Grand Jury Final Report 2018

Recommendations 33

• R1
  The Grand Jury found at least one instance of inaccurate public noticing of MLT Board meetings and as such a violation of the Brown Act.
• R2
  The MLT Board has not adopted requirements for its members to receive either Brown Act or Ethics Training.
• R3
  Based on our inquiries and interview of the Board Chairman regarding the negotiations for air service, it was represented in the interview, that there is now a better definition of the responsibilities and expenditure authority of key MLT Staff, based on recently adopted guidelines. However, there still appears to be a lack of transparency and communication between the Executive Director, the Board and the public at large. It was represented that the Board is not provided any information regarding the actual contract.
• R4
  Although not involved in the contract or negotiation of the contract to secure air service to Mammoth Lakes, MLT has committed to subsidizing those services on behalf of the Town. The actual negotiations are performed by Mammoth Mountain Ski Area, a private company. Recommendations:
• R5
  That all staff and Board members of MLT be required to receive regular Brown Act and Ethics training.
• R6
  That the Executive Director provide written updates to all MLT Board members on a monthly basis, or more often as circumstances dictate, of ongoing negotiations, decisions and issues.
• R7
  In addition to the MLT Executive Director, that at least one Board member be involved in any negotiation that would result in a financial obligation above $10,000 to MLT, even if MLT is not a signatory to said agreement.
• R8
  Any action that results in a financial obligation by MLT, based on a contract negotiated by others, must include a copy of said contract as part of the public record. Mono County Grand Jury Final Report for the Year 2017 – 2018 Investigation #2 Mono County Jail Final Report by Grand Jury Investigative Committee Analysis: Penal Code Section 919 (b) requires that the Grand Jury annually inquire into the condition and management of the public prisons within the county. Methodology: To comply with that requirement, two members of the 2017-2018 Grand Jury visited the Bridgeport Mono County Jail, and interviewed a number of staff including the lieutenant in charge of the jail and the Sheriff.
• R9
  The Grand Jury found that the Jail appeared clean and well maintained.
• R10
  The Grand Jury found the food service area and process with inmate kitchen help seemed organized well for all.
• R11
  While limited by space, the jail has made good use of what they have. o The facility must maintain areas to separate men, women, children, intoxicated or under the influence and those who must be assessed for the competency/ability to stand trial, as well as long and short term inmates and those of lesser vs. higher agitated crimes. ▪ At the time of the Grand Jury visit, there were 28 prisoners being held, of which 3 were female, 1 was in detox and 1 in assessment. Also, of the 28 prisoners, more than 80% were not Mono County residents.
• R12
  At the time of the Grand Jury visit, the jail was slightly understaffed, and in the process of filling positions, which are in the current budget.
• R13
  This facility houses both short-term inmates waiting trial or other processing as well as long-term inmates. o The long-term inmates are those who request to serve their time in Mono County Jail and are approved, for periods of up to 7 years. They do not accept those who have served sentences prior in a penitentiary or who have a history of agitated crimes or actions.
• R14
  The Sheriff, Lieutenant and staff we interacted with were very forthright and showed enthusiasm and pride in their facility.
• R15
  We were advised that all staff, including dispatch are ‘hybrid’ positions; able to carry a firearm and oversee inmates, not just dispatch. They also switched duties every 4 hours to ensure alertness
• R16
  The prison control room also acts as the dispatch for all 911 Emergency Calls, Fire, Search and Rescue, Sheriff and Police.
• R17
  Approval for a new facility has happened and it is anticipated in the next 5 years, approximately.
• R18
  Inmate medical and medical transport needs were an area of discussion. The jail is equidistant between Mammoth and South Carson Medical Center. o They no longer have a contract with the Mammoth Hospital for medical services. They do work with the local Indian Tribe medical facility. 7 o They cannot helicopter serious injuries out due to weight and the need for an armed officer to go with them o They drive to Carson Valley Medical for mid-level needs, but inmates with cardiac or other serious problems must be taken further; to Reno. Recommendations:
• R19
  That they continue to work toward filling positions that are in the budget
• R20
  That they oversee and have input on the future facility from an operational standpoint
• R21
  That they continue to seek a timelier, more prudent solution to emergency medical transportation needs. Mono County Grand Jury Final Report for the Year 2017 – 2018 Investigation #3 – Inspection of Backflow Preventers/Cross Connection Devices Final Report by Grand Jury Investigative Committee Analysis: A complaint letter was received by the Grand Jury regarding the annual requirement to inspect backflow/cross connection devices. The complainant believed that he did not need a backflow preventer on his property and that MCWD was therefore imposing a State regulation that did not apply to his circumstance. Methodology: The Committee reviewed state and local laws and ordinances and spoke with MCWD representatives.
• R22
  Verified nor audited AmeriGas’s financial records to determine the accuracy of the 2% franchise fee, nor has TOML maintained on an annual basis a record of the methods of calculation of the franchise fee.
• R23
  Ensured that the access fee imposed for pipeline use, and adjusted every 3 years, is the same for all suppliers who access the pipeline and that the fee shall not exceed the cost AmeriGas attributes to its own use.
• R24
  Reviewed and/or verified the Capital Recovery Analysis (CRA) to justify the continued charge of 32 cents per gallon. The CRA was levied to offset Rock Creek Energy’s initial costs of system construction and maintenance.
• R25
  Ensured that AmeriGas submit an Emergency Response Plan on an annual basis. 10
• R26
  Required AmeriGas to provide updated as-built plans for utility lines they acquired during their purchase of the infrastructure.
• R27
  Required AmeriGas to annually submit changes to plans and/or reports of their inventory of facilities to the Town Engineer.
• R28
  Considered whether the Agreement has unfairly had an impact on competition for propane services, or whether the Agreement has had a negative impact on consumer interests. Recommendations: Based upon our review of the Agreement and information gathered for this investigation, the Grand Jury recommends the following:
• R29
  The Town audit AmeriGas to ensure the proper calculation of the 2% franchise fee.
• R30
  The Town notice and hold the appropriate hearing(s) to determine whether to re-negotiate or modify the Franchise Agreement, on terms designed to protect the Town’s citizens from a disruption of adequate propane service including noticing of rate changes.
• R31
  The Town take provisions to ensure the health and safety of the citizens of Mammoth Lakes, and the various properties within or adjacent to the Town’s jurisdictions and/or any other authorized remedies along with promoting competition.
• R32
  The TOML shall monitor and enforce all terms of the Franchise Agreement as outlined in the
• R33
  The TOML Accounts Payable / Finance Department shall refine its record keeping system so as to better monitor invoices, bills and contracts to ensure that it acts in the best interest of the businesses, residents and property owners within the town of Mammoth Lakes. Mono County Grand Jury Final Report for the Year 2017 – 2018 Investigation #5 Town of Mammoth Lakes Propane Billings Final Report by Grand Jury Investigative Committee Analysis: Reference Numerous citizen complaints have arisen over the last several years that AmeriGas, one of the two propane providers to the community of Mammoth Lakes, is increasing propane rates, contrary to the terms and provisions of existing written agreements between AmeriGas and those citizens and/or HOA’s all while asserting its compliance with such agreements. The Grand Jury has examined billings from AmeriGas to the Town of Mammoth Lakes from several Town facilities to see what TOML was paying for its propane. Methodology: AmeriGas invoices to TOML for five Town owned facilities were requested. The invoice periods were not specified except to cover at least four seasons. TOML staff remitted to the Grand Jury invoice statements for the period of 7/2016 through 2/2018 but stated that they could not locate some invoices. Consequently, Grand Jury members directly contacted the local AmeriGas office to acquire the missing invoices, with limited success. Billing rates in cost per gallon paid by TOML to AmeriGas are included in the Table below. In addition, cost per gallon paid by TOML to Eastern Sierra Propane for the Lake Mary at Lakeview Road intersection is included for comparative purposes. Blank spaces represent missing invoices or times of the year when deliveries may not have occurred.