Commission Minutes

DECEMBER 1, 2008 30TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Hearing Room at 9:00 a.m.
pursuant to adjourn with all members present and the following proceedings were had
and made a matter of record.

Prayer was led by Helen Soutee followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants
#306998 through #307164, #307183 through #307247. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

BLACKBERRY DRIVE
ROAD PETITION

The County Commission took up the petition to establish Blackberry Drive as a
county road. Commissioner Herschend stated that he was concerned that the county is
taking in roads that need to be rebuilt and that are smaller than normal. Commissioner
Herschend added that he has struggled for the last 8 years to be responsive and not build
roads for subdivisions.

Commissioner Pennel read the petition into record as “Blackberry Drive a dead
end residential aggregate road Section 12, Township 22, Range 22.” The comments of
the reviewer noted this roadway is in fair to poor condition. The roadway needs widen
and ditched on the south side of the road. There is only one cross culvert and it will need
replaced. The road will need aggregate added and a turnaround established. I have
talked to one of the homeowners, who initiated the petition and he is talking to neighbors
to make a turnaround possible. Some of the right of way will need clearing and a railroad
tie retaining wall will need removed. The entrances on the south side of the road will
need culverts installed when ditch line is excavated. I would estimate the improvements
to cost approximately $15,000 to $20,000. I would recommend a class V if taken into the
county system.

Commissioner Pennel made a motion to table until the Commission has the
opportunity to visit with the petitioner. Commissioner Herschend mentioned that we
should check where the highline poles are and see who owns that property.
Commissioner Herschend seconded the motion and added that they should probably
check with the Sewer Administrator as well. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

BEAR ROAD
ROAD PETITION
 The County Commission took up the petition to establish Bear Road as a county
road. Commissioner Pennel read the petition into record as “Section 15 Township 23
Range 21 named road is Bear Road.” Commissioner Herschend read the following
comments of the reviewer: This road is a through road that serves eight homes at present
and one archery business. The road has 1,200’ that is chip seal and the rest is base rock
surface. There is some ditch work that needs to be done and along with some minor ditch
cleaning. The main entrance on the east end needs concrete removed from the ditch line
on the flow out side of culvert. There are two water valves in the road surface next to the
shoulder that needs to be cut down to surface elevation and concrete around the lids to
stabilize. A ditch line on the west end of the road needs to be cleaned and shaped. One
driveway needs ditch work to prevent washing when the water gets to the roadway. The
hills on both sides of the hollow have grades that range from 15-22 percent. The base
rock section of this road should be chip sealed, especially on the hills to prevent wash
boarding and help with traction. I have met with the developer when I reviewed this road
and he said most or all of the drainage issues and water valves that I listed would be taken
care of before December 1st. I would recommend a class V if taken into the county
system.

Commissioner Herschend asked if there was an estimated cost for taking in the
road. Randy Haes, Road Coordinator noted that he had not estimated the costs as yet.
Commissioner Strahan made a motion to accept the road contingent upon Jack Harris,
Developer chip and sealing this road in the spring of 2009. Commissioner Pennel
seconded the motion.

Commissioner Pennel pointed out that in asking Mr. Harris to do this is consistent
with other roads that have been taken in by the county. Commissioner Herschend asked
that the Commission consider taking the road in now and asking Mr. Harris to reimburse
the county for the chip seal because by next year there could be other issues arise and
added that Mr. Harris has done everything the county has asked him to do. The motion
passed by vote: Pennel (yes), Herschend (abstain), Strahan (yes).

CLEO BOARD MEMBER

Commissioner Pennel informed the Commission that he was notified that the
Commission would need to appoint a member to the CLEO board and added that Pat
Shea had been recommended.

Commissioner Herschend asked what the role of a CLEO member was.
Commissioner Pennel noted that he was not sure. Commissioner Strahan made a motion
to table the appointment until the Commission could obtain references on Mr. Shea.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

LATE FEE
PROPERTY TAX REQUEST
 Cindy Hemenway from the County Clerk’s Office presented a request for late fees
to be waived on real estate property #03-7.0-26-000-000-007.000 noting that the
Assessor missed processing the deed and a tax statement not being received.
Commissioner Pennel made a motion to approve the request and reverse the late fees
noting that in the last BOE the board adjusted the Barkley’s. Commissioner Herschend
commented that they had come in to talk about the current year; this request is for 2007
which is apples and oranges. Commissioner Pennel stated that there was an error, the
deed was missed the Barkley’s was that the basement was put on for full value when it
was only partially completed which is the same error.

Assessor Strahan stated that this case has nothing to do with the other one, that
there was no erroneous mistake; the deed came in after the deadline to do splits.
Commissioner Herschend commented that he was concerned that the Commission was
changing their direction in what has been done in the past and added that this case is for
an employee. Commissioner Pennel noted that he didn’t know that and that it was
irrelevant.

Commissioner Strahan made a motion to deny the request. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (no), Herschend
(yes), Strahan (yes).

PUBLIC COMMENT

Bob Schanz commented that with what has happened in India, does the county
have any plans for the county. Commissioner Pennel noted that it was a good idea
however it was not a Commission issue.

Justin Gage, Hollister Interchange spoke to the Commission regarding the
presentation to the public for the East West Corridor and the Event Center but had not
prepared as there was some confusion with him being placed on the agenda.

Commissioner Herschend stated that Mr. Preston had come to the Commission
after attending a meeting with you and gave us a copy of a speech you were going to start
giving to the public about sales tax, you have got documents from the engineer who we
have stopped work with and based on a design that the county hasn’t even approved.

Mr. Gage noted that he was set to give a presentation to the Commission but that
his goal today was to give the Commission a brief update on what was going on and then
give a full presentation at a later date. Commissioner Herschend asked if Mr. Gage’s
funding was depending on $500,000 from GCR and added that the speech that was given
to Mr. Preston was that you would receive money from both GCR and RBT.

Mr. Gage noted that it was just a draft of a speech. Commissioner Herschend
asked if in his speech was he making that announcement and had he come to the
Commission to ask to spend that money. Mr. Gage noted yes, he had obtained a copy of
the budget and spoke with the County Auditor, I don’t want to speculate. Commissioner
Herschend added that that was his concern that he speculated. I think that the East West
Corridor is critical but how are we going to pay for it, don’t know we haven’t gotten that
far yet. Commissioner Herschend added that Mr. Gage has made plans to spend someone
else’s money but without their involvement in the process.

Commissioner Pennel stated that is Mr. Gage has a plan that the Commission will
hear it and then the Commission will have to make a decision. Commissioner Herschend
added that he didn’t think Mr. Gage heard him; it is not his place to go to the public.
Commissioner Strahan stated that he would rather see Mr. Gage speak to all the
Commission at once and added that any tax brought before the people right now concerns
him.

RECESS
10:59 a.m.

RECONVENE
1:28 p.m.

The County Commission reconvened with Chuck Pennel, Presiding and Ron
Herschend, Western Commissioner present.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

Frank Preston, Road Administrator and Tressa Luttrell, County Administrator met
with the Commission to discuss various issues.

1. Minimum Flow: Mr. Preston informed the Commission that he would be
reviewing the document received by the Corps of Engineers for the Minimum
Flow Environment Impact Study.

2. Clevenger Cove: Mr. Preston discussed an issue involving property owners on
Clevenger Cove where the neighbors are demanding that right of way be given,
which would be right in a front yard or they are going to cut down some trees that
are on the other side of the property as a buffer.

Commissioner Herschend stated that the side road is not a county road but that the
property owner has been asked to give up 5 feet which would put the bumper of vehicle
parked in front of his garage out in the roadway. If he doesn’t sign, the neighbors are
going to cut down his trees. Commissioner Herschend noted that the costs would be
about $1,400. Commissioner Pennel noted that it sounded like fixing the wall is of
benefit to the county.

3. Combs Floor Covering: Ms. Luttrell noted that she had a bill from Combs
Flooring for carpet which was over $8,000; however the proper paperwork had
 not been done. Commissioner Herschend made a motion to pay the bill for the
carpet and to instruct John Lavender that nothing is to be purchased without first
going through Ms. Luttrell. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

4. Board of Adjustment: Commissioner Pennel commented that the Board of
Adjustment was in need of an additional member and recommended David
Nelson. Commissioner Pennel made a motion to appoint David Nelson to the
Board of Adjustment. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

GEORGE GERTH
SEWER ISSUE

George Gerth met with the Commission to discuss a sewer issue that could tie into
the Dam Site situation. Commissioner Herschend made a motion to ask Great River
Engineering to look at the cost of taking the sewer from Gerth’s plant to the road bore.
Commissioner Herschend noted that he thought the estimated engineering costs couldn’t
be more than $2,000. Commissioner Pennel asked where Commissioner Herschend was
going, as he felt with the discussion had, Mr. Gerth has an estimate of what it would take
to connect.