September 06, 2016, Emmett, Idaho Pursuant to a recess taken on August 23, 2016, the Board of Commissioners of Gem County, Idaho, met in regular session this 6th day of September, 2016, at 8:00 a.m. Present: Mark Rekow Bill Butticci Bryan Elliott Shelly Tilton Chairman Commissioner Commissioner Clerk Whereupon the following proceedings were had, to-wit: September 6, 2016 The Pledge of Allegiance was said. ADMINISTRATIVE TIME: The Commissioners worked on administrative matters. ROAD DEPARTMENT UPDATE: Road Supervisor Neal Capps met with the Commissioners to discuss Road Department matters. DEVELOPMENT SERVICES UPDATE: Development Services Director Jennifer Kharrl met with the Commissioners to discuss planning and zoning matters. PUBLIC WALK-IN: James Maddelina met with the Commissioners to discuss concerns he has with a neighbor who has a trucking company in a subdivision on the bench. He believes the truck is being slept in and the maintenance being done on the truck and toxic materials are being burned causing health issues for neighbors. He said a neighbor was found deceased two days after smoke from the truck had filled the neighbor s house. He said that oil from truck maintenance is being dumped near wells. In speaking with the truck owner, James was told there is a drum in the ground that catches the oil. Business licenses were discussed; James stated he had been told that a business license is not required in the county. The Commissioners will investigate the concerns. Robert Oxarango met with the Commissioners to discuss VanDeusen Road. He said the base is coming up and the road is rough. When it is graded it is good for a few days. He said the material that was put on this spring worked much
better. Road Supervisor Neal Capps said that he would like to add gravel and magnesium chloride to the corner and the hill to see if that makes a difference. Robert wondered about a long term plan, he would like to see the road paved. Costs and types of road maintenance were discussed as well as types of traffic and the effects of speed on the road. Robert understood that paving and maintenance would be cost prohibitive. Vacating the portion of the road that is a shortcut was discussed. Paving the road is not currently part of the long term plan. Janet Monti with the Messenger Index met with the Commissioners to discuss county matters. Topics discussed included Gas & Oil timeframes, alcohol beverage licenses, bleachers at the Gem Community Sports Complex, Gilliam Shadow Butte Industrial Park settlement and the hospital budget and board meetings. INDIGENT APPLICATIONS: At 11:12 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Elliott and carried unanimously to go into executive session under Idaho Code 74-206(1)(d) for indigent matters with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye and Commissioner Rekow, aye. 16-036 Medical Application Amended 16-037 Medical Application 16-038 Medical Application 16-039 Medical Application 16-041 Medical Application 16-033 Notice of Lien 16-046 Notice of Lien 05-046 Pay Off Letter 05-046 Release of Lien 16-023 Release of Lien 14-077 CAT Assignment 14-086 CAT Assignment 14-087 CAT Assignment 14-098 CAT Assignment 14-109 CAT Assignment 14-115 CAT Assignment 14-117 CAT Assignment 15-020 CAT Assignment 15-032 CAT Assignment 15-035 CAT Assignment 15-042 CAT Assignment 15-046 CAT Assignment
15-053 CAT Assignment 15-055 CAT Assignment Regular session reconvened at 11:30 a.m. A motion was made by Commissioner Butticci on case 16-036 to amend approval; on case 16-037 to deny because due to being unable to determine indigency, unable to determine if the county is the last resource and applicant failed to cooperate with the county; on case 16-038 due to being unable to determine indigency, unable to determine if the county is the last resource, applicant failed to appear for interview and applicant failed to cooperate with the county; on case 16-039 to approve; on case 16-041 to deny because applicant is not medically indigent and the county is not the last resource; on cases 16-033 and 16-046 to sign Notice of Liens; on case 05-046 to sign Pay off Letter; on cases 05-046 and 16-023 to sign Release of Lien and on cases 14-077, 14-086, 14-087, 14-098, 14-109, 14-115, 14-117, 15-020, 15-032, 15-035, 15-042, 15-046, 15-053 and 15-055 to sign Catastrophic Assignment for the state. It was seconded by Commissioner Elliott and carried unanimously. PROSECUTING ATTORNEY MATTERS: Deputy Prosecutors Erick Thompson and Tim McNeese met with the Commissioners to discuss legal matters. An easement encroachment at the industrial park was discussed. At 11:37 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Elliott and carried unanimously to go into executive session under Idaho Code 74-206(1)(f) for pending litigation with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye and Commissioner Rekow, aye. Regular session convened at 11:56 a.m. The Commissioners recessed at 12:00 p.m. for lunch to reconvene at 1:15 p.m. CONSENT AGENDA: Items on the consent agenda included A. Certificate of Residency for Cynthia Burks, Rob Burks, Colton Holste, Kaycee Thiel, Sierra Andrews, Maggie Mathews, Tobias Demaray, Taylor Dunn, Erika Bedard, Alejandro Segura and Dawna Brown, B. Request for Tax and/or Fee Cancellation for Parcel RP06N02W271238, C. Idaho Liquor
Catering Permit for O Michaels Pub & Grill at 4 th Street Gardens on September 10, 2016, D. Idaho Liquor Catering Permit for Gem Lounge at the Gem County Fairgrounds on September 10, 2016, E. Idaho Liquor Catering Permit for the Curb Bar & Grill at 4 th Street Gardens on September 17, 2016, F. Idaho Liquor Catering Permit for Carniceria Coalcoman LLC at the Fairgrounds on September 11, 2016, G. Fiscal Year 2017 Juvenile Detention Housing Agreement with Canyon County, H. Geographic Information System Data Product Agreement with Yardi Systems Inc. I. Gilliam Shadow Butte Industrial Park Settlement and Release Agreement and Payment Authorization, J. Notice to Terminate Contract and Release of Ernest Money for 2598 and 2606 W. Success Way in the Shadow Butte Industrial Park, K. Broker Agreement Addendum #1 to Cancel Listing of 2598 W. Success Way in the Shadow Butte Industrial Park, L. Broker Agreement Addendum #1 to Cancel Listing of 2602 W. Success Way in the Shadow Butte Industrial Park, M. Permission for Emmett Valley Association of Realtors to Build and Place Stadium Bleachers on the Gem Community Sports Complex (Island), N. Butte Acres Minor Subdivision, O. Quote and Purchase Order for 2016 John Deere 850K Crawler Dozer for the Landfill, P. Business Associate Agreement Between Gem County EMS and Systems Design West, LLC for EMS Billing Services, Q. Professional Services Agreement for EMS Billing Services, R. Letter to the Boise National Forest Supervisor Requesting Pioneer Fire Salvage Harvest, S. Idaho Liquor Catering Permit for Tricycle LLC At 4 th Street Gardens on September 24, 2016, T. Idaho Office of Emergency Management Performance Grant and U. Decision and Order for Approval for Echevarria Estates Subdivision. the consent agenda for September 6, 2016 items A. L. and O. U. and remove items M. and N. for discussion. It was seconded by Commissioner Elliott and carried unanimously. While being recorded, Butte Acres Minor Subdivision was discussed, which was item N. on the consent agenda. Development Services Director Jennifer Kharrl discussed the administrative review hearing that was held on the Butte Acres Minor Subdivision. She stated that the application meets the requirements for a 2 lot subdivision. Butticci explained that if the applicant meets the requirements they don t see grounds for the application to be denied. Commissioner Elliott said he understands the concerns, however agrees that if the requirements have been met there
is not a reason to deny. Commissioner Butticci suggested that the legal department review the application to ensure all compliance. The Commissioners will request review and add it to next week s consent agenda. Street addressing and use of the road for triathlons and other such events were discussed. It was pointed out that a finding may be missing from the decision; Jennifer will check into that and make a correction. The Commissioners reviewed the request Emmett Valley Association of Realtors to build and place stadium bleachers on the Gem Community Sports Complex (Island) which was item M. on the consent agenda. Bleacher specifications were reviewed. A motion was made by Commissioner Elliott to approve item M. on the consent agenda. It was seconded by Commissioner Butticci and carried unanimously. MINUTES: The minutes from August 22 & 23, 2016 were reviewed. Commissioner Rekow made a motion to approve the minutes from August 22 & 23, 2016 as amended. It was seconded by Commissioner Elliott and carried unanimously. FISCAL YEAR 2016 BUDGET ADJUSTMENT PUBLIC HEARING: While being recorded a public hearing was held to adjust the fiscal year 2016 budget. Road Department Supervisor Neal Capps attended; no members of the public attended. Commissioner Rekow opened the hearing by reading the public hearing notice. Clerk Tilton reviewed the budget adjustments. A motion was made by Commissioner Butticci to close the public hearing. It was seconded by Commissioner Elliott and carried unanimously. A motion was made by Commissioner Butticci to accept the amended budget by Gem County Resolution 2016-11. It was seconded by Commissioner Elliott and carried unanimously. ALCOHOLIC BEVERAGE LICENSE FOR THE KITCHEN EATERY: While being recorded the Commissioners reviewed and discussed an alcoholic beverage license for the Kitchen Eatery. The application requested beer to be consumed on and off premise and wine by the drink. Co-owner Jeff Wishman attended. the retail alcohol beverage license for the Kitchen Eatery located at 1007 S. Washington Avenue as presented. It was
seconded by Commissioner Elliott and carried unanimously. LITTLE REZONE PUBLIC HEARING: While being recorded a public hearing was held regarding a rezone application by David and Kelsey Little. Development Services Director Jennifer Kharrl and applicant David Little attended. Jennifer discussed the rezone application. Five acres will be broken out of an approximate 25 acre parcel. A motion was made by Commissioner Butticci to close the public hearing. It was seconded by Commissioner Elliott and carried unanimously. the rezone of application RZ-16-002 for David and Kelsey Little from A1 to A2 based on recommendations from the Zoning Commission that it meets the Gem Community Comprehensive Plan and Zoning Ordinance. It was seconded by Commissioner Elliott and carried unanimously. A Liquor Catering Permit application was received from Three Bees LLC dba Gem Lounge for a class reunion at the fairgrounds this weekend. A motion was made by Commissioner Rekow to add the catering permit to the agenda due to timeliness of the event. It was seconded by Commissioner Butticci and carried unanimously. A motion was made by Commissioner Rekow to approve the catering permit for Gem Lounge. It was seconded by Commissioner Elliott and carried unanimously. JDG ENTERPRISES LIQUOR LICENSE TRANSFER FROM DON S MARKET AND TESORO GASOLINE: While being recorded the Commissioners reviewed a request to transfer liquor license from Don s Market to JDG Enterprises. The applicant, Cheryl Guerrero attended. the retail liquor license for JDG Enterprises located at 1515 E. Main Street as presented. It was seconded by Commissioner Elliott and carried unanimously. GEM DRAINAGE DISTRICT LEGISLATIVE SERVICES REPORTING NON- COMPLIANCE: Clerk Tilton discussed the Legislative Services reporting requirements and the penalties for districts who are non-compliant. The Commissioners requested the Clerk send a letter to Gem Drainage to set a meeting to discuss measures for the district to become compliant.
The Board recessed at 5:00 p.m. to 8:00 a.m. on September 12, 2016. Approved: Chairman Attest: Clerk