COMMISSIONERS MINUTES                                 February 12 , 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 Chairman Larry Rose, Commissioners Connie Cruser and Arlie Shaw. Also present were Clerk Marsa Grimmett and Deputy Clerk Barbara Steele.
Chairman Rose presented before and after pictures of the Glenns Ferry Landfill. A report was also presented that showed that no methane gas was present at the Glenns Ferry Landfill. Significant cleanup of the landfill is depicted in the photos.
Karen Martin, Mountain Home News, appeared and made inquiries about the Glenns Ferry Landfill. She first asked the Commissioners if there was enough dirt available at the site to cover the materials that are brought in daily. Commissioner Rose stated that the site covers 40 acres and there is enough dirt to cover the garbage. She next inquired if there were written operating procedures for those who contract for the land. Commissioner Rose stated that the current operators are procuring a procedures manual that can be presented to the Commissioners. She also asked if the Commissioners had concerns if hazardous waste might be in the Landfill. They replied to their knowledge they were unaware of any hazardous waste. Ms. Martin then asked if it is going to be a challenge to have the Landfill up to code in April, and what the cost is going to be to get it in compliance. Commissioner Rose stated he was concerned about the Landfill being in compliance by the April deadline and was unsure of an exact amount of extra costs. The contractors are being paid the regular fee to operate the Landfill and they are doing extra work to get the Landfill into compliance. The property boundaries were questioned. The Commissioners are hiring an engineer to work on getting that issue resolved. The Commissioners added that Central District Health and DEQ (Department of Environmental Quality) are pleased with the cleanup process at the Glenns Ferry Landfill. Martin asked if the Cranes assumed Mark Simons contract. They affirmed that they did. She next asked if she could look at the insurance policy. The Clerk’s office will obtain the policy for her to look at.
Prosecutor Schindele joined the meeting with the new Civil Attorney Richard Roates who sat in the audience.

Brent, from HCM Homstead, reported his audit findings to the Commissioners. His concerns were addressed with some of the accounts. Overall the monies spent corresponded quite well with the budget. Commissioner Cruser asked Brent when 1099’s are appropriate. An inquiry was also made if employees should be taxed on fringe benefits such as the purchase of uniforms, weapons or meals. Brent stated that employees are not taxed for these items. Brent found some mistakes in the reports he had prepared, so he did not give them to the Commissioners. He will send us corrected reports in the mail.
Prosecutor Schindele stated she had reviewed the proposed Master Services Agreement between Elmore County and Centra Consulting, Inc. and everything looked fine. She recommended that the Commissioners should accept and sign it so there is no delay in recertifying the landfills. Motion by Rose to accept and sign the Master Services Agreement with Centra Consulting, Inc., Stephen E. West, President, for engineering services for re-certification for the County’s Landfills, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Expenses were discussed. The Prosecutor is still paying for storage of Ciccone’s vehicle that was involved in a murder case. The judgment is not final in this case, so Prosecutor Schindele does not want this evidence released. The Sheriff’s department was paying the storage fee, and then the Prosecutor’s office began paying this bill in October.

Commissioner Cruser inquired as to the Snake River Rubbish bill. The Prosecutor would like a more detailed bill in reference to the cleanup process. The phone bill for the emergency services building was reviewed.

Motion by Shaw to approve the expenses, with the exception of the red dot folder, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the payroll in the amount of $319,796.81 by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

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

Motion by Rose, second by Cruser to approve the minutes for January 22, 2007 and January 29, 2007. Discussion followed and one change was made to the January 29th minutes. Chairman Rose asked about the RFP (Request for Proposal) referenced in the January 29th minutes and the Prosecutor replied she did not prepare the RFP for a video presentation system for the new jail. Deputy Clerk Steele stated Lynn McCallum from the Sheriff’s office brought over the RFP with the notice that would be published in the Mountain Home News.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Chairman Rose stated that he had reviewed the budget and to change the Code Enforcer’s position from part-time to full-time, the funds would need to be transferred out of the PILT Fund. The Commissioners are hearing positive feedback from the community and would like to make this a full-time position. Motion by Rose, to have the Clerk prepare a resolution transferring funds from PILT to Growth and Development to fund the salary of the Code Enforcement Officer effective April 1, 2007, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Certificates of Residency were read into the record by Chairman Rose: Charles Thomas Abramson, Stephanie Denea Bowen, Tana Nadine Brandenburg, Ted S. Caranto, Rachel Kay Cash, Ross M. Coute, Alexandria Marie Dodge, Tawni Renee Downen, Carrie W. Gruver, Montserrat G. Guadarrama, Rebecca Lynn Henderson, Brianne K. McCarty, John Timothy McCarty, Paul G. Montgomery, Emily Marie Moranda, Holland Adrian Nichelson, Jacob William Posey, Amber Lynn Smith, Michael Lee Stirewalt II, Benjamin Charles Thomas Jr., Bridget Rae VanMeer, and Erika Kathleen Wolfgang. Motion to approve the Certificates of Residency as read by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Requests for extension of property tax payments were read into the record by Chairman Rose: Rimco, Inc, Patrick Seeley, Jessi Smith, Manuel Hernandez, Sylvia Hernandez and Ruben Lopez.

Motion to approve the property tax payment request for extensions as read by Rose, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Commissioner Cruser advised that she received and email from a citizen in Atlanta that they had been without long distance telephone service for the past four days and she asked if the Commissioners could assist in getting better service out of Rural Telephone Company. The Clerk will send a letter to Rural Telephone Company advising them of the complaint.

Resolution No. 388-07 was read into the record by Chairman Rose:

RESOLUTION NO. 388-07

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

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 on February 12, 2007, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $66,701.19 from line item 197.397.098, Industrial Revenue, be shifted to line item 655.855.098 Elmore County Services Facility.

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 12th day of February, 2007, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.

ELMORE COUNTY COMMISSIONERS
LARRY E. ROSE, Chairman
CONNIE M. CRUSER, Commissioner
ARLIE SHAW, Commissioner
ATTEST: MARSA GRIMMETT

Motion to approve and sign Resolution No. 388-07 by Rose, second by Cruser. Roll call vote was taken.
SHAW................................................ – AYE
CRUSER............................................ – AYE
ROSE................................................. – AYE Motion carried and so ordered.

The request for budget change for the Veterans Service Officer was reviewed. Motion by Rose to approve the change in the Veterans Service Officer increasing the salary from $600.00 to $700.00 per month, and to have a resolution prepared transferring funds from the Veterans Service Officer B Budget to the A Budget, second by Cruser.
ROSE................................................ – AYE
SHAW............................................... – AYE
CRUSER........................................... – AYE Motion carried and so ordered.

Dan Collins appeared to answer questions about the new jail, the emergency services building and the storage shed located on the Jail property. The payment for the shed was question by Dan. It was decided it should come out of the new jail facility fund. The two phone lines to the emergency services building were discussed. Search and Rescue should be paying their phone, water, heat and power bill. Dan will check into having separate meters installed.

Motion to approve the expenses in the red dot file with the exception of the Snake River Rubbish bill by Rose, second by Cruser.
ROSE................................................ – AYE
SHAW............................................... – AYE
CRUSER........................................... – AYE Motion carried and so ordered.

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

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

Marianne Bate introduced Maricella Hurtado as her new part time assistant to the Commissioners.

The following decisions were made:

K-01-07-15 Motion by Rose, second by Shaw, to approve with a reimbursement order of $50.00 per month.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-07-01 Motion by Rose, second by Shaw, to approve with a reimbursement order of $75.00 per month, with a yearly review. Chairman Rose amended his motion to include the payment of 50% of Federal and State income tax returns, Commissioner Shaw amended his second.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-07-03 Motion by Rose, second by Cruser, to deny as not last resource.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-07-04 Motion by Rose, second by Shaw, to deny as incomplete, not indigent, no interview, and not last resource.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-07-12 Motion by Rose, second by Shaw, to deny as the applicant did not respond to the letter for interview, application incomplete, not indigent, no interview, and not last resource.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-07-05-02. Present at the hearing were Chairman Rose, Commissioners Connie Cruser and Arlie Shaw, Prosecutor Kristina Schindele, Social Services Director Marianne Bate and her new assistant Maricella Hurtado, Deputy Clerk Barbara Steele, the Applicant and the Applicant’s Spouse, Jay Clark, Attorney for the Applicant, Bonnie Miller, Elmore Medical Center and Helen Burleson Horizon Home Health Hospice. Marianne Bate gave an overview of the case. Discussion followed, questions were asked and answered. The Commissioners agreed to a four month continuance. This case will be heard again on June 11, 2007 at 2:00 p.m.

Motion to grant a continuance to June 11. 2007 for a final decision on Case No. K-07-05-02 by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

All parties involved stipulated to the continuance of this case.

Regular session resumed.

An inquiry was made by Clerk Grimmett on how to handle to the change of the Treasurer’s position of the Ambulance District. Deputy Clerk Steele will call the current Treasurer to retrieve the Ambulance District materials.

Correspondence received by mail was reviewed.

A request from Monica Halliday, Juvenile Probation, was discussed regarding donating one of their vans that is non operational to the High School. The High School’s auto mechanics class would repair the van for the shop teacher to use . Motion by Rose to donate the 1987 Dodge Van to the Mountain Home High School that was previously used by the Juvenile Department, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Sheriff Layher appeared before the Board and requested to buy another vehicle for the C.O.P.S. from the funds received from the insurance company in regards to a vehicle that was wrecked while the C.O.P.S. were driving it. It was decided that the Sheriff may give the C.O.P.S. a retired sheriff’s vehicle and the insurance money will be better used for equipment. Sheriff Layher notified the Commissioners that two Owyhee County deputies that work the Strike Dam Reservoir area, were deputized so that they can write citations if they are on land in Elmore County.

Commissioner Cruser asked Sheriff Layher about the letter from the Sheriff’s Association regarding pre-inspection of the jail. The jail video equipment was discussed. Sheriff Layher commented that approximately 8 employees for the jail will either be at POST training or will be going to training shortly after they start employment. Commissioner Rose requested that the Sheriff obtain a commitment from these employees that they work for the County for a determined length of time after they receive POST training. Sheriff Layher stated he will obtain a written statement from the employees that they will work for the County a minimum of two years after their training.

Bonnie Sharp and Lori Kane from the Growth and Development Department, Pat Dooley from Pacific Hide and Fur Depot and Lori Reynolds, counsel for Pacific Hide were present. Mr. Dooley is requesting a zoning change from Agriculture A to Heavy Industrial “M2” for their property. Mr. Dooley explained that his business will shred cars and mobile homes. If the request is approved he will then apply for a Conditional Use Permit for the business.
After review, the Commissioners found that the request for the zoning change does not conflict with the 2004 Comprehensive Growth and Development Plan, or the Zoning and Development Ordinance, and that the request falls within the guidelines of good zoning practices.
Motion to by Rose, to approve the Planning and Zoning Commission’s recommendation to grant the re-zoning application of Pacific Hide and Fur Depot, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

A public hearing was scheduled for March 12, 2007 at 3:00 p.m. regarding the request for a zoning change. The Prosecutor will prepare an Ordinance amending the County’s Zoning and Development Ordinance for the public hearing.

Gary Tuller came before the Board regarding a 3- lot Letter of Information (LOI) to subdivide property with no additional conditions. Bonnie Sharp and Lori Kane from the Growth and Development Department were also present. A brief discussion followed.

Motion by Rose to approve Gary Tuller’s 3-Lot Letter of Information with no additional conditions, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

A 4-lot Letter of Information for Garry Street was reviewed. Bonnie Sharp and Lori Kane were still present and discussion followed.

Motion to approve Garry Street’s 4-lot Letter of Information with a condition to add into the CC and R’s that there is no fire suppression service by Rose, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Kate Ackerson of the Elmore County Fair Board introduced herself to the Commissioners.

Alan and Adam Crane, Snake River Rubbish, appeared before the Board. Prosecutor Schindele explained that the County needed a more itemized bill on the invoice for $30,000 that they submitted for payment.

Notice and Acknowledgment of Assignment regarding Snake River Rubbish was read into the record by Commissioner Rose:

NOTICE AND ACKNOWLEDMENT OF ASSIGNMENT

THIS NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT is dated this 12th day of February, 2007.

WHEREAS on November 1, 2006, Snake River Rubbish, LLC, purchased certain assets related to Mark Simon’s trash collection business.

WHEREAS on November 1, 2006 those certain contracts and all extensions thereto between Mark Simons and the Elmore County Board of County Commissioners for collection of trash and the maintenance and operation of the Glenns Ferry, Idaho landfill were assigned to Snake River Rubbish, LLC (the “Contracts”).

WHEREAS, the parties desire to acknowledge and provide notice of such assignment of the Contract.

IN WITNESS WHEREOF, the parties have signed the NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT the day first written above.

COUNTY: Elmore County Commissioners
Larry E. Rose, Chairman
Connie M. Cruser, Commissioner
Arlie Shaw, Commissioner
ATTEST: Marsa Grimmett, Clerk
CONTRACTOR: Snake River Rubbish, LLC
Adam Crane, Member
Alan Crane, Member

Motion to approve and sign the Notice of Acknowledgement of Assignment between Elmore County and Snake River Rubbish, LLC by Cruser, second by Rose.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Lori Kane, Growth and Development, came back before the Board to clarify if just the new residents need to be informed that they do not have fire suppression service or if everyone in the subdivision needs to be notified regarding the Garry Street 4 lot Letter of Information approved earlier in the meeting. At minimum the new residents need to be notified and the Commissioners would like it if everyone could be informed.

Stefanie Kazayaka came before the Board to have paperwork for a grant signed. The grant is for Juvenile Justice Activities in the amount of $4,500, $500 matching funds, and is effective from October 1, 2006 to September 30, 2007. Chairman Rose signed the grant.

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

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