From left, Supervisors Anthony Farrington, Rob Brown and Jim Comstock take the oath of office Tuesday from County Clerk Pam Cochrane. Photo by Elizabeth Larson.

LAKEPORT – An important changing of the guard took place Tuesday, when retiring District 1 Supervisor Ed Robey said farewell to his colleagues and stood down as his successor, James Comstock, took his place on the dais.

The Board of Supervisors chambers at the Lake County Courthouse was packed for the swearing in of Comstock and reelected board members Rob Brown and Anthony Farrington.

For Robey it was an emotional day, as he was commended and congratulated by local, state and federal leaders.

Starting out the round of remarks was Brown. “It has been quite an honor to work with Ed.”

While he and Robey's politics may be different, Brown said they agree on about 95 percent of the issues they've discussed. “For him to be wrong only 5 percent of the time is really not that bad,” joked Brown.

Recalling a favorite Robey moment, Brown described a discussion in recent years on a marijuana grant, during which a member of the public asked board members if they had ever smoked marijuana.

Brown said he said he had tried smoking hash but couldn't keep the corned beef lit. Robey's response was quite different. “Ed stated that he never exhaled,” said Brown.

Joking aside, Brown honored Robey for doing what he believed was right. “When you vote with your heart like Ed does, you can never be wrong on your vote.”

Robey has put his brand on the county during his 12 years as supervisor, so Brown gave him a buffalo hide with a map of Lake County on it.

But Brown couldn't resist a barb about Robey's legendarily overcrowded office, saying he stole a map off of Robey's wall months ago to help design the buffalo hide – “and he never even noticed it.”

Brad Onorato, district representative for Congressman Mike Thompson, presented Robey with a Congressional Record statement that he said Thompson planned to read into the record on Tuesday afternoon after his own swearing in. Thompson was reelected in November.

Thompson's statement noted Robey's “illustrious career” in public service, his sense of humor and superior accessibility to his constituents.

The true test of any public official is if his constituents are better off when he retires than they were when he took office, according to Thompson's statement. “This is unquestionably the case of Supervisor Robey,” said Onorato, quoting the statement, adding that he was a “model of dignified and effective public service.”

Outgoing Supervisor Ed Robey (left) receives a statement read into the Congressional Record by Congressman Mike Thompson from Brad Onorato, Thompson's district representative. Photo by Elizabeth Larson.

State Sen. Patricia Wiggins and Assemblyman Wes Chesbro also sent representatives carrying a framed joint resolution congratulating Robey.

Tom Jordan, executive director of First 5 Lake County offered Robey a bagful of goodies, including children's books, hand puppets, face crayons, tattoo stickers and a toothbrush. Later in the day Robey would volunteer to serve as a member at-large on the First 5 Commission, which he has served on in the past.

Robey's vice chair, Denise Rushing, told Robey, “I, for one, will really miss you ad I appreciate the work you've done here.”

If people in the future sing songs of gratitude for what was preserved by the county's leaders, Rushing said they'll be thanking Robey.

Farrington said he gave Robey a clock at his Dec. 13 retirement party, thanking him for leaving the county better than he found it. “We did not inherit Lake County from our grandparents, we borrowed it from our grandchildren,” said Farrington, quoting a proverb.

Supervisor Jeff Smith said he and Robey have known each other a long time, even before they were on the board together.

They haven't always seen eye to eye, but they've remained friends, said Smith. “We may disagree in the chambers but we leave and put that behind us and go on to the next item.”

Smith said he planned to keep Robey busy on commissions and activities around the district. Robey replied that he plans to stay involved.

In his farewell comments, Robey offered praise, thanks and advice for the future.

“The job of supervisor is unpredictable and you never know what's going to happen,” he said.

Robey said it's been a great honor to serve the county, and he thanked the citizens who trusted him to represent them – even those who didn't always agree. Seeing Mike Salter in the audience, Robey recalled being at a meeting where he was trying to listen to everyone and looking out to see Salter saying, “Waffle, waffle, waffle.”

County staff, particularly county Chief Admnistrative Officer Kelly Cox, received Robey's thanks. The county's team of staff make it all possible, he said. While the supervisors get the credit or blame, the staff does most of the work.

Of his relationships with other board members, Robey noted, “It's really important to form good working relationships based on respect and trust and understanding.” That, he added, is how you get things done.

Robey credited his planning commissioners, Frieda Camotta and Monica Rosenthal, for their dedication and important service. He also thanked other elected officials on all levels he's worked with, including Thompson.

Board members Anthony Farrington and Jeff Smith thank Robey (right) for his service. Photo by Elizabeth Larson.

“Mike has become the role model for how a good elected official serves his constituents,” said Robey.

He recalled how at the time Pacific Gas and Electric was divesting itself of it power plants, geothermal royalties – which are very important to the county budget – were disappearing. Robey brought it to Thompson's attention, and within two months public hearings were under way. The royalties eventually were reinstated.

“It was amazing. I didn't think the federal government could work that fast,” Robey said.

Robey said the first thing he learned is that he didn't know as much as he thought he did. “Sometimes when you get elected you think you know it all, and you never do.”

He said it's important to be able to see issues from more than one point of view.

Good decisions result from good information and good deciders, said Robey. A good board works together to openly debate and discuss the various sides of an issue, doesn't indulge in petty politics and seriously tackles the business of making the county better.

“I've had the privilege of working with a good board,” said Robey, his voice breaking.

The county is still fortunate to have clean air and clean watersheds, he said. “We need to learn from the mistakes of other areas that grew beyond their ability of their natural systems to be sustainable.”

He added, “We need to ask ourselves, how big is big enough?” That, he said, includes asking how big the county can grow before it loses the resources that make is special.

“Someday this question is going to become critical,” he said.

Robey remembered a time when the county seemed desperate for any project, but now its residents know better, because it's a special place that can afford to be choosy about the projects it allows. The county should only allow good, smart growth that pays its own way and doesn't require those already here to foot the bill.

The days of speculators coming to the county, buying land and then getting county planning changes to support their plan are gone, said Robey. “We've had enough of that and I think we're smarter now.”

Robey ended by saying the county has a good government and board. “I can feel happy as I move on know that, and knowing that we've come a long way and learned a lot.”

He then stepped down from the dais and County Clerk Pam Cochrane administered the oath of office to Brown, Comstock and Farrington.

When the new board was seated, it then reorganized its leadership for the coming year. Brown moved to elect Rushing as chair, with Farrington as vice chair, which Smith seconded. The board unanimously approved Rushing and Farrington in those positions.

Board members then appointed their planning commissioners, which will stay the same for the time being, as Comstock said he has not finished his interviews for his commission choice.

Cochrane then administered the oath to the commissioners: District 1, Monica Rosenthal, who remains on the commission until Comstock makes a final decision; District 2, Gary Briggs; District 3, Clelia Baur; District 4, Cliff Swetnam; and District 5, Gil Schoux.

County Clerk Pam Cochrane administered the oath of office to the Lake County Planning Commission: From left, Monica Rosenthal, Cliff Swetnam, Clelia Baur, Gil Schoux and Gary Briggs. Photo by Elizabeth Larson.

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Jerry Gillham underwent surgery recently for three herniated disks, interim City Manager Kevin Burke told the Lakeport City Council at its Tuesday meeting. He's due to have another surgery on his back soon.

The 53-year-old Gillham, a member of the Oregon National Guard, was deployed to Iraq for the second time last summer. But he was sent back to the US in November after suffering a transient ischemic attack – or a TIA, as Lake County News has reported.

The Oregon National Guard has confirmed to Lake County News that the injury was noncombat-related.

Gillham fell a few days after the TIA, which caused him to herniate the disks, according to Burke. He was treated in Iraq and Europe before being transported to a hospital at Fort Lewis, Wash.

Burke told the council Tuesday that the military won't discharge Gillham to come home and return to work until he is fully recovered.

The Lakeport Main Street Association put out a newsletter which included an article on Gillham's injury and questioning if Gillham was returning to Lakeport. Mayor Ron Bertsch had the newsletter with him at the meeting and asked Burke about the accuracy of the report.

Burke said Gillham has indicated he is returning to his job in Lakeport.

“He's pretty optimistic and pretty intent on coming back in August,” said Burke.

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The state Department of Fish and Game announced in late November that Upper Blue Lake, Cache Creek, Indian Valley Reservoir and Pillsbury Reservoir would not be included in the agency's fish stocking program this year, as Lake County News has reported.

On Dec. 9 the board adopted a proclamation declaring a local emergency in response to that decision.

For decades Fish and Game has stocked Indian Valley Reservoir with Kokanee fingerlings, placed brown trout fingerlings in Cache Creek, and catchable rainbow trout in Upper Blue Lake and Lake Pillsbury, according to Stafford Lehr, a senior environmental scientist in Fish and Game's North Central Region.

However, a lawsuit brought in Sacramento Superior Court by the Pacific Rivers Council and the Center for Biological Diversity, caused the fish stocking program to be shut down in certain lakes and reservoirs until Fish and Game completes an environmental impact report.

The suit arose over concerns about the impact of nonnative fish on native fish and amphibians, such as the hardhead minnow, spring- and winter-run chinook salmon, California red-legged frog, arroyo toad and foothill yellow-legged frog, according to court documents.

Concerned over having the program cut off and what it could mean to the county's businesses and to bird life that feeds on the fish, the board passed the resolution in the hope that Fish and Game would reconsider and add local lakes and Cache Creek back on the list of waters to be stocked.

A Fish and Game official told Lake County News that any decision to update the list would need to be approved by the case plaintiffs.

On Tuesday, Greg Giusti, county director for the University of California Cooperative Extension, said that the message got through to the state.

As of Monday, the state had received the resolution and reacted by removing both Indian Valley Reservoir and Lake Pillsbury from the list of lakes that won't be stocked, said Giusti.

“Those lakes are back to status quo,” he said.

Cache Creek and Upper Blue Lake, however, still won't be stocked. Giusti said Upper Blue Lake is the county's highest priority when it comes to the stocking question.

Upper Blue Lake could still be stocked, said Giusti.

Fish and Game is going to conduct surveys of the lake to look for the hardhead minnow and red-legged frog. If the surveys, due to be completed by March, don't find those species there, Fish and Game will recommend to US Fish and Wildlife that Upper Blue Lake be removed from the list.

Giusti said the probability of finding the hardhead minnow in Upper Blue Lake is small.

He added, however, that Cache Creek may never be removed from the list of lakes that won't be stocked because of the red-legged frog.

Supervisor Jim Comstock asked how long the exemption is good for if it's granted. Giusti said it would be a final decision and wouldn't have to be renewed.

County County Anita Grant advised the board that it needed to decide if the current circumstances justified continuing the emergency ordinance, which they did.

Supervisor Rob Brown moved to find that the emergency still existed, a motion seconded by Supervisor Anthony Farrington and approved unanimously by the entire board.

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LAKE COUNTY – The county has paid nearly $1 million back to the federal government after officials say confusion over unclear guidelines for a grant led to the county receiving too much money.

Following a closed session at its Dec. 16 meeting, the Board of Supervisors agreed to a settlement agreement with the US government, acting through the US Attorney's Office for the Northern District of California on behalf of the US Department of Justice's Office of Justice Programs.

As part of the settlement with the government, the county agreed to repay $989,605 in Southwest Border Prosecution Initiative funding that was established in fiscal year 2002, according to the settlement agreement document, obtained by Lake County News.

The document explains that, in 2002, Congress began appropriating funds to reimburse states and local governments for costs associated with prosecuting certain criminal cases declined and referred by the US Attorney's offices.

Between fiscal years 2006 and 2007, Lake County was awarded $1,019,095 for such prosecutions, according to the agreement.

County Counsel Anita Grant said that a number of counties misunderstood the reimbursement claim guidelines, including San Francisco.

“There were more claims for payment than truly were intended to be eligible under the grant purpose,” Grant said of Lake County's case.

An audit of the county's reimbursements, completed by the US Department of Justice's Office of the Attorney General, said Lake County received $989,605 for 264 cases submitted, which weren't allowable because they were not federally initiated.

Jack Gillund, a spokesman for US Attorney Joseph P. Russoniello's office, said six counties had the problems – Lake, Humboldt, San Benito, San Francisco, San Mateo and Siskiyou.

A routine audit conducted by the Office of the Inspector General revealed that San Francisco had not maintained any documentation to support the costs submitted for reimbursement that were associated with the grant, and that its grant submissions were not based on specific cases.

Assistant United States Attorney Ila Deiss, who handled the San Francisco case on behalf of the United States Attorney’s Office, signed the Lake County settlement agreement on behalf of Russoniello.

Grant said the problem came to the county's attention when Chief Administrative Officer Kelly Cox saw a payment come in and realized how out of proportion it was.

Cox said the claims had been filed by the District Attorney's Office.

He said he wasn't aware that the county had even filed for more than $700,000 in reimbursements until he was informed by the sheriff's administrative manager that a check for that amount had been received from the federal government. He said she had been concerned about the entire program and that's when the county began to closely examine the grant and the funds it had received.

“We just knew there was no way we could have been eligible for that much revenue from this program,” he said.

Cox said as soon as the county became aware of the problem, it sent the money back. Most of it had arrived on one large check, which he said was unanticipated revenue. So they sent it back before it was spent, which meant the repayment didn't impact the county's budget.

“We knew that once we sent that check back it would trigger an audit, but so be it – we couldn't keep money that we weren't entitled to receive to begin with,” he said.

The County Administrative Office conducted its own internal audit and determined what needed to be repaid before the federal government arrived to do its audit, said Cox. Once the federal government arrived, Cox said they told his staff the county already had done much of their work for them. That work resulted in the October 2008 audit findings issued by the Office of the Inspector General.

Because the Department of Justice could take the matter to civil court, Grant said it was important to create a settlement agreement.

“This agreement is just essentially memorializing the fact that we've made good,” she said.

Gillund confirmed that it was Lake County that revealed the overpayments. He said the county had paid back more than $700,000 before the agency conducted audits on the grants, and have since paid back the remainder of the overpaid amount.

“We did it all the right way,” Grant said.

District Attorney Jon Hopkins said it rarely happens that the US Attorney's Office comes to local jurisdictions to take over investigations and prosecutions.

“You don't get very many larges cases started by federal agencies here,” he said.

In Lake County's case, it's much more common for his office to prosecute cases brought by the US Forest Service or even the Bureau of Land Management. There also have been cases involving the Federal Bureau of Investigations and the Drug Enforcement Administration.

In those cases, local prosecutors have to check if the US Attorney's Office has declined to prosecute the case or if it's their policy to decline to file in certain situations. “It has to be a case in which someone was incarcerated for a minimal period of time.”

Hopkins said the District Attorney's Office does prosecute a lot of cases involving undocumented aliens who are involved in narcotics trafficking, but in those cases they've usually been caught by local law enforcement.

Hopkins said every county in Northern California is now being audited because of the incorrect interpretations of how to apply for the grant money.

Consultant points to unclear guidelines, government audit of program

In getting to the bottom of the program's apparent problems, the government has pointed the finger at a consultant who helped several counties with the guidelines.

Gillund said all six counties that have been found to have received overpayments had hired Brad Burgess of Public Resource Management Group to handle the grant.

However, Cox and Burgess himself say that the program's guidelines were at the heart of the matter.

Cox confirmed that Burgess and Public Resource Management Group were the first ones that advised the county on the funds' availability and the program.

However, Cox defended Burgess, saying the federal regulations were unclear and could be interpreted different ways – “so I don't think there is really anyone to 'blame' for this.”

He added, “They thought we – and other counties – were eligible for much more of this funding than we actually were.”

In addition, Cox said the District Attorney's Office was no longer contracting with Burgess and Public Resource Management when the main problems with the program occurred, including the claim for $700,000. Burgess has advised them on the first reimbursement claims.

Cox said the County Auditor's Office continues to contract with Burgess and his firm for services. “We're not aware of any problems with any of their other work,” he said.

Burgess now works for MGT of America, which purchased Public Resource Management Group in 2007.

He said when the Southwest Border Prosecution Initiative guidelines came out, they were short and vague, without a lot of specifics. Even the program's manager seemed not to fully understand the program's parameters.

Burgess said he and his employer were contacted by a county interested in the program and asked to learn it along with them. From there, they worked with other counties as well, but he said counties that had problems with the claims included those he worked with as well as many that he didn't.

He said local jurisdictions did their best to interpret the rules and try to adapt them to their own situations.

In Lake County's case, he said he had numerous meetings with county officials including Cox's office, the sheriff, district attorney and various task forces to scrutinize the program, which he said focused primarily on drug-related crimes and prosecutions.

He said the group came to a consensus on what cases they believed would fit, which they would then forward to him to plug into an online application. Burgess explained that the government would send out an e-mail announcing deadlines and he and the county would have to quickly respond or else miss the chance for the funds.

In October, the city and county of San Francisco repaid $5.2 million for funds Russoniello's office said were improperly requested and received through the Department’s Southwest Border Prosecution Initiative from 2004 through 2006.

San Benito County paid back nearly $400,000, according to a Hollister Free Lance report from last month.

Burgess said federal officials have failed to mention that every county they've audited, with or without consultant assistance, has ended up having problems.

In San Francisco's case, Burgess said he was vilified over the grant situation, but decided to hold his tongue, knowing the criticism that comes the way of many consultants.

A San Francisco Chronicle article from October 2008 quoted San Francisco District Attorney Kamala Harris as blaming Burgess for the situation. In the same story, the Chronicle story said that the city and Burgess decided that the city should be reimbursed for 30 percent of all its drug-related prosecutions, which he stated is “absolutely false.”

The shortcomings in the program and its administration were confirmed early in 2008 thanks to an internal audit of the Bureau of Justice Assistance – which administered the grant program – which was completed by the US Department of Justice's Office of the Inspector General.

The audit zeroed in the grant program's flaws – not just poor guidelines but also a lack of oversight and training.

In looking at the audit, Burgess said it offered clearer guidance on the grant reimbursements.

“Once I read it, I was like, where has this been?” he said.

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The dilapidated sea wall behind the Lucerne Motel and Lake Sands Resort pictured in early December. It's being removed by the property's owners, the Affinito family, in preparation for removing the buildings on the property. Photo courtesy of Eric Seely.

LUCERNE – The owners of two lakeside motels are moving forward with the process of demolishing the buildings in the wake of a Board of Supervisors vote last month that promised to take action if the structures didn't come down by spring.

The Lake Sands Resort, located at 6335 E. Highway 20, and the Lucerne Motel, 6339 E. Highway 20, are owned by Dominic Affinito. However, Affinito's son, Robert, said he currently is in charge of the buildings and their demolition, as well as plans to replace them with a new hotel.

Lake County Building Official David Jezek said Friday that a demolition permit had been pulled for the pilings for the buildings' piers.

Jezek said the owners were in the process of doing other “investigation” in preparation for pulling a permit to demolish the buildings themselves.

“I'm doing it in stages,” said Robert Affinito, who lives in Fort Bragg.

Affinito said he started with the piers and docks, which appeared dangerous. “If we have a rough winter I was afraid it might fall into the water and we'd have a real big mess.”

The motels' docks and pier, at right, is in the process of being removed. Pictured in a photo taken in early December by Deputy Redevelopment Director Eric Seely.

He got the permits about two weeks ago and the process seems to be moving along, he said. He said the county is being helpful in the process.

Once the piers are done, the Lucerne Motel, which hangs over the water, will be next.

Code Enforcement Manager Voris Brumfield provided Lake County News with a draft abatement time line for the project, which began when the Affinitos pulled the pier demolition permit late last month.

Brumfield's time line included the information that Jackson Equipment is demolition contractor, with Ralph Curran Co. acting as asbestos contractor for the older buildings.

The first permit, for the docks, piers, landing and sea wall, is under way now, with a 30-day schedule, allowing for winter weather.

Then it would be the Lucerne Motel, with the work to start within a week of the demolition permit being issued. If asbestos is found, the time line calls for halting taking down the building until the asbestos is removed.

The Lucerne Motel is supposed to be down completely by Feb. 1, according to the information provided by Brumfield.

The Lucerne Motel is expected to be demolished first. Photo courtesy of Eric Seely.

On Feb. 1, with the Lucerne Motel down, it would then be time to seek the Lake Sands' demolition permit, with demolition once again required to start within a week of the permit being issued.

The Lake Sands' demolition is required to be completed by March 1, pending winter weather and the completion of the Lucerne Motel project, according to the time line.

Affinito noted that the county “pushed us” into demolishing the buildings. “I didn't understand why until I started looking closer.”

Although he said that no one likes to be forced into doing things, “The reality of it is it needs to be done.”

Affinito now has a designer working on plans for a new hotel, which he said would have 50 to 60 units and accommodate people for more than just one night.

Once the Lucerne Motel is down, the owners will work on demolishing the Lake Sands Resort. Photo courtesy of Eric Seely.

“That's my plan, anyway, and I'm hoping everything falls into position,” Affinito said, adding, “The economy isn't that great right now.”

Specifically, he said he's working with Choice Hotels International on a Mainstay Suites, which is an extended stay hotel, according to the company's Web site. Mainstays usually include studio and one-bedroom suites with fully equipped kitchens.

Affinito said his family gives their thoughts on the project but he's in the lead. “My father just gives me advice and I do what I think is right.”

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The ordinance, approved initially by the board on Dec. 16, would allow dogs to be off leash in certain designated areas of specific county parks as long as the animals are under their owners' control and the owner has a leash for each dog.

If passed, the ordinance would allow dogs to be off the leash in the following signed areas:

– On the east end of the parking lot at Lucerne Harbor Park near the playground area on the beach;

– The signed and fenced area near Lakeshore Drive at Hammond Avenue Park;

– On the beach south of the boat ramp at Keeling Park in Nice;

– On the beach west of the breakwater at the Clearlake Oaks boat launch facility;

– At the west end of the swim area at Lakeside Park in Kelseyville;

– On interior park roads in Middletown County Park Trailside Nature Preserve.

Dogs would still not be allowed at any time on playgrounds, ballfields, grassy areas or beachfronts other than those designated in the new rules.

County Public Services Director Kim Clymire, whose department also oversees Parks and Recreation, told the board last month that the biggest problem in having dogs loose in parks has been cleaning up after them. However, Public Services is prepared to provide doggie bags to address that particular problem.

Horses also are to be added to the ordinance to allow them to be ridden or led in Middletown County Park Trailside Nature Preserve, Clymire noted.

“We have been accused of being a dog-unfriendly county,” said Clymire, because dogs haven't been allowed more opportunities at local parks. But he added that it's not true that the county isn't welcoming to canines.

Supervisor Jeff Smith said a travel book had accused the county of being unfriendly to canines, and because many people travel with their dogs he's glad to see this change.

Referring to the addition of horses to the ordinance, Smith joked, “Will you provide horsey bags, too, or just doggie bags?”

The board unanimously approved the ordinance, which will be heard again on Tuesday. The item is untimed.

In October, the city of Lakeport completed a dog park area at Westside Community Park.

In April of 2007, the Lakeport City Council unanimously passed an ordinance allowing dogs on a leash in the city's parks. Previously dogs had been banned.

Clear Lake State Park on Soda Bay Road reportedly allows dogs on leash in the campgrounds and at non-designated swimming beaches, but not on regular swimming beaches or trails, and they must be cleaned up after, according to the guidelines.

The Sunset Nature Trail Loop in the Mendocino National Forest in Upper Lake also is reported to allow pets on leash as long as owners clean up after them.

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