor Madigan
and unanimously carried, the following tentative parcel mops recommended for
approval were approved, subject to the conditions, with the finding that they
are consistent with the General Plan and that negative declarations have been
filed with the County Cterk; the Morris !3, Madeline Facer tentative parcel map
was referred back to the Planning Commission far study:
Page 407.
June I5, 1976
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C--~------.ZS-T~~"ir T. "J~S~2C=@L-'lltlC =C CICCCCL'C~CCC
?oned A-R i4ilbur Nesm'_th, A'P 36-Ofi-82, Q lots, north side of
G.P. 1-4 du/ac rZt. Ida Fbad, approx. .80 m~.1~s w=s t of Wyandotte-
Mir_ers Fanch Road, OrovillP. ~gine~r: Graves,
r~ddis & Driscoll
Pursuant tv the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of the above id?ntif_ed property has b?en re-
viewed by the Butte County Subdivision Committee and the Planning
Commission.
The Subdivision Committed and the P1an_~iing Commission recommend
approval of +..he'tentative map, subject to the following conditions:
1. Proof of adpquat~ domestic water.
2. Subject to sewer service being provided to each parcel and that the
applicant submit a l~tt~r from the Nerth Burbank Public Utilities
District stating that they are willing and able to serve parcels.
G
3. Provide trav~rsabl~ access and construct to R58 LD3 standard.
4. Obtain encroachment Hermits for each parcel.:
5. Domed to~•thP County of Butt: ~0 ft. right-of-way from the centerline
of Mt. Ida Road.
6. Indicate a 50 €t•. building setback from the •cent~rline of '..he 60 ft.
access sasem~:nt.
7. Indicate a 20 ft. building setback from thA northArly end of the
easement.
B. Show all Qasements of record on the final man.
9. Access QasPments '.o be reserved zn d~~ds pQr County Ordinances.
10. Provide a road maintenance agreement.
A Negative Declaration Regarding Environcndntal Impact was filed with the
County Clerk on May 17, 1976, finding the nrovosal is in conformances with
th~ Butte County GPr.~ral Plan and zoning on the property, and is also in '
confarmanee,with existinx~ uses~in th° area.
Zoned A-2 Eugene J. Butler, AP 4d-45-2 +i ,•2 lots, £atan Road,
G.P. 1-4 du/ac approx. k tn±le west of ~Cohasset Road, Chico.
Pursuant to the requirements of Section 20.3 of the Butte County Code,
the tentative parcel man of the abov4 identified pron~rty has been r~-
viewed by the Butte County Subdivision CornmittpP and the Planning
Commission.
'The Subdivision Committee and the Planning Commies;on recommend
approval of the tentative map, subject to th_ following conditions:
1. Show existing well on Parcel 2 and a 100 ft. leach field free s~t-
back around said well.
2, show an area or sit¢ for installation of well on Parcel 1 and .a
,___ 140 ft. leach field free sett~ack around.,said well, or site, '
Poge dDB..
June f5, 1976
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a---a--------a a~a~~~SY~~C C C c.^.. =CF C ca-c-c c cc
3: Both narc~ls to meet the minimum criteria of the Ordinance. ~
4. Prcvid~ traversable access, and ob to+n an encroachment permit
for Parcel 1 & 2. ~
~~ ' S. 'peed t'o`''"the County of Buttp 40 ft. ra.crht-of-way from the Centerline
of Eaton Road. ~
'i
6. Indicate a 55 ft. building setback from tho center3.ins of Eaton Rd.
7. Submit drainaG° plans to the Dept. of Public Works for approval anc~ I
install reRuirpd facilities.
e. Show all easements of record or_ the final man. !
9. Indicate a 50 ft, septic tank free setriack from the wast~*rly sdg~
of the drainage ditch.
A Negativ= Declaration Regarding Environmental Impact was Bled with
the County Clerk on May 17, 1976, f'_ndinq thQ proposal is in confo r
manse with the General Plan and uses in the area.
Zoned A-2 & A-5 pick ~5cholk, AP 41-13-25, 3 lots,~wbst side of ,
~•P. 1-5 ac/du Williams P.oad, approx. 1 mile north of P~ntz P.d.
Pursuant to the requirements of Section 20.3 of the'8utte County Code,
the tentative parcel man of the abovs idpntifin~d nronprty has been rP-
vi_wed by the Butte County Subdivision Committee and th° planning
Commission.
The Subdivision Committee and the Planning Commiss_on recommend
approval of the tentative map, subject to the following conditions:
1. Verify legal parcel.
2 • Verify i~gal access .
3. Provide traversable access to each parcel and obtain ~ncroachmAnt
p°rmits from -the County of Butte.
4. DeQd to the County of Butte 40 ft. r?ght-of-way from the north &auth
centerline of the NEB of Section 29. ~
5. Indicate a 55 ft. huilding setbacY, from the centerline of Williams
•Road. wu,
6. Show all easements of record on the final man.
7. Submit to the County of Butt° five altarnat~ names (in lieu of
Williams Rd.] . '
8. Note that the County of ButtA will not be responsiblA for the struc-
tural integrity of the bridge sArving parcel 1 & 4.
9. Indicate a 50 ft, building setback from thQ cep+..erlinQ of the access
easement.
10. Show location of creek channel and a 100 ft. leach field fr~Q s~tbacic.
from the high water line on teach side. `
. June 15, 1976
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11. Provides for fill?ng of swal6s and provide road s?d~ drainages to re-
move road side drainage from flowing onto property,
12. Show on each parcel the required usably area per Iiealt_h Department
requirements,
13. Provide proof of water or place t.'~e statement on *.hn ma» as required
by the ordinance.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on tray 17, 1976, finding the proposal is in confor-
mazce with the Crsnsral Plan and zoning on the orooerty, and the project:
Doses no significant adverse anv'ronm~ntal Pffccts.
The General Plan indicates twa categories of oven space in non-urban
ar_as: 1) multiple use open snare and 2) permanent open space.
Within the multiple use open space, lend in which the slope is generally
less than 25$ but which are not co~rered with valuably stands of timber,
the General Flan states that there is not expected to b~ any substantial
demand for urbanization of this land due to its location. Uses for which
it may be suitably include, but are not limited to:
Waterhsed Min°ra1 Extraction
Erosion control Golf courses
Wildlife habitat Private outdoor recreation
Grazing Riding stables
Tr°e crops Plant nurseries
Field crops Flood control
Scenic easements 6r°en belts _ _ . _
76-970 APPROVE JIJVtf+FILt HALL.PARTIAL ACCEPTANCE
Clay Castleberry, Director of PubliclKl~cs, reported that there
would have to be one more change order before the Juvenile Hali project
vrould be completed. A change order in the amount of $2,810.82 would 6e
needed. Items that would need to be done set out . An 87 day extension is
also requested.
It was requested that a parttcal acceptance of the building be
approved at this time . Extension discussed. Supervisor Ladd said that there
may be justification for the extension but he could not see what the justification
could be. Mr. Castleberry sugges#ec~ that the time extension be deleted at this
time and he will secure more inforrpa~ion for the Bodrd.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously,carried, the following action was taken:
I. Indicated acceptance of the three wings of Juvenile Holl, the
school facilities and the central monitoring area, subject to the punch list of the
architect and indicate that the notice of completion for the portion to be
with that for the entire building after flnol completion and au#hori zed a change
order (No. ~#} in the amount of X2,810,82.
76-971 APPROVE NOTICE OF COMPLETION: FEATHER RIVEROPPORTUNITY CENTER
WATER :'LINE . .. ; :-' .
~n:tnotion of Supervaor, Richter;'seconded;by Supervisor Ladd and `
rage 41b, June 15, 1976
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unanimously carried, the water line for Feather River Qpportunity Center was
accepted, Chairman outhoraed to sign the Notice of Completion and Clerk
instructed to record said Notice; final contract adjusting contract change order which
reduces the original contract amount by $1$3.45 was approved and payment minus
the standard 10% reduction authorized.
76-972 AUTHORIZE OILING 8 CHIPPING OF EXISTING ROADS BY BUILDER:
GERKE FRONT YOCUM STREETS-DAYTON
On motion o Supervisor Mc i op, seconded by Supervisor Madigan and
unanimously carried, the building was authorized to do the oiling and chipping of
the existing roads, Gerke, Front, Yocum Streets in Dayton, with Public Works
doing the preparation work for the oiling and chipping.
76-973 R0AD8~ BRIDGE CONSTRUCTION BIDDING: CONCUR WITH COMPETITIVE
BIDDING
On motion of Supervisor Ladd, second~dd•by Supervisor Richter and
unanimously carried, the Board conwrred with Public Works Department that
competitive bidding is generally best for road and bridge construction with
few exceptions.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, release of .$800 cash perPoriaance bond to guarantee
road construotion fund code F-123 was authorized for the Douglas paroel
map - AP 65-10-57.
76-925 APPROVE ADDENDUM TO_PARKTNG LOT AND PAVING CONTRACT
Public Works requests autharization~to include budgeted Biggs West
Gridley Road paving project on parking lot and paving contract approved
for advertising last week,
On motion of Supervisor Ladd, seconded by Supervisor Moifil.lop
and unanimously carried, addition of Biggs West Gridley Road to parking lot
and paving contract was approved.
76..976 REPORT: LETTER. FROM JOYCE L. HALL. LASSEN AVENUE ASSESSMENT DISTRSCT
Clay Castleberry, Director of Publio Works, reported on the
letter received from Joyce L, Na79 asking if she was in the district
(Lassen Avenue Assessment District), McCain and Assooiates has affirmed
that she is in the district. Everd McCain tail]. write to Mrs. Hall
informing her that she is within the distriot,
76-977 INFORMATION ITEMS
Mr. Castleberry atated he had a letter from Congressman Johnson
stating that the House had approved the County's suggestion to the scope
of the duties of the Department of Water Resources. Mr. Castleberry
wa.s authorized to contact Senator Tenney concerning this matter.
Mr. Castleberry reported on the matter of roll bars for
oonstruction equipment. Butte County has had about four tip-ovens;
this past weekend a motor grader tipped over and killed a motor grader
operator. Mr, Castleberry will propose through the Auditor a transfer
of funds to purchase the roll bars.
Mr, Castleberry stated he had presented the Board with an
aotivity report on activities in his department.
Page 411.
June 15, 1976
F''~ ~"h
__ _ _ _ _ J_un_e_I5 _1976
____ -------------- --_____.:~.:cc~~~_~--
Superv3sor Richter stated he was up in Paradise to secure a
building permit. Thera was a long line of people waiting to
secure permits and information. Tf this is the usual thing in that
office, maybe more help should be given'r,to.them.. He was told that
this was normal for a Monday.
Chairman Cameron stated he had reoeived calls on the upper
Skyway going into Snag Lake area. The road 1s olosed at times by the
construction project. Public Works will give them notice that the
closure cannot be for more than one hour at a time. Mr. Castleberry
said theta should be a set of rules to allow the local government to
have more control over these operations. Afr. Berlin from the Forest
Service will be requested to give a report on the logging operations
in the Snag Lake area.
Mr. Nickelson was requested to contact Mr. Berlin and request
that he look at the operations in that area and report to the Board.
7b-978 BID OPENING: SURPLUS REAL PROPERTY-AWARD OF BID TO BUTTE FEDERAL
CREDIT UNION
Bids were opened for surplus real property located on the
corner of nth and Nelson Avenues, Oroville. Dan Blackstook, County
Counsel, stated the bid should be opened and read; then bids could be
reoeived from the audience.
A bid was reoeived from Sutte Federal Credit Union, with check
enclosed in the amount of $1,280. Their bid was in the amount of
$12,800.00, with balance to be paid at close of escrow,
The Credit Union requests that the property be rezoned.
Bidding opened to the publio, No further bids reoeived.
Mr. Blackstook told the Boalyd to ignore the condition set out
on the bid. B111 Harelson, President of Board of Directors of Credit
Union requested that the condition be struck,
Bidding closed at this time.
On motion of Supervisor Richter, seconded by Supervisor McKillop
and unanimously carried, the bid of Butte Federal Credit Union was
accepted in the amount of $12,800.00; Resolution 76-105 awarding said
bid was adopted and the Chairman authorized to sign.
76- CERT CA OF APPRECIAT ON PRESENTED BY CREDIT UNION
Bill Harelson, President of Butte Federal Credit Union,
presented a Certificate of Appreciation from the Butte Federal Credit
Union to the Board of Supervisors, for the peat 25 years support .
of the Credit IInion.
7b- 8 APPEARANCE: J S S N OROVILLE
James Hanson, Oroville, presented oopies of the book "Terrible
1313 Revisited" to Chairman Cameron and Supervisor Richter. He said this
book is the backbone of Metro Government. He requested that Chairman
Cameron and Supervisor Richter read the book and pass them on to the
other members of the Board.
76- 8 APPEARANCE: MRS MARL WHITAKER CHICO
Mrs. Marge Whitaker, Chico, appealed the denial by the Board
of her paroel map, Mr. Blackstock stated that Mrs. Whitaker should have
filed an appeal of the Planning Commission's denial before the Board.
took action. Mr. Hlackstoak told her she should file another map .with ~
Page 412.
June I5, 1976
r•+ ~ -
====C==------==Jun~15j19Z6_--------------------
the Planning Corrttnission and go through the Planning Commission
hearings again. Matter discussed; no action taken.
76-9$2 PUBLIC HEARING: FRANK C. JACOBS, APPEAL OF PLANNING CCNQ2iSSI0NE5
DENIAL OF `TENTATIVE PARCEL MAP
The hearing on the Frank C. Jacobs appeal of Plasvsing Commission's
denial of tentative parcel map, 4 lots, A.P 62w26-29, north side of Bald
Rook Road, at intersection with Zink Road, northeast of droville was
held at this time.
Robert Brooks appeared representing Frank C. Jacobs.
He stated that the request for division of this property was for
the purpose of dividing the property to leave to members of Mr. Jaeobs
family,
Size and shape of proposed parcels set out and discussed. All
the parcels are large i.rt size, either 2 to 9 acres each. Mr. Castleberry
said there era other paroels of a size similar to these lots in that
area.
Mr. Hlackstock requested that action on this map be put over
one week to look over the General Plan. It is designated as open space
in the General Plan.
Hearing closed to the publio and confined to the Boatd.
On motion of Supervisor MoKillop, seconded by Supervisor Ladd
and unanimously carried, the following tentative parcel map urea approved,
subject to: the conditions, with a 5th oondition added to state that
there will ba no ftisrthar divisions allowed of this property, said condition
• to be made a part of the map, with the finding that the map is consistent
with the General Plan and that a negative statement has been filed with
the County Clerk:
7.ened A-2 Frz*sk C. Jacobs, AP 62--26-29, 4 lots, north sic'°
~.P. TimS~r & of Bald Rocl~ Road, at intersection with Zink Rat.
?3t. Tezrain northeast of Oroville:. Engin4sr: Gra^_t EIl?ott
Pursuant to the requ{resn6nts of Section 20.3 of the Buttes County Cods,
t'tse teatatit•e parcel map of t'~P abovs identified prop°rty has been re-
viewed by the Butts County Subdivision Committee and the Planning
Commission.
The Subdivision Committee recomaended approval of the tentative mep.
The Planning Corctmission recommsnds dsnial, finding that the t°ntativs
map is not in conformance with the General Plans. Zf approved, th°
fallowing conditions are recommended:
Z. V-rify that, Parcel 3 and 4 meat the minisnumt requir°m~ists of the
-Ordinar_cs and verify dept}s of soil. ': .
.- .;
2. Deed to the County of Butte 3A ft. right-of-way from the aenterlinF
of Z=_'rac Road.
3 . Provid~~ traversable acC!°sa , and obtain sncroachmsnt nsrmits .
4. Indicate a 50 • £t. building- setback from the oentPrl? r_e of Zi rk Rd.
5. That there be no further division of the•propprties,~and that a
- ,,.staternt._to_that effect be laced on the final map.
age .._-..__.__.._..- ---- - - -
• June 15, 1976
l~`~ ~ _
________________1uge_l~,~IQ7.b===___ ______~_~~~__~
A Plegativs Declaration R~gard:ng Environmental Imr:act was filmed with t'~A
County Clerk on May 10. 1976, finding the proposal doses no ssgrificant
adverse environmental effects, however, it is a continued downoarceling
of an aria designated as permanent open spa c° on th°_c:°n~ral Plan and
such downparcel_ng wall baud a significant cumulative environmental
impact.
The timber mounts.-n classifzcation is i.ntAnded for thosQ areas.wh=ch have
value as timber producing areas, watershed areas, scenic ar°as, recrea-
tional aromas and areas which by their character and particular tonography
rAquire special treatment and protee*,.?.on to mita.gate potential damage.
Residential develapmsnt in these areas should bs conf_ned to areas where
the tonography of the la.~d will allow a minimum amount of damage by gray
of erosion, siltation, surface and ground wrat°r pollution or the destruc-
tion of scFn_c and h~.storical areas. Density should be considered or_ the
basis of th+~se factors and weighed against altPrnatA°tsseof the arras for
timbex_nroduction, recreat=on, and waterhs._d nrotsctinn.
RECESS: The Board recessred at 11:40 loran executive session
RECONVENED: The Board reconvened at 11:55 fallowing an executive session.
76-983 DISCUSSION: LASSEN AVENUE ASSESSMENT DISTRICT: COUNTY TO
PURCHASE BONDS
Dan B ac stock, County Counsel, reported on the exectave session
concerning Lassen Avenue Assessment District. Some of the defense material of
S. Evans vs County was discussed and oleo discussed method of proceeding in the
matter. The situation of the present time is that the County is arriving at the
crossroads of entering into the con#ract with Butte Creek Rack, which is a very
good bid.
Litigation has complications in the bid document where bond Company
bid for the bonds. There has to be a legal opinion. Due to the litigation,
Bond Counsel will! not be able to give a unrestrictive opinion. without the
opinion, the bonds are not readily saleable.
In the discussions with the Treasurers Office, they feel that the 6 3/4% matches
the best investments on the books today. These bonds meet the criteria as to a
safe investment, County Counsel stated that there was always the element of
risk whenevery you purchased a bond.
County Counsel suggested that maybe the Board wouia i:ice to consider
purchasing the bonds themselves, and then after the litigation is completed, the
bonds could be sold.
Purchasing bonds discussed.
It was moved by Supervisor Richter, seconded by Supervisor Madison
and carried, that the recomrnendatioq of County Counsel be followed and that
the County be prepared to purchase the $72,520.22 bonds, with the understanding
that they would not be saleable at this time because of the lock of Bonding Counsel's
opinion, and that it be included that as soon as practicable after the litigation,
the bonds will be sold. '
AYES• Supervisors Ladd, Madigan, McKillop and Richter
NOES: Chairman Cameron Page i414.
June 15, 1976
_____________Ju~,~L5,~19ZE~=---_______~_~--~
RECESS: 12:10
RECONVENED: I :30
76-984 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED-
CODIFICATION OF ALL EXISTING BUTTE COUNTY ZONING ORDINANCES
INTO CHAPTER 24 OF COUNTY COpE
T pu is ar ng on t e Butte County Planning Commission initiated
codification of all existing Butte County Zoning ordinances into Chapter 24
of the Butte County Code, with additions and substantive changes was held.
Changes within the proposed codification set out by Jim Lawton, Planning
Director. Definitions clarified. Language changed regarding the
processing of violations.
A new review Board is proposed . The Master Zoning Maps will be
changed to show each zoning change that takes place.
Hearing opened to the public. Appearing:
1. Tom Whipple, Chico. He commented on the clarvfication and
the deletion of the C-I and C-2 districts in the M-I District. Also commented
on the penalty changes. Separate violations for each day in violation set out.
Mr. Blackstock stated that this was to protect the County in the matter of the
statute of limitations and makes it easier to prove the violation.
2. Bill Pryle, Chico. He also was concerned about the matter of
the penalties. Mr. Blackstock explained how the violation and penalties
would ba handled.
Mr. Blackstock suggested that the Board briefly discuss the ordinance
that the Planning Commission recommends. Board of Zoning Adjustments
recommended to be established. Another ordinance will be prepared to handle
the establishment of the Planning Commission within Chapter 2 of the Code.
This proposed Board would be made up of three regular members and two
alternate°. Time for this Board to meet was suggested as ;10:00 a.m. on a
certain day of the month. Make up of Board of Zoning discussed. The
Board felt the Board of Zoning Admustments should meet at 9;00 a.m.. Terms
of the members also discussed.
Mr. Blackstock will make the suggested changes to the ordinance
and bring it back later.
Supervisor Richter felt that the abandonment of non-conforming
uses should be be set at 12 months; he felt that it should be set at least for
24 months. Mr. Blackstock explained this items.
Supervisor Richter said he would like to have this hearing continued
to another date.
Nearing continued to June 29 at 2:00 p.m. and hearing left open
to the public.
Page 415.
June 15, 1976
tom.
____ ==W=====-_= June 1511976 __________________
76-985 PUBLIC HEARING: BOYD SEARS-REZONE FROM "A-5" to "A-ID"
(AGRICULTURAL) PROPERTY LOCATED ON NORTH SIDE OF COX LANE,
SOUTH OF PALERMO
T e pu is eating on the Boyd Sears-re one From "A-5" (agricultural)
to "A-ID" (agricultural) property located an the north side of .Cox. Lane,
approximately 3/4 mile east of Lanir free I~ad, south of Palermo, identified
as AP 27-22-10 was held as advertised. Mr. Lawson set out the background
of this rezoning. He stated that "A-10"allows for excavation of sand and gravel.
Hearing opened to the public. Appearing:
1. Boyd Sears, Thermalito. Hs explained the reasons for the re~ne,
They plan to deepen an existing pond so they could have ample water for
their farming operations. They would like to process and sell the material
that is taken from this pond.
2. Mr. Tom Powell, Oroville. He lives on Cox Lane , Oroville.
He spoke in opposition as he felt the pond would have quite an impact on the
area. It will create noise and dust. He felt that it would also affect the
water in their well.
Mr. Blackstock stated that in the event that there was to be mining,
this would come under Chapter 13 of the Code, relating to dredging mining in
the County. This would require a public hearing and the person doing the mining
would hove to replace the top soil.
3. Jordan Graham, Cox Lane, spoke in opposition to the rezoning.
Hearing closed to the public and confined to the Board.
Time spent discussing the operations that would be handled on the
property. It was stated that if fhe applicant desired to do this mining,
as removal of sand and gravel, he would have to petition the Board for a permit
Mr. Blackstock stated he would have to come back ro the Board for a mining
permit,
On motion of Supervisor Ladd, seconded by Supervisor Richter and
unanimously tarried, r¢o+ning approved, Ordinance No. 1725 adopted and
the Chairman was authorized to sign.
76-986 SITUATION ON KIBLER ROAD SET OUT
C airman Cameron set out a situation on Kibler imad, which relates
to the parking of construction equipment on private residential property.
This man has two trucks and a gunite truck. He is also storing materials at
the home, Mr, Lawson was requested to look into the situation. Neighbors
have been complaining about the situation.
76-987 APPOINTMENT TO LOAN ADVISORY COMMITTEE
On motion o Supervisor McK op, secon e y Supervisor Ladd and
unanimously carried, Mrs. Beryl Neuwirth, III Acacia Avenue, Oroville was
appointed ro the Loan Advisory Committee.
Page 416,
June 15, 197b
~. r
__~~~---_---=~neJ~,aY7k____________________
76-417 APPOINTMENTS TO SUBSTANCE ABUSE ,~ISORY COMMITTEE: PU7 OVER
Appointments to substance abuse advisory Committee put over one week.
76-4[8 APPROVE APPOINTMENTS TO PALERMO COMMUNITY CENTER ADVISORY CO M.
On motion of Supervisor Ladd, seconded by Supervisor McKillop any
unarimously carried, the following were appointed to the Palermo Community
Center Advisory Committee:
Cindy Waygood
John Graham
Ernest Stevenson
Linda Stuke
76-419 APPOINTMENTS TO COUNTY BUILDING CODE BOARD OF APPEALS
On motion o Supervisor La , seconde y Supervisor McKi op and
unanimously carried, Ron Graves was appointed to the Butte County Building
Code Board of Appeals.
76-420 APPOINTMENT ZrI~CONSUMER MEMBER TO THE EMERGENCY MEDICAL
SERVICES COMMITTEE: PUT OVERONE WEEK
Appointment o consumer mem r to t Emergency Medical Services
Committee was put over one week at request of the Board.
76-421 DISCUSSION: CSAC BUDGET FOR NEXT YEAR
CSAC u gat or next year iscusse C airman Cameron wil[ attend
the CSAC meeting Saturday and needs to know the Board's rewmmendation
concerning the budget. Supervisor Richter stated he hoped that there would
be no increase in the membership dues. Increase set out in budget explained.
Chairman Cameron was requested to inform CSAC not to increase Butte County's
portion of the budget. NACO dues discussed.
It was moved by Supervisor Madigan, seconded by Supervisor McKillop
and carried, that this Board support Chairman Cameron in the increase in the
budget, without decreasing the reserve and to inform them that the County
will look closely at next year's budget. AYES: Supervisors Ladd, Madigan,
McKillop and Chairman Cameron. NOES: Supervisor Richter
76-422 DISCUSSION OF SENATE BILL 2137 and ASSEMBLY BILL 4030
These are bills Supervisor Madigan presented for Board consideration.
These relate to the parole of prisoners. Bills discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, Senate Bill 2[37 and Assembly Bill 4030 were endorsed.
76-423 DISCUSSION OF ASSEMBLY BILL 2896
Assem y Bi 2 6 discussed. C airman Cameron stated he had called
Assemblyman Green's office to secure an update of the bill. Clif Nickelson,
Administrative Officer, stated he had an update on the bill; it looks like this
bill is dead and something else will take its place. Educational people are
in favor of this bill.
Amendments to the bill discussed.
Page 417.
June 15, 1976
r. r'~~
June 15,_1976
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the Board opposed the Green Bill, AB 2896.
76-424 APPROVE INTERIM ASSISTANCE AGREEMENT
. Mic a son reporte tat e a one item. Fle re quested the
execution of an interim assistance program agreement with the State:~pepartment
of Benefit Payments. Agreement explained.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the Chairman was authorised to sign the interim assistance
agreement aoetween the State. Department of Benefit Payments and the County of
Butte.
76-425 DISCUSSION: MEMO FROM EMPLOYEES ASSOCIATION
Supervisor Madigan commente on t etter distri uted from the
Butte County Employees Association. Mr. Nickelson stated that comments
relating to this were in the Board's packets and that Mr. Blackstock will
review the matter and will report back next week,
7b-42G APPROVE AMENDMENT TO BOARD MINUTES DATED JUNE B, 1976
A memo from Jim Lawson, Panning Director, re acing to a Board
minute item on the public hearing held by Darro Grieco last week. Memo
read and discussed.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the minutes of June 8, 1976, Page 342, Item 76-908
were corrected to state; that the Planning Director stated "that the land use lament
of the General Plan calls for T-M (Timber-Mountain}, but that the T-M zoning
classification allows uses which may be inconsistent with the T-M General Plan
designation. " ;.This will replace the first paragraph of Page 392.
76-427 5ENATORS TO BE CONTACTED WITH REQUEST TO PUSH ALONG THE
REVENUE SHARING BILL
Supervisor Ma igan commented on the Revenue Sharing billy w hich
has been approved by the House. It was suggested that the Senators whould be
contacted and requested to work on this bill to get it resolved prior to our
budget time. A letter should be written requesting their support in this matter.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, a letter was authorized to be written to U.S. Senators John
Tenney and Alan Cranston urging their support for the early passage of the
Revenue Sharing Bill.
76-428 ADOPT RESOLUTION 76-106 AMENDING RESOLUTION NO. 75-67;
AUTHORIZING CERTAIN COUNTY OFFICIALS TO APPEAR ON SMALL CLAIMS ACTION
On motion o Supervisor Ki op, secon e y Supervisor igan an
unanimously carried, Resolution 76-IOb amending Resolution No. 75-67 which
authariz~ the accounts clerk of the Family Support Division of the District
Attorney's office to appear on behalf of the county on small claims actions was
adopted and the Chairman authorized to sign.
76-429 DISCUSSION; ZONING VIOLATION IN CHICO, DR. ELY STEIN
Dan Blackstock, County'Counsel; reported that he had checked with
Page 418. June 15, 1976
!~~'
~:
_______________==~une 15,=1976-`---- ------
the District Attorney relating to the zoning violation in Chico by Dr. Ely Sterns,,.
They were of the opinion that the most effective way to handle this case was to go
to a civil action. They did write a letter to Dr. Stern. Mr. Ferguson will be
requested to go out and see if the letter had been received. Mr. Blackstock will
go ahead and file a civil case if the letter has been received.
Supervisor Madigan said that in relation to a~ning violations, what has
happened to the two homes in Paradise that were in violation. Mr, Blackstock
explained how they bad been handled. Mr. Blackstock will check on these homes
and will report back to the Board.
76-430 CONTINUATION OF PROPOSED SUBDIVISION ORDINANCE HEARING
Supervisor Ric ter said a wou d i e ro ave tomorrow's Baring continued
and re-scheduled for a regular Board meeting.
Continued hearing to Tuesday, June 22, 1976 at 2:30 p.m.
76-431 DISCUSSION: LETTER FROM TYPIST CLERK-BIGGS JUDICIAL COURT
Comments received concerning etter from t e typist c er of t e Biggs
Judicial Court. Mr. Mickelson stated that the east end of the Biggs Fire House will
be converted to the Justice Court. It was felt that people could mail their fines
into the County. Supervisor Madigan felt there should be a response made by the
retiring Biggs Judicia! Court Judge. Mr. Mickelsan said he would request that
Judge Hancock file a written report by June 29th, 1976.
ADJOURNMENT:
There being nothing further before the Board at Phis time, the meeting
was adjourned at 3;55 p.m. to reconvene on Tuesday, June 22, 1976 at 9:00 a.m.
ATTEST: CLARK A. NE LSO N, COUNTY CLERK ~i
1 `~'~f~~
BY~ airman o t e Boar
~oa~o 5u a i~rs C er
Page 419.
June i 5, 1976