COMMISSIONERS MINUTES                                       JUNE 27, 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 at the meeting was Clerk Gail Best.

 

Motion by Egusquiza, second by Cruser, to approve the expenses as submitted in the amount of $79,788.89.

ROSE - AYE                                                                                                                                          

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Cruser, to approve the minutes of June 13, 2005 and June 14, 2005.  There was discussion and a minor change was made to page 5.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read the tax cancellation into the record: No 782 - Glenns Ferry Highway District $37.68.  Motion by Rose, second by Cruser, to approve the tax cancellation as read.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 


 

Larry Tripp of the Forest Service, Rich Cornell of Mountain Home, and Clay Nader a Fish Biologist with the Forest Service appeared before the Board to discuss several issues.  Mr. Tripp told the Board that the Forest Service has been working on some land exchanges for several years which are about to come to the point of a scoping document.  The land exchanges would be for the Forest Service to acquire property in the Danskin Mountains in exchange for land near Camas and the East side of Bennett Mountain.  Mr. Tripp gave the Board a map showing the parcels to be disposed of and showed them the areas that would be gained on a Forest Service map.  Mr. Tripp explained that he did want the Commissioners to have advance notice of the planned exchange.  Mr. Tripp said the second issue he wanted to discuss with the Board was the area above Fall Creek Corridor (Knox Creek to Ice Springs).  The Forest Service will be sending out a scoping document soon.  The project is to do some vegetation control to assist on the Fire Mitigation Plan.  Mr. Tripp stated there are some cabins in that area.  Mr. Tripp stated that the third issue they would like to talk about is the Roaring River Culvert Program, for which they would like to obtain RAC Funding.  Clay Nalder gave the Board a photograph showing the location of the culvert in question.  Mr. Nalder stated the culvert has been in place since 1957 and that there are bull trout above it.  The project is called the Roaring River Culvert Replacement Project and calls for replacement of existing 13 foot diameter 80 foot long culvert with a 40x20 foot bridge.  The bridge would be a two lane bridge.  Mr. Nalder stated the project cost is $310,000.  The intention is to obtain the funding from several sources: $40,000 from U.S. Fish and Wildlife Service, $10,000 from the Forest Service, $150,000 from Bring Back the Natives (Pending), and $110,000 Title II Funds Request.  Chairman Rose asked how much traffic is in that area, and Mr. Tripp stated very little except during hunting season.  There was general discussion about whether there were alternative methods of reconnecting the isolated bull trout population.  Mr. Tripp asked the Board if they could write a letter in support of this project, perhaps in about three weeks.  The Board agreed to do so.

 

Prosecutor Bazzoli joined the meeting.

 

Motion by Egusquiza, second by Cruser, to appoint Richard H. Roddenberry to the Planning and Zoning Commission for a four year term. 

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The elected officials and department heads met with the Board for their regular monthly meeting.  Jim Haydon, Assessor, asked the Board if they are going to increase the solid waste fee for fiscal year 2006?  Chairman Rose stated they would be doing 5%.  Jim stated that there is some ongoing discussion about the power plant on the hill, the State did not pick it up as centrally assessed property, but the County did as new construction.  Idaho Power would like the plant to be centrally assessed by the State, but of course the County would like it to be locally assessed.  Jim stated he would keep the Board informed of the situation.

 

Marla Spence, Corner, stated there have been sixteen deaths in the County in June thus far, and two have been autopsies. 

 

Tom Gibbon, Chief of Security, stated he had no report.

 

Dan Collins, Plant Facilities Manager, stated that the City will be painting the lines on East 2nd South later this week to convert to angle parking on the side of the Courthouse.  Chairman Rose’s chair is broken and needs to be replaced, so Dan asked the Board if he should order three chairs for the Board so they will match?  The Board stated Dan should order three chairs with arms.  Dan reported the storage parking area is ready for vehicles to move to.  Dan stated hopefully the new area will help with the parking situation.

 

Mir Seyedbagheri, Extension Agent, presented the Board with his activities report.  Mir reported on PVY virus, which is new and has been found in potato fields.  Commissioner Egusquiza asked if the Weed Supervisor has been spraying for rush skelton weed, and Mir replied that she has.  Mir reported he is also doing some biological control on rush skelton weed.

 


 

Cathy Wyllie, Executive Director for the Fair, gave the Board copies of the premium book for this year’s fair.  Cathy stated that grand entry for the fair on the 29th and 30th of July will have a stage coach and a wagon for dignitaries to ride in and the Fair Board will be on horse back.  Kathy urged the Commissioners to be there both evenings for the grand entry.  Cathy also spoke about the water damage in the fair office and the booklets that were damaged.  Cathy said she spoke with Clerk Best about the damaged booklets which had just been printed and was told to get the booklets reprinted immediately because the insurance coverage would take some time to receive.  Cathy stated that the Fair Board would like to have a credit card to make purchases.  Clerk Best and the Board stated that credit cards are discouraged in Elmore County, but did acknowledge that an account could be set up at certain stores, for example WalMart, for the purchase of items.  Cathy stated she would look into that.  Cathy stated that the Fair Parade in Mountain Home has been cancelled but she would look into doing it next year, but would start earlier with the process.  Cathy gave the Board a copy of the Slash T Rodeo Company contract.

 

Bonnie Sharp, Director of the Growth and Development Department, presented the final plat of Ashwood Subdivision Phase II for approval.  Motion by Egusquiza, second by Cruser, to direct the Chair to sign the final plat.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A Letter of Information for the Ark Property was discussed.  The matter was tabled.

 

A public hearing on the establishment of a public corporation by ordinance was held.   The purpose of the hearing was to hear testimony on an ordinance authorizing and providing for the establishment, organization and operation of a public corporation to implement Title 50, Chapter 27, Idaho Code, as amended, approving a Charter for such Corporation, specifying the powers, authority and limitations of the Public Corporation.  Providing for control and supervision of the Public Corporation by the County and providing an effective date.  Prosecutor Bazzoli stated that the ordinance would establish Elmore County as a public corporation for the purpose of obtaining grants.  There was not testimony from the public offered at the hearing.  Chairman Rose stated he was not sure why they were even doing the ordinance, and the other Board members agreed it wasn’t clear.  Chairman Rose suggested they leave the hearing open to see what the purpose was, the Clerk sated she would speak with Rick Skinner about it and get more information.  The hearing was recessed, but left open until the July 11th meeting.

 

Brett Silver appeared before the Board to report on solid waste issues.  Brett reported that the Hammett collection site is in even worse condition, among the things dumped are carpeting, auto parts, tree branches and appliances.  The Board discussed whether or not they should make Hammett the first site to have cameras installed.  Mr. Silver stated that the Pine collection site is still getting lots of construction material.  Brett also reported that the sign at the Atlanta’s site needs to be redone, it is unreadable.

 

Motion by Egusquiza, second by Cruser, to approve the Findings of Fact and Conclusions of Law for Rocky Mountain Land and Cattle with the changes suggested.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Egusquiza, to recess for lunch.

ROSE - AYE


 

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

At 1:15 p.m. 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 decision were made:

 

K-06-05-06 Motion by Rose, second by Egusquiza, to deny as not indigent, not a resident, application incomplete, and this is court ordered through the prosecuting attorney’s office.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-06-05-03 Motion by Egusquiza, second by Cruser, to approve with a reimbursement order of $25.00 per month.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Discussion of the non-payment letters on indigent cases took place.  It was decided to table the matter until the new Prosecutor takes over.

 

Wes Whitworth and Denise Barresi, Co-Chairs of the Travel and Tourism Committee appeared before the Board to request some funding for the Desert Mountain Visitor Center.  Mr. Whitworth stated their request would be for $7,500.00.  Mr. Whitworth stated without the added assistance, the Visitor Center may be forced to close it’s doors.  The Center is manned by volunteers and they give out information for all of Elmore County, giving out brochures and information about various things to see and do in Elmore County as well as directions and suggestions to all that stop to inquire.  Mr. Whitworth stated he felt the Center helped promote business as well as tourism throughout the County.

 

Vicki Smith, Chairperson of the E-911 Board, appeared before the Board to discuss the E-911 budget in a workshop.

 

Mir Seyedbagheri appeared before the Board to discuss the following budgets: County Agent, Noxious Weed, and Pest.

 

Motion by Egusquiza, second by Cruser, to go into executive session pursuant to Idaho Code 67-2345(b).

ROSE - AYE

EGUSQUIZA - AYE


 

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session was resumed.  No action was taken as result of the executive session.

 

Marla Spence appeared before the Board to discuss the Coroner budget.

 

Bonnie Sharp appeared before the Board to discuss the budget for Growth and Development.

 

The Letter of Information (LOI) for the Ark property was discussed.  Motion by Egusquiza, second by Cruser, to approve the LOI for the Ark property, and uphold the conditions placed on the approval by the Planning and Zoning Commission.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Cathy Wyllie, Executive Director of the Elmore County Fair and Larry Jewett of the Fair Board appeared before the Board for a budget workshop.

 

John Steiner, 2497 Collett Road, Oreana, Idaho, and Randy Reynolds, Christy Court, Mountain Home, and Steve Reynolds, 1115 W. 24th, Mountain Home, appeared before the Board to discuss wind power.  Mr. Steiner stated that Idaho Wind Farms is proposing a small project at Reynolds’ Farms, 40 megawatts approximately 20 towers.  The Reynold farm is 4200 acres.  Mr. Steiner stated that Mountain Home Air Force Base would like to see the Board’s preliminary plan for wind towers when it is ready.

 

Motion by Egusquiza, second by Rose, to approve the Findings of Facts and Conclusions of Law on Brown Dairy.  There was discussion.  Several corrections were noted and Prosecutor Bazzoli stated he would make the changes.  The Motion and Second were withdrawn.

 

Dave Bergh, 6025 Highway 30, Mountain Home, appeared before the Board to review a map he had prepared for the Board’s review.  The map portrayed the locations of operating and proposed dairies and water sources.  The Board thanked Mr. Bergh for all his work on the map.

 

Chairman Rose read the Time Warner Resolution into the record: 

 

                                                          RESOLUTION NO. 353-05

A RESOLUTION PROVIDING APPROVAL FOR AN ASSIGNMENT OF THE

FRANCHISE

AND THE CABLE SYSTEM TO TIME WARNER NY CABLE LLC

 

WHEREAS, Elmore County, Idaho (“Franchising Authority”) has granted a cable television franchise to an entity (the “Franchise”) presently controlled by Adelphia Communications Corporation (“Adelphia”), as debtor-in-possession; and

 


 

WHEREAS, Adelphia and Time Warner NY Cable LLC (“TWNY”) have entered into an agreement whereby the cable system serving your community operated by Adelphia will be acquired by TWNY (the “Transaction”); and

 

WHEREAS, upon closing of the Transaction, TWNY expressly agrees to assume the obligations under the Franchise; and

 

WHEREAS, Adelphia and TWNY have filed an FCC Form 394 providing details regarding the Transaction and establishing the qualifications of TWNY; and

 

WHEREAS, The Franchising Authority wishes to grant its approval for the Transaction as described above.

 

NOW, THEREFORE, BE IT RESOLVED BY FRANCHISING AUTHORITY:

 

Section 1.          The Franchising Authority hereby approved the Transaction.

 

Section 2.          Upon the closing of the Transaction, TWNY shall assume the obligations under the                            Franchise.

 

Section 3.          This Resolution shall become effective immediately upon passage by the                            Franchising Authority.

 

PASSED, ADOPTED AND APPROVED this 27th day of June, 2005.

 

By: /S/ LARRY E. ROSE

      /S/ CONNIE M. CRUSER

      /S/ MARY E. EGUSQUIZA

ATTEST: /S/ GAIL L. BEST

 

Motion by Egusquiza, second by Cruser, to accept and sign the Resolution.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Cruser, to adjourn.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

/s/ LARRY E. ROSE, Chairman

ATTEST: /s/ GAIL L. BEST, Clerk