CASSIA COUNTY COMMISSION REGULAR SESSION Monday, November 27, P a g e

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1 Cassia County Board of Commissioners MEETING MINUTES Cassia County Courthouse Commission Chambers 1459 Overland Ave Room 206 Burley ID :00 AM The Cassia County Board of Commissioners met today at the place and time as posted by agenda pursuant to Idaho Code for Open Meetings Law. AGENDA ITEMS 1) Call to order 2) Pledge of Allegiance and prayer 3) Roll Call 9:02 AM Roll Call. Present: Kerry McMurray - Administrator (Not voting), Tim Darrington - Member, Bob Kunau, Chair, Paul Christensen - Member, Doug Abenroth - County Attorney (Not voting), Hilaree Young - Deputy Clerk (Not voting). 4) 9:02 AM Calendar, meetings, and correspondence a. Joint Public Defender Meeting at 7:00 a.m. Tuesday, 11/28/2017 in Cassia County b. Joint Justice Meeting at 8:00 a.m. Tuesday, 11/28/2017 in Cassia County c. Planning and Zoning Hearing for Ordinance Change at 1:30 p.m. today, 11/27/2017 d. Public Meeting for Presentation of Selected Site and Draft Airport Layout Plan (ALP) a6 6:30 p.m. Thursday, 11/30/2017 at the Burley City Hall for Kunau e. Mid-Snake Resource, Conservation and Development (RC&D) Meeting at 11:00 a.m. Friday, 12/1/2017 in Twin Falls for Kunau f. Southern Idaho Solid Waste meeting on Wednesday, 11/29/2017 for Christensen 5) 9:05 AM Approval of Clerk s Office recommendations regarding junior college Certificate of Residency Forms 9:05 AM Motion: Clerk s Office recommendations to approve ten and deny five junior college Certificate of Residency Forms as presented, Action: Approve, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 6) 9:05 AM Personnel Matters Auditor s Office Accrual Payout Report to be held to discuss during Department Head Meeting 7) 9:07 AM Amendment of agenda Include Planning and Zoning along with subdivision ordinance amendments 1 P a g e

2 9:07 AM Motion: Amend Agenda for the noticed Public Hearing to include zoning ordinance amendments, Action: The board amend the agenda for this meeting pursuant to Idaho Code (4) (c) (good faith reason the agenda item was not included in the posted agenda): inadvertent exclusion of the word and after Planning and Zoning and before subdivision ordinance amendment, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 8) 9:07 AM Discuss Veteran Service Officer Georgianna Greenwell contract termination issues effective 2/1/2018 a. Kunau said Veterans Service Board member Ron Beedle is interested in filling this position. b. Administrator McMurray recommended Kunau meeting with Minidoka Commissioners Kent McClellan meeting with Georgianna Greenwell to discuss the procedure. c. Kunau will talk with McClellan and meet this week sometime. 9) 9:09 AM Approve minutes 9:09 AM Motion and Action: Approve minutes from 11/20/2017, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. 10) 9:10 AM Approve payables 9:11 AM Motion and Action: Approve both payable batches dated 11/27/2017, Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. UNFINISHED BUSINESS AGENDA ITEMS 11) 9:13 AM County Verizon cell phone users inventory and billing costs follow-up a. Kunau asked to look at providing a flat payment to employees for usage of their personal cell phones in lieu of the County providing a cell phone. b. McMurray had a meeting with the Verizon Wireless Representative and combined the jail employees with the Sheriff s Office and made Dan Renz administrator to make changes as needed. The Extension Office and Misdemeanor Probation Office phones were moved to a less expensive plan in line with actual usage. Two ipads were disconnected at the jail that were not needed. There were also other changes made to Adult Misdemeanor probation and the Extension Office phones to save money. c. Kunau expressed a concern that employees who are in positions that have a need for a Countyprovided phone be identified for when there are changes in assignments and personnel. d. McMurray and Verizon cleaned up the bills and have saved the county $ per month. 12) 9:24 AM County Industrial Development Commission Vacancies follow-up a. A volunteer application has been placed on the County website and notices have been published but there has not been much return on that. b. McMurray will work with the two active members to get the banking information updated and in order. 2 P a g e

3 13) 9:26 AM Adult Misdemeanor Probation facility follow-up a. Placement of cameras over money receiving areas as well as for security in the waiting area was discussed and suggested. b. Darrington said we have cameras in other areas of the County and it would be appropriate to have them in their office as well. c. McMurray was asked to follow up with Prewitt regarding placement of cameras. 14) 9:28 AM HIPAA Electronic Public Health Security Rule Compliance Plan follow-up a. McMurray has continued to work on the Compliance Plan. b. A password policy needs to work closely with this plan. c. McMurray is working with our current policy to integrate a security plan that includes a password policy. 15) 9:29 AM Password and Procurement Policy Follow-up a. A Password Policy will be formulated when our I.T. situation is resolved. b. Several Procurement Policy samples need to be reviewed to find the best approach for us. 16) 9:30 AM FY2018 SIEDO Payment Follow-up a. Kunau was concerned if we had received any request for payment from SIEDO since their presentation. b. He asked for discussion of that payment to be postponed for a week. He wanted to talk further with the City of Burley and Doug Manning regarding that. c. The Board contrasted site-specific projects done by Winston Inouye with the Mini-Cassia Commerce Authority with what is achieved with SIEDO based in Twin Falls. Concern was expressed with their new management team. d. Darrington expressed his desire to not support SIEDO as they have decided to do with the Chamber of Commerce. 17) 9:32 AM Global Surveillance progress follow-up a. McMurray reported the current project with Global Surveillance is the camera door and keyless entry into the new mail room. b. Data drops have been placed in that room. c. Darrington asked if Global Surveillance would be a vendor to supply the camera system for Misdemeanor Probation. McMurray stated that a Costco camera system would be less expensive. Kunau suggested just using the most economical system for that office. McMurray explained that using Global Surveillance was the best alternative for the more sophisticated systems. However, for simple video monitoring, a Costco system would be sufficient. SCHEDULED AGENDA ITEMS 18) 9:18 AM Computer Arts, Inc. (CAI) progress and follow-up a. Clerk Joseph Larsen reported to the Board that CAI representatives were here 11/21/2017 to work with the Recorder s Office and with the Auditor s Office. b. They worked with data tables for indexes of documents from the Recorder s Office. Contracts with title companies will be maintained for daily access of data from the Recorder s Office. c. Public access to recorded documents by way of a cloud service was worked with. Watermarking of the protected data will be customized for public access for online accessibility and individual review. Certified documents will still be obtained through the Recorder s Office. 3 P a g e

4 d. Larsen and CAI are working on a more protected water mark to assure the documents are not certified but to afford the public access to recorded documents on a cloud-based program. e. They will next be working over the next several weeks with General Ledger and Chart of Account establishment and conversion with CAI. Line items, categories, and descriptions will be slimmed down to be more closely aligned with other counties, in particular with Minidoka County to have a similar look and feel with our joint powers agreements. f. Considerable work will continue with the Auditor s Office followed by the balancing function of the Treasurer s Office once the Financial Module is setup with the Auditor s Office. g. The demo module for the Treasurer s Office had difficulty in getting setup due to server issues. They will continue to work with Stephenson s to help resolve that access through the establishment of a virtual network on the AS/ ) 9:43 AM Department Head Meeting a. Patty Justesen Treasurer i. Justesen provided a Treasurer s Cash Report and reported that her budgets are in order. ii. She will begin making phone calls to residents of the county who are late on their taxes. iii. Justesen expressed appreciation for the County Holiday Gift of a paid day the day after Thanksgiving. b. Martin Adams Assessor s Office i. Adams reported to that the Assessor s budgets are all in order. ii. He reported that today is final day for appeals for the sub-roll. iii. The Assessor s Office expressed thanks for the Holiday Gift Day as well. c. George Warrell Sheriff s Office i. Warrell reported there are two positions open in patrol and one with Dispatch. ii. He is currently working with employees that did not complete their Open Enrollment. iii. Gratitude was also expressed for the Holiday Gift Day. iv. Kunau asked Warrell about flood mitigation. Warrell reported that James Mullen from the Oakley Canal Company will be attending a Commissioner s Meeting as soon as possible in January to discuss flood mitigation. John Lind from BID will also be invited to attend the meeting. v. Christensen recommended Dave Zanone take pictures of potential problematic areas of the county. He also recommends inviting the flood districts to that meeting. d. Amber Prewitt Adult Misdemeanor Probation (AMP) i. Prewitt reported that PMT is scheduled to do wiring for the new AMP building. ii. Thanks was expressed to the Board for the Holiday Gift Day as well. iii. Darrington asked Prewitt what they are doing to get employee comp time under control. He also advised Prewitt that McMurray will be working with her to get the surveillance system in order. e. George Warrell Mini-Cassia Criminal Justice Center (MCCJC) i. Warrell reported that there are currently 163 inmates housed in the MCCJC. ii. There are four open positions at the MCCJC. f. Michael Ottley Weed and Pest Control i. Ottley provided the Board with photographs of the toilet facilities in his building. Ottley reminded the Board that they had discussed writing a letter to the City of Burley to see what could be done. 4 P a g e

5 ii. Ottley expressed thanks to the Board for the Holiday Gift Day. iii. Kunau asked Ottley about their employee comp time. Ottley reported they are going to be using their comp time in the next few weeks. iv. He reported that all his budgets are in order. g. Craig Rinehart Coroner i. Rinehart reported that the Coroner s Office had one death this month. ii. He is hopeful the Coroner s Office will have a pathologist in place within the next six weeks. iii. The Coroner budgets were reported to be in order. h. Joel Packham Extension Agent (not present) i. Kerry Mc Murray Administrator i. McMurray provided a financial report for the month of October with the Building Department. ii. Planning and Zoning will have an open board member position beginning 1/1/2018. iii. McMurray reported on the first-floor restroom. Kunau felt that there needs to be another full-sized water fountain that includes a water bottle spout. j. Doug Abenroth Prosecuting Attorney i. Abenroth reported that all of his budgets were in order. ii. Abenroth expressed thanks to the Board for the Holiday Gift Day. k. Joe Larsen Clerk i. Larsen provided the Board with a spreadsheet of employees who did not attend a required Open Enrollment Meeting, who hadn t watched the required video, and who had not met the deadline to enroll for health benefits with MBA. Overall, he was pleased with the Open Enrollment process this year going to online enrollment. ii. The FY2017 year should be finalized soon and they will begin the FY2017 outside audit. iii. Larsen followed up on the County credit card options. He explained the Department Travel Card that department heads could get to send with employees. Deputy Auditor Carrie Merrell is the contact person for any County Credit Card needs or concerns. l. Sam Adams Road and Bridge i. Adams reported attendance at an Idaho State Department of Transportation conference recently with Darrington. ii. He is in the process of updating his part-time help list with changes. iii. Adams is assisting the Auditor s Office with information to facilitate the completion of the required annual Road and Street Report. iv. There are five culverts that Road and Bridge will be replacing which should be completed this week. v. He reported all his budgets are in order. 5 P a g e

6 20) 10:41 AM Executive Session (for the purpose of discussing indigent matters) 10:41 AM Motion: To consider records that are exempt from public disclosure for the purpose of evaluating indigent recommendations, Action: Enter Executive Session pursuant Idaho Code (1) (d), Moved by Tim Darrington - Member, Seconded by Paul Christensen - Member. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). Yes: Tim Darrington - Member, Bob Kunau - Chair, Paul Christensen - Member. 10:59 AM Motion: Recommendations of the Social Services Director regarding indigent matters, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 21) 11:26 AM United States Forest Service (USFS)/Bureau of Land Management (BLM) Report a. Loren Poppert USFS District Ranger i. Pilot Gold has begun exploratory drilling at Black Pine. They have drilled five out of a total of twenty-one holes. ii. Poppert reported the USFS released a Notice of Intent in regards to Sage Grouse on 11/21/2017. iii. Pomerelle Mountain and Magic Mountain both have been cleared by the USFS for their 2017 Ski Season. iv. Poppert has not been notified on what the USFS budget for 2018 will be. The previous year s resolution was valid through 12/8/2017. b. Jim Tharp BLM Burley Office Assistant Field Manager i. Tharp presented an update on Goose Creek Flood Control. They have completed one trench and they will be digging two more. ii. The BLM is going to be replacing the Black Pine Road culvert. iii. Tharp extended an invitation to the Board to review how the BLM masticates the ground following a wildfire. The BLM will perform mastication soon at locations of wildfires from this past summer. 22) 11:49 AM Recess until Public Hearing at 1:30 p.m. 11:49 AM Motion: Recess until the 1:30 p.m. scheduled Public Hearing, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. Motion passes unanimously. 23) 1:31 PM Public Hearing Planning and Zoning and Subdivision Ordinance Amendments a. Kunau stated a notice of public hearing was published on 11/9/2017. b. Attorney for the County, Geoff Wardle provided an errata sheet identifying minor modifications made of changes and corrections requested. Additional comments along with oral testimony from the meeting were considered as well as concerns raised by Tyson Nelson, attorney for Gibby Farms. He stated those concerns were valid and were beneficial to clarify processes that can be taken care of by the Planning and Zoning Committee, the Zoning Administrator, as well as the Commissioners. c. Wardle reviewed changes that had been made since the version of the previous hearing. Clarifications were made regarding when the Zoning Administrator can make modifications. Part 6 P a g e

7 of the confusion of the past of when the Zoning Administrator had the ability to make modifications. Limited circumstances that do not relate to material in which the Zoning Administrator can modify a CAFO permit were defined. d. Material modifications to a permit will require the Planning and Zoning Commission to review and evaluate and then make recommendations to the Board. e. Changes will provide for waivers for the use of variances as authorized by Idaho Code. Waivers for variances should be processed similar to conditional use permits. f. Language for the length of time an applicant has to put their permit into effect was addressed as well as clarification with ambiguous and conflicting language. The permittee would have three years with which to put the process in place. g. Conditional Use Permit provision ambiguity was clarified on how CAFO permits are processed as a recommendation from the Planning and Zoning Commission to the Board. h. As currently written, the timing poses a burden to the Planning and Zoning Commission that may be difficult to meet at times. To accommodate the ability to have a quorum, it may not be possible to render a decision in 30 days. That was extended to 45 days. i. A survey revealed that a 210-day time period for the definition of CAFO was longer than anyone else. They typical range with other counties was from 120 to 180 days. It was suggested that 150 days was an appropriate duration. They desired to not have typical temporary ranching operations to turn into CAFO s. j. Wardle said it was never the intention to take typical ranching operations and turn them into a CAFO. That is why a pasture management rotation system was put in place for additional oversight. k. A revised version of the document was prepared following a comprehensive review of the Planning and Zoning Commission that does not fundamentally change regulations, just the process. That was the goal to avoid conflicts that had arisen with the ordinance. l. Kunau asked for any public comment. m. Reed Gibby said he had read through the document and also had his attorney, Tyson Nelson review it as well. His view was that the ordinance does cause much more effort of regulation oversight for a farmer that makes it impossible for a young operator to start out and to comply. He said the rules make it utterly impossible for a young operator just starting out to comply. He said there are three lawyers telling the Board what to do and he has to hire a lawyer to keep up with everything. Gibby stated he is all for the Commissioners who are elected being the ones to make these decisions. An election can allow for a change if citizens do not like the decision of a Commissioner. Dual meetings to resolve this is divisive. The rules, if complied with, should allow a permit. They should be easier not more complicated. He asked why the County have more stringent requirements than what the State requires. He felt that oversight is excessive. n. Attorney Tyson Nelson asked for more notice when changes are as comprehensive as this. He asked for the Commissioners to carefully weigh the changes. The definition of a CAFO and the time element change should arise from an existing issue rather than to be just like neighboring counties. o. Nelson felt that a setback for a pasture isn t necessary. Additional regulation shouldn t be necessary to graze cows in a pasture. p. The length of time is just over six months for the process from the time of the first notice for Planning and Zoning to going before the Board of Commissioners. He felt the process could be 7 P a g e

8 improved by just having one hearing before the Board of Commissioners. No other land use issue requires dual hearings. q. Nelson said currently it takes 60 days to be issued a conditional use permit. Revised amendments now could take 195 days or six and a half months. He asked what was broke in the process enough to triple that process time. He said McMurray said it is difficult to get a quorum of Planning and Zoning Commission members in a 30-day timeframe and said that happens a couple of times a year. Nelson said he felt that was an exception rather than the rule. He said it would be reasonable to establish a rule that allows for exceptions. r. Gibby discussed cow-calf operations that could put an undue burden forcing them to make management decision instead of what is best for their operation. He encouraged leaving the time to 210 days which a calf may require. That would necessitate obtaining a CAFO. s. Darrington said that was a good point. Wardle said the Planning and Zoning Committee did discuss the cow-calf operation and reasonable times to not have to go to a CAFO situation. They also discussed setbacks for pastures as well. t. Wardle discussed that the Planning and Zoning discussion included for a requirement of pasturing of animals and potential relief of setbacks. u. Darrington discussed working on closing some of the gaps to avoid future ligation against the county. That is why Wardle had explained there is relief for special situations. v. Christensen said when Planning and Zoning was first setup it was to get wider representation and because of the work load. It provided one more opportunity to hear the situations before going to the District Court. w. Wardle explained that the local land use planning act allows for either establishment of a Planning and Zoning Commission or to go directly to the Board of Commissioners. It also allows for those with a vaster knowledge to be involved with the decision making ahead of the Commissioners. He felt comfortable with compliance with Idaho Code with this proposed process. x. The board has shown their willingness to work with operators with specific situations. y. Christensen said he felt the timeframes that have been constructed are reasonable based on balancing protecting of the public and allowing the entrepreneur to operate. 2:17 PM Motion: Closing of the Planning and Zoning hearing, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. z. The current emergency ordinance expires on Sunday, 12/3/2017 and current ordinances would be put back in place at the expiration of that emergence ordinance. The Board felt they were in a position to make a decision today. Christensen stressed these are living ordinances and documents and this is a good place to start but can be changed if needed along the way. Darrington and Kunau agreed. 2:21 PM Motion: Act on recommendation of counsel and adopt the proposed Planning and Zoning Ordinance as presented, Action: Approve, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 8 P a g e

9 24) 2:23 PM Adjourn 2:23 PM Motion and Action: Adjourn, Moved by Paul Christensen - Member, Seconded by Tim Darrington - Member. 9 P a g e

10 APPROVED: /s/ Bob Kunau, Chair DEPUTY CLERK OF THE BOARD: /s/ Hilaree Young 10 P a g e

11 11 P a g e COUNTY EXPENDITURES ATTACHMENT

12 COUNTY EXPENDITURES 11/27/2017 DEPARTMENT FUND/DEPT AMOUNT 104 Current COUNTY COMMISSIONERS $0.00 Expense AUDITOR & RECORDER $ Fund TREASURER $0.00 ASSESSOR $ PUBLIC DEFENDER $0.00 AGRICULTURAL EXTENSION $0.00 COUNTY BUILDING $ JUDICIAL CENTER $0.00 BOARD OF HEALTH $0.00 PLANNING & ZONING $59.89 GENERAL $2, CIVIL DEFENSE $ COUNTY ELECTIONS $0.00 LAW ENFORCEMENT BUILDING $44.10 COUNTY ADMINISTRATION $0.00 VETERANS SERVICE OFFICER $0.00 CURRENT EXPENSE FUND TOTAL $3, Dedicated SOCIAL SERVICES $41, Funds CONFLICT INDIGENT DEFENDER $3, CASSIA COUNTY COURTS $ COUNTY ROAD & BRIDGE $ WEED & PEST $0.00 SOLID WASTE $0.00 AMBULANCE SERVICE $0.00 FAIR EXHIBITS $0.00 HISTORICAL SOCIETY $0.00 COMMUNITY COLLEGE $0.00 REVALUATION $ COMMUNICATIONS $3.39 CONSOLIDATED ELECTIONS $9, COUNTY WATERWAYS $0.00 COUNTY SNOWMOBILE $0.00 ASSESSOR TRUST $ K-9 TRUST $0.00 EMERGENCY MEDICAL SERVICE $0.00 NARCOTICS SEIZED ASSETS $0.00 CASSIA DRUG TASK FORCE $0.00 D.A.R.E. TRUST $0.00 PHYSICAL FACILITIES $0.00 ADULT MISDEMEANOR PROBATION TRUST $0.00 ADULT MISDEMEANOR PROBATION $2, VIOLENT PREDATOR ACCOUNT $0.00 BOX ELDER COUNTY BOOKMOBILE $0.00 WIDOW BENEFIT TRUST $0.00 DEDICATED FUNDS TOTAL $57, Justice JUSTICE FUND $0.00 Fund CLERK OF THE DISTRICT COURT $0.00 MINI-CASSIA JUVENILE PROBATION $0.00 PROSECUTING ATTORNEY $0.00 CORONER $0.00 SHERIFF - PATROL $ SHERIFF - INVESTIGATIONS $0.00 SHERIFF - DISPATCH $0.00 SHERIFF - ADMINISTRATION $45.50 MINI-CASSIA CRIMINAL JUSTICE CENTER $7, MINI-CASSIA JUVENILE DETENTION CENTER $0.00 SHERIFF - PATROL (City of Burley) $1, SHERIFF - INVESTIGATIONS (City of Burley) $ SHERIFF - ADMINISTRATION (City of Burley) $0.00 Rev. 2017_04_28 JUSTICE FUND TOTAL $10, TOTAL EXPENDITURES $70,924.89

13 13 P a g e ATTENDANCE LOG ATTACHMENT

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