COMMISSIONERS MINUTES                                                         MARCH 8, 2004


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

Present at the meeting were Chairperson Mary Egusquiza-Stanek, Commissioners Calvin Ireland and Larry Rose. Also present was Clerk Gail Best and Prosecutor Bazzoli.

Motion by Ireland, second by Egusquiza-Stanek to reappoint Todd Waite to the Planning and Zoning Commission for a period of four years beginning March 13, 2004 and ending March 13, 2008.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, that the Board do a resolution that the Director of the Department of Agriculture form a CAFO Site Advisory Committee for the application submitted by Bernie Brown, 655 East 19th North, Mountain Home, Idaho. Mark Russell will put the resolution into proper form and bring it back for the Board’s signatures.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Resolution of Elmore County No. 326-04

RESOLUTION BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING THAT THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE FORM A CAFO SITE ADVISORY COMMITTEE.

WHEREAS

1. Idaho Code Section 67-6529D(2) and 67-6529E authorize a Board of Elmore County Commissioners to request the Director of the Idaho Department of Agriculture to form a CAFO site advisory team to make a suitability determination on a proposed CAFO site, and specifies certain information to be submitted with that request, and

2. Elmore County has received a CAFO site permit application submitted by Bernie Brown, 655 East 19th North, Mountain Home, Idaho, 83647, and

3. The Elmore County Board of Commissioners desire that Elmore County take advantage of the scientific expertise and experience available to the State of Idaho to properly make a decision on the suitability of the sites of the proposed CAFO’s as allowed by Idaho Code 67-6529G, and

4. The Elmore County Board of Commissioners, in regular meeting on 8 March 2004, considered the above matters


NOW THEREFORE, BE IT RESOLVED BY ELMORE COUNTY BY AND THROUGH ITS BOARD OF COMMISSIONERS, THAT:

1. Elmore County requests the Director of the Department of Agriculture to form a CAFO site advisory team or teams to provide suitability determinations on the proposed sites for the above named CAFO applications as provided by the above referenced statutes; and

2. All information submitted to Elmore County in the applications for the above named CAFO proposals and any other information received from the applicants previously or in the future is hereby incorporated into this Resolution and shall be provided to the Department of agriculture, and

3. All employees and appointed officials of Elmore County cooperate with the CAFO site advisory team to render any assistance or additional information needed.

Dated this 8th day of March, 2004.

ELMORE COUNTY BOARD OF COMMISSIONERS
/S/ Mary Egusquiza-Stanek, Chairman
/S/ Larry Rose, Commissioner
/S/ Calvin Ireland, Commissioner
Attest: /S/ Gail L. Best, Clerk

There was discussion regarding vacancies on the Elmore County Public Safety Communications Board. Mark Russell will speak to the City Council members about a representative from the Mountain Home Police Department.

Commissioner Rose read a proposed Resolution regarding the Elmore County Public Safety Communications Board into the record.

Motion by Egusquiza-Stanek, second by Rose, to adopt the Resolution. There was discussion and some minor changes were made to the last page. Amended motion by Egusquiza-Stanek, amended second by Rose, to adopt the Resolution with changes discussed.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

RESOLUTION NO. 327-04

AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 8TH DAY OF MARCH, 2004, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED; TO WIT;

WHEREAS, the Legislature in 1988 enacted the Emergency Communications Act (Hereinafter “Act”) as Title 31, Chapter 48 of the Idaho Code; and
WHEREAS, the Act establishes a method for financing the initiation, maintenance, and enhancement of a consolidated emergency communications system; and

WHEREAS, on November 5, 1996, at a general election of the voters of Elmore County approved a telephone line user fee to fund and finance the maintenance and operation of a 911 emergency communications system as provided for in the Act;
WHEREAS, the telephone user fee has been set pursuant to said election as up to one dollar ($1.00) is currently being assessed in Elmore County at the rate of one dollar ($1.00) per month, per line, and
WHEREAS, in 1997, the Board of County Commissioners desired to obtain direct input from user agencies on telephone line user fee fund issues, unresolved Public Service Communications Board issues and user agencies desired to provide that input; and
WHEREAS, in January 1998, the Elmore County Board of County Commissioners established by resolution the Elmore County Emergency Communications Board (ECECB); and
WHEREAS, it is the wish of the Elmore County Commissioners to rename and change the appointment and requirements for service on the board to provide more representation and input from the members of Elmore County; and
WHEREAS, the Board of County Commissioners hereby agree to rename the board as requested by the Elmore County Emergency Communications Board as the following designation: Elmore County Public Safety Communications Board (ECPSCB).
WHEREAS, the said ECPSCB shall have the responsibility for the selection and prioritization of expenditures to be made from telephone user fee funds subject to veto by the Board of County Commissioners; and
BOARD MEMBERS
WHEREAS, the ECPSCB shall be composed of nine (9) members as follows:
ONE, the Elmore County Sheriff or his/her appointee from his/her department; and
ONE, the Police Chief of Mountain Home or his/her appointee from his/her department; and
ONE, a resident of Mountain Home appointed by the Mayor of Mountain Home; and
ONE, a resident of rural Mountain Home appointed by the County Commissioners; and
ONE, a resident of Glenns Ferry appointed by the Mayor of Glenns Ferry; and
ONE, a resident of Elmore County whose residence lies north of the east west line drawn through Lockman Butte and west of the north south line drawn through House Mountain appointed by the Elmore County Commissioners; and
ONE, a resident of Elmore County whose residence lies north of the east west line drawn through Lockman Butte and east of the north south line drawn through House Mountain appointed by the Elmore County Commissioners; and
ONE, a resident of Elmore County whose residence lies south of and east west line drawn along Beet Dump Road not to include Glenns Ferry, appointed by the Elmore County Commissioners; and
ONE, a resident of rural Glenns Ferry or King Hill appointed by the Elmore County Commissioners.
Each Board Member may have an appointed alternate that may vote in the absence of the Board Member.

MEETINGS AND MILEAGE
WHEREAS, the member(s) appointed to the positions, not employed by a government agency, shall be entitled to reimbursement for mileage at the rate established by the Elmore County Board of County Commissioners by resolution; and
WHEREAS, the members appointed to the positions, not employed by a government agency, shall be paid an amount set by the ECPSCB with County Commissioner’s approval per meeting;


TERMS AND OFFICERS
WHEREAS, appointments for the non-government board members are for three (3) year terms with a maximum two (2) consecutive terms; however, in the event that no one volunteers to be appointed to fill any vacancy, the appointment may continue for subsequent terms, and
WHEREAS, the ECPSCB shall elect one of its own to serve as Chairman, Vice-Chairman, Secretary and Treasurer, (Secretary and Treasurer may be the same person) keeping minutes of its meetings and handling the bills; and

NON-VOTING MEMBER
WHEREAS, the first line supervisor of dispatch operations in the County shall be a non-voting Administrator reporting to the ECPSCB. It shall be the duty of the administrator to make recommendations to the ECPSCB for dispatch equipment, programs, etc; and
WHEREAS, it shall be the duty of ECPSCB to make recommendations to the Elmore County Commissioners for organizations’ equipment and funds of said dispatch operations; and
WHEREAS, the ECPSCB shall implement a plan for initiating, maintaining, and installing an enhanced 911 system for all of Elmore County.

APPROVED AND ADOPTED this 8th day of March, 2004.

ELMORE COUNTY BOARD OF COMMISSIONERS

/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ CALVIN IRELAND, Commissioner
/S/ LARRY E. ROSE, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk

A brief recess was taken. Regular session was resumed.

Department Heads and Elected Officials met with the Board for their regular meeting. Mir Seyedbagheri gave the Board copies of his summary activity report dated March 7, 2004. Mormon crickets were discussed and Mir reported he will be checking several areas out very soon to see what we can expect for this spring and summer.

Dan Collins, Plant Facilities Manager reported that John, Vence, and two community service workers were out working at the former Leydet property trimming trees. Dan reported that he had a new employee starting today, Kevin Minor who will be doing maintenance work.

Mark Russell, Growth and Development Administrator, stated he had talked with the Mayor regarding a representative from the MHPD to serve on the E-911 Board and he assured the Board that the matter will be taken care of today.

Letters of Information (LOI’s) were discussed. Discussion centered around whether the Administrator could handle them or if the Planning and Zoning Commission should be involved. The Board expressed their concern that the public would not have the opportunity to express their opinions if it was all handled by the Administrator. Mark Russell stated he would send out notifications to people within a minimum of 300 feet from the subject property.

Christine Starr, representing the Public Defender’s Office brought the Board a 2003 Annual Report showing that their office was appointed in 595 cases during 2003. The report also showed a breakdown of what type of cases were included. Ms. Starr also asked if there was any particular things the Board wanted to discuss each month, and what the guidelines were.

Tom Gibbon, Chief of Security, reported to the Board that a turn style had been ordered for the main door to keep the public from avoiding the metal detector.

Rose Plympton, Treasurer, stated that it now appears that fifteen parcels will probably go to tax deed this spring. The process will begin on April 12th. Rose also reported that she has four public administrator cases right now.

Nick Schilz, Disaster Services, presented the Board with the budget for the annual Disaster Services grant. Motion by Ireland, second by Rose, to direct the Chair to sign the Idaho Bureau of Disaster Services Amendment.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Nick also brought in the RC&D All Natural Hazard Assessment and Mitigation Plan for the Board to review. Nick reported that the Bureau of Disaster Services will be working on a high powered radio-system - the system will come into the Sheriff’s Department.

Nick also brought in a schedule of vehicles to be auctioned off on March 26th. Reserving two ambulances from the sale was discussed - one for Atlanta Quick Response Unit and one for the City of Mountain Home to be used by the Water and Sewer Department to house it’s camera. Motion by Ireland, second by Rose, to direct the Sheriff’s Department to conduct a vehicle auction reserving the two ambulances discussed.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Detective Mike Barclay appeared with a grant application to the Idaho State Police for a patrol dog for the department. Commissioner Ireland asked about the dog currently in use, and Captain Barclay explained that dog would soon be retired. Sheriff Rick Layher stated this new dog would be used to enter buildings prior to officers entering the premises. Motion by Ireland, second by Rose, to direct the Chair to sign the grant application for the patrol dog.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Aaron Bazzoli, Prosecutor, reported that his office had lots of civil work coming up in this week and that would be his focus.

Gail Best, Clerk, stated that her office was gearing up to start the election process by accepting Declarations of Candidacy from March 8th through March 19th.

Ted Knudson of the Probation Department reported that the furnace for the school building has to be replaced and that cost will be coming out of the grant money in his budget. Ted also reported that he will be getting a new grant to help out with programs they want to start.

Al Sobtzak of the Planning and Zoning Commission brought in a map of the area of City impact that they have been working on. The Board reviewed the map and discussed it. Mr. Sobtzak stated he would be meeting with the City again regarding finalizing the area of City impact.

Mark Russell stated Mr. Flick would like to set up a place on his property where he could contract with the County to accept and salvage the “junked” abandoned manufactured homes that have become such a problem in Elmore County. The Board expressed some concern that Mr. Flick’s property could then become one of the “eyesore” areas in the County. Mr. Russell stated that Mr. Flick’s property is in the middle of nowhere, but he did agree that could happen because Mr. Flick would work on the project as he had time to do it.

Motion by Egusquiza-Stanek, second by Ireland, to adjourn for lunch.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The meeting was called back to order after lunch. Present at the meeting were all three Commissioners and Clerk Gail Best. Also present were members of the Sick Leave Bank Committee Amber Sloan, Merrilee Hiler and Ted Knudson. Cumulative days donated by a retiring employee was discussed. There was discussion on various aspects of the policy. Motion by Ireland, second by Egusquiza-Stanek, to accept the Sick Leave Bank Policy as written.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

At 1:15 p.m. the Elmore County Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Egusquiza-Stanek, second by Ireland, with Indigent Director Marianne Bate.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The following decisions were made:

K-10-03-06 Motion by Ireland, second by Egusquiza-Stanek to approve on reconsideration with promissory note for repayment. Reimbursement order of $100.00 per month to begin June 15, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-09 Motion by Rose, second by Egusquiza-Stanek to deny as incomplete; unsure of residency.
EGUSQUIZA-STANEK - AYE

ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-11 Motion by Ireland, second by Rose, to deny as not indigent and a voluntary stay.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-02 Motion by Ireland, second by Rose, to approve with promissory note for repayment and a reimbursement order of $100.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-13 Motion by Ireland, second by Egusquiza-Stanek to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-14 Motion by Rose, second by Ireland, to deny due to non-payment history.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-15 Motion by Rose, second by Ireland, to deny as incomplete.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-16 Motion by Ireland, second by Egusquiza-Stanek, to approve with promissory note and reimbursement order of $75.00.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-02-04-05 Motion by Egusquiza-Stanek, second by Ireland, to approve with promissory note and reimbursement order of $75.00.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-02 Motion by Ireland, second by Egusquiza-Stanek, to approve the MRI only with any further costs required to be pre-approved by the Board.
EGUSQUIZA-STANEK - AYE
ROSE - NAY
IRELAND - AYE Motion carried and so ordered.

K-11-03-01 Motion by Ireland, second by Egusquiza-Stanek, to deny and not to release the lien until the end of the appeal period.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-10-03-05 Motion by Rose, second by Ireland, to deny because of voluntary stay.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Ireland, second by Rose, to approve the minutes of February 23, 2004 and February 27, 2004 with one minor change.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Rose, second by Ireland, to approve the expenses. There was discussion. The motion and the second were withdrawn.

Chairperson Egusquiza-Stanek convened a public hearing at the hour of 2:00 p.m. The purpose of the public hearing was to hear testimony on an appeal of a Planning and Zoning Commission decision on an application from Weitz and Company for a zoning change application in a Light Industrial Zone to a Residential/Mixed. The site is located in a portion of the East Half of Section 22, Township 3 South, Range 6 East. A more common means of locating the site is from the intersection of Elmcrest and Air Base Road, north on Elmcrest approximately one half mile.

C Lee Schrack, Greg Sabala, both of Westside Development, Boise, Idaho and Clinton Boyle of Landmark Engineering, 104 9th Avenue South, Suite C, Nampa, Idaho 83651 testified as a group representing Dan Weitz. Mr. Boyle presented the Board with a handout and explained that Weitz and Company would like to develop the 244 acres as a multiple use property. There currently is no water on the site so the development would not be taking active agriculture out of production.

Greg Sabala also gave the Board a handout showing the engineer’s opinion of probable costs for White Sage Estates Subdivision (all phases). Mr. Sabala stated this would be a planned development that will be done in phases.

Commissioner Rose asked if they have gone back through the process? Mr. Schrack stated that Planning and Zoning approved the project but the City of Mountain Home had disapproved the annexation.

Mark Russell, Growth and Development Administrator stated that the present zoning was done in 1994.


Mr. Boyle stated that there have been some problems with the size of the sewer system, and thus far they haven’t been able to sort that out.

Mr. Russell stated that a letter had been sent to Mr. Weitz in January explaining the City’s position.

Robbie Robinson, 1570 S.E. Fisher Street, Mountain Home, testified in support of the project stating that Elmore County needs to have places to build added housing.

Chris Alzola, P. O. Box 235, Mountain Home, Idaho, explained she was present on behalf of the Mountain Home Rural Fire District and they were wondering how many homes would be in the development so they could determine if they would need to build another substation?

Mr. Sabala stated that the development, when completed, would have 680 homes.

James Davidson, 409 Elmcrest, Mountain Home, stated he had concerns about the aquifer and how it would affect their wells in the area.

Chairperson Egusquiza-Stanek read written testimony received from Simplot into the record:

SIMPLOT
Corporate Headquarters
P. O. Box 27
Boise, Idaho 83707-0027

January 15, 2004

Via Telefacsimile
Mark Russell
Planning and Zoning Administrator
Elmore County Planning and Zoning
520 E. Second Street
Mountain Home, ID 83647

Re: Application for Re-Zone; White Sage Development

Dear Mr. Russell,

The City of Mountain Home denied an application for the development proposed by this zoning request in May, 2003. J.R. Simplot Company (“Simplot”) submitted written comments objecting to that application through the City. The application before the County is an apparent attempt to circumvent the earlier denial by the City. For this reason we request that the record containing the earlier City proceedings, including Simplot’s written comments, be included as part of the official record in the proceedings for his application.


The current industrial zone is appropriate for this area. Simplot relied on this zoning designation in making substantial investments in this area. As a result of our investments and investments by others also relying the current land use designations, we expect further industrial growth in this area and the related economic benefits associated with that growth.

The applicant’s intended use is within the City’s Area of Impact. The proposed residential use conflicts with the land use specified in the City’s Comprehensive Plan. A residential enclave among existing and future industrial users is inappropriate for land suited for the current zone. Furthermore, such a residential enclave may have discouraged further industrial development, which is contrary to the future economic interests of Elmore County.

There is no compelling reason to change the current land use zone to accommodate this speculative development venture. Industrial users provide the services necessary to support their operations at their own expense. These include water supply systems and related water rights, electrical power service and transportation improvements to create safe access for traffic relating to these industrial uses. Should the County consider approving this application, such approval should contain the following conditions:

1. The applicant shall provide evidence of the rights to pump water in sufficient volume and flow to support the anticipated future needs for the proposed project. This land is within the Mountain Home Groundwater Management Area. New rights authorizing the pumping of groundwater are prohibited for industrial users. Individual domestic wells are currently exempt from these restrictions. By changing the land use designation the application will be authorized to expand the pumping of groundwater prohibited under the current zone. It is not equitable to existing water right holders to subsidize increasing aquifer withdrawals to support this project by simply changing the allowed land use.

2. The application shall be required to install, at their sole expense, the appropriate transportation infrastructure necessary to allow for ingress and egress to and from the proposed development. This may include, but is not limited to, expanding existing roadways, adding turn lanes, traffic signals and any other measures to insure safe residential ingress and egress among heavy industrial truck traffic.

3. The applicant shall be required to covenant and agree that changes to the current land use zone shall not interfere with or add additional cost to the existing or future industrial operations constructed in conformance with the current land use zone. Furthermore, as a condition of any approval of this application, the applicant should be required to waive any claims or objections that existing or future industrial operations constructed in conformance with the current land use zone interfere with or constitute a nuisance to the proposed residential development. Otherwise legitimate industrial uses in surrounding industrial zone could be subject to inappropriate nuisance, inverse condemnation and similar actions.

Please include these comments opposing this application and the record developed during the proceedings of the City application as part of the official record for this zoning request.

Sincerely, /s/ Vic Conrad, Director
Land, Water & Asset Recovery




Mr. Boyle stated the property is in a water management area and that Mr. Weitz does not have any water rights, so he can’t farm the property or use it for industrial use. Mr. Boyle stated that Mr. Weitz does need to use the property and that a residential use with one community well would be a good use of the property. Mr. Boyle added that the project will provide a larger tax base in Elmore County and that since the project would be developed in stages, there would be time to plan for the larger services that will be required.

Commissioner Egusquiza-Stanek questioned how one well would serve that many people?

There being no further testimony, the hearing was closed. Written testimony will be taken until 5:00 p.m. on March 18th. The Board will make their decision on March 22nd, and the parties will be notified of that decision.

A brief recess was taken. The session resumed. The Board took up the matter of a public hearing scheduled to he heard taking testimony on an appeal of a Planning and Zoning Commission decision regarding a zoning permit application for an agricultural shop/office by Bill Ringert. Motion by Ireland, second by Egusquiza-Stanek to remand the issue back to the Growth and Development Administrator, Mark Russell, and cancel the scheduled public hearing. The cancellation of the hearing is due to the advise of legal counsel stating that proper procedure was not followed by the Planning and Zoning Commission.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Rose, to approve the payroll for February 2004 in the amount of $284,898.24.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Egusquiza-Stanek, to approve, for the record only, the Clerk’s Bail Bond Report, Recorder’s Office Report, and Treasurer’s Office Report.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Paying the expenses was discussed. Motion by Egusquiza-Stanek, second by Rose, to pay the expenses but disallow the meal reimbursement for Myron Adamson until Commissioner Ireland could review them with the employee. Expenses total $307,467.68
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


Tax cancellations were read into the record by Chairperson Egusquiza-Stanek. No. 600 Oliver Gregerson $7.10, No. 700 Hansgeorg Borgonus Land dba Cloverdale Nursery $356.96, No. 701 TLK Dairy $3,790.10, and No. 702 Walter A Russell $.53 for a total of $ 4,154.69 Motion by Ireland, second by Rose, to approve as read and direct the Chair to sign the tax cancellations.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Chairperson Egusquiza-Stanek read Certificates of Residency Affidavits into the record: Earl E. Ward and Marria Kathleen Coriell. Motion by Rose, second by Ireland to approve the Certificates and direct the Chair to sign.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

A liquor license application for Charles R. Boardwine, doing business as Charlie’s Place Steaks & Suds for the sale of beer and wine was reviewed. Motion by Ireland, second by Egusquiza-Stanek to approve the license.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Wayne Forrey, 1952 S. Wilde Creek Way, Boise, Idaho 83709, appeared before the Board to report on the Elmore County Comprehensive Plan and the Elmore County Wildland Fire Mitigation Plan. Mr. Forrey reported that the project schedule has been delayed pending a possible meeting with the City of Mountain Home officials to review the proposed future land use plan map. Mr. Forrey will now prepare the fifth draft for the Planning and Zoning Commission’s recommendation to the Board.

Mr. Forrey has distributed draft copies of the Wildland Fire Mitigation Plan to the Glenns Ferry and Mountain Home libraries, the Pine Senior Center and the Oasis Fire District Office for review by the public. The public comment period runs from March 3rd to April 7th.

The Board thanked Mr. Forrey for all the work he has done on both these issues on behalf of Elmore County.

Sheriff Rick Layher and Members of Elmore County Search and Rescue appeared before the Board to discuss Search and Rescue issues. Members of Search and Rescue present were Dave Kinney, Jim Noland, Mike Gelalia, Corey Stricker, Darrell Page, and Chris Patterson. The discussion centered on whether Search and Rescue property belongs to the Sheriff or to Search and Rescue. Search and Rescue routinely has held fund raisers to buy various items for their use, but yet they are under the control of the Sheriff. The Sheriff and the members of Search and Rescue will work together to work out what belongs to who and also where the responsibility for insurance is.


Art Issac, 1480 Issac Lane, Mountain Home, George Jones, 5364 NW Tenant, and William F. Page, 304 Aguirre Road appeared before the Board during the public portion of the meeting. Mr. Issac stated their purpose in being there was to request that the Board notify Ada County that Elmore County does not want their trash coming to the Idaho Waste Systems landfill in Elmore County. Mr. Issac stated that the City of Boise has many tons more trash than we do in this County and the citizens do not want this to happen, and that IWS does not have the space for all that trash.

Fred Perez, of the Idaho Waste Systems stated that IWS presently has 1,108 acres sited for use, and are in the process of obtaining even more acreage. Mr. Perez stated there is enough space to accept all the trash in Idaho right now. Mr. Perez told Mr. Issac that IWS presently is taking trash from other places not located in Elmore County. Mr. Perez told Mr. Issac, Mr. Jones and Mr. Page he would be happy to give them a tour of the facility anytime they would call him and make arrangements.

The Board told Mr. Issac that since IWS has not violated any of the agreements made with the County, they were not in a position to tell them how to run their business.

Correspondence received by mail was reviewed by the Board. The Board directed the Clerk to take the draft letter provided by L. Ray Mickelson in support of Atlanta Power Company and retype it on Commissioner’s letterhead for their signatures.

Motion by Ireland, second by Rose, to have the Chair sign the agreement with Boise National Forest on the Atlanta Dump Site.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Chairperson Egusquiza-Stanek read proposed Resolutions 320-04, 321-04, 322-04, 323-04, 324-04, and 325-04 into the record. Motion by Rose, second by Ireland to approve the resolutions read.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

RESOLUTION NO. 320-04
TO CANCEL DECLARATION OF EMERGENCY,
ELMORE COUNTY, IDAHO

WHEREAS, the conditions within Elmore County which previously posed an imminent or actual threat to life or property no longer exist;

WHEREAS, this local disaster emergency appears to be decreasing and may not exceed the capabilities of the services, personnel, equipment and facilities of local government and agencies to deal with this emergency;

NOW, THEREFORE, be it resolved that the local disaster emergency declared on June 12, 2000, under Elmore County Resolution No. 00-256; shall be terminated; effective March 8, 2004.

Adopted unanimously, in open session, this 8th day of March, 2004, by action of the County Commissioners subscribing their names hereto.


/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioner


RESOLUTION NO. 321-04
TO CANCEL DECLARATION OF EMERGENCY,
ELMORE COUNTY, IDAHO

WHEREAS, the conditions within Elmore County which previously posed an imminent or actual threat to life or property no longer exist;

WHEREAS, this local disaster emergency appears to be decreasing and may not exceed the capabilities of the services, personnel, equipment and facilities of local government and agencies to deal with this emergency;

NOW, THEREFORE, be it resolved that the local disaster emergency declared on August 24, 2000, under Elmore County Resolution No. 00-257; shall be terminated; effective March 8, 2004.

Adopted unanimously, in open session, this 8th day of March, 2004, by action of the County Commissioners subscribing their names hereto.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioners
ATTEST: /S/ GAIL L. BEST, Clerk

RESOLUTION NO. 322-04
TO CANCEL DECLARATION OF EMERGENCY,
ELMORE COUNTY, IDAHO

WHEREAS, the conditions within Elmore County which previously posed an imminent or actual threat to life or property no longer exist;

WHEREAS, this local disaster emergency appears to be decreasing and may not exceed the capabilities of the services, personnel, equipment and facilities of local government and agencies to deal with this emergency;

NOW, THEREFORE, be it resolved that the local disaster emergency declared on March 26, 2001, under Elmore County Resolution No. 266-01; shall be terminated; effective March 8, 2004.

Adopted unanimously, in open session, this 8th day of March, 2004, by action of the County Commissioners subscribing their names hereto.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner

/S/ CALVIN IRELAND, Commissioners
ATTEST: /S/ GAIL L. BEST, Clerk

RESOLUTION NO. 323-04
TO CANCEL DECLARATION OF EMERGENCY,
ELMORE COUNTY, IDAHO

WHEREAS, the conditions within Elmore County which previously posed an imminent or actual threat to life or property no longer exist;

WHEREAS, this local disaster emergency appears to be decreasing and may not exceed the capabilities of the services, personnel, equipment and facilities of local government and agencies to deal with this emergency;

NOW, THEREFORE, be it resolved that the local disaster emergency declared on June 13, 2002, under Elmore County Resolution No. 289-02; shall be terminated; effective March 8, 2004.

Adopted unanimously, in open session, this 8th day of March, 2004, by action of the County Commissioners subscribing their names hereto.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioners
ATTEST: /S/ GAIL L. BEST, Clerk

RESOLUTION NO. 324-04
TO CANCEL DECLARATION OF EMERGENCY,
ELMORE COUNTY, IDAHO

WHEREAS, the conditions within Elmore County which previously posed an imminent or actual threat to life or property no longer exist;

WHEREAS, this local disaster emergency appears to be decreasing and may not exceed the capabilities of the services, personnel, equipment and facilities of local government and agencies to deal with this emergency;

NOW, THEREFORE, be it resolved that the local disaster emergency declared on July 28, 2003, under Elmore County Resolution No. 309-03; shall be terminated; effective March 8, 2004.

Adopted unanimously, in open session, this 8th day of March, 2004, by action of the County Commissioners subscribing their names hereto.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioners
ATTEST: /S/ GAIL L. BEST, Clerk


RESOLUTION NO. 325-04
TO CANCEL DECLARATION OF EMERGENCY,
ELMORE COUNTY, IDAHO

WHEREAS, the conditions within Elmore County which previously posed an imminent or actual threat to life or property no longer exist;

WHEREAS, this local disaster emergency appears to be decreasing and may not exceed the capabilities of the services, personnel, equipment and facilities of local government and agencies to deal with this emergency;

NOW, THEREFORE, be it resolved that the local disaster emergency declared on August 11, 2003, under Elmore County Resolution No. 03-311; shall be terminated; effective March 8, 2004.

Adopted unanimously, in open session, this 8th day of March, 2004, by action of the County Commissioners subscribing their names hereto.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioners
ATTEST: /S/ GAIL L. BEST, Clerk

Motion by Ireland, second by Rose, to appoint Todd Waite, whose address is 315 Danskin Drive, Boise, Idaho, 83716, to the Elmore County Public Safety Communications Board for a period of three years.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, to endorse Jeff Cook and Vicki Smith as members of the Elmore County Public Safety Communications Board. Both Mr. Cook and Ms. Smith are already serving their second three year terms on the Board.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Egusquiza-Stanek, to adjourn the meeting.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk