August 24 & 25, 2015, Emmett, Idaho Pursuant to a recess taken on August 18, 2015, the Board of Commissioners of Gem County, Idaho, met in regular session this 24th day of August, 2015, 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: August 24, 2015 The Pledge of Allegiance was said. PLANNER POSITION INTERVIEW: At 9:01 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)(b) for personnel matters with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye, and Commissioner Rekow, aye. Regular session reconvened at 9:58 a.m. FAIR EMPLOYEE S COMPENSATORY TIME: After talking with the fair employees and determination that the funding was available in the fund to payout the comp time it was decided payout could be done this year on a one-time basis. A motion was approved by Commissioner Butticci to approve a one-time comp time payout in case to the fair employees. It was seconded by Commissioner Elliott and carried unanimously. INDIGENT HEARING 14-086: At 10:31 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 Butticci, aye, Commissioner Elliott, aye and Commissioner Rekow, aye. Deputy Clerk Sarah Wald was sworn in. Neither the applicant nor a representative from the hospital were present. The case files were entered into the record as Exhibit A. Regular session reconvened at 10:34 a.m.
A motion was made by Commissioner Butticci that the board upholds the denial as presented by the clerk. It was seconded by Commissioner Elliott and carried unanimously. INDIGENT APPLICATIONS: At 11:01 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Butticci 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 Butticci, aye, Commissioner Elliott, aye, and Commissioner Rekow, aye. 14-086 Medical Application 15-057 Medical Application Regular session reconvened at 11:07 a.m. A motion was made by Commissioner Elliott to sign an amended approval for case 14-086 and also for case 15-057 to deny because Gem county is not the obligated county. It was seconded by Commissioner Butticci and carried unanimously. PROSECUTING ATTORNEY MATTERS: Prosecutor Linville and Deputy Prosecutor Erick Thompson met with the Commissioners to discuss legal matters. The name change of the hospital was discussed. At 11:55 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Butticci and carried unanimously to go into executive session under Idaho Code 74-206(1)(f) for potential litigation matters with a roll call vote as follows: Commissioner Butticci, aye, Commissioner Elliott, aye, and Commissioner Rekow, aye. Regular session reconvened at 11:57 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 Alejandro Canela Segara, Laure Hershman, Taylor Lewis, Jonathon Duran, Ian Pittman, Kendall Pittman, Giovann Marquez Napoles, Dylan Baeza, Crispin Valdez and Jeffery Brown, B. Liquor Catering Permit for Gem Lounge for August 29, 2015 at 3875 Fuller Road for Ouderkirk Wedding, C. Liquor Catering Permit for Gem Lounge for September 11, 2015 at the 4H Building for Class of 1965 Reunion and D. Local Highway Technical Assistance Council Project Summary Report for Haw Creek Bridge #35. A motion was made by Commissioner Elliott to approve
the consent agenda items A., B., C. and D. as shown on the agenda. It was seconded by Commissioner Butticci and carried unanimously. MINUTES: The minutes were not reviewed. At 1:44 p.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 potential litigation matters with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye, and Commissioner Rekow, aye. Regular session reconvened at 1:50 a.m. CLAIMS REVIEW AND APPROVAL: The claims presented were reviewed. A motion was made by Commissioner Rekow to approve the claims as initialed on the individual claim forms as presented by the Clerk. It was seconded by Commissioner Butticci and carried unanimously. Commissioner Rekow made a motion to approve the Indigent claims as presented by the Clerk. It was seconded by Commissioner Butticci and carried unanimously. PLANNER POSITION INTERVIEW: At 3:34 p.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)(b) for personnel matters with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye, and Commissioner Rekow, aye. Regular session reconvened at 4:28 p.m. DUPLICATE HOMEOWNER S EXEMPTION DISCUSSION: Deputy Assessor Hollie Ann Strang met with the Commissioners to discuss a duplicate homeowner s exemption on parcel RP06N03W362740. It was realized that the homeowner s exemption was not removed from the Gem County property when the owners moved to Ada County and received the exemption on property purchased there. This will be discussed further during a meeting in September. FISCAL YEAR 2016 BUDGET HEARING: While being recorded a public hearing was held to hear comments regarding the proposed fiscal year 2016 county budget. Commissioners Rekow, Butticci and Elliott attended as well as Clerk Tilton, Treasurer Goins, Coroner Buck, Building and Grounds Supervisor Chuck Shambaugh, Road Supervisor Neal Capps,
Landfill Supervisor Martin Joyce, Deputy Clerk/Treasurer/Assessor Megan Keene and Deputy Clerk Leandra Rountree and 4 members of the public. Commissioner Rekow opened the hearing by reading the public hearing notice. Joe Morton discussed funding concerns regarding oil and gas drilling, requesting that funding be cut from various areas to be retained instead for gas and oil consultant advice. He suggested that the Health District expense line be changed from Donations and Contributions to something more suitable as the expenses are required per Idaho code. Joe discussed the response he had received following a request for public records from the Sheriff s office; he would like to see the Sheriff s antiquated system changed. He said the Prosecutor s office has excessive increases for the services provided. He stated that funding the Prosecutor s office when a CAFO and seismic testing is allowed in the county is wrong. He feels the county is being wrongly advised and believes the Commissioners should go directly to the Attorney General s office. A motion was made by Commissioner Butticci to close the public hearing for budget 2016. It was seconded by Commissioner Elliott and carried unanimously. The Commissioners stated that a lot of time and effort has gone into the budget. It is a good working budget within the funds available. County employees are appreciated as well as the concerns of the public. A motion was made by Commissioner Butticci to accept the budget for Gem County for 2016 as proposed. It was seconded by Commissioner Elliott and carried unanimously. The Board recessed at 7:20 p.m. to 8:00 a.m. on August 25, 2015. August 25, 2015 ADMINISTRATIVE TIME: The Commissioners worked on administrative issues. PUBLIC WALK IN: Janet Monti met with the Commissioners to discuss County issues. Topics discussed included the county budget, rumor of new park benches at the Gem Community Sports Complex, the planner position, Idaho Burners event and mass gathering ordinance timeframes.
HOSPITAL UPDATE: Wade Johnson, Nathan Coburn and Brad Turpin with the county hospital Valor Health met with the Commissioners to discuss the hospital. Wade discussed the planned acquisition of Emmett Medical Center by the hospital. He stated that it is a very well run productive practice and discussed transition and physician recruitment to expand and grow the clinic. Electronic medical records will be used. Currently there are 5 physicians in the 3 local clinics; Wade stated the need for the county is 11. Specialty physicians that will have or will be joining the hospital were discussed. Hospital revenues were discussed. Wade stated the overall revenues are growing. Labs have required no major investments, equipment investments will be made in operating rooms. The new building on Fernlee is working out very well; the conference room will be used for community education events. They plan to formalize the facility planning project this year as part of their strategic plan. The recovery center that will be operated by Recovery Idaho as well as behavioral health issues were discussed. A presentation regarding the name change of the hospital will be held on August 31 st at the Courthouse. At 11:26 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)(c) for real estate matters with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye, and Commissioner Rekow, aye. Regular session reconvened at 11:59 p.m. The Commissioners recessed at 12:00 p.m. for lunch to reconvene at 1:15 p.m. INFORMATION TECHNOLOGY TWISTED CABLE WIRING: Bryan Kopp with Computer Arts met with the Commissioners to discuss additional wiring for county IT needs that will be done by Twisted Cable. A motion was made by Commissioner Butticci to accept the Twisted Cable Communications for wiring of the court house for $9,888.31. It was seconded by Commissioner Elliott and carried unanimously. BUILDING INSPECTION POSITION: Jennifer and Brian met with the Commissioners to discuss contracting versus employment
options for the building inspector position. Certification was discussed. AVIMOR SPORTING CLAY FACILITY SPECIAL USE PERMIT (SUP)APPEAL HEARING (CONTINUED): While being recorded an appeal hearing for Avimor Sporting Clay Facility was continued from last week. Commissioners Rekow, Butticci and Elliott attended as well as Clerk Tilton, Road Supervisor Neal Capps and Development Services Coordinator Jennifer Kharrl. Several members of the public attended also. Commissioner Rekow stated that he, Commissioner Butticci and Prosecutor Linville had each seperately driven out and viewed the area. None of the Commissioners have had any exparte communication. Commissioner Butticci said he is in favor of upholding the decision with a condition that wasn t addressed which involves closure of the facility as recommended by the fish and game department to allow game to migrate. He said the first recommendation from the Zoning Commission included gravel on the road which should be included also. Commissioner Elliott said he is in favor of allowing the Special Use Permit also making sure a road mitigation plan is in place. He has no other reservations. Commissioner Rekow said he has read through the appeal documents multiple times and is respectful of the property owners in the area. He said that A-1 Zoning allows the application. He said he focus was on the letter from Fish and Game stating that they are in the business of protecting wildlife. He discussed the recommendation of seasonal restrictions which included either closure of the facility during certain winter months or closure on consecutive days during the week during those months. He said the road is better than he has seen it in the past. He is concerned about the number of people who may travel the area in which case the road may not be adequate. Neal Capps said the approximate ¾ mile of the road that is in Gem County needs to be accessible for fire and other emergency vehicles. He said the road isn t maintained in the winter. He discussed a road mitigation agreement and said it would be needed to keep the road open. Snow removal would be needed to keep the road open in the winter. Including 1200 yards of road mix in the mitigation agreement or adding it as an additional condition to the SUP was discussed. The Fish and Game recommendation was further
discussed. Commissioner Elliott sees it being potentially detrimental to business to be closed during the full winter time period. He favors closure during each week. Commissioner Butticci felt a complete closure wasn t necessary if allowing a few consecutive days for the game to move through. Commissioner Rekow stated that he felt the winter month closure was preferred by Fish and Game since that was their first recommendation. Plowing of the road was discussed. A motion was made by Commissioner Butticci to uphold the Zoning Commissioner recommendation for approval of the SUP for Avimor shooting range with additional condition of 1200 foot of gravel and the facility limit its shooting days from December 15th to March 15th to no more than 2 days during that time period. Commissioner Elliott discussed including the Road Mitigation agreement in the motion so there isn t a conflict later. The motion was amended to add inclusion of the Road Mitigation Agreement. Changes to be made to the Road Mitigation Agreement were discussed. Commissioner Rekow seconded the motion with the amendment and it carried with aye votes from Commissioners Rekow and Butticci and a nay vote from Commissioner Elliott. ADMINISTRATIVE TIME: The Commissioners worked on administrative issues. SHADOW BUTTE INDUSTRAIL PARK: A motion was made by Commissioner Elliott to add a letter declining to reclaim lots 3 and 4 block 1 in the Shadow Butte Industrial Park currently belonging to JB. It was seconded by Commissioner Butticci and carried unanimously. A motion was made by Commissioner Elliott to direct the prosecutor to draft and send the letter to Alliance Title declining the county s option to reclaim lots 3 and 4 block 1 in the Shadow Butte Industrial Park. It was seconded by Commissioner Butticci and carried unanimously. A motion was made by Commissioner Elliott to send a letter to all property owners that have not met the original timeline for building requirements declining the county s option to reclaim the property. It was seconded by Commissioner Butticci and carried unanimously. Prosecutor Linville will be asked to draft and send those
letters. The Board recessed at 5:00 p.m. to 8:00 a.m. on September 1, 2015. Attest: Clerk Approved: Chairman