COMMISSIONERS MINUTES                                 September 24, 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 Arlie Shaw. Commissioner Connie Cruser was absent. Also present was Clerk Marsa Grimmett and Civil Attorney Richard Roats.

Commissioner Shaw reported on his attendance at the Idaho Association of Counties Annual Conference he attended last week in Moscow. He stated drug testing for employees can only be done for pre-employment or for the Sheriffs Department. Impact fees are still unclear as to what the County can do. A National Association of Counties (NACO) representative was there and discussed PILT and Secure Rural Schools Money and were very optimistic on getting a bill passed regarding those funds. Commissioner Shaw also reported that Woody Biomass in the forests is getting a lot of attention.

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
SHAW - AYE
CRUSER - ABSENT Motion carried and so ordered.

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

Marty Jones, Central District Health, appeared and community water systems were discussed. Chairman Rose asked about the requirement from the Department of Environmental Quality (DEQ) regarding curbs, gutters and sidewalks and how that requirement affects a public drinking water system. Mr. Jones explained his understanding of what Ms. Sharp sent to him was the improvements that result around the installation of the public drinking water system. Ms. Sharp asked about the financial surety required up front by DEQ on the curbs, gutters and sidewalks. Mr. Jones stated it was part of DEQ’s review process. Mr. Jones suggested having someone from DEQ appear before the Board to answer these questions. Commissioner Shaw stated he spoke to John Westra from the Idaho Department of Water Resources and Mr. Westra stated that 13,000 gallons can be used per day with a domestic well. Mr. Shaw stated if you take 13000 gallons divided by a 24 hour period, that would be a little more than 9 gallons a minute. Mr. Westra stated for a community well, per unit basis, 9 gallons can be used for inside use and 9 gallons for outside use. That would be twice the usage per unit for a community well vs. a domestic well. Mr. Jones stated that is the first definitive answer he has heard that is defendable from the Department of Water Resources. Mr. Jones stated Central District Health (CDH) can’t require Community water systems although CDH prefers them for quality issues. If the issue is water quality the developer can do a level one Nutrient Pathogen Study to justify the reasoning for not doing a community water system. That is an avenue that has been set up for CDH to use to evaluate the impact on ground water quality. The expense was questioned. Mr. Jones stated the cost could be approximately $3000 to $10,000 depending on the engineer and what resources are used.

Mr. Jones also reported on tire shredding at the Idaho Waste Systems site. Idaho Waste has the shredder set up and they can landfill the shredded tires. Also a portion of the tires are recycled.
Mr. Jones reported the process was very interesting.

Wade Baumgardner, Veteran’s Service Officer, appeared and gave his monthly report. He stated advertising was an important factor in the awareness of this program to Veterans. Mr. Baumgardner stated at a recent convention he had attended, he had been approached by other County Service Officers from other areas regarding the success in Elmore County. On October 25, 2007, Mr. Baumgardner will do another outreach in Glenns Ferry.

Bonnie Sharp, Growth and Development Director, stated a meeting had been scheduled for November 7, at 6:00 p.m. for the Commissioners to meet with the Planning and Zoning Commission. Ms. Sharp stated that starting this Wednesday, the Planning and Zoning Commission members will meet to discuss the information gathered at all the town hall meetings regarding the new proposed Planning and Zoning Ordinance. Once it is finished the Planning and Zoning Commission will have a public hearing and then the Ordinance will be presented to the Commissioners.

Monica Halliday, Juvenile Probation, appeared before the Board. Ms. Halliday stated she had submitted detention contracts for the Commissioners signatures. Attorney Roats stated he reviewed the contracts and they looked standard. Chairman Rose asked if the contracts were needed right away. The contracts will be put on the agenda for October 9th when Commissioner Cruser will return. Ms. Halliday also stated they have been receiving applications for the job opening in their office. Judge Epis will attend the interviews of the applicants.

Dan Collins, Plant Facilities Manager, came before the Board and reported his department is re-roofing the Juvenile Building.

Mir Seyedbagheri, Extension Agent, appeared before the Board and reported on how well the mosquito abatement went this year with the measures that were taken. Mir also reported on other activities in his office, for example he is working with the City of Glenns Ferry and an architect to improve their downtown area.

Teri Lasuen came before the Board representing the Treasurer’s Office and reported their office had slowed down since the June tax collection.

Jo Gridley, Assessor, came before the Board and asked about new U.S. Ecology buildings and how should she assess the solid waste portion. Discussion followed on how much they use the landfill. The Western Elmore County Recreation District was also discussed. The District has gone to a levy instead of a flat fee. Ms. Gridley, representing the Employee Committee, presented the vehicle policy that the Employee Committee would like added to the Personnel Policy. Chairman Rose stated he would like to meet with the Elected Officials before any changes were made to the Personnel Policy. The sick time hours were discussed for 7, 8 and 10 hour a day workers. No decisions have been made on sick time accrual. Employee drug testing was discussed. Ms. Gridley asked if one of the Commissioners could attend an Employee Committee meeting to discuss the sick time hours.

A brief recess was taken.

Motion by Rose, second by Shaw, to approve the minutes for September 14, 2007 and September 17, 2007.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve the expenses. Discussion followed. The Board phoned Dan Collins, Plant Facilities Manager, and discussed one of the bills submitted for seal coating the Jail parking lot. The bill from Ormond Builders will be held pending further investigation.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve a tax cancellation for Southwest Idaho Co-op in the amount of $17,710.64.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

A letter to Leslyn Phelps, Chief Executive Officer, Glenns Ferry Health Center, Inc., P. O. Box 266, Glenns Ferry, Idaho 83623 was read into the record by Chairman Rose:

September 24, 2007

RE: Glenns Ferry Health Center Easement

The Elmore County Prosecuting Attorney’s Office has reviewed Elmore County’s purchase of real property on May 1, 2002, from Ron C. Leydet, as described in the Warranty Deed and Legal Description, attached hereto. The Warranty Deed and Legal Description also includes a definition of the twenty (20) foot utility easement that Elmore County acquired; said Warranty Deed and Legal Description was recorded on November 13, 1985.

In prior communications, Glenns Ferry Health Center, Inc. has asserted that the easement did not transfer at the time of sale and it has attempted to renegotiate the size and use of the easement.

Upon receiving advice from legal counsel, the Board has determined that Glenns Ferry Health Center, Inc.’s assertion is not supported by law. Elmore County has a valid and enforceable easement and asserts all of its rights to the full easement, as granted, and will not renegotiate or waive any rights thereto.

Very Truly Yours,
Larry E. Rose, Chairman
Signature Notarized

The document once signed and notarized will be recorded with attachments in the Recorder’s Office, Elmore County, Idaho.

Motion by Rose, second by Shaw, to sign, record and send the above referenced letter.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Correspondence was reviewed.

Resolution read into the record:

RESOLUTION NO. 399-07

A RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.

WHEREAS, The Board of Commissioners of Elmore County have the authority and duty under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6 of the Idaho Code to provide funding operations of the Government of Elmore County for expenditure of those funds; and

WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting on September 24, 2007, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $180,000.00 from line item 138.338.00.099.00, PILT, be shifted to line item 191.391.00.099.00 Solid Waste.

2. That this resolution shall have effect immediately upon its passage.

PASSED, at a regular meeting of the Elmore County Board of Commissioners in the County of Elmore, State of Idaho, held on the 24th day of September, 2007, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.

ELMORE COUNTY COMMISSIONERS
/S/ LARRY E. ROSE, Chairman
/S/ CONNIE M. CRUSER, Commissioner
/S/ ARLIE SHAW, Commissioner
ATTEST: /S/ MARSA GRIMMETT, Clerk




Motion by Rose, second by Shaw, to approve Resolution No. 399-07. Roll call vote taken.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

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

At 1:30 p.m. the Commissioners met with Social Services Director Marianne Bate. Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C. 67-2345(d). Roll call vote was taken.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

K-09-07-03 Motion by Rose, second by Shaw, to deny as Elmore County is not the last resource and the applicant has insurance.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

K-08-07-03 Motion by Shaw, second by Rose, to deny as the applicant failed to appear at the scheduled interview appointment to determine indigency and incomplete information.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-06-07-07. Present at the hearing were Chairman Rose, Commissioner Shaw, Civil Attorney Roats, Social Services Director Marianne Bate and Deputy Clerk Steele. The applicant was present and Chairman Rose swore the applicant in. Ms. Bate gave an overview of the case. Questions were asked and answered by the applicant. The hearing was closed. Motion by Shaw, second by Rose, to make a final denial on case K-06-07-07 as the applicant is not a resident of Elmore County.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-05-07-12. Present at the hearing were Chairman Rose, Commissioner Shaw, Civil Attorney Roats, Social Services Director Marianne Bate and Deputy Clerk Steele. The applicant was also present. Chairman Rose swore in the applicant. Ms. Bate gave an overview of the case. The applicant has insurance through his wife’s work. Ms. Bate is recommending a 60 day continuance so that the applicant can provide the Insurance Company the information to process the claim. The hearing was closed. Motion by Rose, second by Shaw, to continue the hearing on case K-05-07-12 for 60 days so the applicant can fill out the insurance paperwork and return it to Ms. Bate by Friday, September 28, 2007.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-10-06-05. Present were Chairman Rose, Commissioner Shaw, Civil Attorney Roats, Social Services Director Marianne Bate, and Deputy Clerk Steele. Ms. Bate reviewed the case for those present. The applicant was not present nor any representatives from the hospital. Discussion followed and per Idaho Code 31-3502(12) “A resident does not include a person who comes into the state for temporary purposes, including, but not limited to education, vacation, or seasonal labor.” The hearing was closed. Motion by Shaw, second by Rose, to deny case K-10-06-05 as the applicant is not a resident of Elmore County.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-01-07-09. Present were Chairman Rose, Commissioner Shaw, Civil Attorney Roats, Social Services Director Marianne Bate, and Deputy Clerk Steele. Also present was a representative from St. Alphonsus Regional Medical Center, Ronda Walters. Ms. Bate gave a brief overview of the case. Ms. Walters, financial specialist for St. Alphonsus Cancer Care Center, spoke regarding the case and about the items that were required. The hearing was closed.

Motion by Shaw, second by Rose, to approve with a promissory note signed in the amount of $200 per month and 50% of income tax returns on case K-01-07-09.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

John Kieffer, Elmore Soil and Water Conservation District Office, appeared before the Board during the public portion of the meeting. Mr. Kieffer stated that Mr. Joe Twitchell wants to disband the Elmore Soil and Water Conservation District office as he feels that Mr. Kieffer cannot run the office efficiently. Last April or May, Mr. Kieffer stated he was approached by the Natural Resource Conservation District Office to supply secretarial aid to the Federal Government. Mr. Kieffer spoke to Kent Foster and offered the secretarial service for $19.50 per hour. The first bill Mr. Kieffer submitted to the Conservation Commission was for $650 but was told before it would be paid the $19.50 per hour has to be broke down to show exactly where the money is going. Mr. Kieffer stopped providing the secretarial work. Mr. Kieffer said Mr. Twitchell stated he would come before the Commissioners asking them not to support the District anymore. Chairman Rose asked when this happened and Mr. Kieffer stated this morning, and the Secretary was very upset. Discussion followed on a solution to the matter.

Jo Gridley, Assessor, appeared to discuss a question she received on equipment being leased by a bank to a taxing district. That equipment is not exempt from personal property tax. Discussion followed and this is the Glenns Ferry Highway District lease talked about at the last meeting. Attorney Roats stated there is no provision to allow for a dismissal of the taxes.

Motion by Rose, second by Shaw, to pay bill for $1,621.00 to Ormond Builders and send an invoice to the City of Mountain Home for $1,221.00 for scoping the sewer line at the new Jail.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

Chairman Rose read the Certificates of Residency into the record: Anna Barbara Severe, Tandice Chaelee Peterman, Emily Marie Moranda, Rachel May Malone, and Jacob Cole Hiler. Motion by Shaw, second by Rose, to approve the Certificates of Residency as read.
ROSE - AYE
CRUSER - ABSENT
SHAW - AYE Motion carried and so ordered.

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

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