COMMISSIONERS MINUTES                                 May 14, 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 the Clerk, Marsa Grimmett, and Civil Attorney Richard Roats.

General discussion followed among the Board members. The Board would like Russ Moorhead from Lombard-Conrad Architects to meet with them next week to go over the final modifications on the jail.

Commissioner Cruser reported she met with Joe Twitchell, Bureau of Land Management (BLM) and Forest Service. The State Department of Lands needs a letter signed by Chairman Rose stating Joe Twitchell is representing the County. Mr. Twitchell will bring in the letter. Discussion followed on the project up in the hills regarding fire awareness.

Chairman Rose discussed his budget meeting with Central District Health.

Terry Ratliff, Attorney, came before the Board to discuss the Public Defender Contract. He reviewed with the Commissioners his current case load. The Public Defender Contract expires at the end of fiscal year 2007. The Commissioners asked Mr. Ratliff how much of an increase he would be asking for and he said a minimal increase. Mr. Ratliff stated he would be fine using the current contract for the framework of a new contract for another two years. Mr. Ratliff will get a new contract to the Clerk by Friday.

The Board discussed finishing up the final paperwork to set up the interim emergency abatement district with Civil Attorney Roats.

Motion to approve the minutes for May 7, 2007 by Rose, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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

Motion by Rose to approve the payroll for the month of April, 2007 in the amount of $336,237.36, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose to approve the expenses in the amount of $366,868.59, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Mir Seyedbagheri, Extension Office Agent, Nick Schilz, Disaster Services Director, and Mary Egusquiza appeared to discuss the proposed interim emergency abatement district. Lab work was discussed and Mr. Seyebagheri reported problems getting results back. Mr. Schilz talked about implementation of the abatement district and how are we going to fund the set up process. The Pest portion of the budget was discussed and Mr. Seyedbagheri stated there was not enough in the Pest Budget to implement the start up process. Funds will have to be taken from another part of the budget.

The Board asked Deputy Schilz to make arrangements for him or Sheriff Layher to meet with the City of Glenns Ferry regarding the Glenns Ferry Police Department Contract. The Board also discussed with Deputy Schilz options for security at the Elmore County Fair.

Certificates of Residency were read into the record by Chairman Rose: Daniel W. Alderman, Chastity M. Allen, Rachel C. Anchustegui, Ryan E. Arellano, Bradley J. Bowlden, Ashley M. Hitesman, Benjamin Juarez, Anya M. J. King-Gunning, Jeffrey Mehiel, Jacob S. Miller, Kyle Z. Moore, Lauren R. Morris, Lisa N. Ness, Lorraine Nicolosi, Matthew W. Presnell, Francis O. Raddatz, Jan Salisbury, Yazmin Soto, Sarah M. Taylor, Alicia A. Thomas, Adolfo E. Valle, and Erika K. Wolfgang. Motion by Rose to approve the Certificates of Residency as read, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Jo Gridley came before the Board to review the application for cancellation of taxes, hardship or special, for George J. Izzo, Jr.

Motion to convene as a Board of Equalization by Rose, second by Shaw. Roll call vote taken.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Motion to deny the application for cancellation of taxes, hardship or special, of George J. Izzo Jr. based on his income by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion to approve the Circuit Breaker Applications as presented by the Assessor’s office by Rose, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose to recess as the Board of Equalization and reconvene as a Board of Commissioners, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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

Motion by Rose to go into executive session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate, second by Shaw. Roll call vote taken.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

K-03-07-06 Motion by Rose to deny as not last resource, no interview, missing documentation and the applicant can self pay over a five year period, second by Shaw.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

K-04-07-02 Motion by Rose to deny as incomplete, no interview, failure to appear when subpoena was issued, second by Shaw.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Regular session resumed, Civil Prosecutor Roats talked to the Board about items he is working on.

The Board then went back into executive session.

K-07-06-03 Motion by Rose, second by Shaw, to sign a 120 day stipulation to continue the hearing.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

A hearing was held on K-01-07-06. Present at the hearing were Chairman Rose, Commissioners Connie Cruser and Arlie Shaw, Civil Prosecutor Richard Roats, Social Services Director Marianne Bate, Clerk Marsa Grimmett, the applicant and his interpreter, Marcela Pedroza. Marianne Bate gave an overview of the case. Discussion followed, questions were asked and answered.

Motion to approve Case No. K-01-07-06 with a payback agreement of $100 per month, review the case in January 2008 and collect half of future income tax returns, by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Sue Gross, Albert Clement, Debra Shoemaker, and Nancy Marshall came before the Board to request that the County allot the same amount of funds in the 2008 budget that they did in last year’s budget for the Mountain Home Visitor’s Center. The group handed the Commissioners a small packet of information that they briefly reviewed about the Visitor’s Center.

The Board signed the letter addressed to First American Title regarding the utility easement on the jail property as they were the closing agent and issued the title policy on the property. The Glenns Ferry Health Center is asserting that the easement did not transfer at the time of the sale and the County is asking if First American Title Company will provide coverage for the anticipated litigation.

Motion by Rose, to send the letter to First American Title Company, second by Shaw.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Resolution No. 392-07 was read into the record by Chairman Rose:

RESOLUTION NO. 392-07

RESOLUTION DECLARING A PUBLIC HEALTH AND WELFARE DISASTER OR EMERGENCY AND CREATING A COUNTY-WIDE INTERIM ABATEMENT DISTRICT, AND RESERVING THE RIGHT TO DIRECT APPROPRIATIONS FROM COUNTY FUNDS FOR THE PURPOSE OF CONTROLLING MOSQUITOES OR OTHER PESTS

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 County Commissioners the 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 § 46-1011 allows the Chairman of the County Commissioners to declare a local disaster emergency and that the declaration shall be filed with the local County
Recorder and "given prompt and general publicity.... "; and

WHEREAS, Idaho Code § 46-1011 allows the extension of a declaration of a local disaster emergency beyond seven days with the consent of the governing board; and

WHEREAS, Idaho Code § 46-1002(3) provides, in part, that a "disaster" includes "the imminent threat of widespread or severe damage or loss of property resulting from any natural or man-made cause," and
WHEREAS, according to Idaho Code § 46-1002(3), the "imminent threat of widespread...[illness] or loss of life in Elmore County as a result of a West Nile Virus infestation constitutes a disaster"; and

WHEREAS, Idaho Code § 46-1002(4) provides that an "emergency" includes the "imminent threat of a disaster or condition threatening life or property...."; and

WHEREAS, Idaho Code § 39-2812(1) provides that "...the Board of County Commissioners of each County of this State, in collaboration with duly recognized local and State Officials, and after a public hearing is called for such purpose...is hereby granted full power and authority to declare such pests 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"; and

WHEREAS, Idaho Code § 39-2812(2) provides that "Boards of County Commissioners are further authorized and empowered, in the event of a disaster or emergency declared by such boards, to make direct appropriations for the purpose of controlling public health and welfare pests as declared...."; and

WHEREAS, Idaho Code § 39-2812(3) provides that "[t]he disaster or emergency declaration of a pest of public health and welfare significance within a county and subsequent pest management activity shall, except as provided herein, place the whole county into an interim abatement district for administrative purposes for no more than two (2) years...."; and

WHEREAS, Elmore County's confirmed 2006 West Nile Virus cases exceeded acceptable limits establishing an emergency in Elmore County; and

WHEREAS, on May 10, 2007, the Board of County Commissioners (Board) conducted a public healing on whether to create a county-wide Interim Abatement District; and

WHEREAS, the comments and information received at the herein public hearing convincingly demonstrated that under current conditions, disaster is imminent and threatens widespread illness and potential loss of life of persons in Elmore County.

NOWTHEREFORE, THEBOARD HEREBY RESOLVED, the Board finds good cause and deems it appropriate to order and declare that a local West Nile Virus disaster emergency exists in Elmore County and hereby consents to said declaration and orders and ratifies the same; and

IT IS FURTHER RESOLVED BY THE BOARD that in accordance with Idaho Code
§ 39-2812(3) and said declaration of emergency, the Board establishes a county-wide Interim
Abatement District, for a period of not more than two (2) years; and

IT IS FURTHER RESOLVED BY THE BOARD that the Board shall reserve the authority to direct appropriation of County funds, when necessary, for the control of mosquitoes carrying the West Nile Virus with said funds to be placed in a County Public Health and Welfare Pest Fund; and

IT IS FURTHER RESOLVED BY THE BOARD that this resolution shall be effective this 14th day of May, 2007.

___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:
_________________________________
Marsa Grimmett, Clerk
Date: May 14, 2007.

Motion to adopt and sign Resolution No. 392-07 by Rose, second by Shaw. Roll call vote taken.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Jim Carrie came before the Board asking who has the authority to grant permission to build streets for subdivisions. The Commissioners replied the Highway Districts. Mr. Carrie also asked why the County couldn’t enact a law that elections for all entities, Highway Districts, the Hospital District, School Districts, etc., be held on the same day so the same officials for those districts don’t keep getting elected. Chairman Rose replied that four times a year per Idaho Code elections can be held. The Commissioners asked Civil Attorney Roats to check into that scenario.

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

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