Loma Rica / Browns Valley Community Services District
Regular Meeting: February 17, 2014
Item 1) Meeting Call To Order:
A) Roll Call: Present: Biggs, Birney, Gravelle, Kattuah, Kinkle
Item 2) Public Communications: See Item 7B
Item 3) Approve Minutes:
A) Minutes For Regular Meeting of January 20, 2014
Motion to Approve minutes: Kinkle
Passed unanimous voice vote
Item 4) Accounting
A) Financials: Accountant Brooks not available—tabled for March meeting
B) Warrants: no questions
Item 5) Chief’s Report—Chief Tom Webb
A) New equipment for Engine 62—Tabled for March
Item 6) Volunteer’s Report—Tabled for March
Item 7) General Manager’s Report
A) Update on Property for Station #63: Les Kinkle—Tabled for March
B) Memorandum of Understanding (MOU) between County of Yuba Office of Emergency Services (OES) and Yuba County Rural Fire Joint Powers Agency (JPA):
Brant Bordsen, of Rich, Fuidge, Morris & Lane, Inc., legal counsel on retainer to LR/BVCSD commented on the proposed MOU: Mr. Bordsen reviewed the MOU as well as the JPA agency formation documentation (Agreement), which is basically a radio communications plan—a limited purpose agreement. Absent an amendment to the JPA Agreement, the JPA can not enter into an MOU with the County.
Mr. Bordsen stated the MOU as provided, is basically an agreement to agree and he does not recommend acceptance of the MOU—even if the JPA had the authority. The MOU provided is not an agreement as written and needs to be put in a binding contract.
Mr. Bordsen asked if Yuba County is funding dispatch services for other fire districts in Yuba County?
Rick Cunningham, Chief—Foothill Fire Protection District (Brownsville), asked the question: even if the JPA had the authority to sign the MOU, why is it now necessary, as it hasn’t been required in the past and Yuba County doesn’t have an MOU with the other fire districts in the County?
Pete Hammontre, Chairperson—Dobbins Oregon House Fire Protection District, questioned section 4C of the MOU, as precedent has been set since Yuba County has been paying for dispatch services for approximately 28 years. He went on to ask why Yuba County is singling out the foothills from the flatlands?
Rick Cunningham posed the question: what is the legal responsibility for dispatch? What are the County’s obligations?
Hal Stocker, Yuba County Supervisor--District 5, said it was his personal opinion that the foothill fire districts should be treated the same as the other districts in the County.
Pete Hammontre asked how 911 funding was divided amongst the agencies in Yuba County?
Eric Gravelle, Director—Loma Rica/Browns Valley CSD, as who is obligated for 911 services?
Silvio Poggi spoke regarding the history of the LR/BVCSD: Sil started with the District in 1987. Originally, an application was made as a fire protection district, but it was denied by the Yuba County Board of Supervisors as the County would lose some property tax funds—after the denial, a district can not re-apply for two years. Therefore, they reorganized and put a measure on the ballot in 1985 which was approved by the citizens of the District. Sil stated that originally, Yuba County Counsel assisted the Districts, and in 1989 the County suggested formation of an agency to take care of the hardware (network, repeater), and stated in exchange, the County would pay for dispatch services, and County Counsel drew up the Agreement for the JPA.
Hal Stocker stated the issue needs to go back to the Yuba County Board of Supervisors, as it appears to be their responsibility.
CalFire stated they are looking for a three year commitment for dispatch services (the current one year contract expires June 30, 2014), and that the County stated they would let CalFire know by March 2014 if they were going to enter into a new contract—to date, no word has been received.
Sil Poggi stated that if there is not a MOU for any of the valley fire departments, there is no upside to amending the JPA by-laws.
Item 8) Board and Staff Members’ Reports: none
Adjourned 7:56 p.m.
Kim Biggs – District Vice-Chairperson
(An audio recording of this meeting was made)