COMMISSIONERS MINUTES                                         MAY 9, 2005


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

Present at the meeting were Chairman Larry Rose, Commissioners Mary Egusquiza and Connie Cruser. Also present was Clerk Gail Best.

Clerk Best stated she prepared an emergency resolution for the Board’s approval after reviewing the April Trial Balance and finding the Justice Fund was running in arrears. Clerk Best stated the situation was anticipated when the budget was approved in the fall, and the Board had approved transfer of funds from PILT when it became necessary to do so during the budget year. Chairman Rose read Resolution No. 350-05 into the record:

RESOLUTION NO. 350-05

A RESOLUTION AMENDING THE BUDGET OF VARIOUS AGENCIES AND DEPARTMENTS OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUED FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.

WHEREAS, The Board of Commissioners of Elmore County has the authority and duty under Article VXIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6 of the Idaho Code to provide funding operation of the government of Elmore County and to account for the expenditure of those funds; and

WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting of July 26, 2004, and the need to amend the County budget has been satisfactory demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $460,000.00 be shifted from line 138-338-00-99 of the PILT Fund, to line 190.390.00.098.00 of the Justice Fund.

2. That this Resolution shall have effect immediately upon its passage.

PASSED, at regular meeting of the Elmore County Board of Commissioners in the City of Mountain Home, County of Elmore, State of Idaho, held on the 9th day of May, 2005, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.

ELMORE COUNTY COMMISSIONERS
/S/ Larry E. Rose, Chairman
/S/ Mary Egusquiza, Commissioner
/S/ Connie Cruser, Commissioner

ATTEST: /S/ GAIL L. BEST, Clerk

Motion by Egusquiza, second by Cruser, to approve Resolution No. 350-05.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the payroll for April 2005 in the amount of $305,990.93.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Rose, to approve the expenses as submitted in the amount of $435,852.51. There was discussion on medicaid rates for pharmacy items for the jail inmates.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser to approve the minutes for April 25, 2005 and May 2, 2005.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

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

Rose Plympton, Treasurer, appeared before the Board to review the title commitments for tax deed properties. Title commitments were reviewed for BMI, Alvin Dudley, Holaday and Grabowski, Spickelmier, and Larry West, all of which will go forward in the tax deed process.

Jo Gridley, Chief Deputy Assessor, appeared before the Board to discuss Casualty Loss Exemptions for Pen A. & Beverly J. Bidwell - described as Lot 6, Block 2, Morningside Park and Daniel E. & Linda Pomerlee - described as Lots 8 & 9, Block 2, Mountain Home Townsite. There was discussion. Motion by Egusquiza, second by Rose, to accept the Casualty Loss

Exemptions for Bidwell in the amount of $3,224.00 and Pomerlee in the amount of $41.703.00 plus $150.46 for Solid Waste fees.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.


Bonnie Sharp appeared before the Board to discuss internal policies for the Growth and Development Department and to ask for guidance. Bonnie stated she had reviewed Policy GD120502 -Work Schedule Policy dated December 5, 2002 and the policy on Sick Leave Balance dated May 22, 2003 and felt that she would like to make some changes to the policies if the Board approved. There was discussion on policies. The Board told Ms. Sharp that, as Director, she should change the policies to suit the current needs of the department.

Shane Zenner, Investment Representative, of Edward Jones appeared before the Board to discuss Jail Financing, General Obligation Bonds. Mr. Zenner reviewed the Sources and Uses of Funds, the Pricing Summary and the Debt Service Schedule with the Board. There was general discussion regarding the advantages to local taxpayers of selling the bonds locally insofar as it possible. Clerk Best asked in what increments local people would be able to purchase the bonds? Mr. Zenner stated that the average for the City Library bonds was $20,000 but the minimum is $5,000.00. There was discussion regarding the bonds being federal and state tax free.

Bill Richey, the Governor’s Special Assistant for Military Affairs appeared before the Board to provide an overview of the Base Realignment and Closure Commission of 2005 (BRAC). Mr. Richey presented the Board with several written reports providing more information about the BRAC. Mr. Richey explained the criteria the committee looks at while making their selections and stated that this year the list will come out no later than May 16, 2005, and after a period reserved for challenges the Commission will present the report to the President in September.

Mr. Richey then spoke to the Board about transports of civilian involuntary psychiatric patients from Mountain Home Air Force Base. Mr. Richey stated he hoped a memorandum of understanding (MOU) could be signed between Elmore County and the base to resolve the transport issues. Mr. Richey stated these transports only occur once or twice a year but the issue has gone unresolved despite efforts made in 2003 and 2004. Mr. Richey stated he has talked to Sheriff Layher about the MOU.

John Robinson, 3025 Crane Creek Road, Boise, of the Idaho Conservation League and Kerry Moosman, Box 92, Atlanta, Idaho, who is an Atlanta Historian, appeared before the Board to discuss the Atlanta Gold project and the concerns felt by the Idaho Conservation League. Mr. Robison stated their issue was parallel to the CAFO issue in that they were not against mining or gold just the cyanide leach mining process just as CAFO opponents are not opposed to milk or cows but that location is the issue. Mr. Robinson stated that the technology is there now, but is not being used so the companies do not have a very good track record. Mr. Robinson stated that several neighboring states have outlawed the cyanide leach mining process.

Kerry Moosman stated that both sets of his grandparents mined in the Atlanta area in the 1930s. In the 1950s the mining had stopped and the focus of the town has since changed. Mr. Moosman stated that the people who live there enjoy the remote, outdoor atmosphere and do not really want change to occur in that area. Mr. Moosman stated it is scary because the current proposed project is perched right above the town of Atlanta, other slides through the years have occurred away from the townsite, and the land has already been compromised through the years due to fires and the steepness of the terrain. Mr. Moosman stated a slide from the mining site would be a bad thing.

Mr. Robinson stated there will be more public hearings because of the danger of pollution from the cyanide to the river, which is an origination point for the water supply for the City of Boise. Mr. Robinson stated the Board could impose an outright ban on cyanide leach mining if they chose to. Mr. Robinson said in closing that the project deserves very close scrutiny.

Motion by Rose, second by Egusquiza, to adjourn for lunch.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

After lunch, the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Rose, second by Egusquiza, to meet with Social Services Director Marianne Bate.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The following decisions were made:

K-12-04-03 Motion by Egusquiza, second by Cruser, to issue a final denial as no appeals have been received.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-04-05-03 Motion by Egusquiza, second by Cruser, to approve with a promissory note and reimbursement order of $75.00 per month.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

NM-05-05-01 Motion by Rose, second by Egusquiza, to deny as not indigent, documentation that was asked for was not received, and applicant received a tax refund in the amount of $2,978.00 on March 14, 2005 and therefore could have paid rent for April and May.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing of reconsideration was held on K-01-05-03. Present were the Commissioners, Social Services Director Marianne Bate, and Deputy Clerk Steele. The applicant was not present, the hospital was not present. Motion to issue a final denial on the case by Rose, second by Egusquiza as no further information or documentation has been received by from the applicant.
ROSE - AYE

EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

The Chairman recessed as a Board of Commissioners and motioned to convene as a Board of Equalization, second by Cruser.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Property Tax Reduction applications were reviewed. Motion by Egusquiza, second by Cruser to approve the Property Tax Reductions as presented by the Assessor’s Office.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Board recessed as a Board of Equalization and reconvened as a Board of Commissioners.

Chairman Rose read the Certificates of Residency into the record: Amanda B. Burgess, Laura Kathleen Davis, Chris C. Hathaway, Courtney Charbonneau Loftus, Gerardo I. Rojas, Amanda Carroll Taylor, Donivan Wilson IV, Jamie A. Winings, Jennifer Angela Lyons, and Adam Jacob Atwood. Motion by Rose, second by Egusquiza, to approve the Certificates of Residency as read.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the tax cancellations into the record: No. 771 - Idaho Curcuit Technology $62.98, No. 772 Elmore County $619.56, No 773 - Justin Walker $.63 and Hal Michelson $.67, for a total of 683.84. Motion by Rose, second by Egusquiza to approve the tax cancellations as read.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The certification letter for the Bennett Road and Glenns Ferry landfills was discussed. Chairman Rose signed the certification and a copy will be mailed to Department of Environmental Quality.

Solid waste fees were discussed.

A short recess was called.


The next item of business was to meet with Jim Noland from Search and Rescue and Alan Roberts from Mountain Home Extrication. Representatives from the Forest Services also were present along with Mir Seyedbagheri and Stacy Prow from the Extension office. Commissioner Egusquiza got the survey on the 8th Street property owned by the County. The survey was reviewed and discussion followed on where a building could be placed for storage of equipment for the Noxious Weed and Pest Department, Elmore County Search and Rescue and Elmore County Extrication.

In kind donations, such as trusses, lumber and other building materials and labor were discussed as possible contributions from the extrication unit toward the joint project. Bob Baker stated he felt that would be even better from the RAC view. Mr. Baker added that hopefully the Department of Agriculture could kick in some money. Hiring a contractor and/or the bid process was discussed. Jim Noland suggested the three parties get together to discuss a general plan.

Toby Brown of Northwest Management appeared before the Board to discuss the All Hazard Mitigation Plan. Mr. Brown stated that the Board needs to supply names of people to be involved on the committee to attend the first meeting to be held in June. There was general discussion on the Plan. The first meeting of the committee will be held on Tuesday, June 14, 2005 at 9:00 a.m. at the American Legion Hall.

A public hearing was called to order on the appeal of the Hiler lot split. Chairman Rose stated that the purpose of the public hearing was to receive testimony on an appeal of a Planning and Zoning decision approving an application from Jack and Courtney Hiler for a Conditional Use Permit and a letter of information to split property into three parcels in an agricultural B Zone. Property is located in the W2SW4SW4 Section 8, Township 3 South, Range 7 East, B.M. A more common means of locating this site is north on Highway 20 to NE Mystic Saddle Road. Turn west on NE Hawks Drive, turn south, proceed approximately 1/4 mile. Property is on west side of NE Hawks Drive. The appeal was filed by Tag & Robin Hawks, they are not appealing the lot split, they are appealing the conditions of the existing roads not being brought up to County Specifications.

The Chairman asked Mr. Hiler to testify, and Mr. Hiler stated he did not feel he could testify first because he did not know what the problem was. Mr. Hiler asked to testify later in the process, once the subject had been clarified.

Tag Hawks, 210 Garrett Street, stated that he has no problem with the lot split but the problem he has is that there are four individuals that are required to maintain the road for the Hilers to access their subdivision. Mr. Hawks turned in four exhibits - the first of which was minutes from the Planning and Zoning Commission meeting stating that Mr. Hawks only has to provide a 30-foot easement for each parcel to a highway district approved road. The minutes also reflect that “if he (Mr. Hawks) ever goes further, and actually does a full-blown platted subdivision, then he will have to (build a road)”. “But to do a letter of information, the only requirement is, that he provides access easement, deeded or direct, from each lot to a highway district approved road”. Mr. Hawks stated if that was the case in his Letter of Information (LOI) why was that not the case in the Hiler’s LOI? Exhibits 2, 3, and 4, show photographs of the washout that occurs to access the property that he owns. Mr. Hawks, joined by his wife Robin, presented Exhibit 5, a large board showing who owns which lots in the area of concern.


Bill Detweiler, 4750 NE Hawks Drive, stated he was not opposed to the subdivision. Mr. Detweiler stated that his concern is that the road won’t take any more traffic than it has now. Mr. Detweiler added that the road gets bad if there is much traffic at all.

Jack Hiler, 1315 E. 5th N., stated that in reading Ordinance 99-3, Section 4, he does not see a problem. Mr. Hiler stated that they are not doing anything contrary to the Ordinance, and they have done their research and homework.

Jackie Rios, 4605 N. 10th West, stated she is friends with Mr. & Mrs. Hiler but that she feels where the washout occurs everyone should share in the maintenance of the road. Mrs. Rios stated she is willing to split the cost equally with all the others.

Jack Hiler stated that he will agree that everyone help pay for the maintenance of the road if everyone can agree on the work to be done prior to the work being done. Mr. Hiler stated he would not agree to pay for bringing the road up to standards so it can be maintained by the Mountain Home Highway District.

There was further discussion regarding being able to get emergency vehicles into the residents if it was necessary and it was agreed that the parties would speak to Fire Chief Gridley about the matter. Chairman Rose stated he would leave the hearing open until May 23rd at 5:00 p.m. so that emergency services and the Planning and Zoning Commission could be contacted and the information received from them could be documented in writing. Chairman Rose recessed the hearing for the day.

Motion by Egusquiza, second by Cruser, to grant the amendment of request for application/modification of assistance agreement with the Bureau of Land Management for noxious weed control and authorize the Chairman to sign the agreement.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Placing advertisements in the Fair booklet and the Summer in El Wyhee booklet was discussed. The Board decided to place a 1/8 page ad in the Fair booklet stating “The Elmore County Commissioners invite you to enjoy the Elmore County Fair” and a ½ page ad in the Summer in El Wyhee booklet stating “Welcome to Elmore County - enjoy all our recreational opportunities” and include a new commissioner photograph. Clerk Best will contact Ed Walters to place the ads.

Motion by Rose, second by Egusquiza, to adjourn.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

/s/ LARRY E. ROSE, Chairman
ATTEST: /s/ GAIL L. BEST, Clerk