COMMISSIONERS MINUTES                                 October 22, 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.

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

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

Marty Jones, Central District Health, came before the Board to report on current activities. He reported there are several proposed subdivisions pending in his office. The Atlanta Gold project was discussed. The proposed man camps have all been located around the town Atlanta, the last one proposed was by the Yuba River. Nutrient Pathogen studies are still needed along with several other items. Commissioner Cruser asked if the project had been approved and Mr. Jones stated no. Idaho Waste Systems is moving along with the pyrolysis process involving old tires. The recycled tires are being used to make playground equipment. Commissioner Cruser asked about the Company with the metal shredder and Mr. Jones stated it is still under construction. Mr. Jones stated it will be a great facility once it is done. Commissioner Cruser asked about the reports that Mr. Jones submits on preliminary plats to the Growth and Development Department. Mr. Jones stated the developers have done none or little of the preliminary work on the proposed subdivision when they are first submitted to him. Mr. Jones stated the report he submits for the Planning and Zoning public hearings states the conditions can change due to the fact that it is a preliminary plat. When the final plat comes before him, then all the environmental reports and many other items must be complete before Mr. Jones will sign it. Chairman Rose stated the Commissioners are attempting to set up a meeting with all the entities involved who regulate drinking water. Discussion followed on Community Water Systems and Individual Wells. Requiring a Nutrient Pathogen Study for new Subdivisions was discussed.

Dan Collins, Plant Facilities Manager, came before the Board and asked if part of the road by the new jail could be widened. Two proposals were submitted to the Board for review. The damaged asphalt has been repaired by the previous contractor, but it has been found that the prison bus needs more paved area to maneuver around the jail.

Motion by Rose, second by Shaw, to award Gem State Paving the contract to widen a portion of the road at the jail.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Alan Baumgardner, Veteran’s Service Officer, came before the Board and reported on activities in his office. The Veterans Outreach Program will be this Thursday down in Glenns Ferry. Mr. Baumgardner also wants to get up to the Pine/Featherville area to see if Veterans needs assistance. He stated since August of last year the office has provided service to188 veterans or their spouses. On Veteran’s Day, November 11th, there will be a ceremony at the Mountain Home Cemetery and he invited the Commissioners to attend.

Bonnie Sharp, Growth and Development Director, came before the Board and reported that the public hearing for the Area of City Impact has been set for December 5th for the Planning and Zoning Commission. Ms. Sharp stated she would like to purchase a mapping program called Arc Map for her office. Other offices and mapping were discussed. Chairman Rose asked if more people would be needed in the department when the new Planner Bob Knight started using the program and Ms. Sharp stated no, she doesn’t anticipate needing anymore people by adding this program to her office. Mr. Knight could do the mapping 30 to 40% of the time. Ms. Sharp stated she would probably ask for a salary increase for Mr. Knight as time goes by.

Monica Holliday, Juvenile Probation, appeared and stated they filled the open position in their office. Ms. Holliday stated she would be spending the next couple of months training the new employee. They have 54 children on probation. They have 9 children in the diversion program now.

Mir Seyedbagheri, Extension Agent, gave his written report to the Board which they reviewed. Commissioner Shaw asked if it had been cold enough to get rid of the mosquitoes and Mir replied yes. Gypsy Moths, which are very dangerous, were discussed. They found one in an insect trap in Mountain Home and are monitoring the problem closely.

Jo Gridley, Assessor, reported that the vacancies in her office have been filled and the training is going well.

Rose Plympton, Treasurer, reported to the Board they have received the certified levies. Ms. Plympton requested from all the Elected Officials that when a new account is opened for any incoming funds, she would like to coordinate with the Elected Official on the new account.

Marsa Grimmett, Clerk, stated Court payments can be processed by credit cards now. The Court also has a new Baliff.

Nick Schilz, Chief Deputy Sheriff’s Office, reviewed with the Board a grant that is available through Homeland Security regarding emergency frequencies the Sheriff’s office uses. A frequency study prior to the approval of the grant is required. The concern is in the Mountain areas of Elmore County. The Grant will pay for all the radios, the upgrades to the repeaters, etc. The cost of the study is approximately $24,000. Deputy Schilz stated we would get well over $100,000 in equipment. The Commissioners told Deputy Schilz to move forward on the project. The exercise that was scheduled for the 26th of October was postponed. Commissioner Cruser asked about the fence a the new Jail, Deputy Schilz stated Capt. McCallum was working on it along with a transport van. The video visitation and video arraignment has been installed and is ready at the new Jail.


Motion by Rose, second by Shaw, to approve the minutes for October 9, 2007 and October 15, 2007. Discussion followed and a few changes were made to the October 9, 2007 minutes.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve the expenses in the amount of $159,440.14.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to sign the Assignment and Assumption of Voting System Agreement between the State of Idaho, Office of the Secretary of State, and Elmore County.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read Resolution No. 400-07 into the record:

RESOLUTION NO. 400-07

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 October 22, 2007 and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $200.00 from line item 138.338.00.099.00, PILT, be shifted to line item 156. 356.00.099.00 Fair.

2. That this resolution shall have effect as of September 28, 2007.

PASSED, at a regular meeting of the Elmore County Board of Commissioners in the County of Elmore, State of Idaho, held on the 22nd day of October, 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 Cruser, to approve Resolution No. 400-07. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to sign the Intermountain Facility Agreement between Elmore County and BHC Intermountain Hospital, Inc. d/b/a Intermountain Hospital.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to recess for lunch.
ROSE - AYE
SHAW - AYE
CRUSER - 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 Social Services Director Marianne Bate. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-09-07-02 Motion by Shaw, second by Cruser, to deny as incomplete, missing documentation, may not be last resource, and no medical treatment plan.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed and a small recess was taken.

The Board phoned Bonnie Sharp, Growth and Development Director, to come over to review the Letter of Information’s of the agenda.

Ms. Sharp appeared and the Board reviewed the Initial Point Development, LLC Letter of Information for a four lot split. Chairman Rose asked Ms. Sharp several questions regarding the application. The road was discussed regarding whether or not it would be paved and discussion followed. The road will not be paved but will meet the Highway District’s standards. Motion by Rose to approve the Initial Point Development LLC Letter of Information, four lot split, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The Board then reviewed the Letter of Information for Anita Fickle for a four lot split. Ms. Sharp gave a brief overview of the LOI. Motion by Shaw to accept the Letter of Information four lot split for Anita Fickle, with no additional conditions, second by Rose.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Discussion followed on the several appeals before the Board and the process the Planning and Zoning Commission goes through to make their decisions. The Commissioners asked Ms. Sharp if the Findings of Facts were created by her office or by Attorney Phil Miller and Ms. Sharp stated she did the Findings of Facts, and Attorney Phil Miller did review some of them. Conditional Use Permits were discussed and Chairman Rose stated other Counties don’t have them. They have areas zoned for specific uses with no exceptions. Ms. Sharp stated our County has very different areas and having Conditional Use Permits controls the individual projects.

A small recess was taken.

At 4:00 p.m. a Public Hearing was held to hear public comment on an appeal of a Planning and Zoning Commission decision to require a community water system for a Conditional Use Permit and Preliminary Plat for a 11 Lot Platted Subdivision to be known as Night Sky View Subdivision in an Agricultural B and Commercial Zone. Site is located in the Northwest Quarter of the Northwest Quarter of the Northeast Quarter less the North 200 feet and the Southwest Quarter of the Northwest Quarter of the Northeast Quarter, of Section 33, Township 3 South, Range 6 East, B.M., Elmore County. A more common means of locating this site is from Highway 51 (Bruneau Highway) and Airbase Road travel west on Airbase Road for 1 ½ miles. Turn left/south on SW Midnight Blue Way, property is located 200 feet from Airbase Road on the left/east side of the road. The appellant is Rolling Stone, Inc./Reyes Lopez, Jr.

The appellant, Reyes Lopez Jr., 1955 North Haskett, Mtn Home, Idaho, came forward and spoke to the Commissioners regarding the condition requiring a community water system on his proposed subdivision. Mr. Lopez stated the process of a community water system takes about 2 years and if he had been aware that the Planning and Zoning Commission was going to require a community water system he might have developed the property in another way. Chairman Rose asked how far it was from the Airport and Mr. Reyes stated is was a fair distance from the airport and from Airbase Road. Commissioner Cruser asked about the project being in the City’s area of impact. Mr. Lopez replied it is right on the edge and the City is not going to ask him to put in dry sewer lines. Ms. Sharp, Growth and Development Director stated the subdivision may not be in the Airport Hazard Zone. Mr. Lopez stated a community water system creates a burden on the developer. Commissioner Cruser asked if Mr. Reyes thought there was a place for Community water systems in big subdivisions and he answered yes, in certain cases. Three phased power is required to due a community water system, and then a second well might be required for fire protection. He has done community water systems and it causes home owners to complain that one neighbor might be using more water than another. Commissioner Shaw asked about the cost of a community water system. Mr. Lopez replied community water systems are actually cheaper than individual wells if you have the three phase power and the water rights. It takes a long time to get the water right from The Department of Water Resources.

There being no further testimony the hearing was closed.

Motion by Shaw to overturn the Planning and Zoning Commissions decision to require a community water system for Night Sky View Subdivision, developer Reyes Lopez, Rolling Stone Inc., second by Cruser. Discussion followed. Chairman Rose stated the Board needed to meet with the Planning and Zoning Commission to discuss the requirement of the community water systems.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The Commissioners briefly discussed the roof on the Exhibition Building on the Fair Grounds. They instructed Deputy Clerk Steele to give Attorney Roats the information for him to prepare a Request for Proposal.

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

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