CASSIA COUNTY COMMISSION REGULAR SESSION Monday, September 11, 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 9:02 AM Roll call Present: Kerry McMurray - Administrator (Not voting), Tim Darrington - Member, Bob Kunau- Chair, Paul Christensen - Member, Doug Abenroth - County Attorney (Not voting), Hilaree Young - Deputy Clerk of the Board (Not voting). 4) 9:02 AM Calendar, meetings, and correspondence a. Joint Juvenile Meeting at 7:30 a.m. Tuesday, 9/12/2017 in Rupert b. Joint Justice Meeting at 8:00 a.m. Tuesday, 9/12/2017 in Rupert c. IAC Annual Conference 9/25/2017 9/28/2017 d. Fair Board Meeting at 7:00 p.m. Tuesday, 9/12/2017 e. Mini-Cassia Transportation Meeting Wednesday, 9/13/2017 f. South Central Public Health Board Meeting at 2:00 p.m. Wednesday, 9/13/2017 g. South Central Public Health District Legislative Reception 12:00 p.m. 2:00 p.m. Thursday, 10/19/2017 at Caddy Shack Restaurant and Jerome Country Club h. Intermountain Cassia Regional Hospital Paramedic report for August 2017 i. Veterans Service Officer report for August 2017 j. Mini-Cassia Veterans Advisory Board (MCVAB) Minutes for 6/2/2017 k. Farewell Open House for 5 th Judicial District Administrative Judge, newly-appointed Justice of the Idaho Supreme Court, G. Richard Bevan from 3:00 p.m. to 5:00 p.m. Thursday, 9/21/2017 at Courtroom One of the Theron W. Ward Judicial Building in Twin Falls l. CAFO Recommendations 5) 12:32 PM Amendment of agenda: Re-Appoint Board Member of the Veteran s Administration Board 12:33 PM Motion: Add discussion of the Veteran s Advisory Board Discussion to the agenda, Action: The board amend the agenda for this meeting pursuant to Idaho Code (4) (c) (good faith reason the agenda item was not included in the posted agenda): An from the Veteran s Advisory Board was received and timeliness was important to act on the matter, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 1 P a g e

2 a. Chairman Kunau received an from the Ron Beedle from the MCVAB requesting the board consider the re-appointment of Alejandro Martinez to three year term as a board member. b. Martinez s term is set to expire at the end of this month. 12:33 PM Motion: Re-appoint Alejandro Martinez as a member to the MCVAB, Action: Approved, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 6) 12:16 PM Approval of Clerk s Office recommendations regarding junior college Certificate of Residency Forms 12:16 PM Motion: Clerk s Office recommendations to approve forty-five and deny two junior college Certificate of Residency Forms as presented, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 7) 9:12 AM Personnel Matters: a. Change of Status Requests i. Cassia County Sheriff s Office (CCSO) voluntary resignation of Dispatcher Donna Headley ii. Treasurer s Office voluntary resignation of Chief Deputy Treasurer Lisa Heisel iii. Treasurer s Office hiring of Laura S. Greener as Chief Deputy Treasurer iv. Mini-Cassia Criminal Justice Center (MCCJC) voluntary resignation of Detention Deputy Nicole Stewart v. MCCJC rehire of Nicole Stewart as a part time Detention Deputy vi. MCCJC hiring of Daniel R. Vanleeuwen as a part time Detention Deputy b. A letter was received from Lieutenant Kevin Horak requesting use of budgeted Discretionary Compensation Fund (DCF) amounts to cover comp hours for former employee Donna Headley. c. Heward explained Headley resigned when asked to use banked time to follow county policy. d. Darrington suggested the matter be addressed to account for all the accumulations of comp time in the county. e. Heward said they are working hard to scheduled employees to keep comp time below 40 hours. f. Kunau and Darrington said this is a problem that needs to be corrected. 9:23 AM Motion: Payout of 40 hours of Compensatory Time from the DCF as requested by the Sheriff s Office, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9:24 AM Motion: Change of Status Requests as presented, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. g. The board further discussed comp time payout on what should be paid out of the DCF and what is paid from a department s budget. h. Following discussion, the board determined from which fund that payout would come from. 2 P a g e

3 11:23 AM Motion: Approve payment of $3, from the Dispatch Budget to pay the basis of comp time and the balance to come out of the DCF setup previously by the board, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 8) 11:31 AM Execute Resolution No declaring Weed Department ATV as surplus a. Kunau read the resolution for the record. b. A 2004 Honda Rubicon four-wheeler that was given to the county by the BLM is classified as an untitled vehicle. 11:32 AM Motion: Declare Weed Department ATV as Surplus and approve Resolution No , Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9) 11:33 AM Execute Resolution No providing for destruction of election department records a. Kunau read the resolution for the record. b. All attached items listed within Exhibit A were reviewed and it was determined that they have exceeded the statutory retention period. 11:34 AM Motion: Execution of Resolution No allowing Destruction of Election Department Records, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 10) 11:57 AM Execute Resolution No granting business property tax exemption for Gavilon Grain, LLC a. This is a follow-up resolution from the Public Hearing on 8/28/2017 b. The resolution will be sent to Charles Brattelle of Gavilon Grain, LLC to sign and then to have it recorded. This resolution will then become the agreement of the exemption. 11:57 AM Motion: Sign and Execute Resolution No granting business property tax exemption, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 11) 11:58 AM Discuss and decide rejection of full coverage for Terrorism Risk Insurance ICRMP a. Cassia County has historically rejected additional Terrorism Risk Insurance coverage. b. There is currently some terrorism risk coverage with our ICRMP policy. 11:58 AM Motion: Reject full coverage for terrorism risk insurance as presented, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 3 P a g e

4 12) 11:59 AM Review quotes on Museum damage repair, decide on contractors to make repairs a. McMurray reported on the bids received for the Museum damage repairs. b. Crispin Cardona, who has done previous concrete jobs for the county, submitted a bid to do the concrete portion of the project. The bid included concrete, digging, framing, and general labor. The quote was $2, c. Dennis Wilcox, who has also in the past done carpentry work for the county, also submitted a bid for the carpentry work and a metal skin. The bid included labor and the material for the job. The quote was $4, d. Jason Mills Construction submitted a quote for the concrete portion with a bid of $4,964.24, wall framing with a bid of $4,295.20, and installation of metal wall panels at $2, The total bid is $11, :02 PM Motion: Act on McMurray s recommendations to accept bids for repair at the Cassia County Museum to be accomplished by Crispin Cardona and Dennis Wilcox, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 13) 12:04 PM Review and execute letter to Congressman Simpson regarding Albion-Raft River Aspen Habitat Restoration Project a. McMurray read and the board reviewed the proposed letter. b. The Board asked that a copy of the letter also be mailed to the U.S. Forest Service and current permit holders. 12:11 PM Motion: Sign and Execute letter to Congressman Simpson regarding the Albion-Raft River Aspen Habitat Restoration Project as presented, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 14) 12:17 PM Approve minutes 12:17 PM Motion and Action: Approve minutes from 8/16/2017, 8/23/2017, 8/28/2017, and 9/6/2017, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 15) 12:17 PM Approve payables 12:18 PM Motion and Action: Approve payables dated 9/11/2017, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. UNFINISHED BUSINESS AGENDA ITEMS 16) 12:12 PM Verizon cell phone billing costs follow-up a. Kunau inquired as to why some phones/departments have a data plan and others have a basic phone plan. 4 P a g e

5 b. The County Extension Office and the Administration Office are currently sharing plans. McMurray recommended other departments look into other plans that would benefit them. 17) 12:18 PM County Industrial Development Commission vacancies follow-up a. McMurray has not received any interest regarding current vacancies. b. McMurray spoke with Clay Handy and Greg Osterhout and they both agreed to continue serving on the commission and asked if the board would re-appoint them. c. Handy and Osterhout will continue to serve while the board seeks three additional board members. 12:19 PM Motion: Re-appoint Greg Osterhout and Clay Handy to the Industrial Development Commission, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. d. Kunau presented the name of Winston Inouye to consider, if he is still living within Cassia County. e. Christensen suggested Eli Hansen. 18) 12:30 PM Procurement Policy follow-up a. Doug Abenroth is reviewing the provided policies and felt from a legal perspective the more pages and length of the policy the more issues. Abenroth asked the board if they would like the policy abbreviated or more in depth. b. Abenroth informed the board that Fremont County has a procurement policy that is roughly 77 pages. Whereas Teton County has a much shorter policy. c. Abenroth felt from a legal perspective that the more pages you have the more likely it will be to be problematic. Extensive verbiage presents a risk of allegations of non-compliance. d. Abenroth felt that it needs to be a simpler policy for ease of use with departments. 19) 12:34 PM Courthouse first floor restroom follow-up a. Abenroth informed the board he is aware the bathroom restoration project would be priority but he inquired the board to consider the replacement of windows on the third floor Prosecutor s Office which are aged and in need of replacement. b. Abenroth will have carryover dollars of roughly $20,000 from his FY2017 Budget. He would like to use those funds this fiscal year to replace the windows. NuVu Glass measured the windows to prepare a quote. Global Surveillance, who has done all the keyless entries in the county, will provide a bid for the front and back door of the Prosecuting Attorney s Office. c. McMurray informed the board that there are windows on the second floor that need to be replaced as well. d. Christensen felt the first-floor restroom is more of a luxury than a necessity. The building is 80 years old and there is less traffic than there was ten years ago. He understands it would be a convenience but he does not see it as a high priority. e. McMurray informed the board that the Administration Office has received one complete bid along with a partial bid, and expect to receive another bid from a contractor this week. 5 P a g e

6 SCHEDULED AGENDA ITEMS 20) 9:07 AM Treasurer s Office work week hours a. Cassia County Treasurer s Office is currently working a 37.5 hour work week and Justesen does not see the need for the Treasurer s Office to move to a 40 hour work week at the taxpayer s expense. b. Justesen requested to keep her office at 37.5 hours. The Treasurer s Office does not have an issue with overtime and is currently being paid for the actual hours worked. 9:09 AM Motion: Treasurer's Office Maintain a 37.5 Hour Work Week, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 21) 9:26 AM Public hearing on petition to vacate Lot 8 and Lot 2 of the Billene Park Subdivision 9:26 AM Motion: Enter Public Hearing on Petition to vacate Lot 8 and Lot 2 of the Billene Park Subdivision, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. a. Matt Darrington presented documentation to the board. b. Berkley Orton is the current property owner of Lot 1, which was a part of the Billene Park Subdivision. That will become the access point to the Summerfield Subdivision. c. Summerfield Subdivision, LLC is owned by Neil King. He has entered into an agreement with Orton for the development of the subdivision. d. All of the notices required by statue have been met. e. Jared Orton met with the Burley Highway District and the Planning and Zoning Board. They have also met all statutory requirements. f. Orton met with the public in that area and a concern expressed by Marcus Ramsey was a fence be put in place on the east side of the subdivision. Ramsey s home is roughly seven feet away from the property line. Orton planned to put up a fence and Ramsey s are in full support of the subdivision. g. The subdivision will function with well water and a septic system. There will also be a central irrigation system for each lot. King currently has a pump on the back canal that they will tie into for irrigation water. 9:34 AM Motion: Petition to vacate Lot 8 and Lot 2 of the Billene Park Subdivision, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9:34 AM Motion: Exit Public Hearing on Petition to vacate Lot 8 and Lot 2 of the Billene Park Subdivision, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 6 P a g e

7 22) 9:36 AM Review and Execute Summerfield Acres Subdivision Plat a. McMurray reported that the vacated Lot 8 and Lot 2 of the Billene Park Subdivision is proposed to become Lot 1 of Summerfield Acres Subdivision. b. The matter was presented to the Planning and Zoning Board and it was determined it meets the requirements of the Cassia County Subdivision ordinance. 9:39 AM Motion: Execution of the Summerfield Acres Subdivision Plat, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 23) 9:41 AM Discuss proposed purchase of a horse trailer and four wheeler for the Weed and Pest Department a. Weed and Pest Supervisor, Michael Ottley requested permission to purchase a 1995 Travel sixplace Horse trailer for $6, The trailer includes a tack room in the front to store saddles, bridles, and additional equipment. b. They are currently renting a horse trailer and Ottley expressed concern regarding liability. c. Darrington asked about the horse owner s hauling their own animals, as a contractor generally hauls and delivers their own tools of trade or equipment. Ottley informed the board that the owners did not wish to haul their own animals to the job site. d. Ottley informed the board they are currently expending $2, to $3, in trailer rental annually. A new trailer of this model and size is currently selling for $20, to $25, :49 AM Motion: Purchase of a used horse trailer in the amount of $6, as presented, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. e. Ottley received a bid from Let s Ride in Rupert, Idaho for a 2018 Can Am in the amount of $6, f. He said they have generated $25, in revenue of non-blm funds. 9:53 AM Motion: Purchase of four-wheeler in the amount of $6, as presented, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. g. Christensen encouraged the Weed and Pest Department to cooperate with the Board in spraying the County grounds for weed control. h. Ottley informed the board that he is not certified/licensed to spray lawn or ornamental treatments. Ottley has communicated with Craig Munoz and informed him what he can use for the county lawns. Ottley stated that to be certified or licensed to spray the county lawn, he would have to be certified. 24) 10:00 AM Review and approve placement of lien on taxes on George Bill Kelly for unpaid charges for weed enforcement a. Kelly s property in question with unpaid charges for weed enforcement is located northeast of Albion. 7 P a g e

8 b. Ottley attempted on numerous occasions to advise George Bill Kelly of the necessity for weeds on his property to be sprayed. Ottley treated the property on 5/22/2017 and 5/23/2017. He then returned for clean up on 6/6/2017. c. Ottley sent a letter of enforcement to Kelly and the mailing was signed as received on 4/12/2017. Ottley sent two notices to Kelly in both June and July of this year. d. Ottley stated that all statutory requirements have been satisfied. 10:07 AM Motion: Placement of lien on taxes for George Bill Kelly to cover unpaid charges for weed enforcement as proposed by Weed and Pest Supervisor Michael Ottley, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 25) 10:10 AM Review Catering Permit and Alcoholic Beverage License for approval: a. The board recorded for the purpose of a verbatim record the deliberations for Alcoholic Beverage license and catering permits. b. Catering Permit Live a Little Productions catering event at the Cassia County Fairgrounds for the Monster Truck Rally on 9/16/2017 i. Live a Little Productions had not paid for security for the event being held at the County Fairgrounds. ii. They were contacted by Sheriff Heward and he was informed they would like to cancel the catering permit as they determined to not sell alcohol. c. Catering Permit Spud Cellar catering event at Burley Boat Docks for the Chamber of Commerce on 9/11/2017 d. Catering Permit Spud Cellar catering event for First Federal Bank at their facility on 9/19/2017 e. Alcoholic Beverage License Snake River Queen 10:18 AM Motion: Approve Catering Permits for Spud Cellar Inc. events on 9/11/2017 and 9/19/2017, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 10:19 AM Motion: Snake River Queen Alcoholic Beverage License, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 26) 10:20 AM Executive Session (for the purpose of discussing employee matters) pursuant Idaho Code (1) (a) or (b) 10:20 AM Motion: To consider records that are exempt from public disclosure for the discussing employee matters, Action: Enter Executive Session under Idaho Code (1) (b), Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). 11:16 AM Upon exit of Executive Session, the board took the matter under review. 8 P a g e

9 27) 11:38 AM Executive Session (for the purpose of discussing indigent matters) 11:35 AM Motion: To consider records that are exempt from public disclosure for the discussing indigent matters, Action: Enter Executive Session under Idaho Code (1) (d), Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). Yes: Tim Darrington - Member, Bob Kunau - Chair, Paul Christensen - Member. 11:54 AM Motion: Recommendations of the Social Services Director regarding indigent matters, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 28) 12:47 PM Adjourn 12:47 PM Motion: Adjourn, Action: Approved, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9 P a g e

10 APPROVED: /s/ Bob Kunau, Chair DEPUTY CLERK OF THE BOARD: /s/ Hilaree Young 10 P a g e

11 11 P a g e COUNTY EXPENDITURES ATTACHMENT

12 COUNTY EXPENDITURES 9/11/2017 DEPARTMENT FUND/DEPT AMOUNT 104 Current COUNTY COMMISSIONERS $ Expense AUDITOR & RECORDER $ Fund TREASURER $1, ASSESSOR $1, PUBLIC DEFENDER $2, AGRICULTURAL EXTENSION $1, COUNTY BUILDING $3, JUDICIAL CENTER $1, BOARD OF HEALTH $20, PLANNING & ZONING $ GENERAL $8, CIVIL DEFENSE $ COUNTY ELECTIONS $0.00 LAW ENFORCEMENT BUILDING $1, COUNTY ADMINISTRATION $1, VETERANS SERVICE OFFICER $0.00 CURRENT EXPENSE FUND TOTAL $43, Dedicated SOCIAL SERVICES $3, Funds CONFLICT INDIGENT DEFENDER $6, CASSIA COUNTY COURTS $4, COUNTY ROAD & BRIDGE $2, WEED & PEST $9, SOLID WASTE $5, AMBULANCE SERVICE $0.00 FAIR EXHIBITS $10, HISTORICAL SOCIETY $0.00 COMMUNITY COLLEGE $0.00 REVALUATION $ COMMUNICATIONS $4, CONSOLIDATED ELECTIONS $0.00 COUNTY WATERWAYS $ COUNTY SNOWMOBILE $ ASSESSOR TRUST $ 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 $ PHYSICAL FACILITIES $ JAIL COMMISSARY FUND $50.00 ADULT MISDEMEANOR PROBATION TRUST $0.00 ADULT MISDEMEANOR PROBATION $11, VIOLENT PREDATOR ACCOUNT $0.00 BOX ELDER COUNTY BOOKMOBILE $0.00 WIDOW BENEFIT TRUST $0.00 DEDICATED FUNDS TOTAL $60, Justice JUSTICE FUND $ Fund CLERK OF THE DISTRICT COURT $0.00 MINI-CASSIA JUVENILE PROBATION $0.00 PROSECUTING ATTORNEY $2, CORONER $ SHERIFF - PATROL $2, SHERIFF - INVESTIGATIONS $ SHERIFF - DISPATCH $28.02 SHERIFF - ADMINISTRATION $ MINI-CASSIA CRIMINAL JUSTICE CENTER $36, MINI-CASSIA JUVENILE DETENTION CENTER $0.00 SHERIFF - PATROL (City of Burley) $4, SHERIFF - INVESTIGATIONS (City of Burley) $ SHERIFF - ADMINISTRATION (City of Burley) $26.73 Rev. 2017_04_28 JUSTICE FUND TOTAL $49, TOTAL EXPENDITURES $153,744.27

13 13 P a g e ATTENDANCE LOG ATTACHMENT

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