June 12 & 13, 2006, Emmett, Idaho Pursuant to a recess taken on June 5, 2006, the Board of Commissioners of Gem County, Idaho, met in regular session this 12 th & 13 th day of June, 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: June 12, 2006 Pledge of Allegiance was said. PROPERTY ACQUISITION: After prior discussion with other elected officials, on June 5, 2006, the Commissioners made a decision to lease/purchase property on the SE corner of Main Street and Hayes Avenue, Emmett. A motion was made by Commissioner Smith, seconded by Commissioner Sherrer, and carried unanimously to authorize Commissioner Sherrer to work on final details of the property acquisition agreement. (Commissioner Pratt was in participated by conference call.) ELECTED OFFICIALS: Elected Officials in attendance at the meeting were Commissioners Pratt, Sherrer, and Smith, Clerk Howard, Assessor Greg Himes, Treasurer Connie Goins, and Prosecuting Attorney Timothy Fleming. Topics of discussion were a report on the IACC Conference, property evaluations, Butte Road bridge being put on the Gem Island Sports Complex walking trail, a County property lease/purchase agreement. INDIGENT APPLICATIONS: A motion was made by Commissioner Sherrer, seconded by Commissioner Smith, and carried unanimously to go into executive session under Idaho Code 67-2345(1)(d). Deputy Clerk Tiffany Sulgrove presented the following indigent applications: 06-057 Application for medical assistance. 06-053 Review of previous application. 06-062 Needed a statutory lien signed. 06-042 Needed a release of lien signed. 06-060 Needed an Order of Dismissal signed. 06-030 Needed a Decision and Order for denial signed A motion was made by Commissioner Sherrer, seconded by Commissioner Smith, and carried unanimously to come out of executive session. A motion was made by Commissioner Smith to deny 06-057 because of incomplete application and no cooperation, to uphold the previous denial of 06-053 because of no emergency, to sign a statutory lien for 06-062, to sign a Release of Lien for 06-042, to sign an Order of Dismissal for 06-060, and to sign the
Decision and Order for denial for 06-030. It was seconded by Commissioner Sherrer and carried unanimously. 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 to approve the consent agenda, which included a contract with Timothy S. Folke as the outside auditor for FY2007, amended alcoholic beverage licenses to include retail wine for Maverik Country Stores and for Stinker Station, confirmation of the appointment of Harold Tolmie to the Southwest District Board of Health, the designation of 15% to 20% of the safety net full payment amount of the Craig/Wyden dollars to be allocated to local projects, and the Remote Access Agreement with Alliance Title & Escrow Corp. It was seconded by Commissioner Smith and carried unanimously. INDIGENT APPEAL HEARING: In closed session and being taperecorded, the continuation of an appeal hearing was held for Indigence Case 06-026. Those in attendance were Commissioners Pratt, Sherrer, and Smith, Deputy Clerk Tiffani Sulgrove, Deputy Prosecuting Attorney David Hargraves, and the applicant. The hearing was closed and no decision was made. TAX DEED HEARING: Treasurer Connie Goins met with the Commissioners for a tax deed hearing for one property. They have followed Idaho Code procedure for taking a tax deed. The parcel taken in tax deed and directed through motion by Commissioner Smith, seconded by Commissioner Sherrer, and carried unanimously to record with the Clerk's Office was RP 00332600. DEPARTMENT HEAD REPORTS: Dennis Pulley, Road & Bridge Supervisor, said they have been doing a lot of patching and stock-piling of chips. They are getting Gem Island Sports Complex ready for the Butte Road bridge that should be delivered this month. Morris Huffman, Economic Development Specialist, presented a CEDS report. He reported that applications for rural broadband extension grants are due by June 23. He said that the Idaho Small Business Advantage is available to any business that make $500,000 plus investment in new plant and building facilities in Idaho and hires at least 10 new qualified employees. Jake Wyant, Noxious Weed Supervisor, reported they have half of the Airport pond treated. The Sweet-Ola Toad Flax project discovered a lot less weeds than last year. He went over his schedule of shared community/land owner projects. He will spray the weeds at Shadow Butte Industrial Park on the road area and piles of excess dirt. Martin Joyce, Landfill Supervisor, reported there was a fire in the transfer truck today, but it was handled. Free tire day went very smoothly. They took in over 2,500 tires. One of his loader tires blew out, so he will need to replace one. An injector seal went out in the transfer truck. Brad Hawkins-Clark, Planning Director, said they are two weeks and counting for the close of the land use moratorium.
They have drafted new application forms. They have four applications on the post-moratorium list. The draft subdivision ordinance with staff comments is done and will be coming to the Commissioners. They are training in enforcement. Janelle Schnieder, Juvenile Probation Officer, reported they have 85 kids on probation with 8 new petitions. Two were serving detention time. She reported the meetings and training she attended during the month. Starting July 1, bullying at school is an infraction. Mark Rekow, Ambulance Director, reported collecting $19,802.91. They had 65 transports and 19 non-transport calls. Fire District No. 2 is working on details to provide EMS services within their area. It is recommended that an MOU be made with Gem County EMS. He would like to make use of a collection agency for some delinquent billings. Terry Gammel, Building Official, presented a report on his last month s permits and inspections. He had the County vehicle repaired, which was done at the City of Emmett shop. Will Cook, County Extension Agent, reported that they have been busy with the free lunch program and other programs while getting ready for the Fair. Jason Kinley, Mosquito Abatement District Director, stated that Gem County has found West Nile Virus infected mosquitoes in Gem County. He went over his report of all of the species of mosquitoes found. He has us as level 4 for any breakout of West Nile Virus. He is keeping good surveillance to know if there will be any emergency abatement needed. MOSQUITO BOARD MEMBER INTERVIEW: An interview was held for an opening in the Mosquito Abatement Board. No decisions were made. The Board recessed at 5:00 p.m. to 8:00 a.m. on June 13, 2006. June 13, 2006 Commissioner Smith was not in attendance this day. CITY/COUNTY MEETING: On June 12, 2006, at 5:00 p.m. at the Emmett City Hall, a joint City/County meeting was held. Those City officials in attendance were Mayor Marilyn Lorenzen, Clerk Marge Lawrence, and Councilmen Dennis White, John Rogers, Mike Stout, Kathy Agenbroard, and Bill Butticci. The County officials in attendance were Commissioners Smith, Sherrer, and Pratt, and Clerk Howard. Topics of discussion were: City/County Development Services agreement, Building Inspector contract review, Industrial Park services agreement, Street Naming Committee, development of river frontage, bylaws for a Joint City/County Planning Commission, and a tax deeded property. LIQUOR CATERING PERMIT: A motion was made by Commissioner Sherrer, seconded by Commissioner Pratt, and carried unanimously to approve an Idaho Liquor Catering Permit for John and Wayne s Steakhouse to cater for the Senior Pro Rodeo at the Gem County Fairgrounds on June 16, 2006.
NEW TECHNOLOGY UPDATE COMPUTER ARTS: Alan Hunt from Computer Arts Corporation met with the Commissioners to discuss a proposal for updating some of the County s computer hardware/software. The total cost would be $13,958.49, hours required. Alan suggested that there be a technology committee formed to organize the needs of the County. PUBLIC WALK-IN AND INPUT: William Smith asked about the ordinance requiring a community well in the Bonnie Laura Subdivision. The community well in his subdivision of 26 homes is continually having problems. He would like a variance to put in his own well. Terry Riemenapp, E. Gatfield Road, Montour, asked that the speed limit on her road be reduced from 50 mph to 35 mph and asked that jake brakes be prohibited. There is a gravel pit above her home and the trucks are causing a lot of dust. They have filed a complaint with Planning and Zoning concerning the dust and the DEQ clean air requirement. Terry Phillips asked about the decision of the vacation of the easement at Pickett Corral. He will visit with the Prosecuting Attorney s Office. Valerie Wilson asked about the splits on Calhoun property. There were no deeds recorded. The Commissioners will visit with the Planner Director. Fe Burnham is asking for a resolution on the Black Canyon Canal Road easement. The owner of the property with the easement, Tim Wagnon is refusing to allow them to walk on the easement. They have received permission from the canal company to walk on the road. They feel that they are getting no protection from the Sheriff s Office nor help from the Prosecuting Attorney s Office concerning vicious dogs belonging to the property owner. They were told to go to the Attorney General s Office if they feel they are getting no answers from elected officials. Victoria Overton also discussed the ability to walk on the canal road and the harassment of the property owner with the canal road easement on it. Kirk Black, with Kirk s Automotive, stated that there are complaints against his business from the Gem County Commissioners. They do a lot of work for County agencies. The Commissioners could not produce any complaints. There have been no violation letters from Planning and Zoning. Until that happens, there should be no reason for concern. Jake Jensen and Tracy Walton presented petitions for withdrawal of certain properties from Fire Protection District No. 1 to start the process for withdrawal. Jake Lemon met to follow up on his comments at the City/County meeting last night. The State statutes only protect owners of 5 acres or more from being annexed into the City without the owners consent. He intends to keep working on protection for the property owners with less than five acres. He would like the Commissioners, as his elected representatives, to incorporate into the agreement they already have with the City, language that would provide for a development agreement for annexation. This would be part of the Joint Comprehensive Plan. PROSECUTING ATTORNEY MATTERS: Deputy Prosecuting Attorneys
Richard Linville and David Hargraves met with the Commissioners concerning legal matters. The Board recessed at 12:00 p.m. for lunch to reconvene at 1:00 MOTEL FEASIBILITY STUDY: Economic Development Specialist Morris Huffman and Shawn Charters, from Community Partners, met with the Commissioners concerning the Motel Feasibility Study. One RFP has been received for $35,000. It was $12,000 more than the budget of $23,000. They would do the first phase for $23,000. They need a retainer amount before the study is done, which would be refunded after the project is finished. The entities of Gem County, Idaho City, and the City of Emmett would pay their amounts and Gem County would front the remainder of $8,500 for the grant retainer amount of $11,500, which would be reimbursed after the project is completed. CLAIMS: The claims presented were reviewed. A motion was made by Commissioner Sherrer to pay the claims as presented and noted on the Claims Report Form. It was seconded by Commissioner Pratt and carried unanimously. The Board recessed at 5:00 p.m. to 8:00 a.m. on June 19, 2006 CLAIMS FOR THE FOLLOWING FUNDS WITH WARRANTS WRITTEN May 1 through May 31, 2006: CURRENT EXPENSE FUND...................... $ 227,838.20 ROAD & BRIDGE FUND............................ 165,792.26 CIGARETTE TAX/BLOCK GRANT..................... 5,268.00 DISTRICT COURT FUND............................ 18,129.46 COUNTY FAIR FUND............................ 2,418.09 COUNTY JUSTICE FUND............................ 158,480.91 FAIR, GROUNDS & BUILDINGS FUND................ 2,600.27 III HEALTH DISTRICT FUND...................... 6,206.00 INDIGENT........................................ 20,081.50 JUNIOR COLLEGE TUITION FUND................ 900.00 ENHANCED 911.................................. 1,243.65 REVALUATION FUND............................ 13,337.07 SOLID WASTE FUND............................ 31,840.64 NOXIOUS WEED FUND........................... 10,495.31 WATERWAYS.................................. 196.13 INSURANCE POOL.................................. 4,651.87 AMBULANCE FUND............................ 17,555.51 TOTAL $ 687,034.87 Attest: Clerk Approved: Chairman