April 24 & 25, 2006, Emmett, Idaho

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1 April 24 & 25, 2006, Emmett, Idaho Pursuant to a recess taken on April 18, 2006, the Board of Commissioners of Gem County, Idaho, met in regular session this 24 th & 25 th day of April, 2006, at 8:00 a.m. Present: Sharon Pratt Michele Sherrer Lan Smith Susan Howard Chairman Commissioner Commissioner Clerk Whereupon the following proceedings were had, to-wit: April 24, 2006 Pledge of Allegiance was said. POLLING PLACES APPROVED: Commissioner Sherrer made a motion, seconded by Commissioner Smith and carried unanimously to appoint the following locations as polling precincts for the Primary Election to be held May 23, 2006: Nazarene Church for Brick and Bench precincts; Ola Community Hall for Ola precinct; Veterans Hall for N. Emmett precinct; Lutheran Church for S. Emmett precinct; Armory for Lincoln precinct; Catholic Church for Central precinct; Presbyterian Church, if it meets size appropriate to be determined on April 25, 2006, for Butteview precinct, if it does not meet the appropriate size Emmett City Library will be used; 4-H Building for W. Emmett and Emerson Precincts; LDS Church for Letha and Hanna precincts; Syringa Hall for Sweet/Montour precinct. PLANNING & ZONING UPDATE: Brad Hawkins-Clark met to discuss issues regarding grandfather clauses, subdivisions and comments at the Planning & Zoning meeting held on April 20, Discussion was had concerning the flood plain, levees and identification of natural drainages and mitigation for those if changes are made. The subdivision ordinance needs to identify drainage areas. Brad indicated there should be an inclusion of public agencies for repairing potential flood problems without declaring an emergency County wide. The proposed fee structure and violation fines were discussed. A change of occupancy is required for special use permits when use of a building changes. Salaries were discussed for hourly rates to correlate with the fees structure for hearings. INDIGENT APPLICATIONS: A motion was made by Commissioner Sherrer, seconded by Commissioner Smith, and carried unanimously to go into executive session under Idaho Code (1)(d). Deputy Clerk Sue Spencer presented the following indigent applications: Medical assistance decision Medical assistance Medical assistance A motion was made by Commissioner Sherrer, seconded by

2 Commissioner Smith, and carried unanimously to come out of executive session. A motion was made by Commissioner Sherrer to table for further information, to deny for failure to cooperate and unable to determine indigency, to approve for medical expenses. It was seconded by Commissioner Smith and carried unanimously. Information was obtained on A motion was made by Commissioner Sherrer, seconded by Commissioner Smith and carried unanimously to approve The Board recessed at 12:00 p.m. for lunch to reconvene at 1:00 p.m. CONSENT AGENDA: A motion was made by Commissioner Sherrer, seconded by Commissioner Smith, and carried unanimously to approve the items on the consent agenda, which included: Certificate of Residency for tuition aid for Tina Hansford to attend the 2006 spring term at College of Southern Idaho; a DEQ 319 NPS Subgrant Amendment with Idaho Department of Environmental Quality to provide for a no-cost time extension to the existing agreement; an order to annex certain Black Canyon Partners, LLC, into Fire District No. 1. PUBLIC HEARING REQUEST TO VACATE: While being tape-recorded, a public hearing was held for a request to vacate platted easements by KAP, LC./Terry Phillips to allow a lot line adjustment in order to maximize use of designated building lots. The property is located at Picket Corral #4 Lots 33, 34, 35, 36, 37 and 38. Present in the hearing were Commissioners Pratt, Sherrer and Smith. Interested parties present were Terry Phillips, 3797 Fuller Rd, who purchased property about 1 year ago. He has had difficulty in developing 15 lots and wants to vacate utility easements in order to allow lot-line adjustments that will provide adequate room for septic system and water lines. Lot line adjustments are needed for lots 33, 34, 35. Lot 37 is a buildable lot. Lot 38 is not a buildable lot due to terrain. There will be a total of 5 buildable lots in the whole project. Brad Hawkins- Clark stated that lot line adjustments is not what this is about. Brad stated utilities have relinquished easement rights for the lot line adjustments as requested. Commissioner Smith asked if a new plat map is filed for future reference. Terry Phillips stated a survey will be done to amend Picket Corral #4 and will be recorded as such. Pam Garrison, representing Black Canyon Partners, stated they do not have any objections to the vacation of lot line and establishing new ones. Commissioner Sherrer moved to take the matter under advisement and continue decision to May 8, It was seconded by Commissioner Smith and carried unanimously. The Board recessed at 5:00 p.m. to 8:00 a.m. on April 25, April 25, 2006 OPEN FORUM: An open forum was held on April 24, 2006, at 7:00 p.m. at the Letha Fire Station. Those in attendance were

3 Commissioners Smith and Sherrer, Clerk Howard, and nine members of the public. Topics of discussion were the moratorium, property owner rights, land use, the Comprehensive Plan, Shadow Butte Industrial Park, Planning & Zoning Administrator/Code Enforcer position, and controlled burn calls to Dispatch. 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. Commissioner Smith left the meeting to attend another meeting. PAYROLL OUTSOURCE PROPOSAL: Carlas Brown from Wells Fargo Bank met to discuss a proposal for the payroll out sourcing. Mark Rogers gave a presentation concerning accepting County payments with credit cards. The credit cards can only be accepted on the web site where a convenience fee can be charged to the customer. PUBLIC WALK-IN AND INPUT: Roberta Ushman requested that an open forum in Emmett. She stated that Gem County Citizens Network is wonderful. Glenn Harding from Little League Baseball met to update the Commissioners on their work on the baseball fields at Gem Island Sports Complex. He will go through Planning and Zoning concerning the snack shack they are putting up. Wayne Freeman met with the Commissioners with a complaint about his neighbor being able to put in a well for a new home. Mr. Freeman was required to have a shared well. The Commissioners will research it. Norvil Elliott asked about any changes to the Zoning Ordinance. He was told that as of right now, there have been no changes to the zones. He has concerns about people building in the flood plain along the Payette River. The new road proposed by the City of Emmett on the east side of the Valley was discussed. There needs to be more information and input by the public before any decisions are made. He brought up a problem with a railroad crossing on North Plaza Road. The Railroad people have been contacted. 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 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. The Board recessed at 12:00 p.m. for lunch to reconvene at 1:00 p.m. Commissioner Smith returned to the meeting. ROAD & BRIDGE PLANT MIX CONTRACT: A motion was made by

4 Commissioner Smith, seconded by Commissioner Sherrer, and carried unanimously for approval to piggy-back off of Ada County Highway District s contract with Central Paving for plant mix at the cost of $31.85 per ton FOB the Joplin Road Plant and $30.00 per ton FOB the Apple Street Plant, for the first 500 ton purchased. The price must be renegotiated after the initial 500 ton purchased due to the unstable asphalt oil prices in the current market. PARAMETRIX-KELLER PRESCOPE MEETING: Representatives from Parametrix-Keller met with the Commissioners to give their proposed detailed scope of work for the Dewey Road Corridor Study. Their scope outline included twelve tasks: Project Management, form Steering Committee, stakeholder outreach, background data, environmental scan, traffic modeling, alignment analysis, public meeting, refine alternatives, environmental analysis, final report, and local adoption. The County will pay the bills and then send the invoice and copy of the check for reimbursement of 96% from the grant. There will be a 10% administrative charge. The Steering Committee will not be a decision making group. There is a steering committee that has been looking at the project for a couple of years. They will be contacted. There will be about 20 interviews with stakeholders. They will get feedback from those people to help avoid any problem areas. The interviews will be recorded and will be done by one of the Parametrix-Keller personnel and a Commissioner. The County will schedule the interviews. There will be traffic counts that LHTAC can help with in the form of equipment. They will use data from other agencies for other background data. They will use a plan from another successful project to do the environmental scan. LHTAC suggested that it would be a good idea to have all of the regulatory agencies together in one room for discussion. COMPASS has a partially set up model for Gem County and Payette County. They may be willing to work with the project in finishing the model. LHTAC suggested that the State Highway Department procedure be followed in attempting to get the State to adopt this portion of road into their system. Considering the feedback and the data and, while matching the terrain, the alignment will be determined. They will come up with six to eight lines (before being put on a map) to study. The more feasible lines will be brought together to come up with the best road. LHTAC suggested that the options should be brought to ITD with reasons for and against the narrowing of alternatives, with documentation presented. The results would be taken to a public meeting. They will send out invitations. It will also go to the media. There will be one meeting, with two locations--one at each end of the project. There will be a format that will have hands-on and take public input without making the public feel that a decision has already been made. This will be the only meetings planned until the final ratification. After the public meeting, the comments will be used in refining the alternatives. The meeting could end up being a

5 validation of the plan, with possible changes. Discussion was held on the best way to initiate involvement. It was decided that stakeholder interviews should be held first. Some of the stakeholder interviews could include group meetings with residents on Dewey Road. Without budget to do a full environmental clearance, an environmental analysis will be a clean scan that can be used later on for the clearance. The final report will be assembling what is already done, editing, and presenting the report. Local adoption will need to be done by Gem, Payette, and Canyon County and then a meeting with the ITD Board asking for an adoption into the State system. The Board recessed at 5:00 p.m. to 8:00 a.m. on May, 2006 Attest: Clerk Approved: Chairman