Board Minutes - November 25, 2003

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County of Inyo

Board of Supervisors

The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 9:05 a.m., on Tuesday, November 25, 2003, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Michael Dorame presiding, Linda Arcularius, Julie Bear, Ted Williams, and Carroll M. Hambleton, Jr.  Supervisor Dorame provided the Invocation, and Supervisor Hambleton led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period.  Supervisor Linda Arcularius read into the record a letter regarding the road closures of Furnace and Birch Creek Roads, which she had presented during the Forest Service tour of that area.

 

County Dept. Report The Chairperson announced the County Department Report period.  Ms. Linda Anisman, Director of Child Support Services, reported that at a meeting of her association, the Child Support Services Department had been recognized for their regional program, as one of the top ten counties in California.  Mr. Jeff Jewett, Public Works Director, updated the Board on the status of the Town Water Systems, notifying the Board that the Independence Community Services District has identified March 15, 2004 as the date they will take over the Independence system.  Mr. Jewett explained that during the ensuing time, both the County and the District will proceed with addressing a variety of transfer issues. 

 

CAO Budget Workshop

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with all Board Members present in order for the County Administrator to provide an update on the current status of the State budget crisis and its impact to Inyo County.  Mr. Mendez informed the Board that he would be conducting an in-depth workshop regarding the VLF impacts during the December 9, 2003 Board of Supervisors meeting.  The Board requested the County Administrator to extend an invitation to our Governor and our legislators to attend the December 9, 2003, workshop.  The Chairperson recessed the workshop at 9:50 a.m., to reconvene in open session, with all Board Members present.

 

HHS-Child Care Council Appointments

Moved by Supervisor Bear and seconded by Supervisor Arcularius to appoint the following to the Inyo County Child Care Planning Council to complete three-year terms ending November 4, 2006:  Ms. Verna Sisk, representing the Public Agency category; Ms. Deborah Breazeale representing the Community Agency category; Mr. Karen Inderbieten representing the Provider category; and Ms. Yvonne Deming and Ms. Joanne Parsons, representing Discretionary Representative category.  Motion carried unanimously.

 

Emergency Serv./Avalanch Monitoring P.O.

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve a purchase order for avalanche monitoring services from Snow Survey Associates in an amount not to exceed $3,000.  Motion carried unanimously.

 

Assessor/ Petroleum & Geothermal Sales Study Agreement

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the Contract between the California Assessors’ Association, Harold W. Bertholf, Inc., and the Assessors of Eighteen California Counties for the provision of a Petroleum and Geothermal Property Sales study, in an amount not to exceed $88,2000, with Inyo County contributing $2,100, for the period of November 1, 2003, through October 31, 2004; and authorize the Assessor to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Probation/Fire Alarm Testing & Inspection Contract

The Chief Probation Officer responded to questions from the Board regarding the contract with Simplex-Grinnell for fire alarm testing and inspections services at the Juvenile Facility.  He explained that the contractor for this service is also the manufacturer of the equipment, that this company has historically provided this service, and that he will be exploring other options in order to reduce the cost of this contract.

 

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Simplex-Grinnell for the provision of quarterly inspections and testing of the fire alarm system for the Juvenile Center, for the period of July 1, 2003 through June 30, 2004, in an amount not to exceed $7,600/year (quarterly billing of $1,900.00), and authorize the Chairperson to sign, contingent upon the appropriate signature being obtained.  Motion carried unanimously, with Supervisor Williams absent.

 

Resol. #2003-69/ Furnace Creek Road Notice of Completion

On a motion by Supervisor Bear and a second by Supervisor Arcularius, Resolution No. 2003-69 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Furnace Creek Road Resurfacing and Rehabilitation Project and the Tecopa Hot Springs road resurfacing and Rehabilitation Projects: motion unanimously passed and adopted. 

 

P.W.-EASA Workshop

The Chairperson recessed open session at 10:00 a.m., to convene in a workshop with Public Works  Department personnel, regarding the Eastern Sierra Regional Airport rates and fees.  The Chairperson recessed the workshop at 12:50 p.m., reconvening in open session at 2:00 p.m., with all Board Members present. 

 

CAO-Purchasing/ Cellular One Contract

The County Administrator responded to questions from the Board regarding the roaming charge analysis, explaining that the contract provides for “pooled” long-distance minutes, which result in the County not paying for roaming charges when individual phones exceed the maximum because there are always other phones which do not utilize their full allotment of minutes.  In response to a question from Supervisor Arcularius regarding the fact that one in three employees, most of whom do not travel because they are assigned to specific sites, are issued County cell phones, Mr. Mendez explained that it is left to the discretion of the Department Heads as to which employees are assigned cell phones.  He said that at the present time there is no County policy, which sets the criteria for assigning cell phones to employees and that he will schedule a workshop in future to discuss with the Board the implementation of such a policy.   Moved by Supervisor Hambleton and seconded by Supervisor Williams to A) declare Cellular One as a sole-source provider for the provision of cellular phone service, with no changes to existing monthly service of $20, and monthly roaming plans of $35, $45 and $75 depending on the volume of usage outside the area, and all other terms as specified; and B) approve a one-year amended service agreement with Cellular One ending November 24, 2004 and authorize the County Administrator to sign, contingent upon obtaining the appropriate signatures.  Motion carried unanimously.

 

Motor Pool/ Vehicle Purchase

The County Administrator and Mr. Lance Wagoner, Motor Pool Supervisor, responded to questions from the Board confirming that the vehicles being recommended for purchase are the remainder of the vehicles, which were deferred from last year’s budget.  Mr. Mendez also confirmed that the savings intended from the deferral of the purchase of these vehicles last year did effectuate an actual savings and that no more vehicle purchases were going to be recommended this year.  The Board and Mr. Wagoner discussed the mileage of the vehicles being replaced, as well as where the new vehicles were going to be assigned.  Mr. Wagoner explained that the new purchases will be used for long-distance and/or out-of-County travel.  Moved by Supervisor Williams and seconded by Supervisor Hambleton to A) award the bid for the purchase of the following vehicles to Eastern Sierra Motors: three 4wd 5-passenger utility vehicles in an amount not to exceed $63,251.64 and one 3/4-ton cab and chassis in an amount not to exceed $18,776.04; B) award the bid for the purchase of the following vehicles to Rotolo Chevrolet: three intermediate sedans in an amount not to exceed $46,441.32; one 3/4-ton regular cab pickup in an amount not to exceed $19,298.02; and one 1/2-ton regular cab pickup in an amount not to exceed $17,459.81.  Motion carried unanimously.

 

HHS-Inyo 5 Comm./CA Endowment Grant

Supervisor Bear provided additional information on the California Endowment Grant, explaining that this grant will provide oral health care for children from ages 6 through 12.  Supervisor Bear also provided the Board with copies of the Needs Assessment Report, noting that the information and statistics contained in the report will be valuable to other entities throughout the County in the pursuit of grant funding.  Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Grant Award Agreement between the County of Inyo and the California Endowment, in the amount of $300,000, for the period of December 2, 2003 through December 1, 2006, and authorize the Chairperson to sign.  Motion carried unanimously.

 

CSS-Probation/ Office Space Lease

The Chief Probation Officer responded to questions from the Board, explaining that he expects to have savings in the Probation Budget, as a result of fewer juvenile commitments to facilities outside of the County, which will cover the increase in the office space rents.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the  two Lease Agreements between the County of Inyo and the Bishop Development Company to accommodate A) the Child Support Services Department, in an amount not to exceed $3,503.76 per month, for a term of one year with two one-year options to extend; and B) the Probation Department, in an amount not to exceed $3,650.40, for a term of one year with two one-year options to extend; and authorize the Chairperson to sign both agreements, contingent upon obtaining the appropriate signatures.  Motion carried unanimously.  At the conclusion of this item, Supervisor Williams left the meeting.

  

Sheriff/Cerro Gordo Peak Site Lease

Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to A) approve the Antenna Site Lease Agreements between the County of Inyo and Western Summit Enterprises, Inc. (dba Mountain Investments) for the provision of the installation of Inyo County Sheriff’s, Road and EMS communication equipment on Cerro Gordo Peak, in an amount not to exceed the annual amount stated on Exhibit C of the lease agreements ($825.00 Sheriff’s Department, $225.00 Road, and $225.00 EMS per month with a 4% increase per year; and B) approve the term of the leases for ten years, contingent upon adoption of future budgets and obtaining the appropriate signatures; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Williams absent.

 

BofS/Farm-City Wk. Proclamation

Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to proclaim the Week of November 21, 2003 and ending November 27, 2003, as National Farm-City Week in Inyo County.  Motion carried unanimously, with Supervisor Williams absent.

 

 

Ag Comm./Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bear to amend the FY2003/04 County Budget as follows: A) increase estimated revenue in Budget Unit #023300 - Agricultural Commissioner (Object Code #4499), State/Other revenue, by $19,986.00 and increase appropriation in Budget Unit #023300 - Agricultural Commissioner (Object Code #5539), Other Agency Contribution, by $19,986.00; B) increase estimated revenue in Budget Unit #621300, Eastern Sierra Weed Management Area (Object Code #4562), County Contribution, by $19,986.00; and increase appropriation in Budget Unit #621300, Eastern Sierra Weed Management Area, (Object Code #5311), General Operating Expenses; and C) authorize the Agricultural Commissioner/Eastern Sierra Weed Abatement Area to participate with the California Department of Food and Agriculture (CDFA) Agreement No. 03-0578, in an amount not to exceed $19,986.00.  Motion carried unanimously, with Supervisor Williams absent.

 

Auditor/MacLeod Contract

Assistant Auditor-Controller, Ms. Peggy Petropulos, responded to questions from the Board regarding the personal services contract for auditor projects and the implementation of the contract prior to Board approval.  The Board and Ms. Petropulos also discussed the projects identified in the scope of work and the status of the first two projects.  In response to questions from the Board, the County Administrator (a) explained that he was anticipating transferring money from his budget and canceling some training in the Personnel budget to cover the costs of this contract; and (b) that this contract could be amended by reducing the amount and scope of work to cover specific projects.   The Board expressed their concern with the personnel training being cancelled and the need to approve contracts prior to the work commencing.  The Board expressed their desire to see the contract amended to limit the scope of work to the two projects, which have been or are due to be completed before the end of December, and the not to exceed amount.  Additionally, the Board asked that in the future contracts be approved by the Board prior to the commencement of the work.   Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to amend the FY2003-2004 County Budget as follows: A) Increase appropriation in Budget Unit #010400, Auditor-Controller-General, (Object Code #5002), Contract Employees, and (Object Code #5021), Retirement & Social Security, and give the County Administrative Officer authority to move excess dollars from another budget unit, in an amount not to exceed $4,000; and B) ratify the Contract between the County of Inyo and Virginia MacLeod, for the provision of personal services, from November 10, 2003 to June 30, 2004, in an amount not to exceed $4,000, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisor Williams absent.

 

BofS/Minute Approval Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to approve the minutes of the Board of Supervisors meeting of November 4, 2003.  Motion carried unanimously, on a three-to-zero vote, with Supervisors Arcularius, Hambleton and Dorame voting yes, with Supervisor Bear abstaining and with Supervisor Williams absent.

Moved by Supervisor Hambleton and Supervisor Arcularius to approve the minutes of the Board of Supervisors meeting of November 10, 2003.  Motion carried unanimously, with Supervisor Williams absent.

 

Board Member and Staff Reports The Board Members reported on their activities during the preceding week, including a Mental Health Board Meeting, an LTC Meeting, and with Supervisor Dorame providing information regarding the Nature Conservancy and their efforts regarding the Amaragosa River designation.

 

Closed Session

The Chairperson recessed open session at 4:10 p.m., to convene in closed session with all Board Members present, except Supervisor Williams, to discuss Agenda Items No. 19.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power and Inyo County Superior Court Case No. SICVCV01-29768; and No. 20.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - KMART Corporation et al. v. Anchorage, Alaska Municipal Tax Assessor, et al - in the United States Bankruptcy Court for the Northern District of Illinois Eastern Division - Case No. 02-b02474 Adversary Proceeding No. 03A01846.

 

Report on Closed Session

The Chairperson recessed closed session at 5:15 p.m., to reconvene in open session, to receive a report on closed session.  County Counsel reported that with regard to Agenda Item No. 20. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - KMART Corporation et al. v. Anchorage, Alaska Municipal Tax Assessor, et al - in the United States Bankruptcy Court for the Northern District of Illinois Eastern Division - Case No. 02-b02474 Adversary Proceeding No. 03A01846, the Board of Supervisors, in a unanimous vote, with Supervisors Arcularius, Bear, Hambleton and Dorame voting yes and with Supervisor Williams being absent, has authorized the Office of County Counsel to defend the Assessor in this litigation.

 

Adjournment

The Chairperson adjourned the regular meeting at 5:16 p.m., to 9:00 a.m., December 2, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

_____________________________________
   Chairperson, Inyo County Board of Supervisors

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

    by:        ___________________________________
                   
Patricia Gunsolley, Assistant       

 

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