C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Subcommittee Minutes
700 W. State Street, Boise, Idaho
5th Floor, Conference Room A
April 5, 2007

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700
West State Street, Boise, Idaho, at 9:00 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Brad Foltman, Governor’s Office; Chuck Goodenough, Office of
the Secretary of State; Steve Olsen, Office of the Attorney General; and Patrick Hodges, Office of the
State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Lorrie Pond, Bureau of Hazardous Materials; Tracey Trent, Department
of Fish and Game; Jon Heggen, Department of Fish and Game; Linda Miller, Department of
Administration; Jennifer Heidt, Governor’s Office; Brad Hoaglun, Office of the State Controller;
and Deborah Finkbeiner, Office of the State Controller.


1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of
Examiners on March 8, 2007.

Resolution: Mr. Foltman moved to approve item 1. Mr. Olsen seconded the motion.
The motion carried on a unanimous voice vote.


2. Department of Administration
Request for recognition of assignment pursuant to Idaho Code §67-1027
from Boise Housing Association to Oak Park Retail.

Resolution: Mr. Foltman moved to approve item 2. Mr. Olsen seconded the motion.
The motion carried on a unanimous voice vote.

3. Health and Welfare
Request that $102,889,400.00 be transferred from the General Fund to the Cooperative
Welfare Fund #0220 during the fourth quarter of Fiscal Year 2007.

Discussion: Mr. Foltman commented that the Controller is able to make the transfers subject
to the Board of Examiners approving them. They appropriate them into these quarters.

Resolution: Mr. Goodenough moved to approve item 3. Mr. Foltman seconded the motion.
The motion carried on a unanimous voice vote.

4. Bureau of Homeland Security, Division of Military, Executive Office of
Date to Board
Incident on 411 3rd St in Nampa on residential stretch of road, involving a chemical spill or leak. Residents in the area complained of what smelled like natural gas. The sample they were able to obtain ended up being glutaric dialdhyde and was diluted and washed down a drain. Responsible party is unknown at this time.
Incident on I-84, milepost 79.2 near Mountain Home involving an unknown viscous liquid found in a pool alongside the freeway. The responders reported possible malicious intent, but after testing they concluded that the liquid was sugar. Responsible party is unknown.

Discussion: Ms. Pond explained that both incidents were by unknown spillers, so recouping
the cost will not happen. The first spilled item was not a dangerous substance, and the responders
could safely wash it down the drain. Unfortunately each incident has to be investigated because it
is not known what the spills are. The second item turned out to be sugary syrup along the freeway.
Even if there were a responsible party, HazMat could not bill them because it was not a hazardous material.

*Toward the end of the meeting, the Homeland Security item was brought up for additional discussion.

Mr. Foltman noted that the Governor would like to see more information included in each
HazMat submittal to the Board. The Governor expressed interest in knowing more about the
circumstances involving the incidents.

Ms. Pond responded that by April 15 she would have a compiled spreadsheet with more
information that will contain details of each incident, a summary, the date the letter was sent to the
responsible party, when the costs were recovered, and a conclusion of what was found.

Mr. Foltman said he also asked the Governor if he would like to have the HazMat items on the
consent agenda. It is likely in any given meeting that the Governor might want a few questions answered.

Mr. Olsen said the largest expense seems to be the overtime.

Ms. Pond explained that unfortunately the rate of pay is higher because the workers are recalled,
meaning, the responders are called from home when they are currently off-duty. In many cases
they are understaffed. Ms. Pond also commented that the first response is generally on-duty but
if it is going to take 6-8 hours to clean the spill, HazMat would not have enough employees to cover that period of time.

Mr. Olsen said he wondered if it would be possible for the bureau to pay for some of these
costs with their budget during the year.

Mr. Foltman responded that Mr. Olsen’s question is pertinent and deserves more study
because the state’s relationship with local government needs some improvement.

Mr. Goodenough said he was troubled by the $1,700 to wash a substance down the drain.

Ms. Pond said that many of these costs are recouped by the spiller, but she is still
waiting on a few checks.

Mr. Goodenough said the bureau should come to the meeting and explain why
they need that money.

Ms. Pond said she could go back to the bureau and talk to Bill Bishop.

Mr. Olsen said maybe the Board should take some responsibility here and be the ones to
ask why the fire department needed 14 people to clean syrup for three hours. The Board is definitely
interested in helping the bureau manage its budget.

Ms. Pond said from now on she will include the packet of detailed information as an attachment
with her HazMat request.

Resolution: Mr. Goodenough moved to defer item 4 for reconsideration and additional
evaluation until next month. Mr. Foltman seconded the motion.
The motion carried on a unanimous voice vote.

5. Department of Fish and Game
a. Request that the Department of Fish and Game’s vacated facility in Lower Stanley
be transferred to the State Board of Examiners pursuant to Idaho Code §67-5709A,
effective immediately and that the property be offered for competitive sale, of which said
monies be returned directly to the Department.

b. Request for approval to increase the daily reimbursement rental rate for horses from
$32/day to $50/day, and eliminate any reference to ½-day use or stand by use.

a. Discussion: Mr. Trent presented information on item a. The Stanley property was acquired
in 1951. It was a conservation officer’s residence for many years. The Department does not need to have
this facility replaced, just for it to be sold. The Department would like the money from the sale to be
moved into the Fish and Game account, and the money will be used for other administrative site projects.
There has not been a particular project selected yet, but several administrative site projects are in the works.

Mr. Olsen said he looked at the law that governs the process, and part of the Idaho Statute.
It would appear that Fish and Game have the ability to sell the property, but there are some questions
as to what happens to the funds.

Mr. Foltman asked if there is a guess on the property’s value.

Mr. Trent said it was appraised 14 months ago at $300,000. It might be higher by now.

Mr. Foltman asked about the projects mentioned that would be funded from the proceeds of the sale.

Mr. Trent answered that they are improvements to administrative sites. The Department
has not made any decision about which one would be funded.

Mr. Foltman said that administrative facilities are handled differently than fish hatcheries,
for instance. Because it is an administrative facility, there is a role for the department of
administration because initially these projects would have been authorized by the State through
the permanent building fund or counsel, and using Department money in order to be able to do
that particular project. Mr. Foltman said that it is a legitimate issue. In the surplusing of this property,
the proceeds should ultimately be given to the Department of Fish and Game, but there is or might
be an interim step that if the Board of Examiners approves this surplus sale, it goes back to the
Department of Administration permanent building fund, and in turn, could reimburse the Department
of Fish and Game.

Mr. Trent explained that the procedure has not been done that way in the past. The Department
of Fish and Game has no authority to sell property. The statue stipulates that the administrative sites
transfer to the Board and then the Department of Administration actually sells it for the highest possible price.

Ms. Miller concurred with Mr. Trent’s statement. Typically the title company makes the check
out directly to Fish and Game. Administration does not get the check and reimburses Fish and Game later.

Mr. Trent said the proceeds are deposited in a separate account. This is what the Department has
done in the past.

Mr. Foltman said there is no doubt that Fish and Game should ultimately receive the funds.
The matter is just how this procedure is properly done to meet the intent and the Department of
Administration’s role. It seems like the check should route through Administration on its way to Fish and Game.
Mr. Olsen said the Idaho Code 36-1801 does state that the sale proceeds should be deposited in a
separate fund less the amount of cost the Department of Administration had for selling the property,
to be deposited into the permanent building fund. The issue of the special fund is in question.

Mr. Foltman asked Ms. Miller if at any point the title is held by either the State or by the Department
of Administration on behalf of Fish and Game.

Ms. Miller commented that typically there is not a transfer of title from Administration to the Board of
Examiners to Fish and Game. To transfer a title from one entity to another, or several, would result in
large transfer title fees.

Mr. Goodenough said that the statute does not say the word, “title,” but “custody.”

Mr. Trent said they did not want to have their funds be “co-mingled” with other funds in the general building
fund. Fish and game might be ineligible for federal grants if that is done. The cabin on the property will not
be moved. It is included as part of the appraisal, and will be sold with the appraised property.

Mr. Olsen asked Mr. Trent how certain is he that license fees are actually used to purchase the property.

Mr. Trent said the Department has a lands database and it indicates the property was purchased
with license funds. The current house was put on after the property was purchased, and the house was
purchased with license funds as well.

Mr. Heggen explained that as far back as can be seen, properties have been purchased with
license dollars. All of the maintenance and upkeep on the cabin have also been purchased with license dollars.

Mr. Foltman said that Administration does hold and clear the final transaction. That occurs prior to the
time the check was cut from the title company to the Department of Fish and Game. The Department of
Administration signs off on it. It is a Fish and Game facility, acquired with license funds. The most
expeditious route for this to take is to handle it like how it has been done in the past.

Mr. Trent said it has been the practice to use the money for administrative purposes and the
Department keeps track of it in the account.

Mr. Olsen commented that both gentlemen have a great institutional knowledge from being in
the Department for so long. This request is a sensible reading of the Idaho Statutes.

Resolution: Mr. Goodenough moved to approve item 5 a. Mr. Foltman seconded the motion.
The motion carried on a unanimous voice vote.

b. Discussion: Mr. Heggen said the cost to keep and maintain horses keeps rising each year.
Each state and agency have different methods for reimbursing employees for the use of horses.
We found that the use of personal horses works better, and that horses do not all respond the same
to each rider. The costs of feed and shoeing have both risen dramatically. Typically a rider will spend $8,000
the first year to get started with a horse.

Mr. Olsen asked if workers keep track of the days they use their horses.

Mr. Heggen answered that yes, the riders do keep track and record it monthly. The reimbursement
form is evaluated and approved by the supervisor. The Department would also like to get rid of the
terms “half day and standby rental” because it cannot be determined what a half day is. It is hard to
show what half days are. If four hours is a half day, how is it determined what a full day is? Sometimes in
the back-country a worker will need to ride for 10 or 12 hours a day. Not each day is the same amount of hours.
As for standby rental rate, it is never used. If a horse is tethered in camp for a day in the back-country, that is
just as hard on the animal as it is if they were being worked. There are costs each day to taking care of horses.
The Department would like to do away with half day and standby rentals, and just have a flat-fee rental rate
for horses. The majority of the times, motorized vehicles are not allowed in the wilderness. ATVs and other
modes of transportation are not permitted, but horses are allowed.

Mr. Foltman said it was reasonable and fair that the Department looked into all forms of options
and different vendors before coming to this conclusion and request.

Mr. Heggen said the $50/day increase will be able to cover all costs, but not be to make money
off of the horses. The Department just wants to get the job done.

Resolution: Mr. Foltman moved to approve item 5 b. Mr. Olsen seconded the motion.
The motion carried on a unanimous voice vote.


6. Military Division
Deficiency Warrant Update through March 30, 2007.

7. Attorney General.
a. Notification that Lawrence E. Kirkendall, Attorney at Law, has been appointed pursuant
to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing
the State of Idaho in the case of Eugene Gross.

b. Notification that Louis E. Marshall III, Deputy Prosecutor with the Bonner County Prosecutor’s
Office, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General
for the purpose of representing the State of Idaho in the matter of Richard R. Stafford and Lori L. Irelan
Real Property Forfeiture.

8. State Insurance Fund

    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for
    the month of March, 2007.

        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      Funds Expended in March, 2007
      Workers Compensation Claim Costs
      Policy Refunds
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for
    the month of March, 2007.

        Estimated expenditure for Petroleum Clean Water Trust Fund
      Funds Expended in March, 2007:
      Claim Costs

      A meeting agenda will be available at the Idaho State Controller’s Office, 700 West State Street, Boise, Idaho, two (2) working days before the meeting.

      If you have questions or would like to arrange auxiliary aides or services for persons with disabilities, please contact the Idaho State Controller’s Office at (208) 334-3100. Accommodations for auxiliary aides or services must be made no less than five (5) working days in advance of the meeting.

      The CONSENT AGENDA addresses routine items the board may approve without discussion.

      The REGULAR AGENDA addresses policy and program items the board may wish to discuss prior to making a decision.

      The INFORMATION AGENDA provides information only.

      The agendas are subject to change and the Board may move an item from one agenda to another.

    Page last updated on 05/08/2007 02:00:02 PM