updated 5 pm 10-4-12
Over the last three weeks the Copper Gazette solicited questions from its readers to pose to each of the District 4 candidates. Both Debbie Ponte and Tom Tryon were emailed the list of questions Monday morning October 1, 2012 at 10:20 am with a deadline for response by 5:00 pm 10-4-12. The following are the answers received by Tom Tryon.
I would like to know your position regarding
upholding and honoring CC&Rs in Calaveras County. Specifically, if a
developer were to ignore or try to circumvent existing CC&Rs for a property
they held, would you support and approve a development that proposed to use
that property in violation of said CC&Rs?
The County does not enforce CC&R’s. CC&R’s
are private contracts and the county has no authority to enforce contracts
entered into by private citizens. Homeowners associations or private
individuals within the association have the standing to enforce CC&R’s. The
county conditions development and the developer must meet those conditions. If
the developer intends to achieve one or more of the conditions by violating
CC&R’s then it is the developer’s responsibility to amend the CC&R’s so
the condition can be met or the developer will have to meet the development
condition by other means. The county enforces federal law, where appropriate,
state law and county codes and regulations.
What is all this litigation I see on the board's agenda and what does it mean for the county? I see there is significant exposure, what does that mean?
What is all this litigation I see on the board's agenda and what does it mean for the county? I see there is significant exposure, what does that mean?
There is neither more or less litigation exposure
for the county at this time. County counsel has scheduled several closed to
discuss potential litigation. Closed sessions are an avenue for County Counsel to
have private discussions with the board concerning claims filed (most claims
are settled without litigation) and the risk management policies of the county.
I know of no significant exposure for losses from current litigation. The
county has had the good fortune of a significant winning streak on litigation recently.
Why has it taken so long to update the general plan?
Why has it taken so long to update the general plan?
The county did not have the right personnel in place
when the process started. The county also retained a consultant that did not
adequately contribute to the process. Lastly there are significant competing
visions within the citizenry and these visions need to be reconciled where
possible. The Board has allocated additional funds in this year’s budget to
complete the General Plan and the Copperopolis Community Plan in the calendar
year 2103 (approximately one year). Let us all pray that happens!
Have you - within the last six months - shown support IN Copperopolis for community events? If so which events? And in what capacity?
Have you - within the last six months - shown support IN Copperopolis for community events? If so which events? And in what capacity?
Yes. Most recently I attended a dinner to support
the Copper Branch library; I attended the annual meeting of the Lake Tulloch Shores
homeowners association; I attended the Lions Club Hot Copper nights car show; I
attended the Copperopolis VFW Post 12118 state initiation ceremony; I have
attended community plan advisory committee meetings at the Fire Dept; I
attended a Prime Rib dinner at the Old Corner (excellent dinner with enough
left over for two lunches) and I have dined at many of the restaurants
throughout Copperopolis.
What do you feel is the most important issue facing Copperopolis currently? Why?
What do you feel is the most important issue facing Copperopolis currently? Why?
Completing in a competent and legally defensible form
the General Plan and the Copperopolis Community Plan. Being able to make the
consistency findings with these two documents will greatly facilitate the
development process.
Do you support the fire tax/assessment? If so, why? If not, why?
Do you support the fire tax/assessment? If so, why? If not, why?
No I do not support the fire “assessment.” This
assessment is a tax not a fee. If the courts uphold this action as a “fee”
there will not be a need for the state to tax again. Everything (law
enforcement, corrections, the arts, libraries, welfare, all state spending
programs) can be funded by a so called “assessment.”
How did you / would you have voted on the noise ordinance?
How did you / would you have voted on the noise ordinance?
I voted yes. The noise ordinance allows law
enforcement to take additional action when all voluntary means of persuasion
have failed. The noise ordinance will be complementary with the vacation rental
ordinance for Lake Tulloch.
How did you / would you have voted on the SB or ab 1221?
How did you / would you have voted on the SB or ab 1221?
I voted to oppose the passage of 1221. I don’t
believe we should start down the path of banning hunting dogs. 1221
specifically banned the use of dogs in hunting bears. Dogs have been used in
hunting bear and other wild animals since dogs were domesticated. Even the
Federal trapper utilizes dogs when necessary to hunt lions and bears.
What is your position on the sewer and water line issue at Town Square?
What is your position on the sewer and water line issue at Town Square?
My understanding is a sewer line has not yet been
installed since there is not adequate volume of sewage to keep the sewage from
solidifying in the line. Castel and Cooke worked out a deal with CCWD to
install holding tanks (pumped almost daily) until the volume of sewage is
adequate to flow to CCWD’s sewer plant. The county agreed to this accommodation.
How do you feel about 40,000 people in the Copperopolis Basin?
How do you feel about 40,000 people in the Copperopolis Basin?
Sounds like a lot of people to me. The basin can accommodate
that many people if we are able to get the government component of the planning
process right. That is why the Copperopolis Community plan is so important. The
plan will be the blueprint for the required infrastructure and its placement.
Hopefully, when the community plan is completed and adopted one will be able to
look at the plan and say this is a good, forward looking plan that will accommodate
the anticipated population while preserving a high quality of life.
SPECIFIC QUESTION FOR PONTE:
How do you plan to fulfill your county obligations with a ft job and pending arbitration?
Tryon responded at 3:00 PM 10-3-12. At which time the Copper Gazette once again emailed Ms Ponte reminding her of the deadline. With no response forthcoming the Copper Gazette contacted the Committee to Elect Debbie Ponte informing them of the upcoming deadline. Ms. Ponte did not respond in a timely manner.
Note from Editor Charity Maness:
At the close of business 10-4-12, 5:00 pm, Ponte had yet to respond to the questions posed by her potential constituents. Upon my arrival back at the office 10-5-12 6:00 am there was an email from Ponte's work email containing her answers with a time stamp of 10-4-12 5:07 pm. In the email Ponte explained that she had been on vacation with little to no internet reception and had received the questions Wednesday morning. The following are Ponte's responses.
I would like to know your position regarding upholding and honoring CC&Rs in Calaveras County. Specifically, if a developer were to ignore or try to circumvent existing CC&Rs for a property they held, would you support and approve a development that proposed to use that property in violation of said CC&Rs? The Conditions, Conditions and Restrictions are rules that need to be respected and adhered to by the parties included in the CC&R’s and I would not support a project that was in violation of such CC&R’s. .
What is all this litigation I see on the board's agenda and what does it mean for the county? I see there is significant exposure, what does that mean? I am not in the position to know the specifics of the litigation as it is dealt with in closed session with legal counsel, et al. and only the ultimate outcome is shared with the public. I believe any time there is litigation, the potential for significant exposure can be great. Not knowing the details of the county’s current litigation, I am not able to provide a more specific answer.
Why has it taken so long to update the general plan? Lack of BOS leadership to make this a priority.
Have you - within the last six months - shown support IN Copperopolis for community events? If so which events? And in what capacity? Yes, I have been attending a number of public and private events in Copperopolis within the past 6 months as well as all my life. Events specially in past 6 months that I have attended include the following as an interested resident of Calaveras County and/or candidate for Supervisor. These events include attending the Copperopolis Homecoming festivities, O’Byrne’s Ferry Bridge Community meeting, Copperopolis Community Plan meetings, Copperopolis Garden Tour, and car shows, flea market and various music events held in the Copper Town Square. I have met with many individuals, business owners and small neighborhood groups for the past year listening to their concerns, thoughts and ideas about their feelings about Copperopolis and other areas in the region.
What do you feel is the most important issue facing Copperopolis currently? Why? The stagnant economic climate and the lack of an approved General Plan/Community Plan for the area. There is much discussion about the potential growth and development in/around the Copperopolis area and the lack of a General Plan and Copper Community Plan has the community in a quandary about which way to grow or not to grow. It is difficult for current business to grow and thrive and for new business to invest when there is no master plan in place to provide a framework for a community to sustain itself and/or grow.
Do you support the fire tax/assessment? If so, why? If not, why? I perceive this to be a tax and voters were not given the opportunity to vote on such an issue.
How did you / would you have voted on the noise ordinance? The Noise Ordinance had been in the making for quite some time. While I believe the approved version was not the perfect version, it was a start and gives folks some guidelines to follow and law enforcement some tools to use. After speaking to a number of residents in/around the Copperopolis area, I am hopeful the Noise Ordinance will tone down the variety of noise related issues that the community has experienced.
How did you / would you have voted on the SB or ab 1221? SB 1221 was not up for a vote before the Board of Supervisors but a resolution to deny the bill was requested and approved. I would have voted no on SB 1221 because I believe this was one more piece of regulation that was not necessary and a waste of taxpayers money.
What is your position on the sewer and water line issue at Town Square? I am not aware off the specifics on the issue and why the decisions were made to approve the current arrangement. As future development is approved and occurs, I would work to ensure that proper infrastructure is in place at the time the project/development is complete and allowed to operate/open.
How do you feel about 40,000 people in the Copperopolis Basin? This concerns me as well as many residents I speak to in Copperopolis and throughout Calaveras County. The potential for this type of growth over the next 20 to 30 years, reinforces the need to update the General Plan and the various community plans so that we have a framework in place to properly plan for infrastructure, public service needs, housing, commercial growth and open space for future generations. .
SPECIFIC QUESTION FOR PONTE:
How do you plan to fulfill your county obligations with a ft job and pending arbitration? The pending arbitration issues has been resolved and I am bound by the agreement to not discuss the specifics. As for managing my current position and managing the duties of supervisor, I have the ability, desire, support, flexibility and time management skills to perform the duties and fulfill the responsibilities of any position I maintain. In my opinion, my current job position is no different than any other supervisor who owns and manages working cattle ranch, a restaurant, an industrial business, and/or retail business.
SPECIFIC QUESTION FOR PONTE:
How do you plan to fulfill your county obligations with a ft job and pending arbitration?
Tryon responded at 3:00 PM 10-3-12. At which time the Copper Gazette once again emailed Ms Ponte reminding her of the deadline. With no response forthcoming the Copper Gazette contacted the Committee to Elect Debbie Ponte informing them of the upcoming deadline. Ms. Ponte did not respond in a timely manner.
Note from Editor Charity Maness:
At the close of business 10-4-12, 5:00 pm, Ponte had yet to respond to the questions posed by her potential constituents. Upon my arrival back at the office 10-5-12 6:00 am there was an email from Ponte's work email containing her answers with a time stamp of 10-4-12 5:07 pm. In the email Ponte explained that she had been on vacation with little to no internet reception and had received the questions Wednesday morning. The following are Ponte's responses.
I would like to know your position regarding upholding and honoring CC&Rs in Calaveras County. Specifically, if a developer were to ignore or try to circumvent existing CC&Rs for a property they held, would you support and approve a development that proposed to use that property in violation of said CC&Rs? The Conditions, Conditions and Restrictions are rules that need to be respected and adhered to by the parties included in the CC&R’s and I would not support a project that was in violation of such CC&R’s. .
What is all this litigation I see on the board's agenda and what does it mean for the county? I see there is significant exposure, what does that mean? I am not in the position to know the specifics of the litigation as it is dealt with in closed session with legal counsel, et al. and only the ultimate outcome is shared with the public. I believe any time there is litigation, the potential for significant exposure can be great. Not knowing the details of the county’s current litigation, I am not able to provide a more specific answer.
Why has it taken so long to update the general plan? Lack of BOS leadership to make this a priority.
Have you - within the last six months - shown support IN Copperopolis for community events? If so which events? And in what capacity? Yes, I have been attending a number of public and private events in Copperopolis within the past 6 months as well as all my life. Events specially in past 6 months that I have attended include the following as an interested resident of Calaveras County and/or candidate for Supervisor. These events include attending the Copperopolis Homecoming festivities, O’Byrne’s Ferry Bridge Community meeting, Copperopolis Community Plan meetings, Copperopolis Garden Tour, and car shows, flea market and various music events held in the Copper Town Square. I have met with many individuals, business owners and small neighborhood groups for the past year listening to their concerns, thoughts and ideas about their feelings about Copperopolis and other areas in the region.
What do you feel is the most important issue facing Copperopolis currently? Why? The stagnant economic climate and the lack of an approved General Plan/Community Plan for the area. There is much discussion about the potential growth and development in/around the Copperopolis area and the lack of a General Plan and Copper Community Plan has the community in a quandary about which way to grow or not to grow. It is difficult for current business to grow and thrive and for new business to invest when there is no master plan in place to provide a framework for a community to sustain itself and/or grow.
Do you support the fire tax/assessment? If so, why? If not, why? I perceive this to be a tax and voters were not given the opportunity to vote on such an issue.
How did you / would you have voted on the noise ordinance? The Noise Ordinance had been in the making for quite some time. While I believe the approved version was not the perfect version, it was a start and gives folks some guidelines to follow and law enforcement some tools to use. After speaking to a number of residents in/around the Copperopolis area, I am hopeful the Noise Ordinance will tone down the variety of noise related issues that the community has experienced.
How did you / would you have voted on the SB or ab 1221? SB 1221 was not up for a vote before the Board of Supervisors but a resolution to deny the bill was requested and approved. I would have voted no on SB 1221 because I believe this was one more piece of regulation that was not necessary and a waste of taxpayers money.
What is your position on the sewer and water line issue at Town Square? I am not aware off the specifics on the issue and why the decisions were made to approve the current arrangement. As future development is approved and occurs, I would work to ensure that proper infrastructure is in place at the time the project/development is complete and allowed to operate/open.
How do you feel about 40,000 people in the Copperopolis Basin? This concerns me as well as many residents I speak to in Copperopolis and throughout Calaveras County. The potential for this type of growth over the next 20 to 30 years, reinforces the need to update the General Plan and the various community plans so that we have a framework in place to properly plan for infrastructure, public service needs, housing, commercial growth and open space for future generations. .
SPECIFIC QUESTION FOR PONTE:
How do you plan to fulfill your county obligations with a ft job and pending arbitration? The pending arbitration issues has been resolved and I am bound by the agreement to not discuss the specifics. As for managing my current position and managing the duties of supervisor, I have the ability, desire, support, flexibility and time management skills to perform the duties and fulfill the responsibilities of any position I maintain. In my opinion, my current job position is no different than any other supervisor who owns and manages working cattle ranch, a restaurant, an industrial business, and/or retail business.
