COMMISSIONERS
MINUTES
August 13, 2007
The Commissioners met in regular session on the above date in the Commissioner’s
Room in the 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 was Deputy Clerk Barbara Steele and Civil Attorney
Richard Roats.
Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C.
67-2345(b). Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
Layne Dodson from Idaho Power appeared to discuss with the Commissioners the new
transmission projects in the County. The new natural gas combustion turbine at
the Danskin substation was discussed. Mr. Dodson reported two power plants will
be connected, Bennett Mountain Substation and the Danskin Substation. A new line
will be built to the Mora Substation from the Danskin Substation. Range fires
were discussed and the lost transmission stations in Southern Idaho. Wildlife
management areas are being managed by Idaho Power now down in the CJ Strike
area, working in conjunction with the Fish and Game. The Commissioners thanked
Mr. Dodson for coming.
Mir Seyedbagheri, Extension Agent, appeared before the Board to report on West
Nile Virus in the County. One case of West Nile Virus was confirmed recently in
Elmore County but no details were available. Mr. Seyedbagheri also informed the
Board that the Pest budget has been expended. Mr. Seyedbagheri also asked about
spraying mosquitoes within the City limit and should the County have an
agreement with the City to spray. The Commissioners stated areas in the City
should be taken care of. A resolution will be prepared to transfer funds from
PILT to the Pest budget for the additional expense in mosquito abatement. The
Emergency Services Building was discussed. A letter was sent to the architect,
Mr. Knopp, on building deficiencies and Mr. Knopp had recently replied. Mr.
Seyedbagheri gave the Commissioners a letter of his response to Mr. Knopp’s
letter, which the Commissioners reviewed. Discussion followed on the different
phases of construction on the project. The Emergency Services Building file was
reviewed. Civil Attorney Roats reviewed the issue with Mr. Seyedbagheri and will
investigate further.
Motion by Shaw, second by Rose, 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 pursuant to I.C.
67-2345(d) on a motion by Rose, second by Shaw, to meet with Marianne Bate,
Social Services Director. Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
K-07-07-01 Motion by Cruser, second by Shaw, to deny as not indigent, not last
resource, incomplete application, unable to locate applicant, and third party
application with no release.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
K-04-07-05 Motion by Rose, second by Cruser, to set a hearing on the case.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
K-05-07-05 Motion by Shaw, second by Rose, to deny as applicant is Medicaid
eligible as of May 1, 2007 and Elmore County is not the last resource.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed.
The Glenns Ferry Health Center easement to the Jail property from American
Legion was discussed. Civil Attorney Roats stated he was advised to leave the
issue as is, and to use the easement later if we need to. A letter will be
drafted to the Glenns Ferry Health Center stating if we need to use our easement
we will.
Bonnie Sharp, Growth and Development Department, appeared before the
Commissioners regarding the Sunrider Ranch Subdivision Conditional Use Permit
conditions. The Plat was not approved by the Commissioners and discussion
followed on the conditions of the conditional use permit. The applicant, Ann
Atkins, was phoned and Chairman Rose explained to her that she needed to take
the issue back to the Planning and Zoning Commission for a decision from them,
either to have individual wells or a community water system. Motion by Rose, to
deny approval of the final plat on the Sunrider Ranch Subdivision as there needs
to be either individual wells or a community water system and that the County is
not the enforcer of Covenants, Conditions and Restrictions attached to
Subdivisions, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw to go into Executive Session pursuant to I.C.
67-2345(b). Roll call vote was taken. Commissioner Rose was absent from the
Executive Session.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Shaw, second by Cruser to uphold a personnel action with one
modification.
ROSE - ABSENT
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
At 4:20 p.m. a public hearing was held on a proposed Ordinance of Elmore County,
Idaho, providing for a Solid Waste Disposal System throughout the County of
Elmore; Defining terms, making it compulsory to use Elmore County Solid Waste
Disposal System; Providing that it shall be unlawful to allow garbage, refuse
and rubbish to accumulate in such a manner as to create a public nuisance;
providing for use of approved containers for storage of garbage, refuse and
rubbish until picked up or transported to Elmore County Sanitary Landfill site;
providing for service fees; Providing method of collection of service fees;
establishing a solid waste fund; Providing that Board of County Commissioners
for Elmore County shall have sole authority to contract for services pertaining
to a solid waste disposal system, excluding certain materials from collection;
Establishing miscellaneous rules and regulations; providing for inspection;
providing a penalty for violation of provisions of this Ordinance; providing
that Elmore County Commissioners may bring action to obtain an injunction to
enforce the provisions of this Ordinance; and providing for an effective date.
Doug Belt, 1690 Castle Way, Mountain Home, Idaho, appeared before the board and
asked if this ordinance would supercede any other ordinance the County currently
has. The Commissioners answered yes. In Section 9, Page 4, materials not
accepted: The following materials shall not be disposed of at a collection
site/waste transfer station, but shall be taken to one of the Elmore County
sanitary landfills sites: Numbers 4. Highly inflammable and explosive material;
5. Hazardous or caustic waste; 7. Raw sewage, sludge, septic tank pumpings, or
human or animal excrement; 8. Infectious or contagious waste; and 10. Pesticides
and other unexpended pesticide containers. Mr. Belt felt that needed to be
changed as our current landfills do not take these items.
In Section 12, Page 5, Mr. Belt asked who “the operator” is at the end of the
sentence, and Civil Attorney Roats stated that was the operator of the
landfills. Mr. Belt also referenced a typographical error on Page 5, Section 15,
the word orf should be or.
James F. Eaton, 7485 West 36th South, Mountain Home, just wanted clarification
of the ordinance. He has metal containers and his son takes them to the dump for
them. Mr. Eaton is stating he does not want a service hauling his garbage to the
landfill. Chairman Rose stated that is not the intent, the ordinance does not
state you have to have a garbage hauling service. Chairman Rose stated this
proposed Ordinance will protect the citizens from illegal dumping.
Joe Eaton, James Eaton’s son and Miriam Eaton, James Eaton’s wife, stated they
had the same concerns as James Eaton and did not wish to speak.
Kathryn Walker had the same question as the Mr. Eaton as she was also concerned
with the hauling of the garbage.
Charles Olson spoke stating he didn’t want to have to pay for a garbage service.
He also suggested recycling for the County.
The public hearing was closed.
The Ordinance will be corrected with the changes that Mr. Belt suggested and
will be put on the next agenda, August 20, 2007, for adoption.
Commissioner Cruser phoned Chief Deputy Nick Schilz with a few questions. A
voucher for internet access to a law library by inmates was discussed. Using a
CD Rom program was also discussed and seemed to be more favorable to the
Commissioners. A voucher for office supplies was also discussed.
Motion by Rose, second by Shaw, to approve the expenses with the exception of
one voucher for $1,600.00 for a law library accessed through the internet for
inmates at the jail.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the payroll for July 2007.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to accept for the record only the Recorder’s
Office Report and the Treasurer’s Office Report.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Certificates of Residency were read into the record by Chairman Rose: Gloria
Werner, Stephen Loyd Spealman, Ana Laura Dominguez, Shelly Renee Dodge, Tracy
Renee Clement, Sabrina Raquel Adamson. Motion by Rose, second by Shaw, to
approve the Certificates of Residency as read.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve the liquor license transfer from
Las Fuentes to Los Primos.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Carrie Vogt from Northwest Paramedics was phoned regarding an ambulance
complaint from Marathon Cheese Corporation. Ms. Vogt stated she would phone
back. Richard Albright, one of the paramedics who responded to the ambulance
call referenced in the complaint, phoned and Chairman Rose read a letter from
Marathon Cheese signed by Jay Phillips, Plant Manager. Mr. Albright responded
stating his log did not completely match the letter. He stated the dispatch time
of the call was 6:27 a.m., which does match the letter. The enroute time was not
listed. Their arrival time was 6:36 a.m.. He stated they were led by employees
to the patient who was at the middle of the building. The paramedics did a rapid
assessment of the patient and prepared the patient for transfer. At 6:55 a.m.
they were enroute to Elmore Medical Center with the patient. The letter states
the ambulance did not arrive at Marathon Cheese until 6:55 a.m. The
Commissioners suggested to Mr. Albright that he phone Shirley Rist, as it was
stated in the letter she had phoned NW Paramedics and had received no answer
back.
Motion by Rose, second by Shaw, to adjourn.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
