County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Dick Noles, Bishop Resident, presented, on behalf of Mr. Dave McCoy, a book of photographs taken and published by Mr. McCoy, which is a pictorial of the beauty and grandeur of the Eastern Sierra backcountry and memorializes three trips, with representatives of Senator Feinstein, Congressman McKeon and Assemblyman Maze, made on motorized recreational vehicles. Mr. Noles noted that photography has become a passion of Dave McCoy’s and he had wanted to highlight the pristine splendor of those areas, which are accessed through motorized vehicles. Mr. Noles explained that the book was being given to the Board in thanks for their continued efforts to protect motorized recreational opportunities in the Eastern Sierra.

County Dept. Reports

The Chairperson announced the County Department Report period. Ms. Leslie Chapman, Auditor-Controller, updated the Board on the Financial System Upgrade Project, saying that her Staff is preparing to take the new system on line in early October.

Trial Courts/MOU for Accounts Receivables

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to approve the Memorandum of Understanding (MOU) between the County of Inyo and the Inyo County Superior Court to allow the Court to utilize AllianceOne Receivables Management Inc., for comprehensive collection services; and authorize the Chairperson to sign. Motion carried unanimously.

Resol. #2007-48/ Premium Pay for Engineers

On a motion by Supervisor Cervantes and a second by Supervisor Arcularius, Resolution No. 2007-48 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Amending Resolution No. 2007-22 Providing Premium Pay to County Officers and Employees for Certain Required Licenses and Certifications,” was approved: motion unanimously passed and adopted.

HHS-Soc. Serv./ Marin County MAA/TCM Consortium Agreement

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to A) approve and ratify the Agreement between the County of Inyo and Marin County for MAA/TCM Consortium host county services for the period of July 1, 2007 through June 30, 2009; and authorize the Chairperson to sign; B) approve payment to Marin County for FY 2007-08 services to be paid by March 31, 2008; and C) approve payment to Marin County for the FY 08-09 services to be paid by March 31, 2009, contingent upon the Board’s adoption of future budgets. Motion carried unanimously.

P.W./Indy Landfill Fencing Contract

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to award and approve the Contract for the Independence Landfill Fencing Project to Boyd Fence in the amount of $19,800 and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and authorize the Public Works Director to execute all other Contract documents, including contract change orders, to the extent permitted by Public Contract Code §20142 and other applicable law. Motion carried unanimously.

Rd. Dept./Hiatt Ready Mix Concrete Contract

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to award and approve the Contract for concrete products for FY 2007-08 to Hiatt Ready Mix, Inc., in the amount of $44,590 for the period of September 18, 2007 through June 30, 2008; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

CAO/Budget/ Unanticipated Revenue Policy

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to approve the Use of Unanticipated Revenue Policy as recommended by the Financial Advisory Committee (FAC). Motion carried unanimously.

Integ. Waste/ South County Operations

Mr. Chuck Hamilton, Deputy County Administrator, provided and reviewed the detailed documentation pertaining to the south County solid waste operations, including the updated per-capita and curbside rate figures. The Board and Staff discussed in detail and at length the information contained in the Staff Report including the alternatives. Supervisor Cervantes reiterated his position that the operations should be left unchanged based on his assertion that the remote southeastern portion of the County does not receive full County services and this is a mitigating measure for any lack of services.

Supervisor Bilyeu indicated that he would support making no changes to the services, at this time, in order to address the solid waste operations countywide. Supervisors Cash, Arcularius and Brown concurred with Supervisor Bilyeu, explaining that while they were willing to postpone a decision on south County operations until a complete audit of the entire program was made and funding alternatives were addressed, it was strictly that, and they were not buying into the argument that their decision was to mitigate for lack of services in south County. They individually and collectively explained that (a) they felt south County received services such as libraries, law enforcement, social services, health services, senior services, etc., just like the other areas of the County; (b) that the County needs to address those state and federal regulations which are mandated at the landfills and if that requires a change in how the program is funded it should be shared uniformly throughout all areas of the County; and (c) there are concerns with using a per-capita formula as the basis for assessing delivery of services. Supervisor Bilyeu concurred with their assessment and explained further that he would like to see a complete evaluation of the solid waste operations within Inyo County in order to come up with a solution to the problem which is the fact that it’s going to take general fund dollars away from all of our other projects to satisfy the State of California in taking care of our trash and garbage. He went on to say that once a countywide evaluation is conducted and as plans are developed for dealing with the countywide Solid Waste Program that would be the time to address the south County operations. The Board heard from Keeler Residents, Ms. Sophia Merk, Ms. Sherry Cosgrove and Mr. John Dukes, saying that they we’re willing to pay their share and supporting no change in services and also having a meeting in South County on this issue.

Moved by Supervisor Cervantes and seconded by Supervisor Cash to continue to provide solid waste hauling services in south County without change until a countywide review and analysis of the solid waste operations throughout the County is conducted and a plan is developed on how the County will continue to provide services and fund its solid waste operations including regulatory mandates and capital improvements required by the federal and State governments; and direction to Staff to publish the Agenda for a Special Meeting of the Board for Thursday, August 4, 2007, from 5:00 p.m. to 7:00 p.m., at Stovepipe Wells, to discuss and receive ideas and input from those who are directly impacted by the south County solid waste operations.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:56 a.m., to reconvene at 10:05 a.m., with all Board Members present.

Resol. #2007-49/ Old B.P. Library Building Leased to B.P. Fire Dept.

Ms. Tanda Gretz, Senior Planner, reviewed the staff report and recommendation to lease the old Big Pine Library building and land to the Big Pine Fire Department. She reviewed in detail the findings upon which this recommendation was based. Ms. Nancy Master’s, Independence Resident, addressed the Board to request that they delay their decision on this matter until further research is conducted into the historical status of the building. The Board and Ms. Master’s discussed her suggestion. The Board conveyed their understanding that the old Big Pine Library building is historically significant, but qualified that understanding by explaining that it did not meet the level of significance, which required protection under the law. The Board noted that the State Office of Historic Preservation has verified in writing that the decision regarding the historic status of the building is the County’s and that the action of the Board to lease the land to the Big Pine Fire Department provides for the health and safety of the Community of Big Pine and, in this instance, serves the greater good. The Board and Ms. Master’s discussed that the District would be required to follow the process established in the law for the disposal of the building and there is still an opportunity for someone from the public to relocate the building. Supervisor Bilyeu noted for the record that in the three years he has been working on this transfer, no one has contacted him to oppose this action, all of his communications have been in support of the Big Pine Fire Department’s utilization of this property. Supervisor Bilyeu also expressed his concern with the County finding the funds to maintain the old library building. The Board reviewed and concurred with the conclusions provided by staff and supported the recommendation. Ms. Geri Stout of the Big Pine Fire District Board of Fire Commissioners, addressed the Board to support this action, explaining how important this location is to the ongoing operations of the District. The Board and Ms. Dixon discussed how costly to the District taxpayers, it would be for the District to relocate its Fire Department which will be required if the District is not able to acquire the use of this property. Moved by Supervisor Arcularius and seconded by Supervisor Brown to A) declare the old Big Pine Library building and the land on which it sits surplus; B) adopt Resolution No. 2007-49, certifying the Negative Declaration for the proposed project and certifying that the requirements of the California Environmental Quality Act have been met; and C) approve the 40-year Lease between the County of Inyo and the Big Pine Fire Department for the lease of the library land and building, making provision for the removal of the building by the Fire Department; and authorize the Chairperson to sign the lease contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 10:50 a.m., to convene in closed session, with all Board Members present, to consider Agenda Items No. 11. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – People of the State of California v. Carl McClleland, et. al, Inyo County Superior Court Case No. SICVCV07-44460; and No. 12. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code §54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – Inyo County Probation Peace Officers Association (ICPPOA); Negotiators – CAO Ron Juliff, Labor Relations Administrator Sue Dishion, Chief Probation Officer Jim Moffett, Deputy County Administrator Kevin Carunchio.

Report on Closed Session

The Chairperson recessed closed session at 11:25 a.m., to reconvene in open session to receive a report on closed session. County Counsel reported that with regard to Agenda Item No. 11. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – People of the State of California v. Carl McClleland, et. al, Inyo County Superior Court Case No. SICVCV07-44460, which is an action brought by the State of California, Department of Transportation, to condemn a portion of a lot in Independence for a temporary construction easement the County’s involvement is based upon a lien on the property for delinquent taxes, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Brown, Bilyeu and Cervantes voting yes, authorized and directed the Office of County Counsel to defend and represent the Inyo County Treasurer-Tax Collector and the County of Inyo in this matter.

Adjournment

The Chairperson adjourned today’s meeting in memory of Capt. Leonard Sluyter, a long-time Independence resident who passed away this weekend. The Chairperson adjourned the meeting at 11:27 a.m., to 9:00 a.m., Tuesday, September 28, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.