Modoc County Tobacco Education Prog CTCP 10-25 + Prop 99 Funds
Friday, December 17, 2010
Editorial
There Is A Change In The Wind,This Time Let’s Hope Your
Voices Will Be Heard
As the Modoc County Board of Supervisors winds down more than a year of embarrassment following the exposure that it raided the treasury for $20 million and then skated extremely close to bankruptcy, all we can say is how sad.
How sad that a new board has to pick up the tangled wreckage of the county’s finances after the swearing in of Geri Byrne and Dave Allan on Jan. 3.
The former keepers of the county’s welfare have nothing to be proud of, and let’s be specific here by naming Dan Macsay and Dave Bradshaw as the two out-going supervisors who could have done more, but did next to nothing.
Taking appropriate leadership, Macsay and Bradshaw could have made a difference, but instead the board:
Failed to stand accountable for its role in the misappropriation.
Failed to meet the State Controller’s Office’s mandate to repay the treasury.
Failed to devise a viable plan to put the county back on its fiscal feet.
Failed to hire a qualified chief administrative officer to replace Mark Charlton who was rushed out when it was apparent he no longer served the board’s purpose.
Failed to follow even the most simplest of recommendations from the citizen-based Monday Night Group.
Failed to properly recruit a new auditing firm.
Failed to include supervisors-elect Byrne and Allan as ex-official participants in its talks with the SCO in order to ease their transition in January.
Failed to be forthright with the Modoc County Grand Jury.
These are not matters of personal opinions or conjecture. These failures are part of the official record of our supervisors’ actions this past year.
But, here’s what they did do.
They demeaned their constituents and county employees who posted anonymous comments to the Modoc County Daily News Blog by calling them scum bags, dirt bags and chicken livered.
They attacked and boycotted the Modoc County Daily News Blog, calling it “garbage.”
They disregarded the very citizens they are supposed to represent, citizens who stood before them time after time expressing their worries for the county‘s welfare and sharing their ideas for recovery only to be ignored.
They wasted money on contracted lawyers and financial advisers.
They balked at giving up public personnel records until threatened with litigation by the First Amendment Coalition.
They even violated the Establishment Clause of the U.S. Constitution’s First Amendment by holding sectarian prayers, prayers that many times included pleas for financial help.
Now, how is all that explained? we ask.
Our answer is simply what we have been saying all along. Arrogance coupled with ignorance is a dangerous combination.
Is there hope for the future? We think so. There is hope in the fact that from this turmoil that there is a greater public awareness not just in the knowledge that our elected representatives can be susceptible to failure, or can make poor decisions when they do act, but that we citizens have a voice that can make a difference.
Let those voices speak more often and when they do speak, make themselves heard.
In the future, we suggest you speak louder.
-- Ray A. March
Wednesday, December 15, 2010
Road Wars Continued
Editor’s Note: The following Q&A is with Gene Morris, Assistant Engineer, Modoc County Road Department., This exchange took place in the form of e-mail exchanges between December 9 - 14, and is an attempt to bring our readers up to date on the latest developments regarding the use of county roads by Ruby Pipeline.
MIN: We would appreciate a concise update on El Paso Corporation's hauling of gravel from the Lake City gravel pit. We’ve been told they acquired a permit to purchase and haul gravel from Lake City, and that the county wanted additional money for road use beyond the $158,000 paid. Is this true?
Morris: No. Conversations with BLM geologist Ken Collum is that Island Enterprises Inc., a sub-contractor to the Ruby Pipeline LLC project, purchased a permit to remove from the BLM Lake City Pit, 20,000 yards of material.
A permit is not required to haul "legal loads" from BLM Lake City Pit on county-maintained roads. Modoc County has not requested additional money beyond the one time only payment for good faith prior to reaching an agreement with Ruby Pipeline LLC.
The roads requested by the sub-contractor were not in the agreement between Ruby Pipeline LLC and Modoc County. Modoc County did request the agreement be amended to address the maintenance and repair of road damage directly related to Ruby Pipeline LLC activities for the requested roads. Ruby Pipeline LLC decided on a different option.
MIN: El Paso has told us they are now using an existing pit in Nevada and no longer hauling gravel from Lake City. Is this true?
Morris: Yes. Modoc County has been told by Ruby Pipeline LLC that they are not using any materials from the BLM Lake City Pit as it does not meet their contract specifications. As for the use of an existing pit in Nevada we do not know, we are only concerned with road issues in Modoc County.
MIN: Please explain and elaborate on your statement: "Modoc County did request the agreement be amended to address the maintenance and repair of road damage directly related to Ruby Pipeline LLC activities for the requested roads. Ruby Pipeline LLC decided on a different option."
Morris: Editor’s note: At the time this article was posted, Morris had not responded to this question.
MIN: Is the county pursuing additional money from El Paso for the continued use of County Rd. 1? Trucks hauling pipe are once again using County Rd 1.
Morris: No. However, Modoc County's agreement with Ruby Pipeline LLC does specify that Ruby Pipeline LLC will repair any damage done as a direct result of Ruby Pipeline LLC actions.
MIN: We would appreciate a concise update on El Paso Corporation's hauling of gravel from the Lake City gravel pit. We’ve been told they acquired a permit to purchase and haul gravel from Lake City, and that the county wanted additional money for road use beyond the $158,000 paid. Is this true?
Morris: No. Conversations with BLM geologist Ken Collum is that Island Enterprises Inc., a sub-contractor to the Ruby Pipeline LLC project, purchased a permit to remove from the BLM Lake City Pit, 20,000 yards of material.
A permit is not required to haul "legal loads" from BLM Lake City Pit on county-maintained roads. Modoc County has not requested additional money beyond the one time only payment for good faith prior to reaching an agreement with Ruby Pipeline LLC.
The roads requested by the sub-contractor were not in the agreement between Ruby Pipeline LLC and Modoc County. Modoc County did request the agreement be amended to address the maintenance and repair of road damage directly related to Ruby Pipeline LLC activities for the requested roads. Ruby Pipeline LLC decided on a different option.
MIN: El Paso has told us they are now using an existing pit in Nevada and no longer hauling gravel from Lake City. Is this true?
Morris: Yes. Modoc County has been told by Ruby Pipeline LLC that they are not using any materials from the BLM Lake City Pit as it does not meet their contract specifications. As for the use of an existing pit in Nevada we do not know, we are only concerned with road issues in Modoc County.
MIN: Please explain and elaborate on your statement: "Modoc County did request the agreement be amended to address the maintenance and repair of road damage directly related to Ruby Pipeline LLC activities for the requested roads. Ruby Pipeline LLC decided on a different option."
Morris: Editor’s note: At the time this article was posted, Morris had not responded to this question.
MIN: Is the county pursuing additional money from El Paso for the continued use of County Rd. 1? Trucks hauling pipe are once again using County Rd 1.
Morris: No. However, Modoc County's agreement with Ruby Pipeline LLC does specify that Ruby Pipeline LLC will repair any damage done as a direct result of Ruby Pipeline LLC actions.
Tuesday, December 14, 2010
Macsay’s Goodbye:
“I’d Rather Go Back To Vietnam”
Characteristically clearing his throat between sentences, out-going Supervisor Dan Macsay told his colleagues and audience yesterday, Dec. 14, that he would not do it again -- that he would rather go to Vietnam where “at least you can shoot back” -- than serve another term on the Modoc County Board of Supervisors.
“Am I happy about leaving?“ he asked. “Yeah, I really am. Would I do it again? No, I really wouldn’t. Believe me, I’d rather go back to Vietnam than I would to sit on this board. At least there you can shoot back,” the ex-Marine admitted.
Macsay, completing his final year on the board as its chair, was a regular target of public criticism, along with fellow supervisors Patricia Cantrall and Dave Bradshaw, following the disclosure that the Board of Supervisors apparently played a role in the misappropriation of an estimated $20 million from the treasury.
He was defeated in his bid for re-election in the June primary by David Allan of Surprise Valley.
Saying his eight years on the board had “been a real learning experience,” Macsay was candid in his self-analysis.
“I kind of thought about it and I’ve got to be truthful,” he continued. “I think that’s one thing that has probably been my downfall over the years, I say what I feel.”
Macsay was openly critical of the Monday Night Group, a citizen-based ad-hoc committee that persistently made recommendations to the board but were largely ignored under his leadership.
He also joined Cantrall at one point in lashing out at readers of the Modoc County Daily News Blog, calling them “scum bags” and “dirt bags” and the blog “garbage” while Cantrall called the anonymous voices “chicken-livered.”
On the other hand, he said he appreciated working with county department heads, and named positions rather than individuals, only acknowledging Auditor Darcy Locken, who he recently criticized, as “that young lady down there.”
He said he regretted that the county did not have the funding in past years to better train its employees and recognized that “they busted their butts for practically nothing.”
In spite of saying he would not want to serve on the board again, Macsay said his tenure had “been great, it really has.”
“I feel I want to leave on a positive note,” he said, “and I want you guys to remain positive. Keep going and get through any crisis. I hate to say this, but sometimes out of bad comes good,” he added in apparent reference to the county’s fiscal crisis arising in part because of the misappropriation.
When Macsay leaves office following the board’s final meeting of the year, Dec. 21, the county will still owe the treasury an estimated $12.5 million and will be in default of an order from the State Controller’s Office to repay the money. At one point the board teetered towards filing for bankruptcy.
Bradshaw, who also leaves the board at the end of this year, did not run for re-election. He will be replaced by Geri Byrne. Cantrall has two years left on her current term of office.
-- Ray A. March
Monday, December 13, 2010
Rudometkin’s Last Hurrah?
Budget Provides For “Training”
As revealed at a recent meeting of Modoc County department heads, Chief Administrative Officer Rick Rudometkin may well remain on the scene for months after the Board of Supervisors hires his replacement.
That possibility is evident in a relatively obscure line item of the county budget covering the last six months of the current fiscal year -- a budget recently approved by the lame duck board.
In effect, the budget provides for Rudometkin to be paid nearly $62,000, including benefits, to train a new CAO, who will simultaneously receive $99,000 in salary and benefits for the same January through June period.
The only way for the budget item to be changed is if the in-coming Board of Supervisors rescinds it after Jan. 3.
“The current board has given the new board the option of keeping Rick on to train if they so desire,” explained an anonymous source with knowledge of the budget, but who was not authorized to discuss it. “If they don’t keep him on, then the county has at least a little give in the budget that could be used to replace the hole created when it funded the trapper.”
The board unanimously voted Nov. 23 to approve an estimated $120,000 in the budget to fund a trapper even though Auditor Darcy Locken told the supervisors there was no money in the county coffers to pay for the contracted position.
In October Asst. CAO Pam Randall told the Modoc Independent News that a panel to include board representation will probably be formed to review applicants for the CAO position, and that no decision had been made as to Rudometkin’s serving on the panel.
“There will probably be a panel to review applications, but we will wait until the new board is sworn in,” Randall said. “We want it to be fair and unbiased. It has not been decided if Rudometkin will be on the panel.”
To date no panel has been formed, leaving Rudometkin, who was hired by the out-going board even though he could produce no qualifications for the position, in doubt as to his influence in who replaces him.
Randall did not respond to e-mail media queries seeking comment on the line item in the budget.
Meanwhile the Monday Night Group has repeated its stance that the board should hire an interim chief administrative officer to perform the unpopular task of putting the county’s finances in order before hiring a permanent administrator.
The county’s recruitment requirements for a new CAO include professional experience that exceeds the resume and work history that Rudometkin produced under pressure from the First Amendment Coalition, which successfully used the California Public Records Act in obtaining his personnel records.
-- Ray A. March
Budget Provides For “Training”
As revealed at a recent meeting of Modoc County department heads, Chief Administrative Officer Rick Rudometkin may well remain on the scene for months after the Board of Supervisors hires his replacement.
That possibility is evident in a relatively obscure line item of the county budget covering the last six months of the current fiscal year -- a budget recently approved by the lame duck board.
In effect, the budget provides for Rudometkin to be paid nearly $62,000, including benefits, to train a new CAO, who will simultaneously receive $99,000 in salary and benefits for the same January through June period.
The only way for the budget item to be changed is if the in-coming Board of Supervisors rescinds it after Jan. 3.
“The current board has given the new board the option of keeping Rick on to train if they so desire,” explained an anonymous source with knowledge of the budget, but who was not authorized to discuss it. “If they don’t keep him on, then the county has at least a little give in the budget that could be used to replace the hole created when it funded the trapper.”
The board unanimously voted Nov. 23 to approve an estimated $120,000 in the budget to fund a trapper even though Auditor Darcy Locken told the supervisors there was no money in the county coffers to pay for the contracted position.
In October Asst. CAO Pam Randall told the Modoc Independent News that a panel to include board representation will probably be formed to review applicants for the CAO position, and that no decision had been made as to Rudometkin’s serving on the panel.
“There will probably be a panel to review applications, but we will wait until the new board is sworn in,” Randall said. “We want it to be fair and unbiased. It has not been decided if Rudometkin will be on the panel.”
To date no panel has been formed, leaving Rudometkin, who was hired by the out-going board even though he could produce no qualifications for the position, in doubt as to his influence in who replaces him.
Randall did not respond to e-mail media queries seeking comment on the line item in the budget.
Meanwhile the Monday Night Group has repeated its stance that the board should hire an interim chief administrative officer to perform the unpopular task of putting the county’s finances in order before hiring a permanent administrator.
The county’s recruitment requirements for a new CAO include professional experience that exceeds the resume and work history that Rudometkin produced under pressure from the First Amendment Coalition, which successfully used the California Public Records Act in obtaining his personnel records.
-- Ray A. March
Modoc County Road Wars
Ruby Pipeline’s use of Modoc County roads has provoked public outcry on both sides of the issue, as witnessed in recent comments posted to the Modoc County Daily News Blog.
On one hand citizens are concerned about the deterioration of the roads. On the other they question the right of the county to demand payment from any trucking company that is properly permitted.
Some people say the county is attempting to extort funds from El Paso Corporation for its use of county roadways.
Gene Morris of the county road department responded in an e-mail to the Modoc Independent News (December 2010 issue):
“We at Modoc County Road Department take our duty to preserve and improve the roads in the maintained road system seriously. We respectfully request that all members of the public please keep us informed of road use and conditions so we may better perform our duty.”
This veiled request for whistle blowers underscores the fact that Modoc County officials are taking exception to road use by El Paso Corporation and its contractors despite the fact that there is a road agreement in place and that El Paso has agreed to pay the county $158,000 for use of County Road 1. (See Sat, Nov 27, “Ruby Pipeline Road Use Update“).
In a further attempt to shed more light on the situation the Modoc County Road Department posted the following statement to this blog.
“Modoc County’s agreement with Ruby provides for the use of only certain county roads for heavy truck traffic, specifically Co. Rd. 1 from Nevada State Line to Cedarville, Co. Rd. 6 and Co. Rd. 201.
“The use of any other roads not specifically named, like 15B & 18 for example are not covered by our agreement for this type of use.
“Use of these roads by Ruby LLC or any of their contractors or sub-contractors, which include local trucking that supply material like Lake City pit gravel to the Ruby Pipeline are not covered by our agreement and damage to those roads by Ruby, its affiliates or local vendors for that matter may require to be repaired at the expense of the tax payers of Modoc County. Any inquiries regarding this are welcome and may be made by calling the Modoc County Road Department.”
Again, this implies that Ruby, after obtaining proper road use permits, is doing something wrong. Logic would beg the obvious question.
If a local trucker hauls gravel out of a local pit, how much road use is too much? Is Modoc County using El Paso’s heavy road use as an excuse to coerce funds from a project that has a multi-million dollar budget?
Modoc County Daily News sources commenting on this blog assert that the county road department is demanding that El Paso use County Rd 1 and that El Paso pay the county $2.5 million for the privilege.
A media query asking the county if it is seeking more money from El Paso has not been answered.
Truck traffic related to hauling gravel from the Lake City pit is apparently no longer an issue. El Paso has ignored Modoc County and taken its business elsewhere, according to a corporation spokesman.
“El Paso Corporation’s subcontractor, Rockford, is hauling gravel from an existing pit, north of Vya,” said Richard Wheatley of El Paso.
Ruby Pipeline’s use of Modoc County roads has provoked public outcry on both sides of the issue, as witnessed in recent comments posted to the Modoc County Daily News Blog.
On one hand citizens are concerned about the deterioration of the roads. On the other they question the right of the county to demand payment from any trucking company that is properly permitted.
Some people say the county is attempting to extort funds from El Paso Corporation for its use of county roadways.
Gene Morris of the county road department responded in an e-mail to the Modoc Independent News (December 2010 issue):
“We at Modoc County Road Department take our duty to preserve and improve the roads in the maintained road system seriously. We respectfully request that all members of the public please keep us informed of road use and conditions so we may better perform our duty.”
This veiled request for whistle blowers underscores the fact that Modoc County officials are taking exception to road use by El Paso Corporation and its contractors despite the fact that there is a road agreement in place and that El Paso has agreed to pay the county $158,000 for use of County Road 1. (See Sat, Nov 27, “Ruby Pipeline Road Use Update“).
In a further attempt to shed more light on the situation the Modoc County Road Department posted the following statement to this blog.
“Modoc County’s agreement with Ruby provides for the use of only certain county roads for heavy truck traffic, specifically Co. Rd. 1 from Nevada State Line to Cedarville, Co. Rd. 6 and Co. Rd. 201.
“The use of any other roads not specifically named, like 15B & 18 for example are not covered by our agreement for this type of use.
“Use of these roads by Ruby LLC or any of their contractors or sub-contractors, which include local trucking that supply material like Lake City pit gravel to the Ruby Pipeline are not covered by our agreement and damage to those roads by Ruby, its affiliates or local vendors for that matter may require to be repaired at the expense of the tax payers of Modoc County. Any inquiries regarding this are welcome and may be made by calling the Modoc County Road Department.”
Again, this implies that Ruby, after obtaining proper road use permits, is doing something wrong. Logic would beg the obvious question.
If a local trucker hauls gravel out of a local pit, how much road use is too much? Is Modoc County using El Paso’s heavy road use as an excuse to coerce funds from a project that has a multi-million dollar budget?
Modoc County Daily News sources commenting on this blog assert that the county road department is demanding that El Paso use County Rd 1 and that El Paso pay the county $2.5 million for the privilege.
A media query asking the county if it is seeking more money from El Paso has not been answered.
Truck traffic related to hauling gravel from the Lake City pit is apparently no longer an issue. El Paso has ignored Modoc County and taken its business elsewhere, according to a corporation spokesman.
“El Paso Corporation’s subcontractor, Rockford, is hauling gravel from an existing pit, north of Vya,” said Richard Wheatley of El Paso.
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