November 22 & 23, 2004, Emmett, Idaho

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1 November 22 & 23, 2004, Emmett, Idaho Pursuant to a recess taken on November 16, 2004, the Board of Commissioners of Gem County, Idaho, met in regular session this 22 nd & 23 rd day of November, 2004, at 8:00 a.m. Present: Ed Mansfield Sharon Pratt Michele Sherrer Susan Howard Chairman Commissioner Commissioner Clerk Whereupon the following proceedings were had, to-wit: November 22, 2004 Pledge of Allegiance was said. EXECUTIVE SESSION: A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to go into executive session under Idaho Code (1)(b) concerning personnel. Those governing bodies present in the meeting were Commissioners Mansfield, Pratt, and Sherrer. No final decisions were made. A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously to come out of executive session. P & Z UPDATE: Debra Smith, Planning and Zoning Administrator, met with the Commissioners to update them. Debra will work out a schedule so the Office will be open during the lunch hour. They are still working on researches that have been collecting during the time the Office was not fully staffed. The final workshop for Black Canyon Partners is tonight, with the public hearing next week. ROAD MATTERS: Road and Bridge Supervisor Dennis Pulley met to update the Commissioners on the work they are doing. They are still working with property owners along the widening of South Slope Road. The culvert that was put in with grant money on Black Canyon Hwy and Clinton Road is finished. Dennis told Black Canyon Partners he wanted 41 foot roads in their development. He told them that Shalerock Road and Frozen Dog Road needs to be improved during phase one. The road crew has cut the brush and widened a culvert on Butte Road. ROAD MIX AND CHIPS PIGGY-BACK BID ACCEPTED: A motion was made by Commissioner Sherrer to accept the piggy-back bid from Idaho Sand and Gravel for road chips at $7.20 per cubic yard and $5.50 per cubic yard for road mix. It was seconded by Commissioner Pratt and carried unanimously.

2 CERTIFICATE OF RESIDENCY APPROVED: A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to approve the Certificate of Residency for tuition aid for Haylee Reisinger to attend the 2004 fall term at College of Southern Idaho. INDIGENT APPLICATIONS: A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously to go into executive session under Idaho Code (1)(d). Deputy Clerk Sue Spencer presented the following indigent applications: Application needed a release of Application needed a continuation of hearing signed for December 6, Application needed a denial signed for a previously held hearing, and a release of Application for medical expenses Application for medical expenses Application needed a letter of withdrawal and a release of Application for medical assistance needed a statutory Application for medical assistance needed a statutory Application for medical assistance needed a statutory Application for medical assistance needed a statutory A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to come out of executive session. A motion was made by Commissioner Sherrer to sign a release of lien for , to sign a continuation of hearing until December 6, 2004, for , to sign a release of lien and a denial for because of non-appearance at a hearing and no new evidence, to approve , to approve , to sign a letter of withdrawal and a release of statutory lien for , and to sign statutory liens and UCC liens for , , , and It was seconded by Commissioner Pratt and carried unanimously. The Board recessed for lunch at 12:00 p.m. and reconvened at 1:00 p.m. PUBLIC HEARING SHIPLEY REZONE: The public hearing was taperecorded. Commissioner Mansfield opened the hearing for a rezone request by Gary and Judith Shipley to rezone approximately 155 acres from A-2 Rural Transitional Agriculture to M-1 Light Industrial Zone located on the south side of West Highway 52, east of Union Lane, 6N; 2W; Sections 14 & 15. Gary Shipley stated they have ranched the property for over a decade. With the high alkali content, the agriculture value is not very high. A lot of the property around it is zoned as

3 industrial. He stated he has a lot of support from the community and from the neighbors to change the zone. At one time, he planned to put the land into a residential subdivision, but with the economic trend in the community, he thinks it would best be suited as industrial property. He stated that it falls within the comprehensive plan. Debra Smith, Planning & Zoning Administrator, stated that the property on the east side of Mr. Shipley s property is zoned industrial. Deputy Prosecuting Attorney David Hargraves asked Mr. Shipley to explain the problem with the alkali in the soil. Mr. Shipley did so. He stated that the only crop he has been able to produce is pasture land. PA Hargraves went through the qualifications for a property to be rezoned. P & Z Administrator Debra Smith stated the Planning and Zoning Commission recommended approval by unanimous vote. Debra stated it was her opinion that it did not comply with the Comprehensive Plan. Mr. Shipley stated that his property is not in the wetlands act. He said that he has four accesses to Highway 52. He stated that there is a change of the Comprehensive Plan coming forward. The Commissioners asked that they receive copies of the minutes from the P & Z Commission hearing. Lan Smith, co-chairman of the Steering Committee for the Comprehensive Plan stated there is no revision of the plan coming to the Commissioners at this time. A motion was made by Commissioner Pratt to take the matter under advisement until the transcript is received from the P & Z Commission. It was seconded by Commissioner Sherrer and carried unanimously. TOM HOPPELL ISLAND FOOT BRIDGE: Tom Hoppell met with the Commissioners to go over his plans for the foot bridge on the South side of the Gem Island Sports Complex. A motion was made by Commissioner Pratt to sign the agreement between Idaho Department of Parks and Recreation and Gem County for Trailway Phase 2. It was seconded by Commissioner Sherrer and carried unanimously. The Board recessed at 5:00 p.m. to reconvene at 8:00 a.m. on November 23, OPEN FORUM OLA: An open forum was held at 7:00 p.m. at the Ola Community Hall. Those in attendance were Commissioners Mansfield, Pratt, and Sherrer, Clerk Howard, and 18 members of the public. Topics of discussion were dust abatement on High Valley Road, a proposal to annex High Valley into Gem County, gravel needed on 3 rd Fork Road, gravel needed by the Community Hall and on Cemetery Road, a bad culvert on 3 rd Fork Road, grading of the roads push rocks into the fences, the possibility of paramedic level EMS service in the County, having the landfill transfer site in Ola open more often, the

4 mosquito/clean Water Act lawsuit, snow grading on the roads, the 2004 General election, the progress of Shadow Butte Industrial Park, and Fire District #2 boundaries. November 23, 2004 Pledge of Allegiance was said. Clerk Susan Howard was not in attendance at the meeting on November 23, 2004, because of a family emergency. The Commissioners took notes of the meeting. DON WILKERSON P & Z MATTERS: Don Wilkerson, Planning & Zoning Commission Chairman, met with the Commissioners to discuss various planning and zoning issues. NIMS: A request was made by Steve Buck, Disaster Services Coordinator, that a resolution be made in Gem County that all first responding agencies use the NIMS (National Incidence Management System) command system upon arrival at all major incidences inside our County. It was so moved by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously. Steve stated that there will be training for all agencies and that it is important that everyone knows this will be mandatory, especially the Sheriff s Office. PUBLIC WALK-IN AND INPUT: Sharon Vawter is retiring from Job Service. She brought in her replacement, Rudy Hernandez, to meet the Commissioners. PROSECUTING ATTORNEY MATTERS: Deputy Prosecutor David Hargraves met with the Commissioners. He is reviewing the Intermountain Hospital contract. A phone call was made to Emmett City Attorney Ron Bjorkman concerning the Building Official. The Stormwater 319 grant contract was reviewed, with a look at exhibits A & B. David will get with the contractor. David is working on the appraisal for the Butte Road bridge and the widening of South Slope Road was discussed. EXECUTIVE SESSION: A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to go into executive session under Idaho Code (1)(d) concerning indigent matters. Those governing bodies present in the meeting were Commissioners Mansfield, Pratt, and Sherrer. No final decisions were made. A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to come out of executive session. JIM OLSON AMERICAN LEGION MATTERS: Jim Olson from the American Legion Post met to discuss the possibility of getting restrooms/kiosk at the monument on Freezeout Hill. He also

5 asked about the possibility of a resolution for a Support the Troops Day, as there are several deployed from the Legion post. EXECUTIVE SESSION: A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously to go into executive session under Idaho Code (1)(d) concerning indigent matters. Those governing bodies present in the meeting were Commissioners Mansfield, Pratt, and Sherrer. No final decisions were made. A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously to come out of executive session. EMS MATTERS: Mark Rekow, Ambulance Director, met with the Commissioners. He informed them that defibrillation equipment is already in the works. The Board recessed at 12:00 p.m. for lunch to reconvene at 1:00 p.m. CLAIMS: The claims presented were reviewed. A motion was made by Commissioner Pratt to pay the claims as presented and noted in the Claims Report Form. It was seconded by Commissioner Sherrer and carried unanimously. VARIANCE FOR SHADOW BUTTE INDUSTRIAL PARK: Deputy Prosecutor David Hargraves and Planning & Zoning Supervisor Debra Smith met with the Commissioners to discuss a possible variance for Shadow Butte Industrial Park. SHADOW BUTTE INDUSTRIAL PARK UPDATE: Members of the Shadow Butte Development Corporation, and others, met to give an update on Shadow Butte Industrial Park. The Board recessed at 5:00 p.m. to 8:00 a.m. on December 6, Attest: Clerk Approved: Chairman