County of Inyo

Public Comment

The Chairperson announced the public comment period.  Mr. Gary Oye, U.S. Forest Service District Ranger, distributed copies of the Environmental Impact Assessment for Human Waste Management for Mount Whitney Trail.

County Dept. Reports

The Chairperson announced the County Department Report period.  Ms. Leslie Chapman, Auditor-Controller, reported on the TEETER distribution and Mr. John Treacy, Treasurer-Tax Collector, elaborated on the collection of taxes and the impact of delinquencies on the TEETER distribution. 

BofS/Election of Officers

The Chairperson called for the election of officers for 2004.  The Assistant Clerk of the Board called for nominations for Chairperson.  Supervisor Arcularius nominated Supervisor Butch Hambleton for the position and Supervisor Bear seconded the nomination.  The Assistant Clerk closed the nominations and called for a motion to elect. Moved by Supervisor Dorame and seconded by Supervisor Arcularius to elect Supervisor Butch Hambleton, Chairperson of the Board of Supervisors for 2004.  Motion carried unanimously.

The Assistant Clerk called for nominations for Vice-Chairperson.  Supervisor Arcularius nominated Supervisor Julie Bear for the position, and Supervisor Hambleton seconded the nomination.  The Assistant Clerk closed the nominations and called for a motion to elect.  Moved by Supervisor Dorame and seconded by Supervisor Hambleton to elect Supervisor Julie Bear, Vice-Chairperson of the Board of Supervisors for 2004.  Motion carried unanimously.

HHS/Public Service Excellence

Ms. Jean Dickinson explained that the Public Service Excellence award was an in-house Health and Human Services award voted on by the Health & Human Services staff.  She thanked the Board for the opportunity to recognize the recipients and presented the “Public Service Excellence” award to Ms. Sue Stoutenburg and Mr. Steve Fredrickson. 

BofS/NPS Assis- tance Program

Mr. Jim Donavon of the National Park Services gave a presentation on the National Park Services’ Rivers, Trails, and Conservation Assistance Program.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:05 a.m., reconvening at 10:20 a.m., with all Board Members present.

Emergency Serv./ Budget Amendment

Moved by Supervisor Bear and seconded by Supervisor Williams to amend the FY 2003/04 Disaster Services Budget Unit 023700 by increasing estimated revenue in State Grants (Revenue Code #4498) by $250,064 and increasing appropriations as recommended by Staff by $250,064. Motion carried unanimously.

Public Defender/ Contracts

The County Administrator provided further information regarding the contracts for Public Defender Services. Mr. Mendez informed the Board that the contract for the Independence Misdemeanor services was being recommended for approval with Mr. Henry Moser in an amount not to exceed $77,500.  The County Administrator and the Board discussed the proposed cost of living increases, the three-year terms of the contracts, as well as the impact of the potential capitol murder case on this budget.  Mr. Mendez explained that the contracts cover the anticipated demand for regular public defender services in the County and that the cost of living increases provided the incentive for the three-year terms.  He went on to say that charges for public defender services for a capitol case would be in addition to these contracts and that the County could seek legislative relief for the charges once they exceed, what he thought was a $500,000 amount.  Mr. Mendez informed the Board that there are special requirements for public defenders who defend capitol murder cases and he is in the process of exploring the County’s options regarding acquiring the services of a qualified public defender to handle this matter.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the following contracts for Public Defender services for a three-year period beginning January 1, 2004 through December 31, 2007, with two one-year renewal options and an annual 2% cost-of-living increase (COLA), contingent upon the Board’s adoption of future budgets, and authorize the County Administrator to sign, contingent upon appropriate signatures being obtained;  (a) Ms. Dana Crom for Juvenile Court and Welfare & Institutions Public Defender Services in an amount not to exceed $92,500; (b) Ms. Elizabeth Corpora for Felony Public Defender Services in an amount not to exceed $115,000; (c) Mr. Gerard B. Harvey for Bishop Misdemeanor Public Defender services in an amount not to exceed $115,000; (d) Mr. David Christensen for the primary backup for Juvenile Court and Welfare & Institutions Public Defender services in an amount not to exceed $87,000; and (e) Mr. Henry Moser for Independence Misdemeanor Public Defender services in an amount not to exceed $77,500.  Motion carried unanimously.

Integ. Waste/Fee Waiver Fire Safe Council

Deputy County Administrator, Mr. Chuck Hamilton, provided additional information and further justification for the request to waive solid waste disposal fees for the Lone Pine Fire Safe Council project to clean-up the Lone Pine Reservation.  Mr. Hamilton clarified that the issue is larger than just the waiver of the fees, that the magnitude of the potential waste to be disposed may exceed the daily limit of the landfill.  Mr. Hamilton  went on to clarify that neither the Air Pollution Control District nor the Lahoton Water District have jurisdiction on the reservation which resulted in a number of alternatives being viable.  He explained that as a result of the potential  amount of waste and the location of the waste, Staff and other agencies involved in the clean-up, have been able to designate portions of the waste as burnable and/or recyclable. He said that at this point, the amount of the waste and the corresponding fees is unknown until the project nears completion.  Mr. Gary Donnelly, representing the Fire Safe Council, explained that the request for the waiver of fees had spurred the project participants into identifying the alternatives and that the original request was being modified to address only the amount of waste remaining once all other alternatives for disposal had been exhausted.  The Board, Mr. Donnelly, and Staff discussed the project, with the County Administrator responding to concerns regarding setting a precedent in waiving these fees and not waiving the BLM fees as was requested several weeks ago.  Mr. Mendez provided justification on why the waiver of fees for this project was not precedent setting by explaining that the Fire Safe Council and the clean-up efforts are being conducted by volunteers, not a governmental entity, that it is a one-of-a-kind project, not on-going services; and there  are real public safety fire issues driving this project.  The Board and Staff discussed the diversion credits, which will be gained by the County as a result of diverting most or all of the waste.  Supervisor Arcularius requested that the alternative of burying the undiverted waste on the reservation also be considered.  The Board also asked that once the project nears completion and the amount of potential waste which is to be earmarked for the Landfill is determined, that the item be brought back for the Board’s consideration of the fee waiver.  The Board explained that the reason for the request to have this item returned for Board consideration is that it provides the project proponents the opportunity to let the public know about the success of the project.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to direct Staff to work with the Lone Pine Fire Safe Council and the Community to find diversions, including burning, recycling and burial, of the waste from the Lone Pine Reservation Clean-up Project, report back with the results of the project, and make recommendations for the waiver of solid waste disposal fees for undiverted waste if any.  Motion carried unanimously.

P.W./Silver Peak and Mazourka Peak Repeater Site Leases

Moved by Supervisor Dorame and seconded by Supervisor Williams to A) approve the Lease Renewal Notification for the Lease Agreement between the County of Inyo and AAT Communications Corporation for the lease of radio/repeater sites on Silver Peak for the Road Department, EMS, and Health Department for the period of April 1, 2004 through March 31, 2007, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign; and B) approve the Lease Renewal Notification for the Lease Agreement between the County of Inyo and AAT Communications Corporation for the lease of radio/repeater sites on Mazourka Peak for 911, 911 Standby, Health Department and Administration for the period of May 1, 2004, through April 30, 2007, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Assessor/Bertholf Contract

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to ratify the Contract between the County of Inyo and Harold W. Bertholf, Inc., for assessment appeal assistance services, for the period of January 1, 2004, through December 31, 2004, in an amount not to exceed $50,000; contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Water Dept./ Water Commission Appointments

Mr. Greg James, Water Director, reviewed the recommendation for the Board to appoint two Water Commissioners, explaining that requests for appointment had been received from Mr. Ramon Bocanegra, Ms. Margaret Bradburn, Mr. Robert Paschall, Mr. Kirk Livermont, Ms. Janice Allen and Ms. Jeanne Lopez.  Supervisor Bear suggested that the Board appoint an Ad Hoc committee, of two Board Members, as they had in the past, to interview the applicants and bring back a recommendation for appointment.  Supervisor Williams, expressed his delight in having two south County residents interested in appointment, strongly supporting Ms. Jeanne Lopez’ appointment.  Supervisor Arcularius supported Ms. Allen’s appointment and highlighted the fact that there was a First District resident also interested in being appointed.  Supervisor Dorame supported the  appointment of Ms. Janice Allen and Ms. Jeanne Lopez, both from the Fifth District.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to appoint Mr. Ramon Bocanegra and Ms. Janice Allen to the Inyo County Water Commission to complete four-year terms ending December 31, 2007.  Motion carried on a three-to-one vote, with Supervisors Arcularius, Williams and Dorame voting yes, with Supervisor Hambleton voting no, and with Supervisor Bear abstaining.

BofS/Minute Approval

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the minutes of the December 2, 2003, Board of Supervisors Meeting.  Motion carried unanimously on a four-to-zero vote, with Supervisors Arcularius, Bear, Williams, and Hambleton voting yes, and with Supervisor Dorame abstaining. 

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Meetings of December 9, 2003 and December 16, 2003.  Motion carried unanimously.

Fish & Game/ Fine Fund Expenditure

Moved by Supervisor Williams and seconded by Supervisor Bear to approve a $1,500 expenditure from the Inyo Fine Fund to the Eastern Sierra Wildlife Care for the temporary emergency treatment and care of injured or orphaned wildlife for FY 2003/04.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:10 p.m., reconvening in closed session at 1:45 p.m., with all Board Members present.

Closed Session

The Board convened in closed session to discuss Agenda Items No. 14.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Elected Officials Assistant Association (EOAA) - Negotiators - County Administrative Officer & Personnel Analyst;  No. 15.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation - Title - Planning Director; and No. 16.  REAL PROPERTY NEGOTIATIONS (Conference with Real Property negotiators Pursuant to Government Code Section 54956.8) - Property - Eastern Sierra Regional Airport (Bishop) - Negotiating Parties - City of Los Angeles Department of Water and Power and the County of Inyo - Negotiations - Price and Terms.

Report on Closed Session

The Chairperson recessed closed session at 6:10 p.m., to reconvene 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 6:10 p.m., to 9:00 a.m., January 13, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.