COMMISSIONERS MINUTES                                 July 16, 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 Commissioners Connie Cruser and Arlie Shaw. Also present were the Clerk, Marsa Grimmett, and Civil Attorney Richard Roats. Chairman Larry Rose was present and then left due to illness.

Motion to approve the minutes of July 2, 2007 by Shaw, second by Cruser. Discussion followed and three corrections were made.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the Board of Equalization minutes of July 3, 2007, July 5, 2007, and July 6, 2007 by Cruser, second by Shaw. Discussion followed and one correction was made to July 3, 2007.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

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

The Certificates of Residency were read into the record by Commissioner Cruser: Savanah Stuart, Joseph Lewis Poseley, William J. Menhart, Jr., Patricia Hernandez, Emily Kate Johns, Cheryl W. Leclair, Alyson Christina Lugo, Montsemat Guadarrama, Julie Lynn Fink, Emily Michelle Cook, Amanda B. Burgess, and Jaime Guerrero. Motion to approve the Certificates of Residency by Cruser, second by Shaw.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve Change Order #8 from Lombard-Conrad Architects, Inc. for the new Jail by Cruser, second by Shaw.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Commissioner Cruser stated a request to withdraw an appeal was received from Boise Highland Development Company, LLC, regarding a Planning and Zoning Commission decision to deny individual wells for Sterling Sage Subdivison. The withdrawl was accepted by the Board.

Motion to approve the Liquor Catering Permit from Mark Anthony’s Purveyors of Fine Cigars, permit to be used at the Elmore County Fairgrounds on July 25th, 27th and 28th, 2007 by Cruser, second by Shaw.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the request of Mountain Home School District #193 for an extension to file their L-2 to the 17th of September, 2007 by Shaw, second by Cruser.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Discussion followed on a letter received from First American Title regarding the easement to the new jail. The letter reads:

July 6, 2007

Mr. Larry Rose, Chairman
Elmore County Board of Commissioners
150 South 4th East, Suite #3
Mountain Home, Idaho 83647

Re: Policy No. J1598745 Our File No. 07-45

Dear Mr. Rose,

I have reviewed the documentation provided with Barbara Steele’s letter of June 20, 2007. It appears that there is no pending action or other matter for your title policy, which is a policy of indemnity, to come into play.

First American stands ready, willing, and able to defend your rights as insured under the policy. At this stage, there is simply nothing to defend against other than the ongoing argument with the Glenns Ferry Health Center’s attorneys. If this matter escalates, please promptly bring it to my attention.

Very truly yours, Phil E. De Angeli, Idaho State Counsel

Civil Attorney Roats will send a letter back to First American Title stating we will be pursing the issue which could end in court proceedings.

Bonnie Sharp, Growth and Development Director and Noe Garza, Elmore County Code Enforcer appeared before Board. Discussion followed on a complaint from the Tipanuk area regarding a Conditional Use Permit for a trucking company. Both Mr. Garza and Ms. Sharp stated Mr. Tait, who they both spoke to and owns the trucking company/gravel pit, stated he didn’t want to deal with the County and felt he was being harassed. Mr. Tait stated he would not meet with the County and would not allow any body on his property. Mr. Tait also stated the County has no jurisdiction over his operation. The original complaint is regarding dust abatement in the residential area in Tipanuk. The matter will be further pursued by Code Enforcer Garza.
Motion to approve the proposed Solid Waste Ordinance as to form and content by Shaw, second by Cruser.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

A Public Hearing was set for August 13, 2007 at 4:00 p.m. for the proposed Solid Waste Ordinance.

General discussion followed on current activities.

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

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

K-06-07-01 Motion by Cruser, second by Shaw to deny as not indigent, no interview or documentation, and incomplete.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-06-07-07 Motion by Shaw, second by Cruser to deny as not filed in time, not obligated County, obligated County is Canyon County. Discussion followed.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-06-07-08 Motion by Cruser, second by Shaw to deny as not indigent, has discretionary income to pay the bill over a five year period.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-06-07-14 Motion by Shaw, second by Cruser to deny as application incomplete, no interview or documentation, and unable to make a determination.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

A brief recess was taken and regular session was resumed.

The Commissioners called Chas Ariss from Centra Consulting to inquire on the status of a letter from the Department of Environmental Quality. Civil Attorney Roats asked about the public notice for the site application and publishing the notice for the Counties landfills. Mr. Ariss stated the County would do the publishing. Civil Attorney Roats stated he would get in touch later with Mr. Ariss and have him email a copy of a public notice.

Mark Pecchenino from Pecchenino & Associates, Jay Clark from JP Clark Law Office, Greg Holtz and Don Gillispie from IEC, appeared and spoke to the Board about what impact the nuclear power plant they are proposing for Owyhee County will have on Elmore County. Mr. Pecchenino stated there are sites in Elmore County that are also being reviewed for the power plant if they cannot locate in Owyhee County.

The Public Hearing for Oasis Rural Fire Protection District began at 4:05 p.m. Commissioner Cruser read the public hearing notice into the record:

NOTICE IS HEREBY GIVEN, that the Board of Elmore County Commissioners will hold a public hearing on July 16, 2007 at the hour of 4:00 p.m. in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

The public hearing is being held to hear public input regarding a fire protection district (Oasis Rural Fire Protection District) that is being proposed to be organized within the following boundaries: Township 1 South, Range 5 East, All of Sections 20, 21, 22, 23, 26, 27, 28, 29, 33, 34 and 35, and that portion of Sections 19, 30, 31, and 32 that lie on the North and East side of Desert Wind Road (Old Highway 30). Township 2 South, Range 5 East, All of Sections 1, 2, 3 and 11 and that portion of Sections 4 and 5 that lie on the North and East side of Desert Wind Road (Old Highway 30). Township 1 South, Range 4 East, that portion of Sections 24 that lies on the North and East side of Desert Wind Road (Old Highway 30).

Any taxpayer within the proposed boundaries of such proposed district may on the date fixed above, appear and offer testimony pertaining to the organization of such district, the proposed boundaries thereof or the including or excluding of any real property therein or therefrom. After the hearing and considering all testimony, if any such be interposed, the County Commissioners shall thereupon make an order thereon either denying such petition or granting the same, with or without modification, and shall accordingly fix the boundaries of such proposed district in any order granting such petition.

Written testimony will be accepted prior to or at the hearing from any taxpayer within the proposed boundaries of such proposed district. Please submit written testimony to the Elmore County Commissioners, 150 South 4th East, Mountain Home, Idaho, 83647.

The Elmore County Clerk is responsible for ensuring compliance with the American Disabilities Act of 1993. Provisions will be made for persons with disabilities who are unable to attend this hearing. A grievance procedure is available from M. Bate, Elmore County Courthouse, in accordance with ADA regulations.

R. Monte MacConnell, 19345 N. Del Norte Place, spoke first. Mr. McConnell stated he was the President of the Sole’s Rest Creek Homeowner’s Association. He stated the Association discussed the issue and the majority of the homeowners supported the district.

Rita Brown, 21246 Ditto Creek Rd, asked if the tax for fire district could be a flat fee. Civil Counsel Richard Roats stated that levies are governed by the State of Idaho and cannot be changed by the County Commissioners. Ms. Brown stated she would like the tax distribution to be fair.

Mary Therese MacConnell, 19345 N. Del Norte, stated she was a member of the Committee that researched the fire danger problem and the majority of property owners agreed upon a Fire District. She gave a rough estimate of what property taxes would be if the District was passed. For a $500,000 house with a homeowner’s exemption it would be approximately $45.00 per month into the escrow portion of the home payment.

Jolene Hobdey, 10844 W. Hobdey Lane, spoke to the Commissioners in support of the fire district.

Bob Ruth, 19550 N. Del Norte Place, stated he was there if anyone had any questions on the formation of the fire district and was in favor of the proposed district.

The public hearing was closed.

Motion to hold an election for the creation of Oasis Fire Protection District by Shaw, second by Cruser.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Larry Lasuen came before the Board to ask again why the property value was not reduced on the property that he came before the Board of Equalization with on June 5th. Mr. Lasuen stated his next step would be to appeal to the State. River front and river view property was discussed.

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

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