January 20, 2004, Emmett, Idaho

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1 January 20, 2004, Emmett, Idaho Pursuant to a recess taken on January 13, 2004, the Board of Commissioners of Gem County, Idaho, met in regular session this 20th day of January, 2004, at 8:00 a.m. Present: Ed Mansfield Sharon Pratt Michele Sherrer Susan Howard Chairman Commissioner Commissioner Clerk Whereupon the following proceedings were had, to-wit: January 20, 2004: Pledge of Allegiance was said. CLAIMS: The claims presented were reviewed. A motion was made by Commissioner Pratt to approve the claims presented, with exception to those noted on January 20, 2004, Claims Approval Report. It was seconded by Commissioner Sherrer and carried unanimously. INDIGENT APPLICATIONS: A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously to go into executive session under Idaho Code (1)(d). Deputy Clerk Sue Spencer presented the following indigent applications: Application needed a release of statutory lien signed because the claim was paid Application needed a release of statutory lien signed because the claim was paid Application needed a Notice of Hearing signed Application needed a Notice of Hearing signed Application for medical expenses needed an Order of Non-Reimbursement and a release of statutory lien signed for a deceased indigent Application for additional medical expenses Application needed a release of statutory lien because of approval of Medicaid Application for rent and power assistance. A motion was made by Commissioner Pratt, seconded by Commissioner Sherrer, and carried unanimously to come out of executive session. A motion was made by Commissioner Pratt to sign

2 releases of statutory lien for and , to sign Notices of Hearing for and , to approve and sign a release of statutory lien and an Order for Non- Reimbursement for , to hold the decision for for further research, to sign a release of statutory lien for , and to approve rent and deny power because of no emergency and sign a statutory lien for It was seconded by Commissioner Sherrer and carried unanimously. TIM GRIM, HOLLADAY ENGINEERING BRIDGE REPORT: Tim Grim from Holladay Engineering met with the Commissioners to give them an Idaho Transportation Department Bridge Inspection report. There were several high priority items that they recommend doing in the next six months. Dennis Pulley, Road and Bridge Supervisor, stated that some of the items have already been taken care of. The Commissioners asked that Dennis report as the other items are finished. PUBLIC WALK-IN & INPUT: Terri Barrus met to ask about the decision the Commissioners made on a rezone request they asked for. She would like to contest the decision, based on the reasons for denial. Terri gave examples and addressed each item, all of which were cited in a letter presented to the Board. The Commissioners agreed to look at her proposal and documentation. LaTisha Bowman from Starfish Promise Coalition met to ask for support for Red Ribbon Week on Feb 9-14, VICTIM WITNESS QUARTERLY REPORT: Traci Fedrezzi reported on the Victim Witness program. The numbers were up substantially in almost all areas, including the number of cases and the number of times other services have been given. She reported on the excellent training provided by Mark Wynn on domestic violence. Approximately 74 people attended the training. Every City Police Officer and County Sheriff officer have now been trained. PROSECUTING ATTORNEY MATTERS: Prosecuting Attorney Richard Linville met with the Commissioners concerning legal matters. Moratoriums can be passed on issuing certain permits, including planning and zoning permits. The moratorium can only be 182 days long and there has to be eminent peril to public safety and/or welfare, and it must be put in writing. It is found in I.C PA Linville has revised the public defender conflict contract with a yearly amount of $24,000, effective October

3 1, NEW PUBLIC DEFENDER CONFLICT CONTRACT SIGNED: A motion was made by Commissioner Sherrer to sign the Public Defender Conflict Contract between Kathy Edwards and the County in the amount of $24,000 per year, effective October 1, It was seconded by Commissioner Pratt and carried unanimously. The Board recessed for lunch at 12:00 p.m. at LaCosta Restaurant with Gem Plan, and reconvened at 1:30 p.m. VLT GAMING: Ron Erickson from Las Vegas Gaming met to answer questions concerning their proposal to put VLT machines in Gem County if the initiative passes the vote of the people in the November 2004, election. Hi Lorensen stated that the Attorney General has made statements that VLT machines are slot machines and are illegal in Idaho. Commissioner Sherrer stated that there will be no decisions made in Gem County unless the VLT Gaming initiative passes the entire State. Ron Erickson introduced Hoolea Paoa who was in attendance to speak for Shawn Scott and Debbie Bishop who was also here to answer questions. Ron stated that Shawn Scott was unable to make it to Idaho from Maine because of the weather. Hoolea Paoa explained the comment from the Attorney General Office that slot machines are illegal. Hoolea explained that they are not putting in slot machines. They are proposing Video Lottery Terminal (VLT) machines, and explained the difference. He believes those type of machines are legal in Idaho and are just another form of a lottery. Joseph W. Jensen asked how you can separate a slot machine and a lottery machine. He was told that it is very tough to separate the two because they are both gambling. There is a central accounting system for VLT machines the house does not hold the money. Mr. Jensen asked why we need it in Gem County. He was told that it will help the horseracing business, the County fairs, and other activities in the County. He was told that horseracing will die if there is not another industry to fill in the dips in the industry. Ron Erickson told of an example of several racetracks that were close to closing and were resurrected because the VLT gaming machines were brought in.

4 Debra Hope, Idaho CAGE, asked about the split of the money. She said that if 20% of the proceeds are dispersed to the various named places, where does the rest of the money go. She was told it goes into operation expenses and servicing the debt. She was told that the initiative is being funded by Shawn Scott. Tom Hoppell said there is supposed to be a certain amount of money built in to do a study to see if Gem County will accept the program. If the County does not accept it, they said they would leave. Is this true? Ron Erickson said that they would leave if they are not wanted. The idea will probably come back again, and they may come back and compete if the initiative passes. Noella Pegram asked about the number of employees and the wages. She was told they could hire as many as people and the wages would be year-round and compared to mid-management range. It was then stated that, even though they talked about starting out slowly, their plans would be to build a larger, probably $20,000,000, facility. Nissa Watts asked if it is this town s responsibility to save racing. She was told that horseracing has been part of the community for years and they assumed that it had been enjoyed during that time. She was also told that a training facility would be set up to train people to work in the facility. She was told that crime does not increase with this type of entertainment. Crime will probably naturally increase with the increase of growth because of the facility. She asked how many people they expected to show up daily at their facility. She was told that most of the casino players usually come in the evening, after work. Debra Lish asked why they chose to present to Gem County, will 11 horse racing tracks in Idaho. She was told there are only eight tracks functioning right now. They told her that Gem County is in close proximity to Boise, and Gem County has recently lost some industry and could use the business. Rick Weekly asked what the 5-10 year build-out would be. He was told that it would probably stay the same, with about 800 machines for the first 4-5 years. Rick asked the Commissioners if they felt that our economy is desperate enough to warrant this kind of business. Commissioner Mansfield stated that the Commissioners have not made a decision. That is what these meetings are being held for. Commissioner Pratt stated that right now it is the Commissioner s obligation to look at the facts and make the decision on knowledge and not emotion. Rick stated that a community can gain all they said could be gained from

5 gambling by doing some of the things that are already happening and starting to happen in our community. Janet Sulgrove asked about the growing addiction to gambling and the social issues brought in with gambling. She doesn t like the town to rely on gambling revenue. She stated that horseracing is only two weekends a year and is being used as a smokescreen to bring in gambling. She was told that their company subscribes to an addiction program and the County would have more money to address problems that are already in the community. Chris Erlebach asked if the Commissioners are going to seek information out about the Company making the proposal and also asked about the over-burdened Highway 16 and the additional traffic. She was told that the County would be getting their portion, daily, from the amount after the winnings are paid. Commissioner Mansfield stated that the Highway 16 improvements are several years out. Commissioner Pratt stated that she understands there would be no cost to the County or the Fair Board. Written input is currently being asked for from the Community. Chris was told that the Commissioners are talking to other communities and gathering information and doing research on gaming itself and also on the company making the proposal. Ron Erickson stated that we are in a very litigious time. There are lawsuits filed in all areas and stated they would be happy to answer any questions concerning any lawsuits against them. Lan Smith asked why they have chosen the process they have when every person in the County gets to vote on the matter. Why are they putting pressure on the County Commissioners and the Fair Board? Why do they need a letter of support from the County? He was told they do not want to go where they are not wanted. Why do they not wait and find out if the Community wants it by the vote of the people on the initiative in November? He was told that people vote for their officials and then the officials make the decisions. They feel they have put the proposal on the table and the decision can be made for or against. Lee Williams asked for the dollars and cents figure for wages. He was told that they were not that familiar with the local wages, which should be an average of $11.00/hour, or mid-management wages. Nissa Watts asked that these meetings be published in the newspaper and held in the evenings so more of the Community could be here. She feels the Commissioners should get a feel from the public and then decide if they should continue listening and investigating.

6 Sharron Hollingsworth asked about the allegations that were published in a letter in the Messenger Index against Shawn Scott. Hoolea Paoa answered the allegations. He stated that Shawn Scott has been found financially suitable to run the business he does. Gary Thomas stated that his analysis for wages worked out to $7.50/hour. He asked about how many opinion letters were received and was told there had been over one hundred received. Rick Weekly asked about the economic possibilities of the proposal. Commissioner Mansfield stated that if the proposal was accepted, there would be more money to work on roads, parks, etc. It the proposal was not accepted, we will continue to do what we are doing work on industrial growth and with the State on roads. Commissioner Mansfield stated that the Commissioners have supported everything that has brought more jobs and industry to Gem County. He stated that they will continue to do that. Tammy Stevens stated that the amount spent on gambling and alcohol is a high price to pay and will be more than the amount of money spent in the other local businesses. She asked if the Commissioners had considered that and was told that they had. Debra Lish asked if the County mentioned where a facility is near bankruptcy, is still getting their share of the revenues. She was told that in the State of New York, the revenues are only allowed to go to the Schools and some to the track, so the County there is seeing no change. Mr. Paoa went on to tell the story of that facility. Linda Jackson asked if this has gone through the Idaho State Lottery Commission. She also asked what County government would regulate the activities. She was told that no one has talked with the Lottery Commission. They stated that those rules and regulations would come into effect if the initiative passes. Commissioner Mansfield stated the Commissioners haven t looked into the regulations they are a long ways down the line. A letter of support from the Commissioners is being asked for right now, and then the company will have to decide if they want to go forward with the initiative. It was asked that the time for the decision on the letter of support be put on the agenda. P & Z MATTERS: Debra Lish, Planning & Zoning Supervisor, met with concerns over private roads. She would like legal opinion to support the County naming private roads if the

7 property owners don t name them. She thinks this is a life/safety situation. She proposes that if more than one property owner has legal access to a road, they all have to agree to the name. She will ask for up to three names if they cannot agree to one, and then she will choose. If none are chosen within a certain time period, the County will choose one. The Fire Mitigation Committee suggested that the Fire Districts get a site plan before a building is built so they can give input for the building of the driveway. Debra has asked that, through the Fire Districts, there be a Rural Subdivision Suggested Plan that could be included in packets for the building of rural subdivisions. The Board recessed at 5:00 p.m. to reconvene at 8:00 a.m. on February 2, January 20, 2004, 6:00 p.m. SHADOW BUTTE INDUSTRIAL PARK SEWER AGREEMENT: A meeting was held with the Emmett City Council and Mayor to go over the proposed Sanitary Sewer Service Agreement between Gem County and the City of Emmett for Shadow Butte Industrial Park. Discussion was had and changes were made. The proposed agreement will be given to the Gem County Prosecuting Attorney to review, after copies of all exhibits have been received and attached. Approved: Chairman Attest: Clerk

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