Merced County Planning Commission behavior outrageous

Lydia Miller, President Steve Burke
San Joaquin Raptor Rescue Center Protect Our Water (POW)
San Joaquin Raptor/Wildlife Rescue Center 3105 Yorkshire Lane
P.O. Box 778 Modesto, CA 95350
Merced, CA 95341 (209) 489-9178, ph
(209) 723-9283, ph. & fax
raptorctr@bigvalley.net
sjrrc@sbcglobal.net

Merced County Board of Supervisors
2222 M Street
Merced, California 95340
Fax: (209) 726-7977
Ph: (209) 385-7366
dist1@co.merced.ca.us ; dist2@co.merced.ca.us ;
dist3@co.merced.ca.us ; Dist4@co.merced.ca.us ;
dist5@co.merced.ca.us

Dee Tatum
Chief Administrative Officer
ceo@data.co.merced.ca.us

Robert Lewis
Director of Planning and Economic Development
rlewis@co.merced.ca.us

James Fincher
County Counsel
jfincher@co.merced.ca.us

Paul A. Fillebrown
Director of Public Works
209-735-3989 Fax
spaf@co.merced.ca.us.

Re: Planning Commissioner Sloan intimidates, censors, and harasses the public and staff on March 26, 2008 Hearing (Felix Torres: CUP #MM07-025-1st Modification to CUP#05-031 and Minor Deviation)

April 4, 2008 Via: E-mail

Members of the Board,

Planning Commission Chairman Steve Sloan violated the public right to present testimony on a number of occasions at the March 26 Planning Commission hearing.

A member of the public attempted to read the resignation letter of Mary Stillahn, Confidential Secretary to the Merced County Housing Authority, which shed valuable light on the decision-making process of the project proponent. Chairman Sloan interrupted the member of the public numerous times.

Chairman Sloan denied the public its right to hear critical information during the testimony given by a County employee, Mr. Richard Graves, C.B.O., Deputy Building Official for Merced County. This testimony was not heard at the hearing held on February 27, 2008. The public, Commissioners, agencies, and staff did not have access to this information. Mr. Sloan not only interrupted Mr. Graves, he directed him to skip immediately to his concluding paragraph.

Department staff is not subject to time limits during a public hearing. Commissioner Sloan gave Mr. Graves five minutes. Mr. Graves’ letter included evidence of 22 omissions and violations.

Chairman Sloan censored public testimony and the other commissioners and County Counsel went along with it. He badgered, harassed and attempted to intimidate members of the public and County staff who were presenting information essential to public and the commission’s understanding of the Felix Torres project. He interfered with his own commission’s decision-making process. Chairman Sloan displayed outrageous bias in favor of project proponents and against important evidence from two public employees about deep flaws in this project.

At the Felix Torres hearing, the public also discovered that the County was ignorant of the recent legal settlement between Planada Community Services District and San Joaquin Raptor Rescue Center and Protect Our Water restricting the district’s wastewater capacity, which would impact this project if it were within the PCSD boundaries. The County was unaware that the project is outside of district boundaries, which means that the district cannot serve the camp.

Chairman Sloan’s conduct during the Felix Torres hearing was outrageous. We request that the Board of Supervisors direct him to reopen the public hearing on that project at the April 9 Planning Commission meeting and direct him review laws and regulations for running a public hearing in the state of California. If Chairman Sloan refuses, we request the Board to remove him from the Planning Commission.

Lydia M. Miller Steve Burke

Cc: Interested parties