County of Inyo

Public Comment

The Chairperson announced the public comment period.  Mr. Von Riesen, Independence Resident, addressed the Board to identify a problem with truck noise during the late evening and early morning hours,  which has escalated since the closure of the Division Creek Rest Area.  Mr. Riesen explained that he had occasion to talk with a group of truckers very early one morning at which time he learned that one trucking company is actually directing their truck drivers to switch their loads in Independence.  He asked the Board to do something to stop the truck noise and traffic.  Supervisor Hambleton suggested that perhaps Caltrans might be willing to allow some truck traffic at the rest area while still keeping the facilities closed.  He asked the County Administrator to invite Caltrans to address this issue at a future Board Meeting. 

County Dept. Reports

The Chairperson announced the County Department Report period.  The County Administrator informed the Board that as a result of last week’s discussion regarding the Town Water System rates, per Board direction Staff was preparing the information for further discussion during the Board’s October 28, 2003, meeting.  He asked that the discussion be postponed until the November 4, 2003, meeting because the Public Works Director had a meeting with the State on October 28, 2003, regarding road funding which he could not postpone.  Supervisor Bear indicated that she was not going to be attending the November 4, 2003, meeting and requested that the discussion be agendized for the Special Meeting to be held on Monday, November 10, 2003.  The Board concurred with Supervisor Bear’s request, and asked the County Administrator to agendize the discussion for November 10, 2003.  Additionally, Supervisor Williams requested that the information be made available to the Board and the public by November 4^th, with the County Administrator concurring.  Mr. Mendez clarified that the information would be made available to the Board, as well as being made available in the Bishop, Independence and Lone Pine Library Branches, and on the County’s web page. 

Introduction

Mr. John Treacy, Inyo County Treasurer-Tax Collector introduced his new Assistant Treasurer-Tax Collector, Ms. Alisha McMurtrie, to the Board.

Emergency Services/ Enviroguide Contract

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Enviroguide of Vista, CA, for emergency operations planning for the period of September 17, 2003 through December 31, 2003, in an amount not to exceed $35,000.00, and authorize the Chairperson to sign.  Motion carried unanimously. 

Integ. Waste/ ESJPA P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve a purchase order to the Environmental Service Joint Powers Authority (ESJPA) for the removal of non-grant funded household hazardous waste materials, in an amount not to exceed $10,323.00.  Motion carried unanimously.

D.A./Indentix P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to declare Indentix as a sole-source provider and authorize the purchase of two (2) Live Scan Booking stations for the Independence Sheriff’s Office and the Bishop Police Department, in an amount not to exceed $87,380, plus tax and shipping.  Motion carried unanimously.

H&H-Hlth Serv./ CMS Plan

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the FY2003-2004 Children Medical Services (CMS) Plan and authorize the Chairperson to sign.  Motion carried unanimously.

BofS/Starlite Community - Rd. Closure

The County Administrator reviewed the events which occurred during the October 7, 2003, Board of Supervisors meeting, wherein the Board had directed Staff to invite Mr. Pemberton, the Attorney representing the Starlite Estates area developers, Beach and Clark, to address the Board regarding the developers closure of the dirt road at the end of the paved portion of Starlite Drive.  Supervisor Bear requested that a letter from Phyllis Mattola opposing the closure of the road be entered into the record.  At the request of Supervisor Arcularius and prior to Mr. Pemberton’s comments, the Chair recognized Mr. Dan Totheroh, a Starlite Resident and President of the Starlite CSD, who gave a brief synopsis of the Community’s concerns and provided the Board with copies of  photographs of the area under discussion and a USGS “Mt. Tom” topographic map showing the road in question.  Mr. Totheroh introduced Mr. Steve Place, the attorney representing the Community in this matter, who informed the Board that a lawsuit has been filed in order to facilitate the removal of the gates and the opening of the road.   Mr. John Ruopp read into the record a letter from Mr. Ray VanDeWeerd apologizing for his inability to attend today’s meeting and reiterating the remarks he made during the October 7, 2003, Board Meeting regarding the illegality of the road closure.  Mr. Pemberton addressed the Board to present the developers position on this matter, highlighting a variety of statutes regarding private property rights, implied dedication and public/prescriptive easements.   Mr. Beach addressed the Board to provide additional information regarding the events, which led to his closure of a portion of his property.  Mr. Beach provided the Board with a copy of a proposal the developers had offered to the CSD in July.  In rebuttal to Mr. Beach’s comments, Mr. Totheroh provided the Board with a draft proposal the CSD had offered to the developers in June.  The Board discussed the information, which had been provided acknowledging that the developers, the community and the CSD appear to be willing to work towards amicable resolution.  The County Administrator requested a short recess to provide Staff the opportunity to formulate a possible recommendation for the Board’s consideration. 

Recess/

Reconvene

At the break Supervisor Hambleton excused himself from the remainder of the meeting, explaining that he had a personal commitment that could not be changed.  The Chairperson recessed the regular meeting at 10:50 a.m., reconvening at 11:15 a.m., with all Board Members present, except Supervisor Hambleton. 

BofS/Starlite Community - Rd. Closure Continued

The County Administrator and County Counsel explained that as a result of Mr. Beach’s comments asking for the County’s intervention to help solve the problem, Staff was suggesting the Board direct County Counsel and the Planning Director to act as facilitators to initiate communications between the developers Beach & Clark, the community of Startlite Estates and the Starlite CSD in order to find an amicable solution to the road closure.  Prior to ending the discussion Mr. Place, Attorney for the Community, clarified that the reason the Community filed the lawsuit was because that was the only way to seek injunctive relief from the Court to have the road reopened while the issue was being decided.  Additionally, Mr. Totheroh clarified that the CSD only has authority over water issues.  The Board thanked staff for their inventive idea to facilitate the communications to help reach resolution to the problem.

Parks/Bishop Waste Disposal Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve Amendment No. 1 to the Contract between the County of Inyo and Bishop Waste Disposal for waste transfer services from campgrounds located from Independence south, for the period of July 1, 2003 through June 30, 2004, correcting the per bin rate for trash removal from $12.05 to $14.75, with the contract amount remaining in an amount not to exceed $8,775, and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Hambleton absent.

Parks/Bishop Waste Disposal Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve Amendment No. 1 to the Contract between the County of Inyo and Bishop Waste Disposal for waste transfer services from campgrounds located from Independence north, for the period of July 1, 2003 through June 30, 2004, correcting the per bin rate for trash removal from $13.75 to $14.75, and correcting the per bin rate at Izaak Walton Park and Laws Museum from $14.75 to $15.75, with the contract amount remaining in an amount not to exceed $17,815.50, and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Hambleton absent.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including the Breast Cancer Walk, Inyo Associates, the FAC meeting, a new exhibit at the Arts Council, and upcoming meetings with BLM on Surprise Canyon.   The County Administrator informed the Board that the AG’s Office has determined the Governor Elect may reverse the action of Governor Davis to pull the VLF trigger once he has taken office.  He explained that the Governor Elect has said that he will reverse the decision and that leaves the larger question of how is the State going to backfill the VLF to the counties. 

Closed Session

The Chairperson recessed open session at 12:35 p.m., to convene in closed session, with all Board Members present, except Supervisor Hambleton, to discuss Agenda Item No. 11.  CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code § 54957.6]. Instructions to Negotiators re: wages, salaries and benefits - Employee Organization: Elected Officials Assistant Association (EOAA) - Negotiators: County Administrative Officer & Personnel Analyst.

Report on Closed Session

The Chairperson recessed closed session at 1:35 p.m., to convene in open session to receive a report on closed session.  County Counsel reported there were no items discussed in closed session, which were required by law to be reported on in open session. 

Adjournment

The Chairperson adjourned the regular meeting at 1:35 p.m., to 9:00 a.m., October 28, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.