MLR: It’s official

Mammoth Lakes Recreation (MLR), a non-governmental organization created this year to outsource some of the current functions of the Town of Mammoth Lakes’ Municipal Recreation, created an official governing board in the Mammoth Lakes Tourism conference room on Monday afternoon.

Members of the MLR Formation Committee became members of the MLR Transition Board, with Danna Stroud acting as Chair, Mayor Rick Wood acting as Secretary, and Mayor Pro-Tem Jo Bacon acting as Treasurer.

The Transition Board addressed several questions about the role of MLR, as well as a transition that will include the dissolution of the Mammoth Lakes Trails System Coordinating Committee (MLTSCC) and Measure U Committee.

Clear answers were scarce.

The Board first addressed the unresolved issue of conflict of interest. As Town Manager Dan Holler explained, “Under the State Fair Political Practices Commission (FPPC), certain bodies can be considered public, even if they are otherwise private … this can place different conflict of interest [restrictions] than you would have for Town government, for instance,” he said.

Town Attorney Andy Morris clarified that “generally, you’re dealing with financial conflicts of interest.”

For instance, a member of both the MLR and Town Council would potentially have to recuse themselves from any vote on Town contracts with MLR.

Morris said the Town is waiting on a recommendation from the FPPC to determine whether MLR will have to create a conflict of interest policy to prevent such issues.

The MLR Board also considered how to finance its off-the-ground fees prior to a contract negotiated between the Town and the Board that would provide MLR with Measure R funding for overhead.

“We have no money,” observed Chair Dana Stroud. “We are a corporation with no funding.”

“We have funding, we just don’t have it in the bank,” replied Mayor Rick Wood.

“Right now, [the Board] would have to raise funding,” Holler clarified. He added that the amount of money needed for filing for nonprofit status, and other small startup costs, would only come to about $1,000.

MLR will rely on donations from its members to raise that $1,000, Holler said.

MLR will eventually use a projected 15-20 percent of Measure R funding to cover overhead. This includes the position of Executive Director, projected to cost between $90,000-$110,000.

MLR will recommend allocations for the remainder of Measure R funds in a public process, with Council approving the allocations. MLR will also become the recommending body for the Measure U fund allocations.

This transition of responsibility from the Recreation Commission and Measure U Committee to MLR raised concerns that some projects would not receive the funding promised them in prior agreements, and that other projects might simply fall through the cracks.

MLR Board members Teri Stehlik and Jo Bacon reported on their efforts to determine which projects formerly under the purview of MLTSCC should not be lost in the transition. MLTSCC received Measure R funding from the Town three years ago, to the tune of $300,000 per year for the next five years.

The two considered projects under contract, reserves for various projects, and prior year allocations that have not yet been spent.

“There’s a lot of money set aside for projects, sometimes over several years,” said Bacon. “We did determine projects that could not lapse.” She cited the Sherwins Area Recreation Plan (SHARP) NEPA environmental review, Mammoth Lakes Trail System (MLTS) website, and MLTS Stewards/Summer of Stewardship with Friends of the Inyo.

The Town has an ongoing three year contract for the SHARP cost share of $152,072; a one-year contract for web operations and maintenance of $23,920; and for at least one Trail Days with Friends of the Inyo for $1,086.

MLR Board members were expressing concern about ensuring this funding would continue because, according to MLR discussions, the MLTSCC will soon be dissolved. However, when MLTSCC Program Administrator Steve Speidel asked whether MLTSCC has officially been dissolved, Jo Bacon only replied that “it was inferred.”

How Town Council can merely imply, without either approving or disapproving, was unclear.

“I can’t write a staff report that says ‘inferred,’” Speidel argued.

“You can write a staff report based upon what we approved,” retorted Mayor Wood.

Holler quickly stepped in to assure Speidel that there would be a formal Town Council action to dissolve MLTSCC, most likely at the June 18 meeting.

Given this assurance, Chair Stroud wondered who would be keeping an eye on projects once the MLTSCC is dissolved; “Who in the interim is watching out?” she asked.

“The Town has that,” Holler replied.

“I’d like to see MLR move into that June 5 [after the June 4 MLTSCC meeting], if you will, and be good to go,” Stroud replied.

“You’re not an appointed body by Council to serve to that,” said Holler.

He added that MLTSCC issues could potentially go to the Recreation Commission in the interim.

But audience member Sandy Hogan worried that while previously approved projects like the SHARP NEPA will get funding, the Lakes Basin early opening “is an example of something that might fall through the cracks. It’s not under contract; it’s not finalized. Those are the kinds of things I’m worried about,” she said.

Audience member John Wentworth suggested that the MLR Board should receive updates from these projects’ contractors.

And, “Don’t forget,” added Bacon, “there are contractors under R and U we haven’t even dealt with, either.”

The next MLR Board meeting to discuss these and other issues will be on June 9, location TBD.