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Power County Commission minutes for March
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in regular session on Monday, March 14th, 2011. Present were Commissioners Vicki Meadows, Chairman, Ron Funk and Delane Anderson. Also present were Power County Clerk Christine Steinlicht and Power County Prosecuting Attorney F. Randall Kline.
COMMISSIONER AGENDA (I.C. #67-2343): Following a review of I.C. #67-2343, and good cause appearing therefore, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to amend the February 28th, 2011, Commissioner Agenda to include the following items:
Power County Weed Department – Department of Agriculture (Cost Share Programs)
Power County Ambulance District – Ambulance #1 (Repairs/Warranty)
Carried.
POWER COUNTY WEED DEPARTMENT – DEPARTMENT OF AGRICULTURE (COST SHARE PROGRAMS): Commissioner Meadows reported that she had recently met with Power County Weed Department Supervisor Curtis Munk to review Power County’s Federal and State Cost Share Awards from the Department of Agriculture during the 2011 noxious weed season. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute the “Acceptance of Awards” in the amount of $27,405 (State Share) and $6,300 (Federal Share) as presented. Carried. Commissioner Meadows then reported that the Power County Weed Board is scheduled to meet on Tuesday, March 29th, 2011, at 9:30 a.m. at the Power County Courthouse Annex to discuss noxious weed control during the upcoming 2011 season.
POWER COUNTY LANDFILL – FINANCIAL ASSURANCE: The Commissioners reviewed the letter to the Idaho Department of Environmental Quality regarding financial self-insurance against landfill post-closure prepared by Power County Clerk Christine Steinlicht pursuant to I.C. #39-7417. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve and execute the written notice of financial self-insurance to the State of Idaho Department of Environmental Quality as presented. Carried.
POWER COUNTY WATERWAYS BOARD: Following discussion with Power County Prosecuting Attorney Randy Kline, it was moved by Meadows, seconded by Anderson, to increase the Power County Waterways Board to six (6) members and to appoint Beechnut Nelson to serve a term of three (3) years on the Power County Waterways Board (January, 2014). Carried.
POWER COUNTY AIRPORT BOARD: Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Funk, to appoint Dave Anderson to serve a term of three (3) years on the Power County Airport Board (January, 2014). Carried.
POWER COUNTY HISTORICAL SOCIETY/MUSEUM BOARD: Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to reappoint Bill Schatz to serve an additional term of three (3) years on the Power County Historical Society/Museum Board (January, 2014). Carried.
POWER COUNTY PROSECUTING ATTORNEY – OFFICE EQUIPMENT LEASE (OPINION): Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to report that he had been contacted by Mike Spangler at Yost Business Systems to discuss certain office equipment being leased by Power County, and to request that Mr. Kline prepare a formal “Opinion of Counsel” asserting that Power County is a duly organized political subdivision of the State of Idaho and authorized to enter into lease agreements for certain office equipment, which opinion is now required from all public agencies who lease equipment from Yost Business Systems. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve and execute the “Opinion of Counsel” as presented. Carried.
POWER COUNTY PROSECUTING ATTORNEY/COMMISSIONERS – SETTLEMENT AGREEMENT (MEDIATION): Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to further review the provisions of the Settlement Agreement executed by the parties following mediation on January 24th, 2011. At the outset, the Commissioners reported that they have arranged for mediator Gary Cooper of the firm Cooper & Larson to contact each party to further discuss, in detail, each party’s understanding of the Settlement Agreement; accordingly, the Commissioners agreed to table further consideration of this matter until April 11th, 2011.
U.S. SENATOR JIM RISCH – STATUS CONFERENCE: Jeremy Field of U. S. Senator Jim Risch’s Pocatello office appeared before the Commissioners via speaker telephone to discuss federal legislative issues pertinent to Power County. At the outset, Mr. Field reported that he would like to maintain close contact with the Board of Commissioners to ensure that Power County’s needs and concerns get immediately brought to Senator Risch’s attention. Mr. Field reported that federal funding under the Secure Rural Schools Act, which requires that a portion of the revenues derived from National Forest lands be paid to States for use by the Counties in which the lands are situated for the benefit of public schools and roads, will be re-budgeted by the U.S. Congress and likely reduced. Mr. Field further reported that federal funding for Resource, Conservation & Development (RC&D) Councils, which are comprised of local individuals who identify community needs and work with the United States Department of Agriculture on projects related to community development and land/resource management, will be re-budgeted by the U. S. Congress and likely reduced.
SOUTHEASTERN DISTRICT HEALTH DEPARTMENT – QUARTERLY REPORT: Sandy Sorrell and Craig Madsen of the Southeastern District Health Department appeared before the Commissioners to present the District’s quarterly report for Power County for the period ending December 31st, 2010.
BANNOCK COUNTY WATERWAYS – REQUEST FOR ALLOCATION: Commissioner Meadows reported that she and Bannock County Waterways Board Chairman Bill Davidson recently visited several boating/recreational areas within Power County that are in need of upgrades and/or repairs, including the west reservoir boat access ramp. Commissioner Meadows reported that Mr. Davidson has confirmed that the Bannock County Waterways Board is eager and willing to assist Power County with each of the immediate and long-term projects that were enumerated in the letter requesting support dated March 2nd, 2011, as well as any future Power County project that may qualify for funding through boat registration fees. Commissioner Meadows further reported that she and Mr. Davidson will meet directly with the Power County Waterways Board at their next regular meeting on April 5th, 2011.
JUNIOR COLLEGE – CERTIFICATES OF RESIDENCY: Moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the Certificates of Residency submitted by the College of Southern Idaho. Carried.
POWER COUNTY SHERIFF – IDAHO JAIL STANDARDS (JAIL MODIFICATIONS): Power County Sheriff Jim Jeffries appeared before the Commissioners to discuss Idaho Jail Standards and possible modifications to the Power County Jail and related facility in order to comply with those standards. Sheriff Jeffries reported that the Idaho Jail Standards Committee has come to understand the difficulty in implementing uniform requirements statewide and will be studying a “tiered” approach to accommodate smaller jail facilities. Following discussion, the Commissioners and Sheriff Jeffries agreed to schedule a meeting with State Jail Inspector Cindy Malm and President of Jail State Standards Committee Sheriff Paul Wilde to discuss Idaho Jail Standards, including any “tiered” approach, and this matter was tabled until April 11th, 2011, at 2:00 p.m.
WOMEN AND VICTIM ADVOCACY PROGRAM – CITY OF AMERICAN FALLS (FAMILY SERVICE ALLIANCE): American Falls Mayor Amy Wynn and Chief of Police Brandon Wilkinson appeared before the Commissioners to discuss the women and victim advocacy program in Power County, which is being funded through a federal grant to Family Service Alliance. Also present was Power County Sheriff Jim Jeffries and Power County Magistrate Judge Paul Laggis. Chief Wilkinson reported that the program is in need of office space and questioned whether Power County could make space available. Following discussion, the Commissioners suggested that Family Service Alliance and the City of American Falls explore other options for space; however, if no other suitable arrangements can be made, Power County may offer use of one of the duplex units located at 506-508 Gifford until October 1st, 2011, if the City of American Falls would be willing to pay all of the utility costs and one-half of any maintenance cost associated with that use. Mayor Wynn agreed to review the proposal with the American Falls City Council and this matter was tabled until April 11th, 2011.
POWER COUNTY TREASURER – MONTHLY REPORT (I.C. #31-2113): Moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the Statement of Treasurer’s Cash for the month ending February 28th, 2011, as presented. Carried.
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Meadows, seconded by Commissioner Anderson, to move into executive session pursuant to I.C. #67-2345, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent. Upon a call for the question, the following roll call vote was taken:
Commissioner Meadows – Aye
Commissioner Funk – Aye
Commissioner Anderson – Aye
Carried.
POWER COUNTY SEARCH & RESCUE – BUILDING NETWORK (QUOTE): Power County Search & Rescue Commander Ron Stilwell appeared before the Commissioners to present a copy of the quote prepared by Connective Computer Cabling to install interior ports at the Search & Rescue Building to allow full connection to Power County’s network system for telephone and internet services, which quote was approved by the Board of Commissioners on February 14th, 2011. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the quote as previously provided, with the understanding that the amount expended for connectivity will not exceed $1,617.48, and will be paid from PILT building finds. Carried.
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Anderson, seconded by Commissioner Meadows, to move into executive session pursuant to I.C. #67-2345, to consider records that are exempt from disclosure under Chapter 3, Title 9, Idaho Code, specifically indigent medical applications. Upon a call for the question, the following roll call vote was taken:
Commissioner Meadows – Aye
Commissioner Funk – Aye
Commissioner Anderson – Aye
Carried.
INDIGENT CASE #2011-14-I: Moved by Commissioner Meadows, seconded by Commissioner Anderson, to deny indigent medical application #2011-14-I, since the application was processed as incomplete as provided in I.C. #31-3505A(1) and since the application was withdrawn by third party applicant Portneuf Regional Medical Center on March 11th, 2011. Carried.
INDIGENT CASE #2009-23-I: Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve and execute the Settlement Agreement between Power County and applicant in Indigent Case #2009-23-I in the amount of $10,999.20, as full and final settlement of all claims and to release the statutory indigent medical lien immediately upon receipt of payment in full. Carried.
POWER COUNTY AMBULANCE DISTRICT: Moved by Commissioner Anderson, seconded by Commissioner Meadows, to recess as Power County Board of Commissioners and reconvene as Power County Ambulance District Board. Carried.
POWER COUNTY AMBULANCE – WARRANTY/REPAIRS: Power County Ambulance District Director Di Jones appeared before the Commissioners to discuss the on-going and extensive mechanical problems with the 2007 Ford Ambulance #1 (VIN #1FDWF37P77EA62226), which has been out of service for several weeks. The Commissioners made the following telephone contacts to discuss warranty and repair:
• Landon Brower at Courtesy Ford in Pocatello, who reported on the repairs previously performed on Power County Ambulance #1.
• Jeffrey Reed at Ford Motor Company, who reported that the current 5 year, 100,000 mile warranty is scheduled to expire on November 28th, 2011, and suggested that the Commissioners immediately arrange for a “certified dealer assessment” to diagnose the full extent of all mechanical and operational problems (Ford Case #0654180731).
• Jeff Katseanes at 20th Century Ford in Blackfoot, who scheduled the “certified dealer assessment” for Tuesday, March 15th, 2011.
• Troy Brazelton at ABC Auto, who agreed to immediately tow the vehicle to 20th Century Ford in Blackfoot for the amount of $200.
Following discussion, the Commissioners agreed that the ambulance vehicle rotation policy currently in effect may be inadequate to meet Power County’s emergency needs, and instructed Ms. Jones to pursue grant funding through Idaho Emergency Medical Services Bureau to purchase an additional ambulance. Ms. Jones reported that the grant application would be submitted on or before March 30th, 2011.
Moved by Commissioner Meadows, seconded by Commissioner Funk, recess as Power County Ambulance District Board and reconvene as Power County Board of Commissioners. Carried.
CLAIMS: Moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve claims as presented. Carried.
Current Expense $ 12,928.38
Ambulance District 3,120.20
Mosquito Abatement District 16,060.00
District Court 3,641.05
Justice Fund 20,085.70
Misdemeanor Probation/
Drug Court 1,242.99
Enhanced 911 Services 1,663.28
Elections 93.21
Indigent Services 609.06
Solid Waste 13,184.70
Tort 503.00
Weeds 1,509.90
PILT 6,978.21
POWER COUNTY COMMISSIONER MINUTES: Moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the Power County Commissioner Minutes for February 14th, 28th, March 1st and 2nd, 2011, as presented. Carried.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in regular session on Monday, March 28th, 2011. Present were Commissioners Vicki Meadows, Chairman, Ron Funk and Delane Anderson. Also present were Power County Clerk Christine Steinlicht and Power County Prosecuting Attorney F. Randall Kline.
POWER COUNTY BUILDING & GROUNDS – PUBLIC BUILDING USE POLICY: Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to review the draft Public Building Use Policy for County-owned buildings and grounds. Following discussion, the Commissioners and Prosecutor Kline agreed on several changes and/or corrections, and further consideration of this matter was tabled until April 11th, 2011.
POWER COUNTY DISASTER SERVICES – HOMELAND SECURITY GRANTS: Following discussion with Power County Disaster Services Director Di Jones, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute the following:
• Memorandum of Understanding between the State of Idaho, Bureau of Homeland Security and Power County regarding State Use of the 2010 State Homeland Security Grant Program Funding on behalf of Power County.
• Sub-Grant Award #2010-SS-T0-0088 in the amount of $43,165.04 (SHSP)
Carried.
POWER COUNTY AMBULANCE DISTRICT: Moved by Commissioner Funk, seconded by Commissioner Meadows, to recess as Power County Board of Commissioners and reconvene as Power County Ambulance District Board. Carried.
POWER COUNTY AMBULANCE – WARRANTY/REPAIRS: Commissioner Funk reported that 20th Century Ford had completed the “certified dealer assessment” on Power County’s 2007 Ford Ambulance (VIN #1FDWF37P77EA62226) and found several mechanical problems that were immediately repaired under warranty; however, 20th Century Ford’s service manager has suggested that the 6.0 engine, as in this 2007 Ford model, has not been problem free and recommended that Power County trade-in that emergency vehicle for an updated model as soon as practical. Commissioner Funk further reported that the Ford Corporation has extended the existing warranty for an additional one year, or until November 28th, 2012, and the Commissioners agreed that continued use this 2007 Ford ambulance, which is now in good working order, would be safe and reliable until the extended warranty expires or until a trade-in and purchase arrangement can be made, whichever first occurs. Also present was Power County Ambulance District Director Di Jones, who reported that the Power County Ambulance District’s grant application to the Idaho Emergency Medical Services Bureau to purchase a new ambulance should be processed by mid-July, 2011.
Moved by Commissioner Funk, seconded by Commissioner Anderson, to recess as Power County Ambulance District Board and reconvene as Power County Board of Commissioners. Carried.
EXECUTIVE SESSION (I.C. #67-2345): At the request of Power County Prosecuting Attorney Randy Kline, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to move into executive session pursuant to I.C. #67-2345, to communicate with legal counsel for the public agency or to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Upon a call for the question, the following roll call vote was taken:
Commissioner Meadows – Aye
Commissioner Funk – Aye
Commissioner Anderson – Aye
Carried.
POWER COUNTY BUILDING & GROUNDS – PROPERTY MANAGEMENT (569 BANNOCK AVENUE): Commissioner Anderson presented the Board with a property management proposal from Launa Snow d/b/a Snow Property Management to manage Power County’s idle property at 569 Bannock Avenue. Following discussion, the Commissioners agreed that they may be willing to consider property management services and referred this matter to Power County Prosecuting Attorney Randy Kline to determine whether a formal “request for proposals” for property management services should be published pursuant to Idaho law, and further consideration of this matter was tabled until April 11th, 2011.
POWER COUNTY TRANSFER STATION/LANDFILL – ENVIRONMENTAL PROTECTION AGENCY (GREENHOUSE GAS MONITORING): Power County Transfer Station/Landfill Supervisor Craig Heward appeared before the Commissioners to discuss the Idaho Department of Environmental Quality’s (DEQ) greenhouse monitoring training sessions that he attended in Boise last week. At the outset, Mr. Heward reported that Power County must immediately register on-line with the Environmental Protection Agency (EPA) and then provide the initial report by the September 30th deadline, after which EPA will make a determination for on-going greenhouse testing. Mr. Heward further reported that he has been assured that since the Power County Landfill has been officially closed since 1995, and is recognized as a closed landfill by DEQ and EPA, on-going monitoring or reporting for greenhouse emissions is unlikely.
CITY OF ROCKLAND – WASTEWATER TREATMENT PROJECT: Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to execute a letter supporting the City of Rockland’s Wastewater Construction Grant with the Idaho Department of Environmental Quality to upgrade the City’s wastewater treatment system. Carried.
CLAIMS: Moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the claims as presented. Carried.
Current Expense $ 16,899.17
Ambulance District 2,357.20
District Court 3,606.58
Justice Fund 5,327.23
Misdemeanor Probation/
Drug Court 1,637.00
Elections 2,387.52
Indigent 178.80
Junior College 9,950.00
Solid Waste 4,802.91
Weeds 65.06
Waterways 18.10
PILT 285.31
BOARD OF EQUALIZATION (I.C. #63-501): The Board of Commissioners then met as the Power County Board of Equalization pursuant to I.C. #63-501. There being no business to come before the Board, the Power County Board of Equalization recessed until April 25th, 2011.
POWER COUNTY TREASURER – ORDER FOR CANCELLATION OF TAXES: Following discussion with Power County Treasurer Deanna Curry and Power County Chief Deputy Assessor Mary Annen, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the Order for Cancellation of Taxes in the amount of $4,940.90 as presented. Carried.
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Funk, seconded by Commissioner Meadow, to move into executive session pursuant to I.C. #67-2345, to consider records that are exempt from disclosure under Chapter 3, Title 9, Idaho Code, specifically to conduct an appeal hearing on Power County Indigent Case #2011-10-I. Upon a call of the question, the following roll call vote was taken:
Commissioner Meadows – Aye
Commissioner Funk – Aye
Commissioner Anderson – Aye
Carried.
INDIGENT CASE # 2011-10-I: Following appeal hearing on Indigent Case #2011-10-I, and a review of the evidence, testimony and exhibits presented, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to sustain Power County’s previous denial on Power County Indigent Case #2011-10-I, since applicant is not a resident of Power County as defined by Idaho Code #31-3502(22), since the applicant failed to cooperate and the application was process as incomplete pursuant to I.C. #31-3505A(1) and since applicant has other resources sufficient to pay the medical expenses incurred pursuant to I.C. #31-3502(23). Carried.
FALLS IRRIGATION DISTRICT – DECLARATION OF PUBLIC ENTITIES LANDHOLDINGS (DAVID ZIMMERMAN LEASE): Moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve and execute the Declaration of Public Entity’s Landholdings received from Falls Irrigation District to certify and report Power County’s farm property operated by Lessee David Zimmerman. Carried.
GREAT RIFT BUSINESS DEVELOPMENT – ECONOMIC DEVELOPMENT: Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Funk, to approve Great Rift Business Development Director Kristen Jensen’s request for Power County to appropriate funds for her to attend an energy marketing conference in Anaheim, California, from May 22nd-25th, 2011, to be paid from PILT economic development funds. Carried.
POWER COUNTY TELEPHONE SYSTEM – IDEACOM ECSI: Following discussion with Power County Clerk Chris Steinlicht, it was moved by Commissioner Funk, seconded by Commissioner Anderson, to approve and execute the annual Maintenance Contract between Power County and IdeaCom ECSI in the amount of $4,377.74 as presented. Carried.
2011 LEGISLATIVE SESSION – REBERGER & SULLIVAN (STATUS REPORT): Pat Sullivan of Reberger & Sullivan appeared before the Commissioners by speaker telephone to discuss 2011 Legislative issues and to report on the status of legislation pertinent to Power County.
POWER COUNTY SHERIFF – QUARTERLY JAIL INSPECTIONS (I.C. #20-622): The Board of Power County Commissioners then conducted their quarterly inspection of the Power County Jail facility pursuant to I.C. #20-622.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk


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