Regular Meeting September 6, 2012

(These minutes are not intended to be a verbatim transcription of the proceedings and discussion associated with the business on the Commission’s agenda; rather, what follows is a summary of the order of business and general nature of testimony, Commission deliberation, and action taken.)

Vice Chairman Mathena called the meeting to order at 9:01 am at the Anderson City Council Chambers, Anderson, CA. Commissioners Farr, Fust, Haynes, Kehoe, and Jones were present. Commissioners Baugh and Morgan were absent. Executive Officer Amy Mickelson, Attorney Jim Underwood and Clerk Marissa Jackson were present as staff. Alternate Commissioner Russell was present as a member of the audience.

Commissioner Mathena led the Pledge of Allegiance.

Public comment was opened at 9:02 am. Michelle Bonnewell and Barbara Briggs addressed the commission regarding the Fall River Valley Community Services District’s Sphere of Influence Proposal. Peter Scales spoke about past experiences with the County and LAFCO. Public comment was closed at 9:13 am.

By motion made (Commissioner Kehoe) and seconded the Commission approved the consent calendar as presented. Commissioner Fust stated that he would abstain from the minutes as he had not been present at the previous meeting.

Report on Upcoming or Potential LAFCO Activity
Ms. Mickelson reported that the Spring Gulch Annexation to ACID and the Mayers Memorial Hospital District Annexations are both awaiting tax exchange negotiations and resolutions prior to being set for hearing. Matt Rees from Mayers Memorial Hospital District stated that he did not fully understand the tax-exchange process and it has caused him a delay in the proposal.

Ms. Mickelson further reported that the Fall River Valley CSD Sphere of Influence Amendment is still being reviewed and has items awaiting revision. She discussed the specific issues of the Environmental Review fee remaining as unpaid and the latent powers activation request as still missing. At 9:45, the Commission allowed the public to comment on this specific item. Attorney Mark Atlas and Board Members David Hall and Sky Snyder spoke for the District. Mr. Atlas specifically outlined the points made in his August 3, 2012 letter to LAFCOpdf icon_micro. Public comment was closed at 10:22 am. Commissioner Haynes moved that the 2006 resolution chronicling activated powers be amended or replaced to address the issue of latent powers to reflect, based on facts recently presented by the applicant that appear to support a change to LAFCO’s certified list of active powers, that parks powers had been exercised by the District prior to and as of the 2005, and that this is therefore not a latent District power; that the standard Environmental Impact Fee of $750 be waived in light of the unique facts of this application that include but are not limited to the fact that the District has served as the lead agency for CEQA review; and that the matter be set for hearing on November 1, 2012. Under discussion of the motion Commissioner Kehoe voted no and the motion passed. Commissioner Kehoe observed that in order to move forward in a spirit of harmony and community accomplishment the one thing required was to slay individual and corporate egos and move forward in the spirit of cooperation, both on behalf of the district and LAFCO otherwise we will continue to submerge ourselves in this debilitating acrimony which does no one any good.

At 10:39 am the Commission took a recess.

At 10:45 the Commission returned from recess. Commissioner Mathena expressed his personal apology to Ms. Mickelson for what he has observed and understands she has endured in the form of personalized verbal and written attacks by Fall River CSD supporters that have been directed at her during the pending SOI application process, and requested that the Commission be informed if any such attacks continue. Commissioner Kehoe stated that he was in no way intimidated by the threat of a lawsuit. He expressed hope the Commission will continue to do what it believes is right regardless of whether there is any threatened legal action as a result. Ms. Mickelson stated that she should be able to go to the restroom without being belittled and threatened. She expressed concern that threats and harassment directed at her is escalating and becoming increasingly personal. Commissioner Kehoe stated that considering the fact that the Commission’s employee has put them on notice that she feels threatened and harassed by one or more Fall River CSD supporters, and as such questioned Attorney Underwood as to what course of action the Board needed to take. Mr. Underwood responded that he believed it would be best to have that conversation with the Chair in a more private session, and to follow-up as then determined appropriate.

Sphere of Influence Update Plan and Schedule
The Executive Officer reported the following Sphere of Influence (SOI) Update Planpdf icon_micro has been created based on the expected workload and agency considerations. The plan is to have all SOI’s updated within two years. By motion made (Commissioner Mathena) and seconded the plan was approved.

Consideration of Audit and Audit Committee RFP Responses

Ms. Mickelson reported that four RFPs had been received for the Audit and one for the Audit Committee. Commissioner Haynes made a motion to delay the vote and send the matter before the Budget Committee. The motion was approved.

Policy and Procedure Update: Records Retention Policy Amendment
The Executive Officer reported that clarification was needed regarding electronic copies and presented the following verbiage: “All permanent records as indicated by the Records Retention Policy will be maintained as originals for as long as they physically viable. An electronic version of the document will suffice if and when deemed appropriate and necessary by the Executive Officer.” By motion made (Commissioner Fust) the update was passed unanimously.

Assignment of CALAFCO Business Delegate and Alternate
Ms. Mickelson recommended nominating Commissioner Mathena as the voting delegate and Commissioner Russell as the alternate. The motion to support the staff recommendation was made by Commissioner Fust and was approved by the Commission.

Commissioner Haynes noted that she would not be present at the December 6th meeting. Commissioner Fust announced that he will no longer tolerate attacks on staff and will leave the meeting, even if it means losing the quorum.

There being no further business, Vice Chairman Mathena adjourned the meeting at 11:06 am.


Marissa Jackson 
Clerk to the Commission


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