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County
of Inyo
Board
of Supervisors
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The
Board of Supervisors of the County of Inyo, State of California, met in regular
session at the hour of 9:00 a.m., on Tuesday, July 5, 2005,
in the Board of Supervisors Room, County Administrative Center, Independence,
with the following Supervisors present: Chairperson
Ted Williams presiding, Susan Cash, Jim Bilyeu, and Richard Cervantes.
Supervisor Arcularius was absent. Supervisor
Cervantes provided the Invocation, and Supervisor Williams led the Pledge of
Allegiance.
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Public
Comment
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The
Chairperson announced the public comment period.
Supervisor Cervantes read a letter from Ms. Jan Rucquoi regarding
the Tecopa Hot Springs into the record.
Supervisor Bilyeu thanked all those who attended and participated
in the 4th of July festivities in Independence, especially
the generous contribution of fireworks by the Fort Independence tribe and
others.
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| County
Dept. Reports
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The
Chairperson announced the County Department Report period. Mr. Andrew Remus provided a brief report on the Yucca
Mountain State legislative visits and received thanks from the
Chairperson, Supervisor Williams for his hard work.
Mr. Chuck Hamilton, Deputy County Administrator, announced a
Household Hazardous Waste Event scheduled for the Bishop-Sunland Landfill
on Saturday, July 9, 2005, from 9:00 a.m., to 12 noon.
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CAO-Admin. Serv./Cottonwood Plaza Lease
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the
Amendment to the Lease between the County of Inyo and Maudsley
Enterprises, Inc. extending the lease for office space at Cottonwood Plaza
for Integrated Waste, Parks and Recreation, Risk Management, Personnel,
and Board/CAO, for the period of July 1, 2005, through June 30, 2006, at
the rate of $1,638, contingent upon the Board’s adoption of a FY 2005/06
budget; and authorize the Chairperson to sign.
Motion
carried unanimously, with Supervisor Arcularius absent.
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Integ. Waste/ Shred Pro Contract
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the
Contract between the County of Inyo and Shred Pro, Inc., of Bishop, for
confidential and service document destruction services, in an amount not
to exceed $15,600, for the period of July 1, 2005, through June 30, 2006,
contingent upon the Board’s adoption of a FY 2005-06 Budget; and
authorize the Chairperson to sign, contingent upon the appropriate
signatures being obtained. Motion
carried unanimously, with Supervisor Arcularius absent.
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Parks/Preferred Septic Vault Pumping Contract
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the
Contract between the County of Inyo and Preferred Septic & Disposal,
Inc., for vault pumping services at Inyo County parks and campgrounds, in
an amount not to exceed $9,920, for the period of July 1, 2005, through
June 30, 2006, contingent upon the Board’s adoption of a FY 2005-06
Budget; and authorize the Chairperson to sign, contingent upon the
appropriate signatures being obtained.
Motion
carried unanimously, with Supervisor Arcularius absent.
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HHS-Hlth. Serv./ EMS Funds
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the
Declaration of Intent to Apply for the FY 2004-05 Emergency Medical
Services appropriation, and authorize the Chairperson to sign.
Motion
carried unanimously, with Supervisor Arcularius absent.
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Probation/Mono Contract for Juvenile Placement
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Moved by Supervisor Bilyeu and seconded by Supervisor Cash to
approve the Contract between the County of Inyo and the County of Mono for
the placement of Mono County juvenile/ward commitments in the Inyo County
Juvenile Center at the rate of $95 per day per minor, for the period of
July 1, 2005, through June 30, 2010; and authorize the Chairperson to
sign. Motion
carried unanimously, with Supervisor Arcularius absent.
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Integ. Waste/ Bishop Waste Olancha & Keeler Waste
Transfer
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Mr.
Chuck Hamilton, Deputy County Administrator, briefly explained the bid
process and how it related to the bids for the transfer of waste from the
various County transfer stations. Mr.
Hamilton presented a letter he had received from Preferred Septic &
Disposal, Inc., protesting the Bishop Waste Disposal bid and the Board
took several minutes to review the letter.
Mr. Paul Bruce, County Counsel, confirmed that the Bishop Waste bid
was not a violation of the Sherman Act as referenced in the Preferred
Septic letter. The Board, Mr.
Comontofski of Preferred Septic, and Staff discussed the bid process and
the bid submitted by Bishop Disposal in detail.
The discussions included (a) concerns with awarding the bid to the
lowest responsible bidder; (b) the fact that Bishop Waste Disposal’s bid
price is 50% lower than last year’s contract price; (c) price fixing
concerns; (d) how unusually low bids could be an attempt to drive up
market share by driving out the competition; (e) whether the lowest bidder
is the most responsive bid; (f) the definitions of a responsible bid and
an outrageous bid; and (g) the dilemma of whether the bidder could
reasonably perform the duties of the contract at a 50% reduction vs.
saving the County money. Moved
by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the Contract between the County of Inyo and Bishop Waste
Disposal for the transfer of solid waste from the Olancha and Keeler
Transfer Stations to the Lone Pine Landfill, in an amount not to exceed
$26,000, for the period of July 1, 2005, through June 30, 2006, contingent
upon the Board’s adoption of a FY 2005-06 Budget; and authorize the
Chairperson to sign, contingent upon the appropriate signatures being
obtained. Motion
carried unanimously, with Supervisor Arcularius absent.
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Integ. Waste/ Bishop Waste Disposal Darwin Waste
Transfer
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Moved by Supervisor Bilyeu and seconded by
Supervisor Cervantes to approve the Contract between the County of Inyo
and Bishop Waste Disposal for the transfer of solid waste from the
community of Darwin to the Lone Pine landfill in an amount not to exceed
$7,865, for the period of July 1, 2005, through June 30, 2006, contingent
upon the Board’s adoption of a FY 2005-06 Budget; and authorize the
Chairperson to sign, contingent upon the appropriate signatures being
obtained. Motion carried unanimously, with
Supervisor Arcularius absent.
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Integ. Waste/ Bishop Waste Disposal Big Pine Transfer
Station Chemical Toilet Service
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With
regard to the request to award the contract for chemical toilet services
at the Transfer Stations, Supervisor Bilyeu questioned staff regarding the
ability to have more frequent chemical toilet services at the County
transfer Stations. Mr. Chuck Hamilton, Deputy County Administrator, explained
that a new RFP could be issued changing the scope of work to require more
frequent dumping services because of the health and safety concerns.
Mr. Hamilton suggested that this item be pulled for further
evaluation and said that he will rewrite the scope work and reissue the
RFP.
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Parks/Bishop Waste Disposal South County Waste Disposal
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the
Contract between the County of Inyo and Bishop Waste Disposal for waste
disposal services at the County parks and campgrounds located in South
County, in an amount not to exceed $9,790, for the period of July 1, 2005,
through June 30, 2006, contingent upon the Board’s adoption of a FY
2005-06 Budget; and authorize the Chairperson to sign, contingent upon the
appropriate signatures being obtained.
Motion
carried unanimously, with Supervisor Arcularius absent.
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Parks/Bishop Waste Disposal North County Waste Disposal
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the
Contract between the County of Inyo and Bishop Waste Disposal for waste
disposal services at County parks and campgrounds located in the area from
Independence North, in an amount not to exceed $8,092, for the period of
July 1, 2005, through June 30, 2006, contingent upon the Board’s
adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign,
contingent upon the appropriate signatures being obtained.
Motion
carried unanimously, with Supervisor Arcularius absent.
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Integ. Waste/ Bishop Waste Big Pine Transfer Station
Waste Transfer
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the
Contract between the County of Inyo and Bishop Waste Disposal for the
transfer of solid waste from the Big Pine Transfer Station to the
Bishop-Sunland landfill in an amount not to exceed $28,500, for the period
of July 1, 2005, through June 30, 2006, contingent upon the Board’s
adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign,
contingent upon the appropriate signatures being obtained.
Motion
carried unanimously, with Supervisor Arcularius absent.
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| CAO-Personnel/
McDowell Water Director Contract
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Moved
by Supervisor Cash and seconded by Supervisor Bilyeu to ratify the
contract between County of Inyo and Mr. Phil McDowell for the provisions
of personal services for the period of June 28, 2005 through termination
at a monthly salary of $7,200.00. Motion carried unanimously, with Supervisor
Arcularius absent.
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| Integ.
Waste/ Minshew Engineering Consultant Contract
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Mr.
Chuck Hamilton, Deputy County Administrator, provided a brief history of
the environmental and engineering consulting services provided to Inyo
County through the RCRC JPA. He
responded to questions from the Board explaining that Minshew has the
appropriate liability insurance, that they provide the quarterly,
semi-annual and annual reporting required by the State, as well as
performing the groundwater testing required at the landfills; and that
this work cannot be performed in-house because of staffing and
certification limitations.
Moved
by Supervisor Cash and seconded by Supervisor Bilyeu to authorize the
Chairperson to sign the Agreement between the County of Inyo and Minshew
Engineering for Integrated Waste Management consultant services for
FY2005-06, not to exceed $198,300 subject to obtaining appropriate staff
signatures and contingent upon Board adoption of the FY 2005-06 Budget.
Motion
carried unanimously, with Supervisor Arcularius absent.
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BofS/McKeon
Wilderness Plan Update
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Supervisor
Williams provided a brief explanation on the purpose of the Inyo/Mono
Wilderness Committee, which is to assist Congressman Buck McKeon’s
office in the development of legislation for a public lands proposal.
He explained that the committee was formed at the behest of
Congressman McKeon in response to local concerns regarding previous
wilderness legislation, which did not involve the local jurisdictions.
Supervisor Williams updated the Board on the first meeting of the
local representatives, stressing that this Agenda Item was an update and
that even the most preliminary development processes for a recommendation
on the proposal has not yet begun. The
Board discussed how the County would be involved in the development of a
proposal directing that when the proposal is finalized that it be brought
back for Board discussion and consideration.
Supervisor Williams thanked the Board for their indulgence in
giving him the opportunity to keep them informed on this very important
issue, which will ultimately impact Inyo County and indicated that he
would provide regular updates as the process proceeds.
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Coroner/Deputy
Coroner, Lab and Autopsy Services Contracts
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The
Board and the Coroner discussed the contracts presented for Coroner
services, with the Board expressing their concern with recommendation E)
to approve a contract with a contractor to be determined.
The Board directed that once the contract was finalized that it be
returned for further consideration by the Board.
Moved by Supervisor Cash and seconded by Supervisor Cervantes to
approve the Contract between the County of Inyo and the following in the
amounts specified, contingent upon the Board’s adoption of a FY 2005-06
Budget; and authorize the Chairperson to sign: A) Medtox Laboratories,
Inc., for toxicology services in an amount not to exceed $3,600; B) Milton
R. Jones, M.D. for autopsy services in an amount not to exceed $31,300; C)
Robert A. Franke for deputy coroner services in an amount not to exceed
$11,680; and D) William D. Stinnett for deputy coroner services in an
amount not to exceed $11,360. Motion
carried unanimously, with Supervisor Arcularius absent.
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Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 10:35 a.m., to reconvene in
open session with all Board Members present, except Supervisor Arcularius.
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| HHS-Behavioral
Hlth./Office Asst.-Lab Tech Position
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Moved
by Supervisor Cash and seconded by Supervisor Cervantes to increase
authorized strength by adding one Office Assistant III/Lab Tech position
at Range 50 ($2,056 - $2,498) and waive the hiring freeze and authorize
the recruitment and filling of this position.
Motion
carried unanimously, with Supervisor Arcularius absent.
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Planning-Yucca
Mtn./Hydro-
dynamics
Contract Amendment
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The
Board and Staff discussed the scope of work for this contract amendment,
with the Board expressing their concern with the County incurring costs
for our contractor to travel to Colorado to provide data for the Forest
Service. Moved by Supervisor
Cervantes, with no second to ratify and approve Amendment Two to the
Contract between the County of Inyo and Hydrodynamics Group LLC for
hydrologic support services for the Death Valley Regional Ground Water
monitoring program, amending the scope of work and schedule of fees and
increasing the not-to-exceed amount by $37,855 for the period of February
1, 2003 through August 31, 2005, contingent upon the Board’s adoption of
a FY 2005/06 budget; and authorize the Chairperson to sign, contingent
upon the appropriate signatures being obtained. The motion failed on a two-to-two roll call vote, with
Supervisors Cervantes and Williams voting yes and with Supervisors Cash
and Bilyeu voting no, and with Supervisor Arcularius absent.
Moved
by Supervisor Cash and seconded by Supervisor Bilyeu to ratify and approve
Amendment Two to the Contract between the County of Inyo and Hydrodynamics
Group LLC for hydrologic support services for the Death Valley Regional
Ground Water monitoring program, amending the scope of work and amending
the schedule of fees increasing the not-to-exceed amount by $8,000 for
task 2 and decreasing it from task number 11, for an total contract amount
not to exceed $35,855 for the period of February 1, 2003 through August
31, 2005, contingent upon the Board’s adoption of a FY 2005/06 budget;
and authorize the Chairperson to sign, contingent upon the appropriate
signatures being obtained. Motion
carried on a three-to-one vote, with Supervisors Cash, Williams and Bilyeu
voting yes, with Supervisor Cervantes voting no, and with Supervisor
Arcularius absent.
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| Resol.
#2005-34/ Olancha CSD Loan
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On
a motion by Supervisor Cervantes and a second by Supervisor Bilyeu,
Resolution No. 2005-34 was adopted, approving an interim loan from the
County Treasury to the Olancha Community Service District in the aggregate
amount of $60,000 for the purpose of financing the District’s operations
costs during the FY 2005-06 period and prior to receipt of their annual
property tax apportionment: motion unanimously passed and adopted, with
Supervisor Arcularius absent.
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| Resol.
#2005-35/ LORP Grant
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Mr.
Phil McDowell, Acting Water Director, requested a correction in the amount
to be sought to $20,096,430. On
a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution
No. 2005-35 was adopted, authorizing the submittal of an application
requesting funding for a proposal titled “Implementation of the Lower
Owens River Project Invasive Species Control, and Land Management
Improvements in the Owens Valley” seeking approximately $20,096,430 in
funds under Proposition 50, the Water Security, Clean Drinking Water,
Coastal and Beach Protection Act of 2002: motion unanimously passed and
adopted, with Supervisor Arcularius absent.
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| Board
Members and Staff Reports
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The
Board Members reported on their activities during the preceding week,
including a trip to Sacramento for Yucca Mountain Legislative visits; an
Indian Gaming Commission Meeting, including thanks to Mr. Kevin Carunchio,
Deputy County Administrator for his efforts in obtaining Indian Gaming
Commission funding for the County’s use and notification that the County
had received two grants one totaling $44,583 to be used towards our
Grants-in-Support Contracts and one for $6,633 for solid waste activities;
a SBC “funraiser;” a Bishop City Council Meeting; and the
Sierra Nevada Conservancy Meeting.
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| Closed
Session
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The
Chairperson recessed open session at 11:25 a.m., to convene in closed
session, with all Board Members present, except Supervisor Arcularius to
discuss Agenda Items No. 22. PERSONNEL
[Pursuant to Government Code § 54957] - Public Employee
Appointment - Title: Director
of Water Department; No. 23. PERSONNEL
[Pursuant to Government Code § 54957] - Public Employee
Appointment - Title: Director
of Public Works; and No. 24. CONFERENCE
WITH LABOR NEGOTIATOR [Pursuant
to Government Code § 54957.6] - Instructions to Negotiators re:
wages, salaries and benefits - Employee Organization:
ICEA - Negotiators: CAO
Ron Juliff.
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| Report
on Closed Session
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The Chairperson recessed
closed session at 11:55 a.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.
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| Adjournment
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The Chairperson adjourned
the regular meeting at 11:55 a.m., to 9:00 a.m., Tuesday, July 12, 2005,
in the Board of Supervisors Room, at the County Administrative Center, in
Independence.
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________________________________________
Chairperson,
Inyo County Board of Supervisors
Attest: RON
JULIFF
Clerk of the Board
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