Power County Commission Minutes
Published in The Power County Press June 1, 2011.
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in regular session on Monday, April 11th, 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 updated draft Public Building Use Policy for County-owned buildings and grounds. Following discussion it was moved by Commissioner Funk, seconded by Commissioner Anderson, to approve and execute the Power County Courthouse and Public Building Use Policy and Agreement as presented. Carried.
POWER COUNTY BUILDING & GROUNDS – PROPERTY MANAGEMENT SERVICES: Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to present the “Request for Proposals” for property management organizations or individuals to submit a proposal to manage Power County’s idle properties. Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Funk, to publish the Request for Proposals in the April 20th, 2011, edition of The Power County Press, with the understanding that all proposals must be submitted by 5:00 p.m. on Wednesday, May 4th, 2011, in order to be considered. Carried. Further consideration of this matter was tabled until May 9th, 2011.
POWER COUNTY PROSECUTING ATTORNEY/COMMISSIONERS – SETTLEMENT AGREEMENT (MEDIATION) – POWER COUNTY RESOLUTION #2011-02: Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to review proposed Power County Resolution #2011-02, which is a Resolution to open Power County’s fiscal year 2011 budget to satisfy the budgetary provisions of the Settlement Agreement executed by the parties following mediation on January 24th, 2011. At the outset, the Commissioners reported that they have scheduled a meeting with Power County Planning & Zoning Board Chairman Jim Fitzgerald and Prosecuting Attorney Kline on Friday, April 15th, 2011, at 3:00 p.m. to review the Settlement Agreement and to discuss transition, and further consideration of this matter was tabled until April 28th, 2011.
DEATON & COMPANY – FISCAL YEAR 2010 AUDIT REPORT (I.C. #31-1701): Power County Auditor Christine Steinlicht appeared before the Board of Commissioners with independent auditors Charles Clark and Brandi Young of Deaton & Company, Chartered, to present the audited financial statements and other financial information for Power County’s fiscal year ending September 30th, 2010. At the outset, Mr. Clark presented the Commissioners with two Proposed Management Comments for the Commissioners review and consideration. Following discussion, the Commissioners agreed to review the Proposed Management Comments, numbered one and two, with Power County Treasurer Deanna Curry and Power County Sheriff Jim Jeffries and this matter was tabled until April 25th, 2011.
POWER COUNTY TREASURER – WARRANTS OF DISTRAINT: Power County Treasurer Deanna Curry appeared before the Commissioners to discuss disposal of Power County Parcel #MHZ0096-00, which is a trailer house that was acquired by Power County through a Warrant of Distraint. At the outset, Treasurer Curry announced that the offer to purchase as outlined on December 27th, 2010, has been withdrawn. Following discussion, the Commissioners instructed Power County Prosecuting Attorney Randy Kline to contact the owner of the real property upon which the trailer house is situated to discuss other options for disposal of said parcel, and this matter was tabled until May 23rd, 2011.
POWER COUNTY TREASURER – TAX DEEDS: Power County Treasurer Deanna Curry appeared before the Commissioners to discuss the following parcels, which are owned by Power County pursuant to tax deed:
Parcel #RPA0812-00
Parcel #RPB0106-00
Parcel #RPA1372-03
Treasurer Curry reported that City of American Falls Building Administrator Jeff Nelson has suggested that the third story windows at Power County Parcel #RPA0812-00 should be boarded until the building has been refurbished or demolished. Following discussion, Prosecuting Attorney Randy Kline agreed to review this matter with Bankruptcy attorney Craig Christensen, but suggested that Power County Building Administrator Robert Steinlicht and City of American Falls Building Administrator Jeff Nelson inspect the premises to determine whether the integrity of the building is adequate to allow access to cover the windows. Following a review of I.C. #31-801, the Commissioner agreed to table further consideration of this parcel until May 23rd, 2011.
Following discussion, the Commissioners and Treasurer Curry agreed that Power County Parcel #RPA1372-03 should be designated “odd lot property” and offered to adjacent landowners. Treasurer Curry agreed to contact adjacent landowners to discuss options for ownership transfer. Following a review of I.C. #31-801, the Commissioners agreed to table further consideration of this parcel until May 9th, 2011.
Treasurer Curry then announced that public auction on Power County Parcel #RPB0106-00 will be scheduled sometime later in the spring. Following a review of I.C. #31-808, the Commissioners agreed to table further consideration of this matter until April 25th, 2011.
POWER COUNTY DISASTER SERVICES – 2007 HOMELAND SECURITY GRANT (AMENDMENT 2): Power County Disaster Services Director Di Jones appeared before the Commissioners to review Amendment 2 to the 2007 Homeland Security Grant Award. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute Amendment 2 as presented. Carried.
POWER COUNTY AMBULANCE DISTRICT: Moved by Commissioner Meadows, seconded by Commissioner Funk, to recess as Power County Board of Commissioners and reconvene as Power County Ambulance District Board. Carried.
EMERGENCY MEDICAL SERVICES – STATUS REPORT: Power County Ambulance District Director Di Jones appeared before the Commissioner to present the Power County Emergency Medical Services Ambulance Run Data Report for the period January 1st, 2011, through March 31st, 2011.
Moved by Commissioner Meadows, seconded by Commissioner Funk, to recess as Power County Ambulance District Board and reconvene as Power County Board of Commissioners. Carried.
POWER COUNTY SHERIFF – DRIVERS LICENSE OFFICE: Power County Sheriff Jim Jeffries appeared before the Commissioners with Chief Deputy Sheriff Jackie Morris to discuss the hours of operation for the Drivers License Department at the Power County Sheriff’s office. At the outset, Sheriff Jeffries reported on the difficulties of maintaining a full-time drivers license department for the State of Idaho given recent staff reductions and budget decreases. Also present was Bingham County resident Ken Feld who reported that he had personally been inconvenienced when the Drivers License Department was unexpectedly closed and suggested that specific hours of operation be set, posted and then strictly followed, even if overall hours ultimately need to be reduced to accommodate staff shortages or budget reductions. Following discussion, the Commissioner agreed to review these options during the fiscal year 2012 budget process.
POWER COUNTY MOSQUITO ABATEMENT DISTRICT: Moved by Commissioner Funk, seconded by Commissioner Anderson, to recess as Power County Board of Commissioners and reconvene as Power County Mosquito Abatement District Board. Carried.
VECTOR DISEASE CONTROL, INC. – STATUS REPORT: Tim Bennett of Vector Disease Control, Inc., appeared before the Commissioners to report on the upcoming 2011 mosquito control season and to announce that Vector Disease Control, Inc., has been purchased by Vector Disease Control International. Mr. Bennett reported that the local management staff and personnel will not be impacted by this ownership transfer, nor will current abatement controls and procedures.
Moved by Commissioner Meadows, seconded by Commissioner Funk, to recess as Power County Mosquito Abatement District Board and reconvene as Power County Board of Commissioners. Carried.
WOMEN AND VICTIMS ADVOCACY PROGRAM – CITY OF AMERICAN FALLS (FAMILY SERVICE ALLIANCE): Commissioner Anderson reported that the City of American Falls has entered into an agreement with American Falls School District #381 to provide office space for the women and victims advocacy program being administered through Family Service Alliance.
POWER COUNTY AIRPORT – IDAHO DEPARTMENT OF TRANSPORTATION (DIVISION OF AERONAUTICS): Power County Clerk Chris Steinlicht reported that the Power County Airport has not yet received the Division of Aeronautics grant in the amount of $19,500 for the crack sealing, two coats of slurry seal and pavement remarking that were applied to the taxiways, cross taxiways and tie down ramp in August, 2010, resulting in negative budget balance for County Airport operations. Following a review of Power County Resolution #2010-18 and accompanying Grant Agreement #SP-04134.A-2 dated November 22nd, 2010, Commissioner Anderson agreed to discuss the negative budget balance with the Power County Airport Board and this matter was tabled until April 25th, 2011.
POWER COUNTY SHERIFF – IDAHO DEPARTMENT OF PARKS & RECREATION (BOAT GRANT AGREEMENT): Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve and execute the Agreement between Idaho Department of Parks & Recreation and Power County for the FY 2011 Boat Safety Grant in the amount of $19,328, with matching funds of $9,664, for a total marine patrol budget of $28,992. Carried.
COMMISSIONER MEETINGS – OCTOBER, 2011: Following a review of the calendar, the Commissioners agreed to conduct their regular meetings in October, 2011, on the 11th and 24th.
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 BUILDINGS & GROUNDS – COURTHOUSE ANNEX PARKING LOT: Power County Building & Grounds Supervisor Gary Thomson appeared before the Commissioners via speaker telephone to report that the parking lot area at the Power County Courthouse Annex needs repaired and repaved. Following discussion, the Commissioners suggested that Mr. Thomson obtain quotes to repair and repave the parking lot area and this matter was tabled until May 9th, 2011.
CLAIMS: Moved by Commissioner Anderson, seconded by Commissioner Meadows, to approve claims as presented, amended and supplemented. Carried.
Current Expense $ 16,846.88
Ambulance District 8,667.56
Mosquito Abatement
District 16,060.00
District Court 8,342.32
Justice Fund 20,612.23
Misdemeanor Probation/
Drug Court 964.97
Enhanced 911 Services 1,670.56
Elections 339.70
Indigent 14,068.03
Revaluation 49.59
Solid Waste 1,244.97
Tort 35,833.00
Weeds 969.73
Waterways 164.74
PILT 21,161.79
POWER COUNTY TRANSFER STATION/LANDFILL – SCRAP METAL RECYCLING: The Commissioners reviewed the Power County Commissioner Minutes dated April 15th, 2009, and the most recent payment tickets from Walt’s Auto Salvage for the purchase of scrap metal from the Power County Transfer Station/Landfill. Following discussion, the Commissioner agreed that the current arrangement with Walt’s Auto Salvage, which contains no expiration or review dates, may need to be re-evaluated and this matter was tabled until April 25th, 2011.
POWER COUNTY SHERIFF – IDAHO JAIL STANDARDS: Power County Sheriff Jim Jeffries appeared before the Commissioners with State Jail Inspector Cindy Malm and Idaho Jail Standards Committee Chairman Paul Wilde to discuss current jail standards and how those standards are determined and implemented. Also present were Power County Magistrate Judge Paul Laggis and Power County Deputy Sheriff/Jailer Kasey Kendall. Following a lengthy discussion, the Commissioners agreed that remodeling the current Power County Jail and related facilities to comply with current building and facility standards may be attainable; however, minimum staffing requirements pose significant budgetary challenges that could not be overcome in the foreseeable future. Following discussion, the Commissioners agreed that they would continue to review all options to bring the Power County Jail into full compliance with Idaho Jail Standards.
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Meadows, seconded by Commissioner Funk, to move into executive session pursuant to I.C. #67-2345, to consider records that are exempt from disclosure pursuant to 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 #2011-15-I: Moved by Commissioner Meadows, seconded by Commissioner Anderson, to deny indigent medical application #2011-15-I, since the application and additional request were not timely filed as provided by I.C. #31-3505(1), and since the applicant has other resources sufficient to pay the medical expenses incurred as provided by I.C. #31-3502(17). Carried.
POWER COUNTY COMMISSIONER MINUTES – MARCH, 2011: Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the Power County Commissioner Minutes for March 14th and 28th, 2011, as presented. Carried.
POWER COUNTY WATERWAYS – LIFE JACKET LOANER STATION: Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to issue a letter to Robert Boyer, Natural Resource Manager at the Bureau of Reclamation, supporting the Aaron and Jared Hale family proposal to construct and maintain life jacket loaner Stations at the West reservoir boat ramp, Willow Bay Marina and Seagull Bay Yacht Club, which stations would be constructed, maintained and manned through grants via the Idaho Department of Parks & Recreation and/or private donations. Carried.
IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY – QUARTERLY REPORT: Bruce Olenick of the Idaho Department of Environmental Quality appeared before the Commissioners to present his quarterly report on environmental quality issues pertinent to Power County.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in regular session on Monday, April 25th, 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 Funk, to amend the April 25th, 2011, Commissioner Agenda to include the following items:
City of Rockland – Area of City Impact (Power County Ordinance #1998-02)
Power County Building & Grounds – Schindler Elevator Corporation
(Inspection Agreement)
Carried.
POWER COUNTY BUILDING & GROUNDS – SCHINDLER ELEVATOR CORPORATION (INSPECTION AGREEMENT): Following discussion with Power County Building & Grounds Supervisor Gary Thomson, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute the Elevator Inspection Agreement between Power County and Schindler Elevator Corporation to perform the State of Idaho’s required 5 Year Inspection in the amount of $1,518. Carried.
IDAHO DEPARTMENT OF JUVENILE CORRECTIONS – STATISTICAL/BUDGET INFORMATION: Idaho Department of Juvenile Corrections District Liaison Bill Lasley and Power County Probation Office Supervisor Connie Shepherd appeared before the Commissioners to present copies of statistical information on juvenile probation offenders in Power County over the past five (5) years. Mr. Lasley then presented the Commissioners with a copy of the Idaho Department of Juvenile Corrections’ projected distribution of JCA and Tobacco Tax funds to Power County during Fiscal Year 2012, which will be reduced by 7% over the State’s Fiscal Year 2011 allocation; however, Mr. Lasley indicated that Lottery fund distributions will be significantly increased due to “mega-winnings” by Idaho residents.
POWER COUNTY COMMUNICATIONS – TABLE MOUNTAIN REPEATER SITE: Commissioner Meadows reported that the Board of Commissioners personally met with the affected landowners and others to view the proposed Table Mountain Repeater site and to discuss an optimum access route. At the outset, Commissioner Meadows reiterated that the landowners are adamant that any easement for ingress and egress to the repeater site should be restricted to approximately 20 feet. Commissioner Meadows then reported that the Power County Highway District has agreed to assist Power County in establishing GPS coordinates on a designated access route, after which the Bureau of Land Management and Idaho Power will be able to inspect the route for any issues of concern they might have.
POWER COUNTY HISTORIC PRESERVATION BOARD: Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to reappoint Keith Stocking to serve an additional term of three (3) years on the Power County Historic Preservation Board (January, 2014). Carried.
POWER COUNTY ADULT MISDEMEANOR PROBATION – POLICY & PROCEDURE MANUAL (SIXTH DISTRICT ADMINISTRATIVE ORDER #2011-02): Power County Clerk Chris Steinlicht appeared before the Commissioners to report that Administrative District Judge David C. Nye has issued an Administrative Order (#2011-02) requiring that each misdemeanor probation department in the Sixth Judicial District shall establish a policies and procedures manual for adult misdemeanor services and professional responsibilities, which manual must be reviewed and adopted by the Board of Commissioners before the end of calendar year 2011. Clerk Steinlicht further reported that Kim Helmandollar of Ada County Misdemeanor Probation d/b/a Power County Misdemeanor Probation Services, Inc., is aware of the Administrative Order, has a Policy and Procedures Manual completed and will be providing the Board of Commissioners with a copy of said Manual for their approval. Following discussion, the Commissioners agreed to table further consideration of this matter until May 23rd, 2011.
DEATON & COMPANY – FISCAL YEAR 2010 AUDIT REPORT (I.C. #31-1701): Following discussion with Power County Auditor Chris Steinlicht, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve the Audited Financial Statements and other financial information for Power County’s 2010 fiscal year prepared by Deaton & Company and presented to the Commissioners on April 11th, 2011, and to instruct Power County Clerk Steinlicht to return Proposed Management Comments, numbered one and two, to Deaton & Company with confirmation of compliance. Carried. Pursuant to I.C. #31-819, Clerk Steinlicht shall cause the Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance from said audit report to be published in the May 4th, 2011, edition of The Power County Press.
POWER COUNTY AIRPORT – GRANT AGREEMENT/BUDGET: Commissioner Anderson reported that he has been in contact Power County Airport Manager Stan Bearup, who has confirmed that the Idaho Division of Aeronautics Grant in the amount of $19,500 should be received by Power County within the next several weeks, which will alleviate the current negative budget balance for Power County Airport operations. Following discussion, the Commissioners again expressed concern with expending large sums under these Airport grant agreements when payout or reimbursement is so critically delayed. Following further discussion, the Commissioners agreed that, until further notice, the Power County Airport Board should submit claims only for necessary operational expenses and this matter was tabled until May 23rd, 2011.
POWER COUNTY ECONOMIC DEVELOPMENT – EVENT PARK (POWER COUNTY AIRPORT): Commissioner Anderson presented a copy of a proposal to utilize a portion of the Power County Airport as an event park for off-street racing enthusiasts to gather and compete. Commissioner Anderson reported that the proposal contends that the Power County Airport, as a prime location for off-street vehicle testing, could regularly bring hundreds of contestants and spectators from all over Idaho and surrounding States for locally sanctioned events, and that an NHRDA or NADM-sanctioned event could draw several thousand individuals from all over the United States and Canada. Following discussion, the Commissioners suggested that Prosecuting Attorney Randy Kline and Commissioner Anderson meet directly with the proposer’s appropriate representatives to discuss funding, liability insurance, Federal Aviation Administration Rules, possible runway damage, and other issues of concern to Power County, and this matter was tabled until May 23th, 2011.
POWER COUNTY CLERK – QUARTERLY FINANCIAL REPORTS (I.C. #31-1611): Power County Clerk Chris Steinlicht appeared before the Commissioners pursuant to I.C. #31-1611 to present her quarterly financial reports for the period ending March 31st, 2011. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the Clerk’s quarterly financial report as presented. Carried.
POWER COUNTY CLERK/TREASURER – JOINT QUARTERLY REPORT (I.C. #31-2306): Power County Clerk Christine Steinlicht and Power County Treasurer Deanna Curry appeared before the Commissioners pursuant to I.C. #31-2306, to present their joint quarterly report for the period ending March 31st, 2011. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the Power County Clerk/Treasurer Joint Quarterly Report as presented. Carried.
POWER COUNTY TREASURER – MONTHLY REPORT (I.C. #31-2113): Power County Treasurer Deanna Curry appeared before the Commissioners pursuant to I.C. #31-2113 to present her Statement of Treasurer’s Cash for the period ending March 31st, 2011. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the Statement of Treasurer’s Cash as presented. Carried.
POWER COUNTY TREASURER – TAX DEED (PUBLIC AUCTION): Following discussion with Power County Treasurer Deanna Curry, it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to schedule public auction of Power County Parcel #RPB0106-00 for Monday, May 23rd, 2011, at 9:00 a.m. on the front steps of the Power County Courthouse. Carried.
SOUTHEASTERN DISTRICT HEALTH DEPARTMENT – FISCAL YEAR 2011 BUDGET REQUEST: Ed Marugg, Kim Gaskell, Maggie Mann and Ken Estep of the Southeastern District Health Department appeared before the Commissioners to present the District’s fiscal year 2012 budget request from Power County in the amount of $58,460, which represents a .2% decrease over the fiscal year 2011 allocation.
JUNIOR COLLEGE –CERTIFICATES OF RESIDENCY: Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the Certificate of Residency submitted by the College of Southern Idaho. Carried.
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.
HARDSHIP EXEMPTION APPLICATION (I.C. #63-711): Power County Treasurer Deanna Curry appeared before the Commissioners with applicant to review the Hardship Exemption Application on the following Power County Parcels:
#RPD2088-01 #RPD2487-00
#RPD2088-02 #RPD2451-00
#RPD2213-00 #RPD2457-00
#RPD2228-00 #RPB0135-00
#RPD2450-00 #RPD2095-00
#RPD2452-00 #RPD2096-00
#RPD2454-00 #RPD2094-00
#RPD2455-00 #RPD2090-00
#RPD2461-00 #RPB0139-00
#RPD2484-00 #RPB0136-00
#RPD2492-00 #RPB0123-01
#RPD2582-00 #RPB0110-00
#RPB0112-00 #RPD2209-00
#RPD2106-00 #RPB0135-01
#RPB0121-00 #RPB0134-00
#RPB0123-00
Following a review of the testimony and evidence presented, the Commissioners agreed to take this application under advisement until May 9th, 2011.
There being no further business to come before the Board, the Power County Board of Equalization recessed until May 9th, 2011.
POWER COUNTY TRANSFER STATION/LANDFILL – SCRAP METAL RECYCLING: The Commissioners reviewed the proposal submitted by Walt’s Auto Salvage to purchase scrap and waste metal from the Power County Transfer Station/Landfill. Following a review of the quote with Transfer Station/Landfill Supervisor Craig Heward, and a finding by the Board that all interested vendors were given ample opportunity to submit proposals, it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to accept the quote presented by Walt’s Auto Salvage, to remain in effect until the sunset date of September 30th, 2012. Carried.
CLAIMS: Moved by Commissioner Anderson, seconded by Commissioner Funk, to approve the claims as presented, amended and supplemented.
Current Expense $ 14,348.90
Ambulance District 6,332.76
District Court 1,370.92
Justice Fund 12,580.29
Misdemeanor Probation/
Drug Court 1,476.46
Enhanced 911 Services 34.94
Elections 1,512.02
Indigent 1,371.24
Solid Waste 16,946.01
Weeds 53.41
PILT 1,791.39
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 records that are exempt from disclosure under Title 3, Chapter 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 #2011-16-I: Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve indigent medical application #2011-16-I. Carried.
FISCAL YEAR 2012 – BUDGET REQUEST HEARINGS: Following a review of the calendar, the Commissioner agreed to reschedule fiscal year 2012 budget request hearings for June 6th, 7th, 8th, 9th and 10th, 2011.
CITY OF ROCKLAND – AREA OF CITY IMPACT: Rockland City Clerk Denise Ralphs appeared before the Commissioners to review a map of the Rockland City Limits and to discuss in general the Area of City Impact. Following discussion with Idaho Counties Risk Management Program (ICRMP) Attorney Jerry Mason, and a review of Power County Ordinance #1998-02, which is the ordinance establishing the City of Rockland’s Area of Impact, the Commissioners referred City Clerk Ralphs to Power County Prosecuting Attorney Randy Kline to discuss enforcement jurisdiction and/or the appeals process on all actions within said Area of Impact.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioner met in special session on Thursday, April 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.
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 Funk, to amend the April 28th, 2011, Commissioner Agenda to include the following items:
Power County Communications – Table Mountain Repeater Site
Carried.
POWER COUNTY COMMUNICATIONS – TABLE MOUNTAIN REPEATER SITE: Don Haskins of the Power County Highway District appeared before the Commissioners to present a map depicting, in detail, the proposed ingress and egress route to the Table Mountain Repeater Site, including GPS coordinates. Also present was former Power County Commissioner Ken Estep. Mr. Haskins reported that on Monday, May 2nd, 2011, representatives of Idaho Power will personally inspect the proposed route. Mr. Haskins further reported that he will be providing the Bureau of Land Management with a copy of the maps and written notice of the construction plans, after which an on-site BLM inspection will be performed. Following discussion, the Commissioners agreed to make funds available to assist the Power County Highway District with equipment costs and wages to construct the access road.
POWER COUNTY PROSECUTING ATTORNEY/COMMISSIONERS – SETTLEMENT AGREEMENT: Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to review the Settlement Agreement executed by the parties following mediation on January 24th, 2011. Following Commissioner discussions with the Idaho Association of Counties and a review of the Idaho Supreme Court’s 1983 decision in the case of LaBrosse vs. Boundary County Board of Commissioners (105 Idaho 730; 672 P 2nd 1060), it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to approve the Settlement Agreement as amended at paragraph #6 by interlineations and initialed by the parties, and more specifically with the following understanding:
• That the settlement payment to the Prosecuting Attorney as set forth in said Agreement shall be increased by $1,200 rather than remediated.
• That the entire amount paid to the Prosecuting Attorney under said Agreement in the amount of $8,612 shall be considered a “litigation settlement” paid on a one-time basis rather than ongoing compensation, which was calculated as follows:
Negotiated Settlement Amount
$ 7,500.00
Less District Court Filing Fee
- 88.00
Plus Increased Compensation
+ 1,200.00
TOTAL: $ 8,612.00
• That the maximum salary for the secretarial position will be transferred to the Power County Prosecuting Attorney’s budget.
• That the Commissioners retain their right to hire outside, independent legal counsel and the Prosecuting Attorney retains his right to challenge those Commissioner decisions.
Carried.
Power County Clerk Chris Steinlicht then presented the Commissioners with a copy of proposed Power County Resolution #2011-02, which is a resolution to open Power County’s fiscal year 2011 budget to satisfy the budgetary provisions of the aforementioned Settlement Agreement. Following discussion, the Commissioners instructed Clerk Steinlicht to publish Notice of Public Hearing and proposed Power County Resolution #2011-02 in the May 11th and 18th, 2011, editions of The Power County Press, with Public Hearing scheduled for Monday, May 23rd, 2011, at 10:00 a.m. The Commissioners and Prosecutor Kline then reviewed the following proposed Resolutions:
• Power County Resolution #2011-03, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the purpose of representing Power County in all civil jurisdictional dealings, relations and matters with the Shoshone-Bannock Tribes.
• Power County Resolution #2011-04, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the purpose of representing Power County in all aspects pertaining to the Mountain States Transmission Intertie Project, which creates a transmission line that goes from Montana, through Power County, Idaho, and west to the Midpoint Substation near Jerome.
• Power County Resolution #2011-05, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the Gateway West Transmission Line Project, which creates a transmission line starting in eastern Wyoming, through Power County and Cassia Counties in Idaho, and terminating in western Oregon.
• Power County Resolution #2011-06, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the Southeast Idaho Energy Coal Gasification Project pending before the Power County Planning & Zoning Commission.
• Power County Resolution #2011-07, a Resolution to employ Douglas J. Balfour, Chartered, for the Ridgeline Wind Farm Project pending before the Power County Planning & Zoning Commission.
• Power County Resolution #2011-08, A Resolution to employ Douglas J. Balfour, Chartered, for the Windland Wind Farm Project pending before the Power County Planning & Zoning Commission.
• Power County Resolution #2011-09, A Resolution to employ Douglas J. Balfour, Chartered, for the LS Power Project, which is one transmission line that follows the Gateway route, connects to a pre-existing LS Power corridor coming up from Las Vegas, and then continues on to the Midpoint Substation near Jerome, and another transmission line that comes out of Montana and would likely parallel the Mountain States line and continues on to Midpoint or Borah.
Following discussion, the Commissioners and Prosecuting Attorney Kline agreed on several changes that would need to be made to the proposed Resolutions, and further consideration of these Resolutions was tabled until May 3rd, 2011.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in special session on Tuesday, May 3rd, 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 PLANNING & ZONING – RIDGELINE ENERGY SPECIAL USE PERMIT (POWER COUNTY RESOLUTION #2011-10): Power County Building/Planning & Zoning Administrator Robert Steinlicht appeared before the Commissioners to review proposed Power County Resolution #2011-04, which the Power County Planning & Zoning Board has unanimously recommended be approved by the Board of Commissioners. Following discussion, it was moved by Commissioner Funk, seconded by Commissioner Meadows, to approve and execute Power County Resolution #2011-10, which is a resolution to accept the information and plans from Ridgeline Energy and Idaho Power for the construction of the substation and transmission line in compliance with the State of Idaho and Power County Codes. Carried.
POWER COUNTY PLANNING & ZONING – SPECIAL USE PERMITS (POWER COUNTY ORDINANCE #2011-04): Power County Building/Planning & Zoning Administrator Robert Steinlicht appeared before the Commissioners to review proposed Power County Ordinance #2011-04, which the Power County Planning & Zoning Board has unanimously recommended be approved by the Board of Commissioners. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute Power County Ordinance #2011-04, which is an ordinance to amend Section 10-2-2L of the Power County Code to allow for Special Use Permits to be valid for two (2) years from the date of approval. Carried. The Commissioners then instructed Power County Clerk Chris Steinlicht to cause Power County Ordinance #2011-04 to be published as provided by I.C. #31-715 to complete effect.
POWER COUNTY PROSECUTING ATTORNEY/COMMISSIONERS – SETTLEMENT AGREEMENT (POWER COUNTY RESOLUTIONS #2011-03 THROUGH #2011-09): Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to review proposed Power County Resolutions numbered #2011-03 through #2011-09.
Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute Power County Resolution #2011-03, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the purpose of representing Power County in all civil jurisdictional dealings, relations and matters with the Shoshone-Bannock Tribes. Carried.
Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute Power County Resolution #2011-04, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the purpose of representing Power County in all aspects pertaining to the Mountain States Transmission Intertie Project, which creates a transmission line that goes from Montana, through Power County, Idaho, and west to the Midpoint Substation near Jerome. Carried.
Moved by Commissioner Anderson, seconded by Commissioner Meadows, to approve and execute Power County Resolution #2011-05, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the Gateway West Transmission Line Project, which creates a transmission line starting in eastern Wyoming, through Power County and Cassia Counties in Idaho, and terminating in western Oregon. Carried.
Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute Power County Resolution #2011-06, a Resolution to employ outside counsel, Douglas J. Balfour, Chartered, for the Southeast Idaho Energy Coal Gasification Project pending before the Power County Planning & Zoning Commission. Carried.
Moved by Commissioner Funk, seconded by Commissioner Anderson, to approve and execute Power County Resolution #2011-07, a Resolution to employ Douglas J. Balfour, Chartered, for the Ridgeline Wind Farm Project pending before the Power County Planning & Zoning Commission. Carried.
Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve and execute Power County Resolution #2011-08, a Resolution to employ Douglas J. Balfour, Chartered, for the Windland Wind Farm Project pending before the Power County Planning & Zoning Commission. Carried.
Moved by Commissioner Anderson, seconded by Commissioner Funk, to approve and execute Power County Resolution #2011-09, a Resolution to employ Douglas J. Balfour, Chartered, for the LS Power Project, which is one transmission line that follows the Gateway route, connects to a pre-existing LS Power corridor coming up from Las Vegas, and then continues on to the Midpoint Substation near Jerome, and another transmission line that comes out of Montana and would likely parallel the Mountain States line and continues on to Midpoint or Borah. Carried.
IDAHO ASSOCIATION OF COUNTIES – 2011 LEGISLATIVE REVIEW: The Board of Power County Commissioners, Power County Clerk Chris Steinlicht and Power County Treasurer Deanna Curry, then participated in a telephone conference and webinar with Dan Chadwick, Tony Poinelli and Seth Griggs of the Idaho Association of Counties to review the 2011 Idaho Legislative Session.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in special session on Thursday, May 5th, 2011. Present were Commissioners Vicki Meadows, Chairman, Ron Funk and Delane Anderson. Also present were Power County Chief Deputy Clerk Linda Annen 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 Funk, to amend the May 5th, 2011, Commissioner Agenda to include the following items:
Power County Transfer Station/Landfill – Demotion Pit
Carried.
POWER COUNTY TRANSFER STATION/LANDFILL – DEMOLITION PIT: Power County Transfer Station/Landfill Supervisor Craig Heward appeared before the Commissioners to discuss the need for a new demolition pit at the Power County Landfill. Following discussion, the Commissioners agreed that they would need additional time to discuss appropriate specifications and this matter was tabled until May 9th, 2011, at 3:00 p.m.
POWER COUNTY PROSECUTING ATTORNEY – CRIMINAL PROSECUTIONS: Power County Prosecuting Attorney Randy Kline appeared before the Commissioners to discuss criminal prosecution, and more specifically a Prosecutor’s ability to prove the elements of a specific criminal charge versus criteria for dismissal and/or civil remedies. Also present was Tom Henesh d/b/a Indian Springs Natatorium, who reported that he had been unnecessarily inconvenienced when a criminal case was dismissed by the Prosecuting Attorney after service of subpoena that required his travel from Montana to Power County for Jury Trial on Friday, April 28th, 2011. Mr. Henesh then suggested that he be fully reimbursed for time and travel expenses incurred. Following discussion, the Commissioners agreed to table further consideration of this matter until May 23rd, 2011.
Adjourned.
VICKI MEADOWS, Chairman
LINDA ANNEN, Chief Deputy Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in regular session on Monday, May 9th, 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 – PARKING LOTS/SIDEWALKS: Power County Building & Grounds Supervisor Gary Thomson appeared before the Commissioners to discuss repairs and repaving of the parking lot at the Power County Courthouse Annex. At the outset, Mr. Thomson reported on several areas of damage to sidewalks and driveway approaches on County property adjacent to the Power County Courthouse. Following discussion, the Commissioners suggested that Mr. Thomson obtain quotes for any needed sidewalk and/or driveway repairs and this matter was tabled until May 23rd, 2011.
POWER COUNTY BUILDINGS & GROUNDS – PROPERTY MANAGEMENT PROPOSALS: Commissioner Meadows announced that it was the date and time scheduled to review proposals submitted by organizations or individuals to manage Power County’s idle properties. Following discussion, the Commissioners agreed to table further consideration of this matter until May 23rd, 2011. Carried.
POWER COUNTY TREASURER – TAX DEEDED PROPERTY: Power County Treasurer Deanna Curry appeared before the Commissioners to discuss disposal of Power County’s Tax Deeded Parcel #RPA1372-03. Following discussion, and a review of I.C. #31-808, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to schedule public auction of Power County Parcel #RPA1372-03 for Monday, May 23rd, 2011, at 9:00 a.m. on the front steps of the Power County Courthouse. Carried.
POWER COUNTY TREASURER – MONTHLY REPORT (I.C. #31-2113): Power County Treasurer Deanna Curry appeared before the Commissioners pursuant to I.C. #31-2113, to present her Statement of Treasurers Cash for the month ending April, 2011. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the Treasurer’s monthly report as presented. Carried.
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Meadows, seconded by Commissioner Funk, to move into executive session pursuant to I.C. #67-2345, to discuss the acquisition of interest in real property which is not currently owned by a public agency. Upon a call for the question, the following roll call vote was taken:
Commissioner Meadows – Aye
Commissioner Funk – Aye
Commissioner Anderson – Aye
Carried.
PROPERTY ACQUISITION – OFFER TO PURCHASE: The Commissioners reviewed the recent offer to purchase Power County Parcel #RPA1016-00. Following discussion, and a review of I.C. #31-807, it was moved by Commissioner Funk, seconded by Commissioner Meadows, to obtain an independent appraisal and a Certificate of Title Insurance on Power County Parcel #RPA1016-00, with any costs therefore to be paid from PILT building funds. Carried.
POWER COUNTY JUVENILE PROBATION – COMMUNITY SERVICE PROGRAM: Power County Juvenile Probation Department Supervisor Connie Shepherd and Juvenile Probation Officer Chuck Miser appeared before the Commissioners to discuss the Juvenile Community Service Program in Power County. Ms. Shepherd requested that the Board allow the Department to purchase a small trailer to haul equipment, debris, etc., and presented the Commissioners with a quote to install a tow package on the Power County Probation Department van. Following discussion, it was moved by Commissioner Funk, seconded by Commissioner Meadows, to approve the request for the installation of a tow package and purchase of a trailer for the Power County Juvenile Probation Department’s Community Service Program, to be paid from Juvenile Justice Lottery funds. Carried.
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Anderson, seconded by Commissioner Funk, to move into executive session pursuant to I.C. #67-2345, to consider records that are exempt from disclosure as provided in Chapter 3, Title 9, Idaho Code, specifically a recently deceased ward under the supervision of the Power County Guardianship Board. 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 AIRPORT – IDAHO COUNTIES RISK MANAGEMENT PROGRAM (ICRMP): Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Meadows, to approve and execute the General Aviation Airport Liability Application with the Idaho Counties Risk Management Program (ICRMP) for the period October 1st, 2011, through September 30th, 2012. Carried.
POWER COUNTY PLANNING & ZONING – COMMUNICATIONS (TABLE MOUNTAIN REPEATER SITE): Power County Building/Planning & Zoning Administrator Robert Steinlicht appeared before the Commissioners to review Power County’s application for the issuance of a Special Use Permit to construct the Table Mountain Repeater communications station. Following a review of Power County Code #10-18-4, the Commissioners and Mr. Steinlicht agreed that the construction of Power County’s emergency communications equipment is exempt from review and shall be permitted without Power County Planning & Zoning Board approval.
SOUTHEASTERN DISTRICT HEALTH DEPARTMENT – QUARTERLY REPORT: Sandy Sorrell of the Southeastern District Health Department appeared before the Commissioners to present the District’s quarterly report for the period ending March 31st, 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 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.
HARDSHIP EXEMPTION APPLICATION (I.C. #63-711): Power County Treasurer Deanna Curry appeared before the Commissioners to review the Hardship Exemption Application presented to the Board of Equalization on April 25th, 2011. Following discussion, and a finding by the Power County Board of Equalization that applicant has sufficient assets to relieve any hardship, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to deny the Hardship Exemption Application. Carried. The Commissioners instructed Power County Prosecuting Attorney Randy Kline to give written notice of denial to applicant.
POWER COUNTY ASSESSOR – CIRCUIT BREAKER APPLICATIONS (I.C. #63-706): Power County Deputy Assessor Becky Smith appeared before the Board pursuant to I.C. #63-706 to present the applications for circuit breaker exemptions. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Funk, to approve the circuit breaker applications as presented. Carried.
There being no further business to come before the Board, the Power County Board of Equalization recessed until May 23rd, 2011. Carried.
CLAIMS: Moved by Commissioner Anderson, seconded by Commissioner Meadows, to approve the claims as presented, amended and supplemented.
Current Expense $ 32,834.81
Ambulance District 1,760.39
Mosquito Abatement
District 16,060.00
District Court 3,969.57
Justice Fund 16,571.19
Misdemeanor Probation/
Drug Court 1,254.00
Elections 46.55
Indigent 6,782.11
Revaluation 21,994.00
Solid Waste 18,395.74
Weeds 284.62
Waterways 675.73
PILT 22,865.10
EXECUTIVE SESSION (I.C. #67-2345): Moved by Commissioner Anderson, seconded by Commissioner Funk, to move into executive session pursuant to I.C. #67-2345, to consider records that are exempt from disclosure as provided in 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 #2011-23-I: Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve indigent burial/cremation application #2011-23-I. Carried.
INDIGENT CASE #2011-18-I: Moved by Commissioner Meadows, seconded by Commissioner Funk, to approve indigent medical application #2011-18-I. Carried.
INDIGENT CASE #2011-20-I: Moved by Commissioner Meadows, seconded by Commissioner Funk, to deny indigent medical application #2011-20-I, since Power County is not the obligated County as provided by I.C. #31-3506. Carried.
POWER COUNTY TRANSFER STATION/LANDFILL – DEMOLITION PIT: Power County Transfer Station/Landfill Supervisor Craig Heward appeared before the Commissioners with Jeff Anderson of Anderson Construction to discuss Power County’s need for a new demolition pit. At the outset, the Commissioners and Prosecuting Attorney Randy Kline agreed that a published “CALL FOR BIDS” is not required for the construction of landfill demolition pits. Following discussion, it was moved by Commissioner Meadows, seconded by Commissioner Anderson, to approve and execute the letter of understanding between Power County and Nelson Construction to construct a demolition pit at the Power County Landfill. Carried. Following discussion, the Commissioners agreed table further discussion of this matter until May 23rd, 2011.
Adjourned.
VICKI MEADOWS, Chairman
CHRISTINE STEINLICHT, Clerk
POWER COUNTY
COMMISSIONER MINUTES
The Board of Power County Commissioners met in special session on Monday, May 16th, 2011. Present were Commissioners Ron Funk and Delane Anderson. Also present was Power County Clerk Christine Steinlicht.
POWER COUNTY BUILDING & GROUNDS – 508 GIFFORD (LEASE AGREEMENT): Following discussion, it was moved by Commissioner Anderson, seconded by Commissioner Funk, to approve and execute the Lease Agreement between Power County and the Pocatello Idaho Mission for rental of Power County’s duplex property located at 508 Gifford, American Falls, Idaho, for the period May 18th, 2011, through November 30th, 2011. Carried.
Adjourned.
RON FUNK
DELANE ANDERSON
CHRISTINE STEINLICHT, Clerk