COMMISSIONERS
MINUTES
April 23, 2007
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 Connie Cruser and
Arlie Shaw. Also present were Deputy Clerk Barbara Steele, and Civil Attorney
Richard Roats.
The proposed Emergency Mosquito Abatement District was discussed and Civil
Attorney Roats gave a brief overview of how the process works. Meeting times
were reviewed along with the notification process. A meeting was set for May 10,
2007 at 7:00 p.m. to be confirmed after the Commissioners confer with Extension
Agent Mir Seyedbagheri.
The Welfare Conference that was held last week in Mountain Home was discussed
and issues were reviewed. Civil Attorney Roats will prepare a format/schedule
for our indigent appeals.
Sheriff Rick Layher appeared before the Commissioners. The new jail was
discussed, in particular a possible problem with rain water runoff. Sheriff
Layher also questioned the Commissioners regarding his budget for purchasing
vehicles. The structure of last year’s budget was discussed and the Sheriff’s
question will be researched. The escalating gas prices were discussed. Sheriff
Layher asked if he could ask the Citizens on Patrol if they would help cover the
new jail reception area during evening hours. The Commissioners agreed that
would be a good idea.
The Department Heads appeared for their monthly meeting.
Bonnie Sharp, Growth and Development Director, appeared and notified the
Commissioners that our Code Enforcer was attacked by a dog in Glenns Ferry.
Discussion followed and the Commissioners told Ms. Sharp to have Code Enforcer
Garza check with the Sheriff and Humane Society for recommendations on what to
carry for protection. Ms. Sharp notified the Commissioners that the Northwest
Motorsports application was still active.
Wade Baumgardner, Veteran Services Officer, appeared and gave the Board a
printout of his activities. His report reflected that the Wheelchair
Transportation program is progressing. The controversy of the Walter Reed
Veterans Hospital is continuing, however the Boise facility was not included in
the controversy. The Veteran Service Officer’s school will be held in August at
the Doubletree Riverside Hotel in Boise, and Mr. Baumgardner will be attending.
Monica Halliday, Juvenile Probation, appeared and reported she had given the
Memorandum of Understanding between the City of Mountain Home and Elmore County
for a Community Garden to Civil Attorney Roats for review. Attorney Roats stated
he had some concerns and would review them with Ms. Halliday later. The State
wide drug and alcohol conference is scheduled in May and Ms. Halliday will be
attending. Judge Epis has the office procedure manual and is still reviewing it.
Mir Seyedbagheri, Extension Agent, appeared before the Board and gave a written
summary of his activities. The Commissioners read his summary. Commissioner
Cruser stated that our Civil Attorney had prepared a notice for May 10th for a
special session to form an emergency abatement district. Mir stated he would get
the appropriate information ready and will contact an official from Central
District Health to attend also.
The Elected Officials met for their monthly meeting.
Rose Plympton, Treasurer, reported she will have her reminders out in the mail
for the second tax drive, and will beat the postage increase. She also stated
she enjoyed the Welfare Conference held here last week and received some useful
information from it.
Jo Gridley, Assessor, asked Civil Attorney Roats if he had reviewed the North
Parke Limited Partnership and the North Park II Limited Partnership property tax
exemption application. He stated he had, and gave a brief overview of his
investigations. He felt they had not complied with I.C. 63-602(GG) with the
documentation provided. He checked with the Secretary of State and the limited
Partnerships are not filed with them as non profit organizations. In
summarization, they have failed to provide the necessary documentation to
demonstrate they are exempt.
Motion by Rose to recess as a Board of Commissioners and Convene as a Board of
Equalization, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose to deny the application for property tax exemption from North
Parke Limited Partnership, parcel number A0076000077C due to lack of information
and failure to comply with the statute that requires proper documentation to be
submitted per I.C. 63-602(GG), second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose to deny the application for property tax exemption from North
Park II Limited Partnership, parcel number A0076000078A due to lack of
information and failure to comply with the statute that requires proper
documentation be submitted per I.C. 63-602(GG), second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose to recess as a Board of Equalization and reconvene as a Board of
Commissioners, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Commissioner Cruser asked about an application for a circuit breaker where
postage and mailing problems were involved. Assessor Gridley explained the
situation and that the applicant must take responsibility for getting the
application to the Assessor’s office in a timely fashion.
Commissioner Cruser stated she was investigating the emergency siren that used
to sound at noon each day to reassure residents our emergency siren worked.
Commissioner Cruser reported that Nick Schilz, Disaster Services Director, had
asked her about the Ballantyne Bridge levy up in the Pine Featherville area. A
bid was submitted a couple of months ago and he was requesting authorization to
continue with the repair. Deputy Clerk Steele will research the matter. The
Atlanta Gold Mine was discussed. An article was published in the Idaho Statesman
on April 21st stating that the Company has announced truckers carrying convoys
of fuel, cyanide and other chemicals will travel along the South Fork of the
Boise River and up the James Creek road. This was after the Boise City Council
passed a resolution to protect the Boise River from any proposed mine.
Commissioner Shaw stated we needed to check out the information in the article.
Chairman Rose read the Certificates of Residency into the record: Timothy Scott
Whitmarsh, Tiffani Christa Wallace, Reece Anthony Hunter, Maria E. Dominguez,
Mykel Augusta Barrie and Jean Paul Archanbeault. Motion Rose, second Cruser, to
approve Certificates of Residency as read.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose to go into Executive Session pursuant to I.C. 67-2345(f), second
by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed and no action was taken as result of the Executive
Session.
Motion by Rose, second by Shaw to recess for lunch.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
At 1:30 p.m. the Commissioners met in Executive Session I.C. 67-2345(d) on a
motion by Rose, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
The following decisions were made:
K-03-07-03 Motion by Rose, second by Shaw, to deny as not indigent, applicant
can pay over a five year period per Idaho Code.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
K-03-07-04 Motion by Rose, second by Shaw, to deny as not indigent, applicant
can pay over a five year period per Idaho Code.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Indigent hearing procedures were discussed.
Still in Executive Session a reconsideration hearing was held on K-01-07-10.
Present at the hearing were the three Commissioners, Civil Attorney Richard
Roats, Social Services Director Marianne Bate, and Deputy Clerk Barbara Steele.
Also present was the applicant, the applicant’s significant other, and Rhonda
Walters representing St. Alphonsus Regional Medical Center. Ms. Bate gave an
overview of the case. Questions were asked and answered. The hearing was closed
and the case was taken under advisement.
Motion by Rose to approve K-01-07-10 with a reimbursement order of $300.00 per
month, with finances to be reviewed yearly, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
A hearing was held on K-09-06-04. Present at the hearing were the three
Commissioners, Civil Attorney Richard Roats, Social Services Director Marianne
Bate, Deputy Clerk Barbara Steele, the applicant and his mother, Rayven
Wilkerson and Attorney Steve Pitts from St. Alphonsus Regional Medical Center
and Terry Doyle, Cardon Health Care, St. Lukes Hospital. Social Services
Director Marianne Bate gave an overview of the case. The two issues in question
are workman’s compensation and homeowners insurance.
Motion by Rose to continue case K-09-06-04 for 90 days to July 23, 2007 at 2:00
p.m. with a signed stipulation by all parties, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed.
Clerk Grimmett appeared and briefly discussed with the Commissioners the
County’s salary survey company, BDPA, Inc. and how the process works for budget
time.
The public portion of the meeting was held.
Chris Reninger, of Mayfield, Idaho appeared with a request for a refund of a
Conditional Use Permit Fee in the amount of $685.00. Ms. Reninger stated she had
applied for a Conditional Use Permit, and at the public hearing she was informed
that her application was incomplete as there was no road plan included in the
application. She feels that Growth and Development Department was at fault as
she was not informed they needed to provide a road plan which would cost
approximately $3,000.00. Bonnie Sharp, Growth and Development Director, was
phoned and asked to come over. The matter was tabled until Ms. Sharp could
appear.
Charles Olson, 8813 Old Hwy 30, Mountain Home, Idaho, appeared to discuss the
water issues in Mountain Home. He reported he went to the water summit in Burley
last week and was optomistic and discouraged at the same time. Mr. Olson spoke
of a water advisory board and the funding necessary. Mr. Olson had a copy of the
Framework for the Snake River Plan. He stated the plan looks hopeful but
realistically he was not sure if it would happen. Some of the spring users will
impact the plan. Discussion followed and the Board thanked Mr. Olson for the
update.
Bonnie Sharp, Growth and Development Director, appeared and her and Chris
Reninger came forward to address the Conditional Use Permit fee refund request.
Ms. Sharp explained that the application was complete as far as the Growth and
Development Department was concerned, the Planning and Zoning Commission asked
for more than what was submitted. Ms. Reninger stated she was not told they
needed a plan. Ms. Sharp stated a plan was included, drawn by the applicant, but
the Planning and Zoning Commission wanted a formal plan. Ms. Sharp stated a
private roadway was being proposed to three proposed lots, that private road
would intersect with another road that no one knew about, and then onto a
Highway District maintained road. Discussion followed if the Planning and Zoning
Commission often requires additional information, and Ms. Sharp replied it is
not uncommon. Chairman Rose asked that it be stated on the application that
additional information might be requested by the Planning and Zoning Commission.
Ms. Sharp stated the Road Ordinance was attached to the application regarding
the requirement for the road. Commissioner Shaw stated the Road Ordinance was
created so emergency services can get where they need to go, but is a hardship
on certain land owners trying to split their properties to provide for their
families. Motion by Rose to refund $400 of the $685 Conditional Use Permit fee
to Chris Reninger and Blaine Bowen, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Ken Obenauf appeared with the landfill certifications from Centra Consulting. He
showed the Commissioners the applications for the Bennett Road landfill and the
Glenns Ferry landfill that are due on the 26th of April, 2007 and reviewed them
with the Commissioners. Corrections were made. Motion by Rose to have the
Chairman sign the certifications for the Bennett Road Landfill and the Glenns
Ferry Landfill when Mr. Obenauf brings the corrected applications to Chairman
Rose in a few days, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion to approve the minutes for April 9, 2007 by Rose, second by Cruser.
Discussion followed and one correction was made.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
The expenses were reviewed by the Commissioners. Motion to approve the expenses
by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Commissioner Rose read resolution number 391-07 into the record:
RESOLUTION AND ORDER NO. 391-07
BOARD OF COUNTY COMMISSIONERS ORDER FOR A SPECIAL MEETING TO BE
HELD ON MAY 10, 2007, AT 7:00 P.M. TO CONDUCT A PUBLIC HEARING BEFORE THE BOARD
OF COUNTY COMMISSIONERS REGARDING CREATING AN INTERIM ABATEMENT DISTRICT, AND TO
CONSIDER A RESOLUTION DECLARING A DISASTER AND CREATING A COUNTY-WIDE INTERIM
ABATEMENT DISTRICT AND AUTHORIZING A DIRECT APPROPRIATION FROM COUNTY FUNDS
The following resolution and order considered and adopted by the Elmore County,
Idaho Board of Commissioners on the 23rd day of April, 2007.
Upon motion of Commissioner __________________________________and the second by
Commissioner ___________________________, the Board resolves as follows:
WHEREAS, Idaho Code '31-801 grants general powers and duties, subject to the
restrictions of law, to the boards of county commissioners in their respective
counties; and
WHEREAS, Idaho Code '31-828 grants the board of commissioners authority "to do
and perform all other acts ... which may be necessary to the full discharge of
the duties of the chief executive authority of the county government."; and
WHEREAS, Idaho Code '67-2343(2) requires that all special non-emergency meetings
of governing bodies be held after at least a "twenty-four (24) hour meeting and
agenda notice"; and
WHEREAS Idaho Code '31-710 provides that a special meeting of the board may be
ordered by a majority of the board and requires that the clerk of the board must
give five (5) days public notice of such meeting, by posting three notices in
conspicuous places, one (1) of which shall be at the courthouse door; and
WHEREAS the Board finds that it is necessary, because of the number of West Nile
cases occurring last year in Elmore County, to discuss at the May 10, 2007
public hearing whether the county should create a county-wide Interim Abatement
District; and
WHEREAS, following the above public hearing, the Board needs to consider a
resolution declaring a public health and welfare disaster or emergency and
creating a county-wide interim abatement district, exclusive of the existing
mosquito abatement district, and authorizing a direct appropriation from county
funds for the purpose of controlling mosquitoes; and
WHEREAS, the agenda for the above meeting, in the form of a Notice of
Hearing/Meeting before the Elmore County Board of Commissioners, is attached as
Exhibit "1", incorporated by reference herein; and
WHEREAS, no other business will be transacted at the above special meeting,
other than that set forth in the agenda set forth in attached Exhibit "1 "; and
WHEREAS, the Board finds it necessary to schedule the above meeting for the 10th
day of May, 2007, at the hour of 7:00 p.m. with such meeting to be held in the
Elmore County Commissioners’ Public Meeting Room, which is located in the Elmore
County Courthouse, Mountain Home, Idaho.
ORDER FOR GOOD CAUSE SHOWN ANDBASED UPON THE FOREGOING, the Board of the Elmore
County Commissioners ORDERS that a special meeting of the Board of County
Commissioners be convened and conducted, as noted in attached Exhibit “1”, on
the May 10, 2007, at 7:00 p.m. in the Elmore County Commissioners’ Public
Meeting Room, located in the basement of the Elmore County Courthouse, Mountain
Home, Idaho to consider the following agendized matters:
1. Conduct a public hearing regarding: Testimony from duly recognized local and
state officials to determine and declare such pests (mosquitoes) as public
health and welfare pests, and to initiate activities to hinder in the potential
spread of disease, or adverse economic impact, caused by these pests by taking
appropriate steps to intervene in the natural biological cycle of the pests or
disease; Creating an interim abatement district; Consider and sign a resolution
declaring a disaster, creating a county-wide interim abatement district, and
authorizing a direct appropriation from county funds for the purpose of
controlling mosquitoes.
IT IS FURTHER ORDERED that the Clerk of the Board of County Commissioners affirm
that Notice of Hearing/Meeting of the above special meeting, attached Exhibit
"1”, was accomplished in accordance with Idaho Code ' 31-710.
___Motion Carried Unanimously
___Motion Carried/Split Vote Below
___Motion Defeated/Split Vote Below
Yes No Did Not Vote
________________________ ____ ____ _____
Larry Rose, Chairman
________________________ ____ ____ _____
Connie Cruser, Commissioner
________________________ ____ ____ _____
Arlie Shaw, Commissioner
ATTEST:
_________________________________
Deputy Clerk
Date: April 23, 2007
EXHIBIT “1”
NOTICE OF HEARING/MEETING
Before the
Board of Elmore County Commissioners
Notice is hereby given that the Elmore County Board of Commissioners will
conduct a public hearing, which will occur on May 10, 2007 at 7:00 p.m, at the
Elmore County Commissioners’ Meeting Room, located in the Elmore County
Courthouse, Mountain Home, Idaho for the following:
Conduct a public hearing regarding: Testimony from duly recognized local and
state officials to determine and declare such pests (mosquitoes) as public
health and welfare pests, and to initiate activities to hinder in the potential
spread of disease, or adverse economic impact, caused by these pests by taking
appropriate steps to intervene in the natural biological cycle of the pests or
disease; Creating an interim abatement district; Consider and sign a resolution
declaring a disaster, creating a county-wide interim abatement district, and
authorizing a direct appropriation from county funds for the purpose of
controlling mosquitoes. For more information, contact the Board of County
Commissioners at (208) 587-2140, ext. 270.
Assistance is available for persons with disabilities. Please call at least 72
hours prior to the hearing so that arrangements can be made.
BOARD OF ELMORE COUNTY COMMISSIONERS
Marsa Grimmett, Clerk
3 Publications: April 25, 2007, May 2, 2007, May 9, 2007
Motion by Rose, second by Shaw, to approve the resolution as read.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Chairman Rose read portions of a Memorandum of Agreement between Elmore County
and the City of Mountain Home into the record. The Memorandum reflects a request
made by the Juvenile Probation Department for the use of City of Mountain Home
property to develop a community garden under its community service program, with
the permission of the Mayor of Mountain Home, and the City of Mountain Home
Parks and Recreation Division. The City of Mountain Home will allow Elmore
County Juvenile Probation’s Community Service Program to utilize a plot of land
located at the beginning of the new walking path just off North 3rd Street for a
community garden project. Motion by Rose to approve the Memorandum of Agreement
between Elmore County and the City of Mountain Home for the community garden,
second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Correspondence was reviewed.
Motion by Rose, second by Cruser to adjourn.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
