C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
State
Lawrence
Wasden
Attorney
General
Brandon D
D Woolf
State
Controller,
Secretary
SCO > Board of Examiners > Subcommittee Minutes
STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
November 9, 2010 – 1:30 p.m.
Joe R. Williams Building, 5th Floor Conference Room A

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 1:30 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Wayne Hammon, Division of Financial Management; Tim Hurst, Deputy Secretary of State; Steve Olsen, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Mary Marsh, Bureau of Homeland Security; Jarod Dick, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; David Silcock, Department of Fish and Game; Dan Goicoechea, Office of the State Controller; and Deb Wonch, Office of the State Controller.

CONSENT AGENDA

1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on October 12, 2010.

Resolution: Mr. Hurst moved to approve item 1 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.

    REGULAR AGENDA

    2. Bureau of Homeland Security
    a. Haz Mat deficiency warrant list
    ID #
    Description
    Amount
    Comments
    Date to Board
      2010-00166
    Haz Mat
    $2,024.12
    Motor vehicle crash involving a 200 gallon fuel tank that came apart from the vehicle it was attached to. RP paid in full 10/12/201011/2/2010
      2010-00174
    Drug Lab
    $1,585.84
    Suspected drug lab at a private residence. 30-Day Letter was returned as undeliverable – working with Kootenai County Prosecutor to locate. Restitution process has begun in conjunction with Kootenai County Prosecutor (in the event RP does not pay). (Kootenai County)11/2/2010
    2010-00181
    Bio Hazard
    $299.40
    RP’s keychain was connected to a glass vial containing an unknown white powder. It broke while at work. RP paid in full 10/20/201011/2/2010
    2010-00193
    Drug Lab
    $3,830.51
    Suspected drug lab found in the trunk of a vehicle at an impounded car lot. Suspect is in custody and the incident amount will be added to a restitution request with Twin Falls County Prosecutor. (Twin Falls County)11/2/2010
    TOTAL
    $5,416.35
    b. Update on incident 2009-237, a mercury spill at a private house in which the state is not seeking recovery for.

    Discussion on 2.a. Mr. Hurst asked regarding incident 193 if Twin Falls has a response unit.

    Ms. Marsh answered that in the Magic Valley there are five fire departments that have a combined regional response team, so one agency would not have the equipment to respond to a drug lab.

    Mr. Dick noted that the responsible party on incident 174 was refusing to receive the incident information and will be moving forward with the restitution process. The bureau has seen a number of restitution payments coming in.

    Resolution: Mr. Hammon moved to approve item 2. a. and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.

    b. Update on incident 2009-237, a mercury spill at a private house in which the state is not seeking recovery.

    Discussion on 2.b. Ms. Marsh explained that the incident was for $320 and occurred in Boise. The family/responsible party looked on the web to see how to clean up the mercury spill. They picked up the mercury and bagged it. Boise Fire Department did not have their testing instruments on location so they called Twin Falls to respond. It was recommended to forgive the cost to the responsible party since they did due diligence.



    3. Military Division
    Request for approval pursuant to Idaho Code §72-928 of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty in the amount of $2,514.60.

    Resolution: Mr. Olsen moved to approve item 3 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.


    4. Ada County
    Request for approval pursuant to Idaho Code 18-2507, for the payment of costs incurred by Ada County for the prosecution of one State Penitentiary inmate in the amount of $1,201.50.

    Resolution: Mr. Hurst moved to approve item 4 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.


    5. Minutes
    Review of the September 2010 sub-committee meeting notes.

    Discussion: Mr. Olsen stated that not everyone had had the opportunity to review the minutes recording.

    Resolution: Mr. Olsen moved to table item 5 until the December 2010 meeting. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.

    6. Department of Fish and Game
    Request an exemption to the State Real Estate Relocation Policy and Procedures on behalf of Mr. David Silcock.

    Discussion: Mr. Olsen asked Mr. Silcock if he had received any money from Fish and Game.

    Mr. Silcock responded that he had not received compensation yet. The home is still on the market. He said that they did have an offer on the house a couple years ago when the house was listed for a higher price. The offer fell through due to financing and Mr. Silcock decided to hire a new realtor. The new realtor then suggested lowering the listing price. Mr. Silcock said the house was appraised at $170,000 a couple years ago. They have not had a follow-up appraisal. It has been at the same price of $174,900 since March of 2009. He stated that the agency is asking for an additional 12 months extension.

    Mr. Olsen noted that extending it does not cost the state any money.

    Mr. Hammon asked if the home is rented right now.

    Mr. Silcock answered that it is rented.

    Mr. Hammon said that the Governor would most likely want to hear directly from Mr. Silcock.

    Mr. Hurst noted that Mr. Silcock has done nothing wrong, and said the exemption should be granted.

    Resolution: Mr. Olsen moved to put item 6 on the regular agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.


      INFORMATIONAL AGENDA

      7. Department of Fish and Game
      Notification that Joseph Dupont has sold his home and has been reimbursed his allowable relocation expenses.

        8. Office of the Attorney General
        Notification that Paul J. Augustine of the firm of Augustine Law Office, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho in the matters of David Tarbet and Wayne Severson.

        Notification that Paul J. Augustine of the firm of Augustine Law Office, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho in the matter of State of Idaho in the matters of Estelle Lieske and Donald Laughlin.

        Notification that Mary V. York of the firm of Holland & Hart, LLP, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho Transportation Department in legal matters concerning eminent domain issues for the US-95 construction corridor between Coeur d’ Alene and Sandpoint, Idaho.

        Notification that Joshua S. Evett of the firm of Elam & Burke, PA, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing Idaho Public Television in a copyright infringement issue involving IPTV footage used in a television advertisement that concerns the upcoming election for Superintendent of Public Instruction.

        Notification that Larry C. Hunter of the firm of Moffatt, Thomas, Barrett, Rock & Fields, Chtd., has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho in the matter of Idaho State Board of Accountancy v. Thurston.

        Notification that Peter J. Johnson with Johnson Law Group in Spokane, Washington, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho in the matter of Wylie v. Idaho Department of Correction.


        9. State Insurance Fund
        a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September, 2010.
            Estimated expenditure for workers compensation claim costs, dividends and premium refunds
        $18,000,000.00
          Funds Expended in September, 2010:
          Workers Compensation Claim Costs
        $8,973,019.74
          Dividends
        0
          Commissions
        1,938,658.93
          Policy Refunds
        345,700.57
          Total
        $11,257,379.24
        b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of September, 2010.
            Estimated expenditure for Petroleum Clean Water Trust Fund
        $750,000.00
          Funds Expended in September, 2010:
          Payroll
        $64,326.26
          Operations
        7,531.45
          Claim Costs
        92,522.19
          Total
        $164,379.90

        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.


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