TRMC Expects to Show Profit Again

Tulare - Operating revenues have outpaced expenses for two consecutive years at Tulare Regional Medical Center, which officials project will generate another $5.5 million in income in the new fiscal year that starts today.

Chief Financial Officer Fred Capozello told the Tulare Local HealthCare District Board on June 23 that the medical center was expected to end the 2009-10 fiscal year June 30 with a positive operating margin of about $4 million. That comes on the heels of a $2.25 million operating balance logged in the 2008-09 year.

The healthcare board adopted the 2010-11 budget Capozello presented in a 5-0 vote. Net revenues were projected at $85.54 million and expenses at $80 million.

“Overall, I believe we're on the right track,” CEO Shawn Bolouki said later. “We've been able to finance from our operations $1.5 million in capital improvements.”

Those include such things as an electronic medical records system and equipment purchases, Bolouki said. The hospital also was able to settle a $2.5 million lawsuit with operations income.

Asked about the cash reserve, he said he has asked his staff for an update on that figure. “It's definitely above $20 million.”

The healthcare district, which experienced operating losses in the fiscal years that ended in 2006, '07 and '08, has taken several steps during the past two years to improve its bottom line. These include outsourcing departments, bringing in a new emergency room team, cutting positions, reducing employee long-term sick pay and opening rural health clinics in Tulare and Kingsburg.

Home Health

In a report from Home Health director Ed Gardner, the board learned the program, which provides services to patients in their homes, is undergoing revitalization and will move today to 793 No. Cherry St., which is the former office of Dr. Cesar Ramos.

The program has served 226 people so far this year, compared with 370 in all of 2009, Gardner reported.

“We now take every referral from Tulare Regional Medical Center,” he said, adding he is looking to re-establish the pattern of referrals from physicians that previously had existed.

Bolouki explained the medical center shifted Home Care resources to get the rural healthcare program up and running in 2008-09 with the intention of later re-evaluating if the home care program should be part of the district's offerings.

After studying the new health care reform legislation and looking at other issues, Gardner was brought in to revitalize the program, he said.

“It does make sense,” Bolouki said.

Gardner said the Home Health program's goals are to develop disease-specific programs for patients with congestive heart failure, renal disease, chronic obstructive pulmonary disease, diabetes and pneumonia. He also said setting up a hospice program and a transitional care unit could be in the program's future.

In other business:

· Bolouki reported an “aggressive” timeline for repairing or replacing the roof on Evolutions Fitness and Wellness Center. He said he wants to award a contract by Sept. 1 to complete the estimated eight-week project before the rainy season.

· Mike McGuire, expansion project manager, said the initial phase of remodeling the first floor of the hospital will include painting and replacing flooring and signs for a cost of about $257,000. Asbestos removal and improvements to the nursing station will be addressed in other contracts.

· A representative of Andreini Health Insurance said the medical center has realized an overall savings of about $1.85 million since signing a contract with his company two years ago. The savings have not had an adverse impact on employees, he said.

· Kluger Architects presented the board with exhibits of materials that will be used in the interior of the first-floor remodel and in the expansion project.

Project manager Tina Go said the colors, mostly neutrals with a splash of bolder colors, were chosen so patients “feel like they're going to a wellness hotel.”

The medical center had been working with another company but discontinued that relationship for a number of reasons and refused to pay a $50,000 bill, Bolouki said.

Materials proposed by that company were installed in certain areas of the medical center on a trial basis but glues and finishes did not hold up well, he said.

The company's California interior designer also left and her replacement is based in Dallas, which made it difficult to work in a timely manner, he said.

“Dallas to Tulare is not going to work,” he said. “Los Angeles is a two hour drive.”

---

Judge Still Enjoys Job after 30 Years

Tulare - Tulare County Superior Court Judge Walter Gorelick has seen significant changes in the judicial system in his three decades on the bench but one thing has not changed. He still enjoys the work.

Gorelick, 65, who became a judge in what was then the Tulare-Pixley Municipal Court in May 1980, is now the senior sitting judge in Tulare County Superior Court and, because he likes his job and his health is good, he said he has no timetable for retirement.

“I enjoy law not only because it's intellectually stimulating, but because I enjoy working with people in general and with people coming through the system,” he said.

Because his courtroom handles misdemeanor cases – less serious than felonies which can result in prison terms – Gorelick said the opportunity exists to positively impact defendants' lives.

“The system is not perfect but we can help people —at least some of them –and point them in the right direction,” he said. There are a lot of good people who've made a mistake in judgment.”

The legal profession also has “some wonderful people” with whom he also enjoys working, he said.

Gorelick is still based at the Tulare courthouse, although he recently spent several weeks in Visalia and Porterville, presiding over a variety of criminal, civil and drug court cases.

Times Change

Much has changed since he arrived in Tulare County fresh out of law school in the early 1970s, when many communities, including Tulare and Pixley, still had a justice court.

“In the early 1970s in those small courts you didn't have to be an attorney to be a judge,” Gorelick recalled.

That changed with a California Supreme Court ruling that led to the eventual elimination of justice courts. In Tulare, that court was replaced with a municipal court, which continued as such until all the courts were consolidated into the Superior Court system in the early 2000s.

When he looks around today at the people working in the court system, Gorelick said he sees more ethnic and gender diversity than when he first arrived and found only two women and few minorities practicing law.

“I think it's a positive thing, because people see the system has opportunities for all people,” he said.

Courthouse security is another area where dramatic changes have occurred. Metal detectors, security check points and other features have been installed to help keep employees and visitors safe.

“When I started 30 years ago [as a judge], we didn't even handcuff every prisoner who came into the court,” Gorelick said.

“The level of violence has gone up over the years; the level of gang activity has gone up,” he said, explaining why more security is needed.

The court system today also has more tools to help defendants who have alcohol, drug, mental health and anger management problems.

“These programs shouldn't be looked at as a panacea to resolve society's problems, but some people are helped,” Gorelick said.

Laws have become “a lot more complicated,” Gorelick said, noting another change he has seen over the years.

They are stricter and hold people more accountable, which is a positive thing, but “to enforce and put them into effect, you have to spend more time on them and we have to have adequate resources” such as police and probation officers, he said. “If there's a weak link in the chain, it affects the whole operation.”

Gorelick has grappled with the increasing complexities of the law not only on the bench, but as an author of several legal books as well.

“Because of these changes in the laws and the complexity in the law, these books keep getting bigger and bigger,” Gorelick said.

His “Summary of California Criminal Evidence and Trial Cases” has grown to two volumes, about 1,200 pages. What started out years ago as a pamphlet about driving under the influence cases also has evolved into a two-volume book.

“The only thing that's saved me is the computer,” Gorelick said with a laugh. “When I first started, I used a typewriter.”

Educator Judge

Gorelick not only shares his legal knowledge through his books and articles he has written on criminal law topics, but he said he likes guiding new attorneys who are often assigned to the less serious cases that come before the court. Certified as a criminal law specialist in 1977, he also has spoken to various attorney groups in California on a variety of topics.

“I enjoy doing that,” Gorelick said. “My mother was a professor – an educator – and also an author. Maybe I inherited some of that from her.”

The teaching side of Gorelick is evident during jury selection in his courtroom. Many Tulare residents can testify that he takes time to make sure prospective jurors understand the questions they are asked and also what is happening in the courtroom.

Gorelick also will make sure defendants understand what is happening, a practice he acknowledges has sometimes perturbed attorneys because it takes more time.

“My feeling is their client is entitled to know why I'm doing what I'm doing to some extent,” he said.

When he speaks to groups, he tries to clear up misconceptions about court operations and also on the rights of victims to such things as restitution and information about their cases, he said.

“When people understand how the system works, I think they feel more positive about it,” he said. “I think one of my responsibilities as a public official is to help people try to understand how the system works.”

Prior to becoming a judge, Gorelick was the county's chief public defender. The Los Angeles native is a graduate of the Golden Gate Law School and the University of California at Los Angeles. His latest book deals with the handling of domestic violence cases.

---

Fireworks Show Saturday; Patrols Planned for July 4

Tulare - Tulare will enjoy its 45th annual fireworks show on Saturday, thanks to businesses and individuals who are helping the Kiwanis Club of Tulare pay for the event.

Gates will open at 6 p.m. at the Tulare County Fairgrounds and the fireworks will begin shortly after dark. Admission is $5 and children under 6 years old are free.

“Businesses and citizens really stepped up to the plate in sponsorships and donations,” show Chairwoman Patty Rocha said.

Rocha announced in March that costs were escalating about 10 percent annually for the event, while sponsorships were dwindling, a combination that was threatening the viability of this year's show.

The cost of the show has climbed to about $36,000 with $20,000 of that going for fireworks alone, she said, reporting that the Kiwanis Club has had to kick-in $6,000 to $8,000 annually to cover costs.

“Our intent is not to make the fireworks a fund raiser,” Rocha said in announcing that this year's show is a go. “We just simply need to be able to pay for the event through donations in order to continue this traditional event.”

Fireworks Patrols

As they have done in the past, Tulare police, fire and code enforcement officers will “saturate the city” on the Fourth of July, fire investigator Frank Furtaw said.
“We'll be on the hunt for anybody using dangerous or altered fireworks,” Furtaw said.

Year after year officials come across people in all areas of the community who are using illegal fireworks or Safe and Sane fireworks that they have altered.

“If it flies in the air or goes 'bang,' you can't have it,” Furtaw said.

The illegal fireworks pose not only a fire risk but can lead to serious injuries to the users, he said.

“A lot of these people who are making these [illegal] fireworks are as old as my own children. They're grade school kids making them in factories,” he said.

A few years ago in Dinuba two people were injured in separate incidents involving Roman Candles, he said, reporting one lost his finger.

He urged the public not to buy fireworks from people selling them out of the backs of their vehicles, because they are probably dangerous, and to call police or code enforcement officers instead.

Furtaw said he really cannot understand why parents allow their children to use the illegal fireworks.

“For 364 days of the year we will scold our children for playing with matches and other fire devices and then one day a year we give them full permission to play with pyrotechnic materials,” he said.

Possession of illegal fireworks carries a $100 fine and possession, selling or using M-80s or cherry bomb-type devices or altering legal fireworks like sparklers or Piccolo Pete's is a felony, which can result in much stiffer penalties.

Legal Fireworks

The city is allowing 17 licensed non-profit groups to sell Safe & Sane fireworks from 9 a.m. to 11 p.m. through Tuesday.

The non-profits and their locations are as follows:
· Tulare Baseball Association, 1110 East Tulare Ave.
· Tulare Host Lions, 1645 East Tulare Ave.
· Tulare Elks Lodge, 503 West Bardsley Ave.
· Tulare Firefighters Association, 869-1079 East Prosperity Ave.
· Tulare Police Benefit Association, 1531 North Hillman St.
· Tulare Youth Football, 133 North J St.
· Sunrise Community Church, 100 East Cross Ave.
· Tulare First Assembly of God Church, 2101 East Cross Ave.
· Valley Christian Church, 1949 East Prosperity Ave.
· Tulare Youth Athletic Association, 2959 North M St.
· AMVETS Post 56, 1771 East Tulare Ave.
· American Legion Post 15, 772 West Inyo Ave.
· Bethel Assembly of God, 1200 North Cherry St.
· Tulare County Cabrillo Club No. 12, 1110 East Prosperity Ave.
· First Pentecostal Church, 2201 East Bardsley Ave.
· Mt. Zion Temple Church, 115 South West St.
· Tulare-Angrense Athletic Club, 1543 East Bardsley Ave.

---

Racetrack EIR Deadline Passes

Tulare - As the June 30 deadline loomed for the Tulare Motor Sports Complex developer to repay the $1.06 million he owes the city for its environmental impact report (EIR), at least two City Council members indicated they were open to extending the deadline rather than filing a lawsuit.

The council was scheduled to get an update on its options from Tim Sabo — the city's attorney — at a special meeting Tuesday to discuss its 2010-11 budget. (The meeting was held after the Tulare Voice's Monday deadline.)

“We will talk about a plan of action,” City Manager Darrel Pyle said.

The Nov. 3 agreement between the city and Tulare Motor Sport Complex, L.P. indicates the developer must pay the cost of the EIR and agreed upon legal costs when the first building permit is issued but no later than June 30 or “as mutually extended.”

James Bancroft, one of the partners in the project, said late last week: “People have made statements that there is a deadline but the agreement's intent was that the money would be paid when the building permits were pulled. No one thought securing funding for the project would take this long,” Bancroft said.

He reported “hopeful news” on the financing front but said, “I can't give you a funding schedule yet.”

Councilman Richard Ortega said he wants to hear Sabo's report but was inclined to extend the deadline.

“They've come too far; we've come too far,” he said. “If they say it may be another 35 or 45 days, I thing we need to go along with it [the extension].”

What good would filing a lawsuit do, “if it would hurt the possibility of them getting funding?” Ortega said.

He also said there is a “chicken and egg” problem in that the developers have to have all their entitlements but they don't.

Noticeable lacking is an agreement with the International Agri-Center to sell the more than 600 acres it owns for the project.

Talks between the developers and the Agri-Center broke off after the developer deposited $500,000 in an escrow, but then didn't meet the deadline for paying the remainder because of lack of funding.

Agri-Center general manager Jerry Sinift said Agri-Center officials haven't talked with the developer at all in past six months.

Vice Mayor Phil Vandegrift said last week he understood there's been progress in the funding area.

“I just don't know the details,” he said. “I don't want all the private contracts jeopardized by some action I take. The farm show and other people have a lot at stake.”

He's waiting to hear the words “it's not going to happen” from Sabo or the developer before taking a drastic step such has filing a lawsuit.

“If there's a real finish line in site, I don't want to crash the car,” Vandegrift said. “I want Tulare to be made whole and I want the project to happen.”

When contacted, Mayor Craig Vejvoda said he was looking forward to hearing what Sabo had to say about the project.

“I certainly have an open mind about that,” he said.

Councilmembers David Macedo and Wayne Ross have consistently opposed the racetrack project and are unlikely to favor an extension.

---