February 23 & 24, 2004, Emmett, Idaho

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1 February 23 & 24, 2004, Emmett, Idaho Pursuant to a recess taken on February 17, 2004, the Board of Commissioners of Gem County, Idaho, met in regular session this 23 rd and 24 th day of February, 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: February 23, 2004 Pledge of Allegiance was said. JUVENILE JUSTICE PROGRAM AND BUDGET PLAN: A motion was made by Commissioner Pratt to approve the Annual Juvenile Justice Program and Budget Plan to the Idaho Department of Juvenile Corrections. It was seconded by Commissioner Sherrer and carried unanimously. INDIGENT HEARING: The Indigent Hearing for Case # was held in executive session. Those in attendance were Commissioners Mansfield, Pratt, and Sherrer, Clerk Howard, Deputy Clerk Sue Spencer, Prosecuting Attorney Richard Linville, and the indigent. No one appeared to represent the third party applicant, who was St. Luke s Hospital. After coming out of executive session, Commissioner Sherrer made a motion to continue the hearing until March 8, 2004, at 9:00 p.m., in order to review new information. It was seconded by Commissioner Pratt and carried unanimously. TAX DEED PROPERTY: Treasurer Marilyn Knighton reported that tax deed hearings are scheduled for April 6, There have been 23 properties advertised. Marilyn wanted to let the Commissioners know about a specific property that was advertised. It is property owned by Goodman Oil, located on the corner of Johns Avenue and 4 th Street. It was previously a service station. She gave the Commissioners some background information that shows there is possible contamination in the soil. Marilyn went over what could happen if the County ends up with it through a tax deed.

2 DEQ has strongly advised the County to get a study done on the property before the County puts it up for auction and that there may be Federal grant money available to the County, but not to a private individual, for the study. ECONOMIC DEVELOPMENT UPDATE: Economic Development Specialist Morris Huffman met with the Commissioners to update them on economic development. Also meeting with them was Shirl Boyce from Boise Metro Economic Development Council. Mr. Boyce thanked the Commissioners for Gem County joining Boise Metro. One of the Commissioners, plus a business person from the community, can be on the Board. They also need a contact person from the County. He explained how the representation works. Their next quarterly board meeting will be at 7:30 a.m. on March 10, The Commissioners designated Morris Huffman as the contact person for Gem County with Boise Metro. 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)(f) concerning probable litigation. Those governing bodies present in the meeting were Commissioners Mansfield, Pratt, and Sherrer. A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously, to come out of executive session. No decisions were made. 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 lien because the account was paid off Application needed a release of lien signed because of a bankruptcy Application needed a release of lien because the account was fully paid Application needed a release of statutory lien signed because of the death of the applicant and nothing in the estate Application for medical assistance needed a statutory lien signed Application for assistance with rent for $135 for

3 January and $240 for February rent. 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 statutory liens for , , and , to sign a statutory lien for , and to approve rent of $375 and sign a statutory lien for It was seconded by Commissioner Pratt and carried unanimously. 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)(f) concerning probable litigation. Those governing bodies present in the meeting were Commissioners Mansfield, Pratt, and Sherrer. A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously, to come out of executive session. No decisions were made. ADMINISTRATIVE SPLIT AMENDMENT DECISION: A motion was made by Commissioner Sherrer to concur with P & Z Commission s recommendation to remove the administrative split option in the Planning & Zoning Ordinance. The motion died for lack of a second. A motion was made by Commissioner Pratt to not accept the recommendation of the Planning & Zoning Commission to remove the administrative split option in the Planning & Zoning Ordinance. It was seconded by Commissioner Mansfield. It carried with ayes from Commissioners Pratt and Mansfield and a nay from Commissioner Sherrer. TJT TIRE, INC., & RODETTE SCHREIBER REZONE DECISION: A motion was made by Commissioner Pratt to accept the recommendation of the Planning & Zoning Commission to deny the rezone application from TJT Tire, Inc., and Rodette Schreiber. It was seconded by Commissioner Sherrer and carried unanimously. The Board recessed for lunch at 12:00 p.m. and reconvened at 1:00 p.m. GEORGE KELSO WRECKING YARD: George Kelso and neighbors met with problems with some of their neighbors not following the covenants of their Pleasant View Estates Subdivision. Debra Lish went over the process needed when there is a complaint on a junk yard. She stated what the due

4 process is and that takes quite a while. She reported that there are some complaints that are already in the process of being investigated. The neighbors also stated that they have not seen a sheriff s deputy in their area for months. CINDY JOHNSON LITTLE ROCK ROAD SPEED LIMIT SIGN: Cindy Johnson, who lives on the corner of Little Rock Road and Brill Road, met with concerns on the speed limit on Little Rock Road. There is no speed limit sign at this time, so it automatically puts the speed limit at 55 mph. She would like to see the speed limit set at 40 mph. Dennis Pulley, County Road Supervisor, agreed that the speed limit should be 40 mph. A motion was made by Commissioner Pratt to reduce the speed limit on Little Rock Road from Hwy 52 south to Dewey Road to 40 mph, to reduce the speed limit on Little Rock Road from Hwy 52 north to the Payette County Line to 35 mph, and to reduce the speed limit on Beacon Ave from Idaho Boulevard north beyond Hillview to the end to 45 mph. It was seconded by Commissioner Sherrer and carried unanimously. ROAD PAVING QUOTE ACCEPTED: A motion was made by Commissioner Pratt to accept the quote from Idaho Sand and Gravel Company for custom paving for County roads, with an additional cost for mobilization. It was seconded by Commissioner Sherrer and carried unanimously. DON DITTMER FIRE MITIGATION PLAN: Don Dittmer met to deliver the final Gem County Wildfire Mitigation Plan. He went over some observations he made that may be useful in putting together the All Hazard Mitigation Plan. He thought that a preliminary outline of what is expected of the Committee would help. An executive summary of the overall document would be helpful. It would be nice to advertise better to get more public turnout to the public meetings. The working group had a good cross section of people to work with and the last meetings had some of the best input. He discussed the action items included in Chapter 4 of the Plan. These included amending existing building codes, developing County policy on building materials in high-risk WUI areas on new structures, developing a county-wide GIS database, having a wildfire risk assessment of homes, surveying and rating bridges, cattle guards, and limiting road surfaces on private property, enhancing radio coverage, and increasing training and discussion between

5 the County, Fire Districts, BLM, IDL, USFS and local fire departments. Don would be willing to continue working on these items. RICHARD REX SWEET-OLA RD-KNOWLTON SUBDIVISION: Roger Bennie, Surveyor, met to go over his findings of the Richard Rex property in Sweet. He explained that the current Sweet/Ola Highway actually sits in the middle of one of the lots in the original Knowlton Subdivision. Property descriptions need to be changed to match the actual property lines. Roger will bring in some more drawings that show other options. AMBULANCE BUILDING REMODEL PROPOSALS OPENING: Ambulance Director Mark Rekow met to open proposals for cabinets and grid ceiling. For the grid ceiling, the proposals were from Grid Master at $3,545, GemCo at $4,840, and Turnkey at $3,500. Proposals for the cabinets were from Home Depot at $1,704.60, the Cabinetree at $2,788, and Sonbyrd at $1, No decisions were made. SQUAW BUTTE SOIL DISTRICT LETTER OF INTENT: A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to send a letter of intent to Gem Soil District for $3,000 in the FY2005 budget. RACINO DISCUSSION: Clayton Russell met to discuss the issue of the proposal from Shawn Scott and Ron Erickson to build a racino in Gem County if the racino initiative passes the vote of the people in the November election. The Board recessed at 5:00 p.m. to reconvene at 8:00 a.m. on January 13, OPEN FORUM: An open forum was held in Sweet. Those in attendance were Commissioners Mansfield, Pratt, and Sherrer, and Clerk Howard. There were two members of the public. The topics of discussion were County property, Butte Road Bridge, property clean up, Syringa Hall flooding, and Cemetery approach. February 24, 2004 Pledge of Allegiance was said. PUBLIC WALK-IN AND INPUT: Dan Nicholson met to discuss road repair and drainage on Michael Street. The Commissioners

6 will talk with the Road Department regarding the road. Also discussed were issues regarding ill dogs running loose in the subdivision. Commissioners will talk with the prosecutor regarding the dogs. Richard Rex met to further discuss legal description discrepancies in Knowlton 2nd Subdivision at Sweet. The Commissioners will further review the issue. Dennis Pulley met to discuss repair and drainage on Michael Street. Discussion was had on repair to the pavement at the RV Park. He also discussed the area in front of Syringa Hall in Sweet which is causing water to pool. He discussed graveling the approach to the cattle guard at the entrance of Sweet Cemetery. The end of Taylor Road of discussed for gravel storage. Steve Buck met to discuss the HERSA exercise. GEM PLAN: Commissioner Sherrer moved that we transfer the medical insurance for the County employees from Blue Cross to the Gem Plan effective April 1, 2004 pending confirmation that the deductibles will transfer. Commissioner Pratt seconded the motion. A roll call vote was taken, Commissioner Sherrer voted in favor, Commissioner Pratt voted in favor, Commissioner Mansfield was opposed. The motion carried. CLAIMS: The claims presented were reviewed. A motion was made by Commissioner Pratt to approve the claims presented and signed. It was seconded by Commissioner Sherrer and carried unanimously. 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)(f) concerning probable litigation. Those governing bodies present in the meeting were Commissioners Mansfield, Pratt, and Sherrer. A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously, to come out of executive session. No decisions were made. PROSECUTING ATTORNEY MATTERS: Prosecuting Attorney Richard Linville met with the Commissioners. Legal requirements for making a decision in the Walker ordinance change request were discussed. The Commissioners asked for an update on the Barrus Rezone Findings of Facts. The contract between Les Bois Park and the Fair Board is being reviewed. The Letha Sewer District 2002 audit is completed. Tyler

7 Trailer Court was discussed. Elevator inspection contracts were discussed. The Board recessed at 12:00 p.m. for lunch to reconvene at 1:00 p.m. Commissioner Mansfield left the meeting to attend another meeting. AMBULANCE BUILDING PROPOSAL DECISION: A motion was made by Commissioner Pratt to accept, for the EMT building remodel, the proposal from Sonbyrd for cabinetry and the proposal from Gridmaster for a grid ceiling. It was seconded by Commissioner Sherrer and carried unanimously Commissioner Mansfield came back into the meeting. The Board recessed at 5:00 p.m. to 8:00 a.m. on March 1, Approved: Chairman Attest: Clerk