COMMISSIONERS MINUTES                                   OCTOBER 23, 2006

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

Present at the meeting were Chairperson Mary Egusquiza, Commissioners Larry Rose and Connie Cruser.  Also present at the meeting was Clerk Merrilee Hiler.

Motion by Egusquiza, second by Cruser, to approve the minutes of October 10, 2006.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

The ambulance bills were discussed.  Allen Kiester in Pine, Idaho, who is a volunteer EMT in the area, will be gone for two weeks.  The contract with Northwest Paramedics was reviewed and they are required to respond to the Pine/Featherville area per the contract.

Motion by Egusquiza, second by Rose, to approve the ambulance bills.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

The Commissioners phoned ABL regarding the Food Service Contract for the jail.  John Appleton, the owner of the Company, was put on speaker phone.  The Commissioners asked Mr. Appleton questions regarding the price of meals and the distinction between the inmate meals and employee meals.  Mr. Appleton stated there were meal cards that could be purchased for employees.

Marty Jones, Central District Health, appeared before the Board with his monthly report.  Discussion followed on a DEQ (Department of Environmental Quality) letter regarding site approval for existing non municipal solid waste facilities regarding the Bennett Road Transfer Station.  The County owns the transfer station and it is operated by Idaho Waste Systems.  Mr. Jones feels a consultant that is familiar with doing these site certifications needs to be hired. The certification must be signed by a Licensed State Engineer.   Mr. Jones suggested that he and Fred Perez, Idaho Waste Systems, meet with the Commissioners on the issue. The deadline is April 26 of 2007.

Water issues in the County and the proposed meeting with the Department of Water Resources was discussed.  The proposed developments in the eastern part of the County were also discussed.  Commissioner Cruser asked about the gas station that was demolished on American Legion and if there was any contaminated soil involved.  Mr. Jones stated DEQ (Department of Environmental Quality) would have handled any contaminated soil issues and he would check on it. 

Prosecutor Schindele joined the meeting and asked the Commissioners to vacate the Boschma hearing scheduled for today to another date.

Motion by Egusquiza, second by Cruser, to vacate and grant a continuance on the Boschma hearing. 

A date for the new hearing will be scheduled with the cooperation of the parties involved.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

The Department Heads portion of the meeting took place.

Bonnie Sharp, Growth and Development Director, appeared with her report to the Commissioners.  There have been no new applications for subdivisions.  She is continuing to get questions on Planned Communities and her response is that their department is working on regulations and will be adopting an Ordinance similar to Ada County’s.   Ms. Sharp reported the new fee schedule is in affect and working well. 

Tom Gibbon, Security, had no report.

Monica Halliday, Juvenile Probation, stated she met with Bev Ashton and Deborah Holmberg and a meeting will be set for next week with the Commissioners for an update on an Analysis on the Juvenile Program.

Alan Baumgardner, Veteran Services Officer, stated his department assisted 15 veterans with claims to the Dept. of Veteran Services.  He was following up on the Wheel Chair program, which would allow transportation of wheel chair bound Veterans to the Veterans Hospital in Boise. 

Dan Collins, Plant Facilities Manager, verified that flu shot day is November 13, 2006 here at the Courthouse for County employees.  Commissioner Cruser is working with the hospital to have a mini health fair the same day.  Scheduling meetings of various rooms in the Courthouse were discussed.  A memo will be sent to each department regarding employment positions opening in the County stating to contact Dan so he can post it on the County’s Web Site.  The memo will also state it is the Departments responsibility to get the announcement to an outside source such as Job Service or the Mountain Home News. 

The Elected Officials met with the Board for their regular monthly meeting.

Rose Plympton, Treasurer, reported her office had received the certified levies from the State. 

Carol Wood, Chief Deputy Assessor’s Office, stated the Assessor’s office is working on the assessment appeals.  Discussion followed on the Bennett Mountain Power Plant and its assessed value which is approx 19 million and the county would have assessed it at 44 million.  Subdivision parcels and acreage were discussed.      

Rick Layher, Sheriff, appeared before the Board and told the Board there will probably be a new law on ATV’s and licensing.  They can’t be licensed by Federal regulations and we have been.  The Legislature is going to pass legislation that a person can purchase an off road sticker, and then you can ride on any dirt or gravel road with that sticker.  An Ordinance can be enacted for ATV’s to ride on paved roads.  Our snow mobile ordinance was referenced and would probably be similar for an ATV Ordinance.   Sheriff Layher requested permission to work on a grant for a treatment program for methamphetamine users.

Bonnie Sharp appeared and introduced Carl Phares and Wayne Tindall from the Mountain Home Highway District.  The Subdivision/Roadway Ordinance was reviewed.  There is a road in a new subdivision that our ordinance would require to be paved.  To get to the subdivision you have to drive on a gravel road.  Discussion followed on our requirement to pave roads in subdivisions.  The variance process was discussed.  The Ordinance will be used as is, as well as the variance process. 

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

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

At 1:30 the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate, on a motion by Egusquiza, second by Cruser.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

K-09-06-03  Motion by Rose, second by Egusquiza, to deny for all reasons, application incomplete, indigency not verified.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

K-09-06-05  Motion by Rose, second by Cruser, to deny as it will be paid by court order.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

K-06-06-09  Motion by Rose, second by Cruser, to dismiss as Intermountain withdrew their appeal prior to the hearing.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

K-10-06-04  Motion by Cruser, second by Rose, to deny as not indigent. 

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Still in Executive Session the Commissioners held a hearing of reconsideration on K-07-06-07.  Present at the hearing were the three Commissioners, Prosecutor Schindele, Social Services Director Marianne Bate, Deputy Clerk Barbara Steele, Mark Peterson and Ann Kaley representing St. Lukes Medical Center and the applicant.  The Commissioners asked the applicant questions.  The hearing was closed.

A hearing was held on K-06-06-01.  Present at the hearing were the three Commissioners, Prosecutor Schindele, Social Services Director Marianne Bate, Deputy Clerk Barbara Steele and the applicant.  The Commissioners asked the applicant questions.  The hearing was closed.

K-06-06-01  Motion by Rose, second by Cruser, to approve with a reimbursement order of $200.00 per month, 100% of income tax refunds to be included in re-payment until paid in full, and a yearly review of the case.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

K-07-06-07  Motion by Egusquiza, second by Rose, to approve with a reimbursement agreement  of $100.00 per month, 50% of income tax refunds to be included in re-payment until paid in full, and a yearly review of the case.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Regular session resumed.

No public was present for the public portion of the meeting.

Clerk Hiler joined the meeting and gave a brief review of her office.  She reported absentee voting was taking place in their office and the election is the major focus.  The Adult Probation office is getting back on their feet after moving their office.  The Indigent collection report was reviewed.

Bonnie Sharp, Growth and Development Director, appeared before the Board and introduced Noe Garza, the new Code Enforcement Officer.  Mr. Garza gave a brief report of his duties and that he has been very busy.  He has been reviewing files and also stated there was a code enforcement seminar at no charge he will be attending this week.  Discussion followed on what areas to start code enforcement.

A small recess was taken.

Motion by Egusquiza, second by Cruser, to convene as a Board of Equalization.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

An application from EcoGreen for an exemption on personal property was discussed.  Stacy Bauer and Connie Dorr from the Assessor office were present.  The tools that the company uses to collect contaminates were reviewed for possible exemption. 

Motion by Rose, second by Egusquiza, to uphold the Assessor’s office recommendation which is removing the water tank and the push broom from the personal property assessment roll.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

The Commissioner reconvened as a Board of Commissioners.

Sheriff Layher appeared before the Board for the 4:00 p.m. meeting regarding Dispatch for the new Jail.  Jeff Berger from Intermountain Communications was present for the discussion.  Sheriff Layher stated he wished Russ Morehead was able to attend the meeting but has been unable to contact him.  Jeff Berger stated he had been checking on the status of the construction and the placement of the tower for dispatch.  He also explained a time line for installation of the E-911 equipment.  Commissioner Rose expressed concern about coordination in planning to avoid having to purchase more than one system.  Sheriff Layher stated we needed another meeting with Walt Femling and Russ Morehead.  Rick will schedule it for November 7^th at 10:00 a.m.

The Boschma hearing will be scheduled for November 20^th or November 27^th at 3:30 p.m.

The proposed moratorium on Planned Unit Developments was discussed.  Bonnie Sharp, Growth and Development Director, was present.  Discussion followed and Prosecutor Schindele stated you have to have a reason to impose a moratorium for example, imminent peril to the public safety and welfare.  Prosecutor Schindele stated the Board must make findings for the moratorium, if all the evidence that the Commissioners have heard causes an imminent peril.  Nine conditional Use Permit elements have to be considered.  Motion by Rose to hire Mr. Mark Pecchenino from Ada County to help Elmore County with the Planned Unit Community portion of our Ordinance, second by Egusquiza.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Motion to by Egusquiza, second by Rose, to approve the Recorder’s Office report for the record only.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Motion by Rose, second by Cruser, to approve the expenses.  Motion was amended to exclude a bill for an eye examination.  Total expenses $104,421.33

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Motion by Egusquiza, second by Cruser, to cancel the November 6^th Commissioner’s meeting.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Commissioner Cruser asked about Coroner’s reports and where are they kept.  Prosecutor Schindele stated they should be kept on the Courthouse grounds and she will call Coroner Spence. 

The Groomer Board was discussed.  Chairperson Egusquiza will phone Allen Kiester.  Carlene Braithwaite stated to Chairperson Egusquiza she would be interested.

Motion to approve a transfer of a liquor license for Pine Resort, LLC by Cruser, second by Egusquiza.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

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

Motion by Egusquiza, second by Cruser, to approve the Liquor License for Joe’s Steak House.  Discussion followed and motion and second were withdrawn as there was no Sheriff or Health Department approval.

Chairperson Egusquiza stated she spoke with Alan Roberts, Mountain Home Extrication, about bid prices regarding a road extension for the Emergency Services Building.  A gravel road was discussed as an option.  Retention ponds were discussed.    

Correspondence was reviewed.

Commissioner Cruser left to attend another meeting.

Motion by Egusquiza, second by Rose, to adjourn.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - ABSENT    Motion carried and so ordered.

/S/ MARY EGUSQUIZA, Chairperson

ATTEST: /S/ MERRILEE HILER, Clerk