CASSIA COUNTY COMMISSION REGULAR SESSION Monday, April 30, P a g e

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1 Cassia County Board of Commissioners MEETING MINUTES Cassia County Courthouse Commission Chambers 1459 Overland Ave Room 206 Burley ID :00 AM The Cassia County Board of Commissioners met today at the place and time as posted by agenda pursuant to Idaho Code for Open Meetings Law. AGENDA ITEMS 1) Call to order 2) Pledge of Allegiance and prayer 3) Roll Call. 9:00 AM Present: Tim Darrington - Member, Paul Christensen - Member, Bob Kunau - Chair, Kerry McMurray - Administrator (Not voting), Doug Abenroth - County Attorney (Not voting), Connie Uriguen - Deputy Clerk (Not voting). 4) 9:01 AM Calendar, meetings, and correspondence a. Grant opportunity for FEMA help as presented by IAC. Darrington will see that BID gets that information. b. Darrington desired to donate the generator at Sheriff s Office to the Tech Center and asked Abenroth to prepare what is necessary to accomplish disposal of that property. Abenroth reported Idaho Code (9) provides that the Board can exchange with any political subdivision this item following notice, a resolution, and it is in the public interest. He suggested that be taken care of in the next Board meeting. 10:01 AM Motion and Action: Approve Abenroth to make public notice and prepare a resolution for providing the Tech Center with the Sheriff s Office surplus generator after noting that it is in the public interest for the benefit of students, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. c. Sawtooth National Forest ribbon cutting and open house for new service center in Jerome on 5/15/2018 from 10:00 AM to 4:00 PM d. Correspondence from Josh Bartlome from SISW regarding the solid waste transfer station proposal presented by the City of Burley. 5) 9:08 AM Approval of Clerk s Office recommendations regarding junior college Certificate of Residency Forms 9:08 AM Motion and Action: Approve Clerk s Office recommendations to approve nine junior college Certificate of Residency Forms as presented, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 1 P a g e

2 6) 9:10 AM Personnel Matters (none) 7) 9:25 AM Discuss and consider approval of three Alcoholic Beverage Catering Permits for Morey s Steakhouse a. A verbatim recording is in place to consider these permits. b. Permits for Morey s Steakhouse i. Location - Burley Event Center Washington Ave - for one (1) day on May 5, 2018 from Noon to 1 AM - beer, wine & liquor ii. Location - River's Edge Golf Club E. Hwy 81 - for one (1) day on June 16, 2018 from Noon to 11:59 PM - beer, wine, liquor iii. Location - River's Edge Golf Club 131 E. Hwy 81 - for three (3) days on August 17, 18 & 19 from Noon to 11:59 PM all days - beer, wine, liquor iv. They have been approved appropriately by the Sheriff s Office. 9:27 AM Motion and Action: Approve three Alcoholic Beverage Catering Permits for Morey's Steakhouse for the dates, times, and places as presented, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 8) 9:23 AM Discuss and approve FY2019 Cassia County and Cassia County Road and Bridge budget hearing dates a. The Cassia County Road and Bridge FY2019 Budget hearing is proposed to be at 9:30 AM on Monday, 8/27/2018 b. The Cassia County FY2019 Budget hearing is proposed to be at 9:45 AM on Monday, 8/27/2018 9:29 AM Motion and Action: Approve setting the FY2019 public hearings for the Cassia County Road and Bridge budget for 9:45 AM Monday, 8/27/2018, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9) 9:35 AM Discuss and consider approval of Alcoholic Beverage License for Nostalgia, Inc. 9:35 AM Motion: Going into hearing to consider alcoholic beverage license for Nostalgia, Inc., Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. a. Permit is for Nostalgia, Inc Albion Ave. in Burley Draft, bottled, and canned beer on premises, wine by the glass and by the bottle owners are Russell and Ariel Perley b. The application appeared to be in order. 9:36 AM Motion and Action: Approve Alcoholic Beverage License for Nostalgia, Inc. as presented, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 2 P a g e

3 9:36 AM Motion and Action: Approve exit of hearing for alcoholic beverage license, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 10) 9:40 AM Consider nomination of Doug Pickett as director from Cassia County for the District #3 Animal Damage Control Board a. No others were recommended for consideration for this capacity. b. McMurray said notification should be made to that Board of the nomination. 9:41 AM Motion and Action: Approve nomination of Doug Pickett as director from Cassia County for the District #3 Animal Damage Control Board as presented, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 11) 9:41 AM Review and execute Resolution No Val Darrington Conditional Use Permit CAFO approved needs to be signed a. McMurray said this resolution adopts the recommendations of the Planning and Zoning Commission. b. Darrington should abstain due to a potential conflict of interest. 9:42 AM Motion and Action: Approve Resolution No Conditional Use Permit CAFO for Val Darrington, Moved by Paul Christensen - Member, Seconded by Bob Kunau - Chair. Motion passed. Abstained due to potential conflict of interest: Tim Darrington - Member 12) 9:44 AM Review and execute Resolution No Destruction of Semi-Permanent Records for the Cassia County Clerk s Office approved by Doug Abenroth a. A misprint on the agenda included Resolution No and should have been b. Resolution was reviewed by Abenroth. 9:44 AM Motion and Action: Approve Resolution No Destruction of Semi-Permanent Records for the Cassia County Clerk s Office, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 13) 9:45 AM Discuss and approve quote from Road Solutions, LLC for magnesium chloride for Road and Bridge a. Darrington said this is an affordable means for Road and Bridge to work in conjunction with Blaine County to have Road Solutions drop off our magnesium chloride. b. There is $15, in the Road and Bridge budget according to McMurray. 9:46 AM Motion and Action: Approve Road and Bridge magnesium chloride quote from Road Solutions, Inc. as presented, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 3 P a g e

4 14) 9:46 AM Authorize signature of approval for FEMA funding on project DR-4310-ID-PW for various County Road and Bridge repairs a. Total funding amount is $191, according to McMurray. The Federal amount of 75% is $143, As this exceeds the $123, threshold, we seek reimbursement as we do the work. b. The roads this includes for funding of repairs was enumerated by McMurray and includes costs for gravel crushing. c. This needs the Board s authorization for McMurray s signature as the representative. d. The work we have already done is included in the 25% paid by the County. 9:49 AM Motion and Action: Authorize signature of McMurray for approval for FEMA funding on project DR ID-PW for various County Road and Bridge repairs, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 15) 9:50 AM Authorize signature of approval for FEMA funding on project DR-4310-ID-PW 00063, culvert replacement and repair Sears Lane, Narrows Road and Ward Ranch Road a. The Federal award is $4, As it is less than $123,000, the application just needs to be submitted for payment. b. It requires McMurray s signature and is for specific culvert repairs. 9:50 AM Motion and Action: Authorize signature of McMurray for approval for FEMA funding on project DR ID-PW 00063, culvert replacement and repair Sears Lane, Narrows Road and Ward Ranch Road as presented, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. c. McMurray said this then goes through a process with the State for payment of 60% of the non- Federal share which is $ and the local match is $ d. Darrington stated that all culverts were upsized in that process. 16) 9:54 AM Approve minutes 9:55 AM Motion and Action: Approve minutes from 4/23/2018, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 17) 9:57 AM Approve payables a. Questions were presented about some Road and Bridge purchase categorizations. b. Darrington asked for streamlining of pages of documentation. 9:58 AM Motion and Action: Approve payables dated 4/30/2018, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 4 P a g e

5 UNFINISHED BUSINESS AGENDA ITEMS 18) 9:38 AM County cell phone inventory, purchase, billing, and reimbursement policy follow-up a. Heward asked for discussion with department heads. b. Kunau said this consideration will be talked about to adopt for the next budget year. 19) 10:02 AM CAI Financial and Recording software implementation update c. Deputy Auditors will be on location at CAI s home office in Meridian on Tuesday, 5/1/2018 for an all-day run through of data mapping and training. d. A virtual web server is being implemented on our mainframe server by CAI to facilitate real time sharing of recorded documents for title companies. e. A new proposed contract for TitleOne, First American Title, and Alliance Title is being worked on using other CAI-user agreement formats to be consistent. Two of the three title companies have already consented to bear upfront server implementation and license costs and a more reasonable monthly rate congruent with other counties for access to recorded documents. 20) 10:04 AM Exempt Employee Accrual follow-up a. Abenroth said he did research on the case law on the accrued time for employees. He stated they have a right to it based on the policy in place at the time. b. He recommended if the Board converts accrued time to base pay, that each employee is entitled under the law for their accrued vacation and personal time converted to their salary base pay. c. Kunau expressed concern that salaried exempt employees accrue vacation. d. The Auditor s Office was going to accumulate information on the amounts of accrual for the exempt employees. e. Abenroth said other exempt employees in the State, including judges and other attorneys, also accrue vacation and sick time. Cassia County is not unique in that. SCHEDULED AGENDA ITEMS 21) 9:10 AM Discuss request for involvement of Noxious Weed Supervisor Michael Ottley with the Leadership in Agriculture program f. Ottley explained the Leadership in Agriculture program and asked for support from the Board by a letter for a scholarship. Motel, travel, food, and wages would at County expense. He estimated a $2, expense if he receives the tuition. g. Darrington desired to have County employees come back and report on attendance to Countysponsored trainings and events. h. He said he has been chosen for a leadership role with their Weed and Pest group. i. Christensen questioned comp time accumulation during the training. Kunau was concerned about whether his approved budget would cover expenditures. j. Approval was subject to receiving of grant funding. 9:20 AM Motion and Action: Approve attendance of Ottley to the Leadership in Agriculture program pending approval of the grant, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. k. McMurray will prepare a letter for Ottley regarding their support. He was approved to use the Board members signature stamp. 22) 9:21 AM Discuss and approve Cassia County Emergency Operations Plan documents as approved by the Idaho Office of Emergency Management 5 P a g e

6 l. Warrell said there was a problem with the plan not including what is needed. m. The plan needs to be put on hold until that is clarified. 23) 9:32 AM Discuss application of the Presiding Bishopric for tax exempt status a. Deputy Assessor Mart Adams presented a request of the Church of Jesus Christ of Latter-day Saints for tax exemption. b. Two parcels were presented for exemption and other property was taken out of exempt status. 9:33 AM Motion and Action: Approve tax exempt status for the Presiding Bishopric for parcels as presented, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 24) 10:29 AM Executive Session (for the purpose of discussing indigent matters) 10:29 AM Motion and Action: Enter Executive Session pursuant Idaho Code (1) (d) to consider records that are exempt from public disclosure for the purpose of evaluating indigent recommendations, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). Yes: Tim Darrington - Member, Bob Kunau - Chair, Paul Christensen - Member. 10:43 AM Motion and Action: Approve recommendations of the Social Services Director regarding indigent matters, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 25) 10:57 AM Discuss Advisory Board including but not limited to by-laws and hiring processes a. Citizen Gary Fowler presented the Board with: i. Letters from 2008 from a resident in the Jackson area asking similar questions and expressing the same concerns he has brought forward to the Board, ii. Copy of the Idaho Code of Ethics, iii. Letter from Lan Smith from the Idaho State Advisory Board, and iv. Listing of most of the repeater sites in Cassia County b. He stated that in the 2/26/2018 Board meeting, he brought information forward regarding the Advisory Board request for purchasing of uninterrupted power supply (UPS) units which was turned back to their board for review. c. Fowler asked if a policy was in place yet for equipment procurement for the County. d. He talked of changes in the By-Laws of the Advisory Board that took place on 2/26/2018 with Resolution No which allowed expenditures of up to $10, without bringing it to the Board for approval which was $1, prior to that change. He felt that left it open for the Advisory Committee to spend without Board approval. e. Financials requested from the Clerk s Office from the past five years showed the majority of expenditures were for site rentals and purchases through All Wireless Equipment. f. Of those expenditures, only two or three exceeded the $10, limit. g. Fowler requested that the Board go back and review that resolution and revert back to the $1, limit in line with other County policy. h. Darrington agreed and suggested going back to the policy and revert back to the $1, limit of what the Advisory Committee can expend on their own. 6 P a g e

7 11:00 AM Motion and Action: Rescind the $10, limit of Resolution No from 2/26/2018 and revert back to the limit of $1, spending, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. i. Kunau said historically there had not been an expectation for bidding or searching for the best value with this fund. He said they realized that we could have done better with the UPS purchases presented to them by the Advisory Committee. He also favored reverting back to the $1, limitation stating the Board expects the best value to be reflected in all purchases. j. Fowler said major purchases for expanding the backbone of requirements should be brought forth when the budget is addressed. k. He also recommended going through a bid or price comparison process so everyone would have the opportunity to provide the equipment and the County is getting the best value for money spent. l. The Board discussed providing equipment to other taxing entities who have levied funds that possibly should be purchased from their own budgets. m. Fowler explained his involvement in service as a Level I Reserve for over 20 years and was sworn in as a reserve officer cross-deputized. He was also an Idaho seven county multi-agency SWAT team member as a sniper and has chosen to serve with donated time. Through that he said he has gained considerable understanding of radio communications and is not just a lay person. n. He questioned why some fire departments are not purchasing their own equipment from their own budgets. Radios are bid out on a State contract and all entities can participate with that. o. Christensen which Board member would be recommended to serve as part of the Advisory Board Committee. It was recommended that Chair Kunau serve there on an interim basis. 11:08 AM Motion and Action: Approve having Chair Kunau serve on Advisory Board, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. p. It was also discussed having Fowler serve on the Advisory Board as well. 11:09 AM Motion: Approve appointing Gary Fowler to serve on the Advisory Board, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. q. The Board will review other members who are serving on the Advisory Committee. r. Fowler said as he reviewed expenditures, a red flag was raised with the purchase of a laptop computer for DeAnn Taylor in Dispatch. He felt that purchase should be out of the Sheriff s budget. s. He referred to the from Smith at the Idaho Advisory Board citing Federal Code which gives the authority to tax an amount per phone line and also guidelines on how that money can be utilized. He further stated that purchasing of equipment should not happen past the line of the PSAP or dispatch center. None should be used to purchase repeaters, radios, and pagers. 7 P a g e

8 That may put us in violation of Federal and State statutes. He suggested Abenroth or the Attorney General s Office provide opinion on that. t. Darrington said most questions would be answered with Kunau s and Fowler s involvement on the Advisory Board and we should give it a little more time. u. Fowler suggested we might be at a point where we should consider setting time limits and staggering appointments for continuity of service on the Advisory Committee. Many on that committee pointed out they had served there for a lot of years. Kunau and Fowler said sometimes people s effectiveness diminishes after a period time. v Advisory Board Chairman Kent Searle stated he is part of MKR, LLC which owns some of the repeater sites that the County is paying rent for. He is deriving some sort of gain from that. He said it is up to the Board whether or not that is a conflict of interest. He pointed out that Searle purchased the building that All Wireless is housed. He wasn t sure if there is a direct association with All Wireless or not, but that should be looked into and addressed. Kunau said if he is sharing in revenue as a partner, he shouldn t be making decisions to buy from All Wireless without bids from other businesses. w. Darrington pointed out that Searle recuses himself, but just the same, there is the influence of who he is and what he does. Kunau said he could recuse himself knowing the decision is to buy it from that business anyway. Fowler said that was the next point he wanted to bring up. x. Fowler talked to a Minidoka County Commissioner who said their IT person works with a deputy sheriff to manage their system. That commissioner said their infrastructure will currently integrate with the Next Generation upgrade without further purchases and they are ready to go. The Minidoka County Commissioner said that Cassia County is not close to that at all. Fowler said he didn t know what needed to be done with our backbone and infrastructure but the Board should take a serious look at where we are and where we need to go since they are over all of this. y. Kunau said Clerk Larsen attended a Cybersecurity Summit in Boise where Homeland Security Director Brad Richy presented. He stated that IT security and protections are far more critical in the public sector with Next Gen than the implementation itself with the billions of bits of information that could compromise the County s systems. z. Smith told Fowler that the cost of Next Gen implementation will be assisted with Federal grants to offset costs which would exceed what we have in our Fund. However, he cautioned him that if the money wasn t used appropriately in the Fund, those Federal grants could be denied. aa. He discussed a public records request that Abenroth said would cost about $ in advance to research, identify, and provide the items requested. He wanted to know who owns the equipment used on those sites. He said he was told that those records are in file boxes in the Administration Office. He questioned that being the best method of storing that information. Abenroth said Todd Quast is the only one who can search those records. He explained the various custodians of records that were requested by Fowler. Kunau said he wanted purchases and contract information to be provided to the Board. bb. Abenroth will work on a resolution for the Board to adopt next week repealing Resolution No P a g e

9 11:29 AM Motion and Motion: Approve rescinding Resolution No and go back to the original, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. cc. Abenroth said the By-Laws need to be amended to include a citizen if that is not included. The By-Laws may need to be amended as the first two motions may be pre-mature. The By-Laws should be amended first. 26) 11:32 AM Adjourn 11:32 AM Motion and Action: Adjourn, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9 P a g e

10 APPROVED: /s/ Bob Kunau, Chair CLERK OF THE BOARD: /s/ Joseph W. Larsen 10 P a g e

11 11 P a g e COUNTY EXPENDITURES ATTACHMENT

12 COUNTY EXPENDITURES 4/30/2018 DEPARTMENT FUND/DEPT AMOUNT 104 Current COUNTY COMMISSIONERS $ Expense AUDITOR & RECORDER $ Fund TREASURER $0.00 ASSESSOR $ PUBLIC DEFENDER $95.97 AGRICULTURAL EXTENSION $0.00 COUNTY BUILDING $0.43 JUDICIAL CENTER $ BOARD OF HEALTH $0.00 PLANNING & ZONING $0.00 GENERAL $0.00 CIVIL DEFENSE $0.00 COUNTY ELECTIONS $6, LAW ENFORCEMENT BUILDING $ COUNTY ADMINISTRATION $0.00 VETERANS SERVICE OFFICER $1, CURRENT EXPENSE FUND TOTAL $9, Dedicated SOCIAL SERVICES $3, Funds CONFLICT INDIGENT DEFENDER $5, CASSIA COUNTY COURTS $ COUNTY ROAD & BRIDGE $1, WEED & PEST $0.00 SOLID WASTE $0.00 AMBULANCE SERVICE $0.00 FAIR EXHIBITS $0.00 HISTORICAL SOCIETY $0.00 COMMUNITY COLLEGE $0.00 REVALUATION $ COMMUNICATIONS $0.00 CONSOLIDATED ELECTIONS $0.00 COUNTY WATERWAYS $0.00 COUNTY SNOWMOBILE $0.00 ASSESSOR TRUST $0.00 K-9 TRUST $0.00 EMERGENCY MEDICAL SERVICE $0.00 NARCOTICS SEIZED ASSETS $0.00 CASSIA DRUG TASK FORCE $0.00 D.A.R.E. TRUST $0.00 PHYSICAL FACILITIES $3, ADULT MISDEMEANOR PROBATION TRUST $0.00 ADULT MISDEMEANOR PROBATION $1, VIOLENT PREDATOR ACCOUNT $0.00 BOX ELDER COUNTY BOOKMOBILE $0.00 WIDOW BENEFIT TRUST $0.00 DEDICATED FUNDS TOTAL $15, Justice JUSTICE FUND $0.00 Fund CLERK OF THE DISTRICT COURT $0.00 MINI-CASSIA JUVENILE PROBATION $0.00 PROSECUTING ATTORNEY $0.00 CORONER $0.00 SHERIFF - PATROL $ SHERIFF - INVESTIGATIONS $0.00 SHERIFF - DISPATCH $19.63 SHERIFF - ADMINISTRATION $ MINI-CASSIA CRIMINAL JUSTICE CENTER $3, MINI-CASSIA JUVENILE DETENTION CENTER $0.00 SHERIFF - PATROL (City of Burley) $1, SHERIFF - INVESTIGATIONS (City of Burley) $0.00 SHERIFF - ADMINISTRATION (City of Burley) $66.29 Rev. 2017_04_28 JUSTICE FUND TOTAL $5, TOTAL EXPENDITURES $31,169.84

13 13 P a g e ATTENDANCE LOG ATTACHMENT

14 Cassia County Commissioner Meeting Attendance Log Date: NAME (Please Print) TOWN REPRESENTING