COMMISSIONERS MINUTES                                 JANUARY 29, 2007

The Elmore County Commissioner’s 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 Larry Rose, Connie Cruser and Arlie Shaw. Also present were Clerk, Marsa Grimmett and Deputy Clerk, Barbara Steele.

Deputy Clerk Barbara Steele explained to the Commissioners that the Findings of Facts for Pacific Winds LLC may need to be reaffirmed because the wrong maps were presented to the Commissioners.

Commissioner Rose asked that a resolution to be prepared that will transfer money from the Industrial Revenue Fund line item into the Elmore County Services Facility line item due to an invoice received for final payment to C-2 Construction.

Commissioner Shaw voiced his concern over the $16,000 change order for the new jail facility. A representative from Lombard and Conrad will be phoned later in the meeting for clarification on the change order.

A Request for Proposal (RFP) for a video presentation system at the new jail was discussed. The Prosecutor will be asked to prepare the RFP. Commissioner Cruser explained the proposed phone system for the new jail including revenue to the County. The next jail transition meeting will be on February 16th.

A Mosquito Abatement District was discussed. Elmore County residents Marsha Sellers and Lisa Knox will be working on the proposed mosquito district.

The requirements for mandatory installation of sprinklers in homes that are not in a fire district were discussed.

Motion to approve the minutes for January 16, 2007 and January 17, 2007 by Rose, second by Cruser. Discussion followed, one correction was made to the January 16th meeting.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Commissioner Shaw inquired how mosquito districts are established. Commissioner Rose and Cruser explained how taxing districts were created. The County paid for the mosquito spraying that occurred at the end of the summer last year, with reimbursement from the State still pending.

Judy Allred appeared before the Board to request that the County pay the phone bills for the Domestic Violence Program. Ms. Allred would like to be able to appropriate their current donations to other areas of the Program. The Commissioners stated the request would be reviewed during budget time.

Commissioner Cruser asked Linda Pickett about overtime that occurred in December.

Amended Resolution No. 385-07 was read into the record:

AMENDED RESOLUTION NO. 385-07

AN AMENDED RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES AND CORRECTING A CLERICAL ERROR IN THE ORIGINAL RESOLUTION

WHEREAS, The Board of Commissioners of Elmore County have the authority and duty under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6 of the Idaho Code to provide funding operations of the Government of Elmore County for expenditure of those funds; and

WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting of January 8, 2007, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners; and

WHEREAS, The original resolution contained a clerical error. The document identified the correct line item – Health District – but provided the wrong identification number (134.334.00.099.00); and

WHEREAS, The Health District’s correct line item identification number is 124.324.00.083.00; and

WHEREAS, The clerical error is being corrected on January 29, 2007, during a regular public Commissioners meeting as follows:

IT IS HEREBY RESOLVED:

1. That $50,000.00 from line item 138.338.00.099.00, PILT, be shifted to line item 124.324.00.083.00 Health District.

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

PASSED, at a regular meeting of the Elmore County Board of Commissioners in the County of Elmore, State of Idaho, held on the 8th and 29th days of January 2007, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.

ELMORE COUNTY COMMISSIONERS
/S/ LARRY ROSE, Chairperson
/S/ ARLIE SHAW, Commissioner
/S/ CONNIE M. CRUSER, Commissioner
ATTEST: /S/ MARSA GRIMMETT, Clerk




Motion to approve the Amended Resolution No. 385-07 by Rose, second by Cruser. A roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Clerk Grimmett asked the Commissioners if they had any objections to bringing in Dolores Robison to help the Clerk and the Comptroller learn their new jobs. They stated they did not have any objections.

A request for retention of County vessel funds discussed. Motion to sign the request for the retention of County vessel funds by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Security measures, regarding suspended or terminated employees was discussed. Tom Gibbons, Security, gave his opinion as to how this should be handled. Protection orders and threats against judges were also discussed. A memo will be prepared by Mr. Gibbon for the Commissioners to sign regarding badges being turned in from suspended or terminated employees.

Commissioner Cruser asked Mr. Gibbons if mail charges could be kept track of by department. Mr. Gibbon believes that the postage machine can do that. Bonnie Sharp, Growth and Development Director, who was in the audience, told the Commissioners how her department handles their mail. Mr. Gibbon stated the County is reimbursed for a portion of the pre-paid postage on envelopes that do not get used.

Bonnie Sharp, Growth and Development Director, addressed the Commissioners about Mr. Pecchenino’s contract. Three options were given: (1) amend his existing contract, (2) operate under Wayne Forrey’s contract as a subcontractor, or (3) prepare a new contract. On March 7th a public hearing on planned communities will be held. Chairman Rose would like a new contract prepared, per the Prosecutor’s recommendation.

Ms. Sharp also requested that Noe Garza’s position, Code Enforcer for the County, be changed to full time instead of a part time. The Commissioners stated that the budget was not planned with that position being full time, however Commissioner Rose will review the budget to see if the change can be made before October. Commissioner Rose will try to have an answer by the next Commissioner meeting.

Commissioner Cruser stated that she felt that it is important that county vehicles should be marked as such. Noe’s vehicle is marked with Elmore County on the doors, and she wondered why other departments are not marking their vehicles. Bonnie will report at the next meeting as to how much the logo costs.

Request for a tax fee cancellation for Route Financial was addressed. Jo Gridley came before the commission to explain the value of the land was reduced because the river has washed away some of the property.

Motion to approve the request for tax /fee cancellation No. 871 for Route Financial LLC in the amount of $260.76 by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to recess for lunch by Rose, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

At 1:30 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Rose, second by Shaw, to meet with Social Services Director Marianne Bate.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The following decisions were made:

K-11-06-06 Motion by Rose, second by Shaw, to approve with a reimbursement order of $150.00 per month and 50% of any income tax return.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-02-06-07 Motion by Rose, second by Cruser, to deny as a final denial and not last resource.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

The proposed Ordinances for the production by wind power on certain properties were reviewed. Commissioner Rose was concerned that his property appears to be within the legal description. Jo Gridley, Assessor, confirmed that Commissioner Rose’s property lies within the described area.

Danette, from Growth and Development, addressed the commission to explain the map that is attached to the ordinance. She explained that if it needs to be corrected, she can certainly have that done. It was also explained that the company is approved to produce 18 megawatts of power. This could be done with varying configuration of towers.

Motion to accept the Findings of Facts and Conclusions of Law on an application for zoning classification amendment, Agricultural A to Agricultural B (West Wicher Road Property) in Elmore County, owned by Walter and Terrie Trail by Cruser, second by Shaw, with the corrected map to be attached.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to accept the Findings of Facts and Conclusions of Law on an application for zoning classification amendment, Agricultural A to Agricultural B (Black Mesa Road Property) in Elmore County, owned by Alice Trail by Cruser, second by Shaw, with the corrected map to be attached.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Rose to approve the public hearing notice for publication on the two proposed Ordinances amending the Elmore County Planning and Zoning Ordinance to allow electrical production by wind power on properties described as West Wicher Road Property and Black Mesa Road Property by changing the current land use from Agricultural A to Agricultural B, second by Shaw, with the corrected map to be attached.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The Commissioners re-approved their decision they made on January 22, 2007 approving the re-zoning request from Alkali Wind Farms and Black Mesa Farms to rezone the West Wicher Road Property and Black Mesa Road Property from Agricultural A to Agricultural B with the new map attached to the Black Mesa Road request.

Video visitation paperwork and the Request for Proposal for the new jail was discussed. Commissioner Cruser called Prosecutor Schindele about the paperwork. Prosecutor Schindele told Commissioner Cruser by phone she would check on this.

A conference call was made to Brent Pitts, Lombard-Conrad Architects, P.A. to discuss change order #6 on the new Jail. A lengthy discussion followed regarding the sky lights and additional cost as they were not correctly drawn on the plans.

Motion to approve Change Order #6 as submitted by Lombard-Conrad Architects, P.A. for the new jail by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Commissioner Cruser called Prosecutor Schindele to let her know we will not be meeting on February 5, 2007.

Motion made to adjourn by Rose by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk