HomeMy WebLinkAboutM082796MINUTES
BOARD OF SUPERVISORS
ED McLAUGHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
August 27, 1996
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Thomas and Chair
McLaughlin. Not Present: Supervisors Dolan and Houx. John S. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant
Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Pastor Raymond DeLoe, First Christian Church, Gridley.
96-236 Items removed from the Consent Agenda for Board consideration and action.
Options for Recovery Program -the Program is part of a program to help
drug abusing mothers seek treatment for their addiction, to provide foster
homes for at-risk substance exposed infants removed from their parents, and
provide training for parents on how to care for these children. Once again,
the Welfare and Mental Health Departments are collaborating to provide
funding to continue these services to clients of both departments. The Mental
Health Department will be providing the county match -action requested -
APPROVE BUDGET TRANSFER B-006 APPROVING AND
APPROPRIATING $97,647 ($39,859/ FEDERAL, $40,451/STATE,
$17,336 STATE MENTAL HEALTH PERINATAL FUNDS) IN
UNANTICIPATED REVENUE, THE $17,336 TO BE PROVIDED FROM
THE MENTAL HEALTH DEPARTMENT'S PROFESSIONAL SERVICES
TO THE INTERFUND TRANSFERS IN THEIR ALCOHOL AND DRUG
BUDGET UNIT (541.002) IN ORDER TO PROVIDE FOR THE
PROGRAM MATCH. (TO BE INCORPORATED INTO ITEM 5.01)
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August 27, 1996
Au ,gust 27. 1996
96-236 2. Enloe Hospital -proposed is a contract to provide apart-time registered nurse
to work as a nurse/trainer in the Options for Recovery Perinatal Program
providing services to foster parents and natural parents of substance exposed
infants and toddlers involved in the Perinatal Program in the Children's
Services Division of the Department of Social Welfare and the Touchstone
Program through the Alcohol, Drug and Mental Health Department. The
contract is for $37,449 ($28,087/Federal, $6,5541State, $2,808/County) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10282) (CONTINUED TO TUESDAY,
SEPTEMBER 10, 1996)
96-237 Consent Agenda
Budget transfers -action requested -APPROVE BUDGET TRANSFER
B-007 (HEAL ROAD LANDFILL MANAGEMENT FUND) AND
BUDGET TRANSFER B-252 (FINAL 1995-9b BUDGET TRANSFER)
2. County Service Area No. 159 (Oak Highlands Subdivision) -the Local
Agency Fonmation Commission (LAFCo 96-30) has approved the dissolution
of the county service area -action requested -ADOPT RESOLUTION 9b-98
SETTING A PUBLIC HEARING FOR TUESDAY, SEPTEMBER 24, 1996
AT 10:00 A.M.
3. County Library Donations - in accordance with Government Code Section
25355, donations of $500 from Eagles Auxiliary #196 have been received for
the Butte County Trust Fund for the purchase of books -action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
4. County Service Area No. 135 (Keefer Creek Estates) -the Local Agency
Formation Commission (LAFCo 96-22) has approved the annexation of 11.74
acres to the county service area for the purpose of maintenance of sewage
collection facilities -action requested -ADOPT RESOLUTION 96-99 AND
AUTHORIZE THE CHAIR TO SIGN.
County Service Area No. 165 (Justin Manor Subdivision) -the Local Agency
Formation Commission (LAFCo 95-27) has approved the establishment of the
county service area for maintenance of drainage facilities, street lighting, and
operation and maintenance of a fire protection system -action requested -
ADOPT RESOLUTION 96-100 AND AUTHORIZE THE CHAIR TO
SIGN.
Page 247 August 27, 1996
August, 27, 1996
96-237 6. Conveyance of County property - Fire Department - Board
authorization is requested for the transfer of a 1954 GMC fire engine (County
asset no. 946/vehicle license no. E132339/vehicle identification no. 5036256)
to the Clipper Mills Volunteer Fire Company for disposal. The fire engine,
donated to the County by the Fire Company on June 17, 1986, has been taken
out of service and declared unsafe for operation due to mechanical problems
that are cost prohibitive to repair -action requested -AUTHORIZE
CONVEYANCE OF FIXED ASSET ITEM. (FROM 8-13-96)
7. Award of bid no. 07-97 -new addition, Butte County Public Works building
(7 County Center Drive) -bids have been opened for the construction of an
addition to the building with the low bidder being Carey Construction of
Oroville in the amount of $404,000 -action requested -AWARD BID.
8. Butte County Court Addition -Contract Change Order (CCO) No. 43 - CCO
No. 43, in the increasing amount of $2b,18b.04, provides for construction of
a 29 space parking area at the north side of the new court addition. Funding
is available within the project contingency budget -action requested -
APPROVE CHANGE ORDER AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN.
9. Award of bid -Public Works motorgrader -approval is requested for the sole
source purchase of a Dresser all wheel drive motor grader from SMA
Equipment Co. in the amount of $127,423.73 -action requested -APPROVE
PURCHASE.
10. County service area service charges - in order to levy service charges in the
various County service areas, it is necessary to accomplish several prerequisite
steps -action requested -DIRECT THAT A REPORT OF SERVICE
CHARGES BE PREPARED 1N ACCORDANCE WITH GOVERNMENT
CODE SECTION 25210.77a AND THAT SAID REPORT BE FILED WITH
THE CLERK OF THE BOARD OF SUPERVISORS; THAT A PUBLIC
HEARING BE SET FOR TUESDAY, SEPTEMBER 10, 1996 AT 10:00
AM.; AND DIRECT NOTICE OF PUBLIC HEARING IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 6066.
l 1. Adoption of tax rates -State law requires the Board to adopt various ad
valorem tax rates not later than September 1 of each year -action requested -
ADOPT RESOLUTION 96-101 FIXING TAX RATES IN THE COUNTY
OF BUTTE FOR FISCAL YEAR 1996-97 AND AUTHORIZE THE CHAIR
TO SIGN.
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August 27, 1996
August 27, 1996
96-237 12. Statement of Investment Policy -the Treasurer-Tax Collector submits the
annual Statement of Investment Policy effective July 17, 1996. This policy
has been reviewed and approved by the Butte County Treasury Oversight
Committee -action requested -ACCEPT FOR INFORMATION.
13. Inmate Welfare Fund -pursuant to Penal Code Section 4025, the Sheriff-
Coroner submits an annual itemized report of expenditures from the Inmate
Welfare Fund for fiscal year 1995-96 -action requested -ACCEPT FOR
INFORMATION.
14. Creation of a Supplemental Law Enforcement Services Fund (SLESF) and an
Oversight Conunittee for the Citizens Option for Public Safety Progam
(COPS) -Assembly Bill 3229, which created COPS, provides for the
establishment of a SLESF by the County Auditor-Controller and the
appointment of an oversight committee -action requested -ADOPT
RESOLUTION 96-102 CREATING A SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND (SLESF) AND AN OVERSIGHT
COMMITTEE FOR C.O.P.S. (CITIZEN'S OPTION FOR PUBLIC
SAFETY PROGRAM) AND APPOINTMENT OF THE FOLLOWING
PERSONS TO THE OVERSIGHT COMMITTEE FOR BUTTE COUNTY:
JOHN BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER; MICK
GREY, SHERIFF-CORONER; MICHAEL RAMSEY, DISTRICT
ATTORNEY; GORDON PITT'ER, POLICE DEPARTMENT
REPRESENTATIVE; AND TOM LANDO, CITY MANAGER
REPRESENTATIVE AND AUTHORIZE THE CHAIR TO SIGN.
(SHERIFF-CORONER).
15. Stirling City -Board authorization is requested for use of Community
Development Block Grant (CDBG) Program income, not to exceed $5,000,
for landfill and hauling fees for Stirling City area cleanup efforts -action
requested -APPROVE USE OF CDBG PROGRAM INCOME FUNDS.
(SUPERVISOR THOMAS)
16. 1996 CSAC Challenge Awards Program - authorization is requested to enter
an application for the "Drug Endangered Children Program" to be considered
for an award -action requested -ADOPT RESOLUTION 9b-103
AUTHORIZING THE DISTRICT ATTORNEY'S OFFICE AND THE
DEPARTMENT OF SOCIAL WELFARE TO PARTICIPATE IN THE 1996
CSAC CHALLENGE AWARDS PROGRAM AND AUTHORIZE THE
CHAIR TO SIGN.
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August 27, 1996
August 27, 1996
96-237 17. Notice of completion for construction of pavement overlays on portions of
Durham Pentz Road, Seven Mile Lane and Ord Ferry Road, County contract
no. AC-96-2 - action requested - ACCEPT CONTRACT WORK,
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION,
AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION.
18. Award of bid -construction of pavement overlays on portions of Foothill
Boulevard, Palermo Road, and Copley Acres Subdivision Units 1 and 2
roadways, County contract no. AC-96-3 -AWARD CONTRACT TO LOW
BIDDER, BALDWIN CONTRACTING CO., INC., IN THE AMOUNT OF
$447,672, AND AUTHORIZE CHAIR TO SIGN CONTRACT SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER.
19. Olson, Hagel, Fong, Leidigh, Waters & Fishburn -proposed is an agreement
to retain attorney services to handle personnel issues for a term of one year
from date of approval of the agreement by the Board -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10128)
20. Palermo Community Council -proposed is an agreement for a Sheriffs
Substation to be located in the Palermo Community Council Hall. The term
of the agreement is for five years and contains a 90-day cancellation provision.
There is no cost associated with the agreement -action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO CLARIFYING LANGUAGE ACCEPTABLE TO RISK
MANAGER.
21. U. S. Systems, Inc. -proposed is a one-year maintenance agreement in the
amount of $23,800 to provide preventative and corrective maintenance of the
security systems at the Butte County Jail -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X 10249)
22. Catalyst Womens Advocate, Inc. - proposed is an agreement for the provision
of a Domestic Violence Program in the amount of $22,800 (Restricted) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10269)
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August 27. 1996
96-237 23. Northern Valley Catholic Social Services -proposed is a contract to provide
counseling services to children and parents who are victims of child abuse and
neglect. The term of the contract is July 1, 1996 through June 30, 1997, at
a cost not to exceed $74,700 ($52,29015tate, $22,410/County) -action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract no. X10236)
24. Dr. James Voss -proposed is a contract to provide counseling services to
children and parents who are victims of child abuse and neglect. The term of
the contract is July 1, 199b through June 30, 1997, at a cost not to exceed
$20,000 ($14,000/State, $6,000/County) -action requested -APPROVE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10234)
25. PSP Information Group, Inc. -proposed is an agreement for the continued
provision of software maintenance, support and enhancement to the current
County Alcohol, Drug and Mental Health computer system. The term of the
fiscal year 1996-97 contract is July 1, 1996 through June 30, 1997, in the
maximum amount of $54,344 (Realignment) -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X 10020)
26. County of Siskiyou/County of Butte - Siskiyou County Mental Health,
Alcohol and Drug Abuse Services contracts with Butte County Mental Health
to provide "Acute Psychiatric Inpatient" care to residents of Siskiyou County
referred to Butte County for Service. Proposed is an amendment to that
agreement. Siskiyou County agrees to pay Butte County an additional
$12,428.78 for a total of $27,682.78 being paid to Butte County on an actual
bed/day basis - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
27. Urgent Care Medical Clinic, Chico -proposed is an agreement for the
provision of "history and physical" examinations of persons admitted to the
Butte County Mental Health Inpatient Unit. The term of the agreement is
July 1, 1996 through June 30, 1997, in the maximum amount of $89,400
(Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10260)
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August 27, 1996
August 27. 1996
96-237 28. Merced Manor -proposed is an agreement for the provision of residential care
services to Butte County Mental Health clients as an alternative to State
hospitalization or a higher level of care. The term of the agreement is July 1,
1996, through June 30, 1997, in the maximum amount of $63,218 (730 bed
days) (Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10261)
29. Tri-County Economic Development CorporationButte County -Community
Development Block Grant (CDBG) Program -approval is requested for
utilization of $4,970 of CDBG Program income funds for Butte County's
Local cash match for the annual Economic Development Administration
Planning Grant -action requested -APPROVE $4,970 LOCAL MATCH
AND AGREEMENT WITH TRI-COUNTY ECONOMIC DEVELOPMENT
CORPORATION REGARDING THE LOCAL SHARE AND AUTHORIZE
THE CHAIR TO SIGN.
30. Award of bid -Phase 1 construction, Septage Pond No. 2, Neal Road
Landfill, County project no. 758-96-1 -action requested -AWARD
CONTRACT TO LOW RESPONSIBLE BIDDER, ROBERT R PERCHER,
INC., IN THE AMOUNT OF $539,443.00, AND AUTHORIZE CHAIR TO
SIGN CONTRACT SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND AUDITOR-CONTROLLER.
31. Town of Paradise - submits a certified copy of Resolution 96-20, requesting
the Board of Supervisors of the County of Butte to consolidate a General
Municipal Election to be held on November 5, 199b, with the Statewide
General Election to be held on that date for the submission to the voters a
measure relating to raising the Transient Occupancy Tax in the Town of
Paradise -action requested -APPROVE CONSOLIDATION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5,
1996.
32. Biennial approval of Local Agency Conflict of Interest Code (Non-Exempt) -
Feather River Recreation and Park District has reviewed its Conflict of
Interest Code and deternuned that its agency's code is current and in no need
of revision. County Counsel has reviewed the request and recommends Board
approval -action requested -BIENNIAL APPROVAL OF CONFLICT OF
INTEREST CODE.
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August 27, 1996
August 27, 1996
96-237 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH
CLARIFICATION THAT ITEM 3.07 IS PREMISED ON
FUNDING TO BE PROVIDED AS PART OF THE FINAL
BUDGET ADOPTION ON SEPTEMBER 10 AND THAT THE
CONTRACT WII.L NOT BE SIGNED UNTII, AND UNLESS THE
NECESSARY BUDGET ACTIONS ARE TAKEN ON THAT
DATE; ACTION REQUESTED ON ITEM 3.14 SHOULD
INCLUDE ADOPTION OF A RESOLUTION CREATING A
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
AND AN OVERSIGHT CONIIVIITTEE; REMOVAL OF ITEM 3.25
(TO BE INCORPORATED INTO ITEM 5.01), AND REMOVAL
OF ITEM 3.26 (TO BE PLACED ON THE SEPTEMBER 10
BOARD CALENDAR.}
S M
VOTE: l Y 2 NP 3 NP 4 Y S Y (Unanimously Carried)
Regular Agenda
96-238 Appointments -commissions and conunittees.
A. Appointments to committee vacancies. (NONE)
96-239 Update on Sacramento legislative and budget activities. (119) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE
HIGHLIGHTS OF THE CALIFORNIA STATE ASSOCIATION OF COUNTIES
(CSAC) LEGISLATIVE BULLETIN: THE BILL PASSED IN THE STATE
SENATE AND IS BEFORE THE ASSEMBLY THAT ALLOCATES THE
GROWTH OF ERAF CONTRIBUTIONS TO COUNTIES RATHER THAN TO
THE ERAF FUND, AND TRIAL COURT FUNDING LEGISLATION IS STII.L
PENDING)
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August 27, 1996
August 27. 1996
96-240 Butte Tourism Assessment -the Tri-County Economic Development Corporation
received a supplement to their fiscal year 1995-96 basic planning grant to conduct a
Tourism Assessment for Butte county. The Butte County Transient Occupancy Tax
(BC-TOT) Advisory Committee served as a steering committee for the grant. The
BC-TOT Advisory Committee submits the Tourism Assessment to the Board of
Supervisors -action requested:
ACCEPT THE BUTTE COUNTY TOURISM ASSESSMENT;
2. AFFIRM THE PERSONS SELECTED BY THE BC-TOT ADVISORY
COMMITTEE TO REPRESENT BUTTE COUNTY ON THE SHASTA
CASCADE WONDERLAND ASSOCIATION BOARD OF DIItECTORS
(BUTTE COUNTY'S REGIONAL MARKETING ASSOCIATION);
DIRECT THE BC-TOT ADVISORY COMMITTEE TO BEGIN
EVALUATION AND IMPLEMENTATION OF THE
"RECOMMENDATIONS FOR ORGANIZING THE COUNTY WIDE
TOURISM PROGRAM" CONTAINED IN THE TOURISM
ASSESSMENT. (CONTINUED TO TUESDAY, SEPTEMBER 10, 1996)
96-241 Consideration of a request for a waiver of fees for the Future Farmers of America to
place a sign within a set back area on the east side of Highway 99 (between Neal
Road and Butte Creek) -action requested -APPROVE WAIVER OF FEES AS
REQUESTED. (398)
MOTION: I MOVE TO WAIVE THE USE PERMIT APPLICATION
FEE FOR THE FUTURE FARMERS OF AMERICA TO ALLOW
THEM TO MAKE A USE PERMIT REQUEST TO THE
PLANNING COMMISSION.
S M
VOTE: l Y 2 NP 3 NP 4 Y S Y (Unanimously Carried)
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August 27, 1996
Augpst 27. 1996
96-242 CLOSED SESSION: The Board recessed at 9:25 a.m. to a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Hamilton v. Butte
County; Pacific Bell v. County of Alameda, et al.; Turner v.
Butte County, and Lopez v. Butte County); a conference with
real property negotiator pursuant to Government Code
Section 54956.8 (Property: Lands contiguous to the Neal
Road Landfill; Negotiating Parties: County of Butte and Steve
Finn; Under Negotiation: Price, terms and conditions of
potential sale); and a conference with legal counsel for the
initiation of litigation pursuant to Government Code Section
54956.9(c) (one potential case.)
RECONVENE: The Board reconvened at 10:08 a.m. following a closed
session conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(a) (Hamilton
v. Butte County; Pacific Bell v. County of Alameda, et al.;
Turner v. Butte County; and Lopez v. Butte County); a
conference with real property negotiator pursuant to
Government Code Section 54956.8 (Property: Lands
contiguous to the Neal Road Landfill; Negotiating Parties:
County of Butte and Steve Finn; Under Negotiation: Price,
terms and conditions of potential sale); and a conference with
legal counsel for the initiation of litigation pursuant to
Government Code Section 54956.9(c) (one potential case.)
ANNOUNCEMENT: County Counsel announced that the County has agreed to
settle the case of Hamilton v. Butte County, Butte County
Sheriffs Office for the sum of $92, 540 (case involving the
alleged claim to overtime compensation for training of the
canine unit dogs outside of the traditional 40 hour work
week), and there will be a settlement agreement/release
available as a public record as soon as it is signed.
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August 27, 1996
Asst 271996
Public Hearings and Timed Items
96-243 Continued hearing - 1996-97 Butte County Final Budget -action requested -CLOSE
HEARING, AND SET TUESDAY, SEPTEMBER 10, 1996 FOR ADOPTION OF
THE FINAL BUDGET FOR FISCAL YEAR 199b-97. (FROM 8-13-96) (1958)
(**00)
SPECIAL NOTE: Persons wishing to offer testimony for Board of Supervisors
consideration during the final budget public hearing should
take note of California Government Code Section 29088
which states in part..."increases or additions (to the proposed
budget) shall not be made after the public hearing, unless the
items were proposed in writing and filed with the clerk of the
board before the close of the public hearing."
RECESS: 12:00 P.M.
RECONVENE: 12:18 P.M.
96-243 Continued hearing -1996-97 Butte County Final Budget -action requested -CLOSE
HEARING, AND SET TUESDAY, SEPTEMBER 10, 1996 FOR ADOPTION OF
THE FINAL BUDGET FOR FISCAL YEAR 1996-97. (FROM 8-13-96) (2702)
(***00} (CLOSE PUBLIC COMIVVIEEN'T AND TESTIMONY AND CONTINUE TO
TUESDAY, SEPTEMBER 10, 1996 FOR A FORMULATION OF A
RECOIVA~ENDATION FOR ADOPTION OF THE FINAL BUDGET FOR FISCAL
YEAR 1996-97 ON TUESDAY, SEPTEMBER 10, 1996 (CHAIR McLAUGHLIN
AND SUPERVISOR HOUX AS A SUBCOMMITTEE OF THE BOARD, TO
REVIEW THE ISSUES BROUGHT FORWARD TODAY)
96-244 Public Comment. (PRESENTATIONS WILL BE LIlvIITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE
AGENDA.) (NONE)
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August 27, 1996
August 27. 1996
96-245 Communications
Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Sylvia Davidian, Chico -writes on behalf of the neighborhood of Lower Butte
Creek Canyon requesting time on an upcoming agenda to address problems
and potential problems relating to the McAmis Creekside Subdivision.
(REFER TO DIRECTOR OF DEVELOPMENT SERVICES)
B. Nancy Moorehouse, Grass Valley -writes requesting assistance with the
Wyman Ravine flooding situation. Drainage and flooding in the Ravine area
have threatened the health, safety and welfare of the existing residences in the
area, and severely hampered potential real estate sales. (REFER TO
DIRECTOR OF PUBLIC WORKS, DIRECTOR OF DEVELOPMENT
SERVICES)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 12:52 p.m. to reconvene on Tuesday,
September 10, 199b at 9:00 a.m.
~ ~< <
ED McLAUGHLIN, HAIR
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Boar ~f Supervisors
By:
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August 27, 1996