COMMISSIONERS MINUTES                                September 17, 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 and Commissioner Connie Cruser. Also present was Civil Attorney Richard Roats and Deputy Clerk Barbara Steele. Commissioner Arlie Shaw and Clerk Marsa Grimmett were absent as they are attending the annual Idaho Associations of Counties Conference in Moscow, Idaho.

Motion by Rose, second by Cruser to go into Executive Session pursuant to I.C. 67-2345(b). Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

Regular session resumed and no action was taken as result of the Executive Session.

Prosecutor Schindele was present and gave the Commissioners information on Involuntary Mental Commitments. Also the Intermountain Hospital Contract was briefly discussed. The Area of City Impact was also discussed. Prosecutor Schindele stated that the matter should be sent to the Planning and Zoning Commission and they will hold a public hearing. Upon conclusion of their public hearing they will send their recommendation to the Board of County Commissioners who can adopt the Area of Impact, with or without a public hearing, or change the area of impact and hold another public hearing. The Commissioners stated they would like to meet with the Planning and Zoning Commission at one of their regular meetings to discuss procedures.

Civil Attorney Richard Roats reported on the Snake River Rubbish contract, that he had emailed the new proposed contracts to the Crane Brothers. A letter to Desert Sage, Glenns Ferry Health Center, was discussed regarding the easement across their property to the Jail property. Richard will email the letter to Deputy Clerk Steele to put on Commissioners letterhead and once signed he stated it should be recorded. The changing of street names was discussed, an ordinance will be created to correct all the previous street name changes along with future name changes with a public hearing being held. A letter to Lombard-Conrad regarding the most recent change order has been drafted regarding the sewer line problem at the new Jail, referring them to the City of Mountain Home for payment. The request from Mr. Fry on an indigent payment will be taken care of in the afternoon. The Hawks Landing Road issue was discussed and it was decided between Attorney Roats and Prosecutor Schindele to implement proceedings to revoke the Conditional Use Permit. Fat City Fireworks does not have a Conditional Use Permit. Richard is investigating a potential ordinance prohibiting possession of fireworks in the un-incorporated areas of Elmore County. The Intermountain Contract and Involuntary Mental Commitments and trying to streamline the process was discussed. Attorney Roats would like to see only a half a day charged if the patient is only at the facility for a few hours. The Glenns Ferry PD Contract was briefly discussed in reference to a code enforcer. Attorney Roats reported that the County has no authority over the Veterans Organizations in the County. Attorney Roats sent a letter to the Glenns Ferry Highway District regarding the lease on equipment and personal property tax due. He has not received a reply. Chairman Rose phoned the Glenns Ferry Highway District and was told that the bank had approved a 5 year lease and bank agreed to pay the personal property tax on the equipment.

General discussion on Commissioner’s activities followed. Commissioner Cruser stated she had attended a Block Grant Workshop meeting with Deputy Laytreda Schultz and stated there are various grants available. Commissioner Cruser was referred to Sage Resources, who she called, and the County can start applying next year for the various grants.

Terry Ratliff, Elmore County Contract Public Defender, appeared before the Commissioners with a corrected Public Defender Contract. General discussion followed on the work load of the Public Defenders Office. The contract will be reviewed and placed on the October 9, 2007 agenda.

Commissioner Cruser phoned the Jail to speak to Jail Capt. McCallum. A report from the bookkeeper regarding the annual housing report needs explanation. Capt. McCallum will come over later in the day.

Motion by Rose, second by Cruser to approve the minutes of September 10, 2007.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

Motion to recess for lunch by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT 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 Cruser. Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

The following decisions were made:

K-08-07-01 Motion to approve by Rose, second by Cruser, with a reimbursement order of $150.00 per month.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

K-04-07-05 Motion by Rose, second by Cruser, to approve with a reimbursement order of $50.00 per month, with 50% of federal and state income tax returns and an annual review of the case.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

Regular session resumed.

K-03-04-03 Motion by Rose, second by Cruser, to accept a $5,000 cash payment and to partially release the statutory lien with a promissory note signed by Mr. Fry for the remaining balance being paid in $50.00 payments per month with a provision if Mr. Fry defaults on the promissory note the lien will be re-filed.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

Chairman Rose read a Proclamation into the record:
Proclamation
A Day to Eat Dinner with your Children

WHEREAS the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children;

WHEREAS 12 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs;

WHEREAS teenagers who eat dinner with their families two times a week or less are twice as likely to drink alcohol and smoke cigarettes, compared to teens who have frequent family dinners;

WHEREAS teenagers who eat dinner with their families are half as likely to smoke cigarettes, smoke marijuana and drink alcohol;

WHEREAS the correlation between family dinners and reduced risk for teen substance abuse are well documented;

WHEREAS parental engagement is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers;

WHEREAS family dinners have long constituted a substantial pillar of family life in America:

Now, therefore, Elmore County, does hereby proclaim the fourth Monday in September (September 24, 2007) as:
Family Day – A Day to Eat Dinner With Your ChildrenTM

and urge all citizens to recognize and participate in its observance.

ELMORE COUNTY COMMISSIONERS
/s/ Larry E. Rose, Chairman, /s/ Connie Cruser, Commissioner, /s/ Arlie Shaw, Commissioner



Motion by Rose, second by Cruser, to accept and sign a Proclamation stating September 24, 2007 is Family Day “A Day to Eat dinner with your children”.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

The appeal from Jay P. Clark/Developer on Prairie Sun Subdivision was set for October 15, 2007 at 4:00 p.m.

The appeal from Rolling Stone Inc/Reyes Lopez, Jr. on Night Sky View Subdivision was scheduled for October 22, 2007 at 4:00 p.m.

Jail Captain Lynn McCallum appeared before the Board and explained the income from the New Jail Facility from the various inmates being held there. The Commissioners had received one housing report and Captain McCallum brought a complete report with him to present to the Commissioners. The Jail fence (shock fence) is still being worked on with the Department of Corrections. The purchase of vehicles for the new Jail was discussed and Captain McCallum is still looking. The possibility of having to purchase a new van was discussed. Captain McCallum also reported that the Dept of Corrections bill for May and June of $5.00 per day per inmate, has not been paid to the County, but the County did received a check for July, 2007, in the amount of $11,000.00. Captain McCallum stated we probably won’t be paid for May and June. Discussion followed on the total amount we are receiving for out of county inmates. Chairman Rose asked what accounting system is being used at the Jail and Captain McCallum stated Quickbooks. Chairman Rose and Commissioner Cruser asked if it would be possible to have Bob Stephenson from Stephenson Computers visit the jail to help with and/or review accounting procedures. The legal research program to be used by inmates was discussed. The Commissioners stated they did not want the inmates to have internet access. The company that was going to provide the internet service has been calling Captain McCallum, he will redirect the calls to Chief Deputy Schilz. Discussion followed on the current staffing at the new Jail.

Bonnie Sharp, Growth and Development Director, appeared before the Board to have Chairman Rose sign the FEMA flood re-certification.

Deputy Clerk Steele told Ms. Sharp what was discussed earlier in the day regarding the Area of City Impact and that the Planning and Zoning Commission must hold a public hearing. Also not to refer Growth and Development customers to the Commissioners as it is a conflict of interest if their issue is appealed to the Commissioners. Dates were discussed as the Commissioners would like to attend one of the Planning and Zoning Commission meetings. Ms. Sharp will check her schedule and get back to the Board.

Motion by Rose, second by Cruser to sign the Community Rating System Annual Re-Certification.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

Ms. Sharp also asked the Commissioners if they would be attending the City Council meeting this evening as the City will be discussing imposing impact fees to County residents in the area of city impact. Commissioner Cruser stated she would attend along with Ms. Sharp. Chairman Rose stated he would not be attending the meeting because it was not noticed up. Chairman Rose and Deputy Clerk Steele were unaware of the meeting.

Motion by Rose, second by Cruser, to sign the letter to Lombard-Conrad Architects, P.A. to deny change order #15 in the amount of $1,221.00 for costs to investigate sewerline back-up at the new jail.
ROSE - AYE
CRUSER - AYE
SHAW - ABSENT Motion carried and so ordered.

At 3:30 p.m. Billy Richey, State Special Assistant for Military Affairs, Greg Seibert, Business Development Specialist with the State of Idaho, Gloria Mabbutt, Rural Development Manager with the Idaho Department of Commerce and Gary D. Kuwabara, Office of the Secretary of Defense, Project Manager, appeared before the Board with a presentation on a Comprehensive Joint Land Use Compatibility Study.

Mr. Kuwabara gave an overview of the Study to include Mountain Home AFB, and all the associated ranges which would be Saylor Creek, Juniper Butte, Duck Valley, and the Orchard Training Range along with the associated military operation areas and air routes between the ranges. Gowen Field, which is an Air National Guard Facility, is also being included in the study.

The State of Idaho, Department of Commerce, will be the Grantee on the Grant application but because of the complexity of the subject matter they will be hiring a professional consultant firm. The project was approved and the by the end of this week the grant will be awarded to the State, with the State hiring the consultant firm.

Mr. Kuwabara stated he wanted to touch base with all the entities. He stated that by the end of this calendar year a consultant should be on board. Public hearings will be held. Increasing awareness to all of the stake holders of how land use planning occurs is important. Plus, bringing a strong economic growth in the community while at the same time sustaining the mission and operations of the facility (the Air Base), and balancing the two. The Air Base is important to this area and after 5 five rounds of closure we can’t afford not to do a study. Mr. Kuwabara went into more detail on the study. The length of the study is approximately two years.

Commissioner Cruser asked what happens after the study is done. Mr. Kuwabara explained the study results can be implemented by the County, at this point the cost of doing that is unclear. Chairman Rose asked who receives the report. Mr. Kuwabara stated the jurisdictions that have land use controls, for example BLM would be one of the entities.

Chairman Rose stated he felt that Mr. Richey would agree that the cooperation between the County and the Air Base has been good regarding County encroachment, and that is why we have been passed up by the BRAC in the past.

Billy Richey stated he hoped we can continue to work together on planning land use. Mr. Richey stated Mountain Home Air Force Base is on the top of the list for the next generation aircraft.

Mr. Kuwabara stated setting limitations on growth is good for communities and will generate quality in the long run.

Ms. Sharp stated the County is in the process of adopting a new County Ordinance and how could the County get some input back on encroachment regarding the base. Mr. Kuwabara explained it would be a two year process for the study, possibly leaving that area in the new County Ordinance at the current zoning until the study is done. This would demonstrate good faith between both parties.

Mr. Kuwabara explained that one representative from the County such as an elected official, would be a member of the advisory council. The size of the council is limited to affected entities. Commissioner Cruser asked who we contact with questions. Mr. Kuwabara stated Ms. Mabbutt or himself.

The Commissioners thanked all the parties for the information provided.

At 4:00 p.m. the Commissioners held the public portion of the meeting. Sylvia Endsley and Zayle Endsley, appeared before the Board to discuss a indigent application. Social Services Director Marianne Bate appeared and explained the situation. The application was not accepted by the County as it was not filed in a timely matter. The indigent program was explained to the Endsley’s.

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

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