October 28, 2013, Emmett, Idaho Pursuant to a recess taken on October 22, 2013, the Board of Commissioners of Gem County, Idaho, met in regular session this 28th day of October, 2013, at 8:00 a.m. Present: Carlos Bilbao Lan Smith Mark Rekow Leandra Rountree Chairman Commissioner Commissioner Deputy Clerk Whereupon the following proceedings were had, to-wit: October 28, 2013 The Pledge of Allegiance was said. DEVELOPMENT SERVICES UPDATE: Planning Director Brad Clark met with the Commissioners to provide an update for his department. TAX DEED PUBLIC HEARING: While being recorded, a tax deed public hearing was held. Treasurer Connie Goins reviewed the parcels the county will acquire on tax deed. Those parcels include RP00239228 owned by Gridiron Development LLC, RP00112200 owned by Ted Melvin Partlow Jr. The remaining parcels are: RPE12250010250, RPE12250050220, RPE12250050310, RPE12250050320, RPE12250050330, RPE12250060290, RPE12250060300, RPE12250060310, RPE12250060350, RPE12250060440, RPE12250060470, RPE12250060480, RPE12250060500, RP00239201, RP00239204, RP00239206, RP00239207, RP00239212, RP00239213, RP00239214, RP00239215, RP00239216, RP00239223, RP00239226, RP00239227, RP00239229 all owned by DBC Investment LLC. Deputy Prosecuting Attorney Tim McNeese advised the Commissioners that tax redemption deeds not be issued today pending the termination of the rights and interests of all of the investors who qualify to redeem. Martin Ricks spoke on behalf of the investors from DBC Investment LLC. He provided a brief overview of the history of the property. He stated that they have lost most of the investors in the project. There were originally 77 investors and currently there are only 7 left. They were notified that there would be a tax deed
sale but that there would not be a deed issued. They disagree with that decision. They are a party of interest and they feel that they have a right to redeem the property in their own names rather than DBC Investment LLC. They don t know what the problems are but they want to work with the county to eliminate the problems and get through the redemption process. They are hoping to get a tax deed today. Commissioner Smith spoke regarding the deed. He feels if it is redeemed the deed should stay in the same name. Mike Dondero stated that is prior to it going to tax deed it stays within the same name, but once it s been transferred into Gem County s name then he feels it can be transferred into their names. They feel the other 69 people have abandoned the property. Treasurer Connie Goins clarified recording a deed in a person s name. She explained the process. In the past the deed is recorded into Gem County s name. After that it opens up the redemption right. The owner or the party of interest can then redeem the property by paying all of back taxes. Commissioner Bilbao stated that this a complicated issue that they need to take under advisement. Commissioner Smith stated that his concern is for the County. If they allow the redemption to occur and it goes into only a few names and one of the other owners comes back there could be some liability to the County. Martin Ricks stated that they would be willing to hold the property for a year and allow that time frame to run out. At that point it would satisfy the rights of the other investors. Randy Howell stated that he understands the law to say it is first come first serve basis and the Commissioners have the right to extinguish the redemption period. Treasurer Connie Goins stated that they do have the documentation that all of the investors have been notified, but some were returned as undeliverable. Commissioner Smith made a motion to tax deed parcel numbers RP00239228 and RP00112200 and continue the hearing on the remainder of the parcels to November 12 th at 9:00 a.m. It was seconded by Commissioner Rekow and carried INDIGENT HEARING 14-015: At 10:03 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Smith and carried unanimously to go into executive session under
Idaho Code 67-2345(1)(d) for indigent matters with a roll call vote as follows: Commissioner Rekow, aye, Commissioner Bilbao, aye, and Commissioner Smith, aye. Deputy Clerk Leandra Rountree and the applicant were sworn in. The hospital representative was present. The case file was entered into the record as Exhibit A. Regular session reconvened at 10:18 a.m. A motion was made by Commissioner Smith to overturn the previous decision on 14-015 and accept the claim. It was seconded by Commissioner Rekow and carried INDIGENT APPLICATIONS: At 11:15 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Smith and carried unanimously to go into executive session under Idaho Code 67-2345(1)(d) for indigent matters with a roll call vote as follows: Commissioner Rekow, aye, Commissioner Bilbao, aye and Commissioner Smith, aye. 14-028 Medical Application 14-024 Notice of Hearing 13-080 Release of Lien 14-008 Release of Lien 14-009 Release of Lien 14-010 Release of Lien 14-012 Release of Lien 14-013 Release of Lien After reconvening in regular session at 11:25 a.m. a motion was made by Commissioner Bilbao to approve case 14-028, sign notice of hearing on 14-024, and sign release of lien on 13-080, 14-008, 14-009, 14-010, 14-012, and 14-013. The motion was seconded by Commissioner Rekow and carried EMERGENCY FEE INCREASE PUBLIC HEARING: Rick Welch and Bill Arsenault met with the Commissioners for a public hearing for the purpose of increasing Emergency Medical Services fees. There were no members of the public present. Commissioner Bilbao read the public notice into the record. Bill Arsenault reviewed the proposed billing guide. He stated there are three main reasons for the increased fees. Higher call volume, higher level of service with a more solid response, and the fact that we are not a taxing district. Commissioner Smith made a motion to close the public
hearing. It was seconded by Commissioner Rekow and carried Commissioner Smith made a motion to adopt resolution 2014-03 and adopt the fees as presented. It was seconded by Commissioner Rekow and carried 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. County Annual Juvenile report to the Idaho Department of Juvenile Corrections, B. request for funds to be transferred from General Fund Legal Services to Prosecuting Attorney Secretarial Salaries line, C. request for use of Legal Services funds for Trial Litigation, and D. Certificate of Residency for Jessica Green, Kassandra Watson, Lacey Waller, Claude Simmons, Jennifer Kominek, Falyn Henry, Traya Zufelt, Kayla Hayes, and Kathryn Cannon. Commissioner Smith made a motion to approve items A. through D. on the consent agenda. It was seconded by Commissioner Rekow and carried MINUTES: The minutes of October 21 & 22, 2013 were reviewed. A motion was made by Commissioner Rekow to approve the minutes of October 21 & 22, 2013 as amended. It was seconded by Commissioner Smith and carried CLAIMS: The claims presented were reviewed. A motion was made by Commissioner Smith to approve the claims as initialed on the individual claim forms for fiscal year 2013 and 2014. It was seconded by Commissioner Rekow and carried Commissioner Smith made a motion to approve the Indigent claims as presented. It was seconded by Commissioner Rekow and carried WICAP HOMEMAKER PROGRAM: Karen Hoffer met with the Commissioners to provide an update for the Homemaker Program. WILTON ESTATE RP00183201 TAX DEED PROPERTY OFFER: Commissioner Smith made a motion to approve the offer on parcel number RP00183201 for $300.00. It was seconded by Commissioner Rekow and carried The Commissioners instructed Treasurer Connie Goins to
notify Susanne Ames that her offer has been accepted. ADMINISTRATIVE TIME: The Commissioners worked on administrative issues. SWEET OPEN FORUM: The Commissioners held an open forum in Sweet. Those in attendance included Commissioners Bilbao and Rekow and Clerk Tilton along with three members of the public. Topics discussed included the proposed Eagle Motorsports manufacturing project, courthouse remodel, fairgrounds bleachers, budget, Park & Ride Lot, upcoming murder trial, college tuition, medical indigency and the Affordable Health Care Act, Ola Road rehabilitation and the purchase of an excavator to be shared between the Road Department and Landfill. The Board recessed at 8:20 p.m. to 8:00 a.m. on November 4, 2013. Attest: Clerk Approved: Chairman