Commissioner's Minutes 01-30-06

COMMISSIONERS MINUTES JANUARY 30, 2006

The Elmore County Commissioners met in regular session on the above date in the basement of the Elmore County Courthouse, 150 South 4^th East, Mountain Home, Idaho 83647.

Present at the meeting were Chairperson Mary Egusquiza and Commissioners Larry Rose and Connie Cruser. Also present at the meeting was Clerk Gail Best.

Motion by Egusquiza, second by Cruser, to approve the minutes of January 23, 2006. There was discussion and an amended second was added to the minutes.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

There was general discussion to try and determine the role of Fair Board members. There was discussion regarding when the Fair levy was added to the County levies and whether or not there had ever been an actual Fair District in Elmore County. The Clerk will do some research.

Ted Knudson appeared before the Board with a contract for Patty Gentle as a Certified Mediator for Elmore County. Mr. Knudson stated that Ms. Gentle has just completed her Mediation Certificate for Idaho, and has previous experience in other states as a Mediator. Mr. Knudson said this is the same contract as we had for the previous mediator. Motion by Rose, second by Egusquiza for the County to enter into a Professional Services Contract with Patty Gentle for assessment and counseling services in the field of victim-offender mediation.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

Ted gave the Board his November and December activity reports as he was unable to attend either of those month’s elected officials and department heads monthly meetings.

Terry Ratliff appeared before the Board to discuss his quarterly report. The Board reviewed the report with Mr. Ratliff. Mr. Ratliff stated he has been appointed by the Court in a divorce contempt case under Rule 75 of Civil Procedure. Mr. Ratliff stated it is rather an unusual situation, but he has been appointed and must serve. Mr. Ratliff answered any and all questions the Board had for him, and it was agreed that there have been no complaints about his services thus far in the relationship of contract public defender.

Brett Hyatt of Holmstead, Hyatt, Coleman and Mahlke appeared before the Board to present the 2005 audit for Elmore County. Mr. Hyatt stated that Elmore County had a clean audit for 2005. Mr. Hyatt reviewed some main points with the Board. Mr. Hyatt stated he would like to review some of the firm’s suggestions for improving control procedures: The Sheriff’s Department has three methods of remitting receipts to the Clerk/Auditor. Some funds are remitted monthly in the form of cash and checks (collections for bonds, expense reimbursements, State prison holding, etc.) Some funds are deposited into a checking account maintained by the Department and a check is sent monthly (weapons checks, concealed weapons permits, driver’s license money, etc.) Some funds are deposited into a checking account maintained by the Department and a check is sent quarterly (brand inspections, summons service, etc.) The Treasurer is charged with being custodian of all county monies. All county funds coming to the county pass through the Clerk/Auditor on their way to the Treasurer. We would recommend that the County revise the process that receipts coming from the Sheriff’s department are handled to correspond to other departments where funds received by the Department are transferred directly to the Clerk/Auditor on a daily basis so that the Treasurer can keep all funds for the benefit of the County. There is a provision in the Idaho Statutes (31-1803) for the Sheriff’s Department to have a separate account. However, this account functions as the Sheriff’s “petty cash” fund, from which “traveling and hotel expenses, training” and other expenses are paid from. Then the Department sends receipts to the Clerk/Auditor requesting reimbursement back into the account.

The Board stated they would have the Clerk invite the Sheriff to a Board meeting so this suggestion could be discussed with him. Clerk Best stated that this has been suggested previously but they have not had success with implementation. Chief Deputy Auditor, Merrilee Hiler, stated this would be a good time to implement the change because they should have additional revenue coming in when the new jail becomes operational.

We have noted earlier that there are two accounts that are being held for investment with little or no activity. One is at U.S. Bank titled the “Law Enforcement Fund” and the other at the Pioneer Federal Credit Union as the “SUI” (Special Investigative Unit). As these accounts are relatively inactive, the County may want to transfer the funds to the Treasurers Office to be held for the benefit of the Sheriff’s Department.

There was discussion about limiting extra accounts, and certainly those with little or no activity.

There was also discussion about continuing the process of assigning added importance to the revenue side of the budgets for better management review and to refine the budgeting process in matching expenditures and revenues by department and fund. Clerk Best stated the biggest problem is the Justice Fund, which has the highest expenditures and the lowest revenue.

We noted that during the peak activity time for the County Fair, daily receipts were not being deposited on a daily basis. We would recommend that the Board have an established policy that County funds are deposited daily for all county activities. In our past discussions with the Fair Executive Director we noted that the Director seems to have significant responsibilities during fair week. Just as a suggestion for consideration, our experience has been that other counties have a Fair Board Member acting as treasurer. The treasurer is given significant responsibilities for Fair Board funds. Another county hires a bookkeeper to track financial activity of the Fair Board fund for a nominal cost. Relieving the Director of some responsibility would allow her to concentrate more on the success of the fair and also allow more segregation of duties.

There was discussion on methods of improvement for revenues from the Fair. This will be discussed with the Fair Board.

Motion by Cruser to implement the policies suggested by the outside auditor to create better procedures with the Sheriff’s accounts and Fair Board deposits during the Fair, second by Egusquiza.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Egusquiza, to recess for lunch to conduct a jail inspection.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

At 1:30 p.m. the Commissioners went into Executive Session pursuant to I.C. 67-2345(d) on a motion by Egusquiza, second by Cruser, to meet with Social Services Director Marianne Bate.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

The following decisions were made.

K-12-05-09 Motion by Rose, second by Cruser, to deny as not indigent, no interview, and can pay over a 5 year period.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

K-01-06-04 Motion by Rose, second by Cruser, to deny as not obligated County.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

K-12-05-08 Motion by Egusquiza, second by Rose, to deny as not indigent, no interview, and unable to determine indigency.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

K-12-05-10 Motion by Rose, second by Egusquiza, to approve with reimbursement of $200.00 per month. Commissioner Rose withdrew his motion, Chairperson Egusquiza withdrew her second. Motion by Egusquiza to approve with a reimbursement order of $50.00 per month and 50% of total income tax received yearly, second by Cruser.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

K-09-05-02 Motion by Rose, second by Egusquiza, to approve on reconsideration with reimbursement order of $25.00 per month with re-evaluation after one year. Discussion followed. Commissioner Rose amended his motion to approve on reconsideration with reimbursement of $50.00 per month, with re-evaluation after one year, Chairperson Egusquiza amended her second.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

K-09-05-10 Motion by Rose, second by Cruser, to approve with a reimbursement order of $50.00 per month with re-evaluation after one year.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

The fuel bids received were reviewed by the Board. Two bids were received, one from Hiler Brothers and one from Hawley’s Automotive. There was discussion regarding the bids.

Motion by Rose, second by Cruser, to accept the Hiler Brother’s bid because it was the lowest. There was discussion and Chairperson Egusquiza stated that Commissioner Rose had the two mixed up because Hawley’s Automotive was the lowest. Motion and second were withdrawn.

Motion by Rose, second by Cruser to accept the Hawley’s Automotive bid for fuel at 1.910 for gasoline versus the other bid at 1.955 for gasoline.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

A warranty deed from Elmore County to Iglesa Pentecostal Church prepared by the Prosecutor was reviewed by the Board. Motion by Egusquiza, second by Rose, to approve and sign the warranty deed from Elmore County to Iglesa Pentecostal Church for Lots 1, 2, 3, and 4, Block 24, North Addition to Glenns Ferry subject to the conditions and reservations therein.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

The expiration of Nick Nettleton’s term on the Planning and Zoning Commission was discussed. This was first discussed at the meeting of January 23^rd so it was previous business. Motion by Egusquiza, second by Cruser, to extend Nick Nettleton’s term on the Planning and Zoning Commission for four more years, which would be February 9, 2010.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

An application for Mary E. Smith to be appointed to the Board of Guardians was considered. Motion by Cruser, second by Egusquiza, to accept the application of Mary E. Smith to be a member of the Board of Guardians.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

The Elmore County Personnel Policy was discussed. The Employee Committee has suggested a change to four sentences in the policy in response to requests from the Board and other elected officials. On page 13 under Vacation Leave, the first sentence will read “Accrued vacation leave is available to full-time employees who have completed 90 days of employment.” The second paragraph will read “All vacation accrued must be taken at the end of the 1^st year following the accrual. Upon approval by the elected official, the use of vacation time can be extended for a period of 3 months. Compensation will be made upon termination within the first year. Vacation leave time not taken, will be compensated for only at the time of separation or upon retirement, to the maximum allowed in the above listed schedule.”

On page 13 under Holidays the second paragraph has been amended to read “Employees who work on holidays shall be scheduled to receive a substitute holiday with pay; and must be used, or lost within 60 days of said holiday. Unscheduled emergency work on holidays shall be compensated at the rate of one and a half times the employee’s regular rate of pay even though the work does not constitute overtime.”

The Board stated there might be other changes that could be made at this time since they were reviewing the policy anyway. There was general discussion. No decision was made on the proposed changes submitted to the Board.

The Amended Findings of Facts and Conclusions of Law for the Rick Taylor Conditional Use Permit was reviewed. Motion by Egusquiza, second by Rose, to approve the Amended Findings of Facts and Conclusions of Law for Rick Taylor’s Conditional Use Permit for an Auto Repair/Restoration Shop, Including Sales and Storage Under the Junkyard/Wrecking Yard Ordinance.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - Approves the Findings of Facts in context but stands by her original vote of NAY Motion carried and so ordered.

A letter from Larry Tripp of the Forest Service regarding ownership of the docks on Anderson Ranch Reservoir was discussed. Motion by Cruser, second by Egusquiza, to direct Clerk Best to reply to the letter saying that the County will transfer all remaining docks at Anderson Ranch Reservoir to the Forest Service.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER - AYE Motion carried and so ordered.

Chairperson Egusquiza read the Certificates of Residency into the record: Maria E. Dominguez and Shannon Leigh Ramsey. Motion by Egusquiza, second by Cruser, to approve the Certificates of Residency as read.