COMMISSIONERS MINUTES                                 November 19, 2007

The Commissioners met in regular session on the above date in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the meeting were Chairman Larry Rose, and Commissioners Arlie Shaw and Connie Cruser. Also present at the meeting were Clerk Marsa Grimmett and Civil Attorney Richard Roats.

Lori Kane, 1402 NE Beaman, Mountain Home, appeared before the Board regarding a situation in the neighborhood where she lives, a neighbor has put in a beauty salon in her home. The Commissioners stated they would like to have Bonnie Sharp, Growth and Development Director and Noe Garza, Code Enforcer, appear with Ms. Kane also. Ms. Sharp and Mr. Garza were phoned and asked to come to the meeting.

Motion by Rose, second by Shaw to approve the minutes of November 13, 2007. Discussion followed on pending items.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The Commissioners discussed the billing at the jail. The Board asked Clerk Grimmett to schedule a time with Bob Stephenson, from Stephenson Computers, to visit the Jail to review the billing system.

Motion by Rose, second by Shaw to approve the ambulance bill from Nitz Pine Store.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Ms. Sharp and Mr. Garza appeared before the Board along with Lori Kane. Ms. Kane re-stated her concern regarding a neighbor and wastewater from a beauty salon inside the neighbor’s home. The neighbor is still in the process of applying for a Conditional Use Permit. Ms. Kane is filing a civil case against the neighbor. Ms. Kane stated she spoke to the Electrical Inspector, Mr. Manning, and was told it is not good form to operate without having the final electrical inspection done. Ms. Kane’s major concern was groundwater contamination from wastewater. Discussion followed and Ms. Sharp stated she told the neighbor that she did not have to shut down her business while the Conditional Use Permit (CUP) process was under way. Ms. Sharp stated she had no reason to believe the CUP would not be approved. Mr. Garza told the business owner to cease running her business as of last Friday. Commissioner Shaw asked about the septic system and wastewater and was told by Ms. Sharp that Marty Jones from Central District Health has signed off on the permit. Ms. Kane stated she contacted the State and it should not have been signed off. Ms. Kane also stated she has had problems with the well agreement she has with the neighbor. Ms. Sharp stated that was a legal issue between neighbors. Commissioner Shaw asked Civil Attorney Roats if there was anything the County was doing wrong at this point. Attorney Roats replied he was troubled regarding a business being allowed to operate until the CUP process is done. Ms. Sharp stated the business is already in operation and she allows businesses to remain open during the CUP process. Mr. Garza is asking what the procedure should be on all new businesses with these circumstances. Attorney Roats stated a business should not be allowed to be open until the CUP process is finished.

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

Regular session resumed.

Motion to sign the Qwest Communications Services Inc. Change Order #208166 in the amount of $4,713.13 as recommended by the E-911 Board, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Cruser to uphold the decision of the Planning and Zoning Commission to deny the zoning change request of Jay Brown, second by Shaw. The motion and second were withdrawn pending discussion with Prosecuting Attorney Schindele.

Commissioners general discussion followed. The request for proposal for the Fair Ground Exhibition Building roof was reviewed. The request should be advertised per Attorney Roats. The Commissioners asked Clerk Grimmett to get a color copier in her office for courthouse use. The proposed Area of City Impact was discussed.

Motion by Shaw, second by Cruser, to approve and sign the subpoenas for case no. K-07-05-02.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Sheriff Layher appeared before the Board and reported he purchased a new vehicle for his department. Discussion followed on how many vehicles will be needed for the Sheriffs Office this year, and possible dealers to purchase the vehicles from.

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

The following decisions were made:

NM-11-07-04 Motion by Rose, second by Shaw, to deny as not indigent per Idaho Code and household income is sufficient to pay the bill.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-10-07-03 Motion by Shaw, second by Cruser, to deny as not indigent, not timely for an emergency, not a resident as applicant is here for seasonal labor, and application is incomplete.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

Chairman Rose read the tax cancellations into the record: No. 909 - Jose Rodriguez in the amount of $129.10 and No. 910 - Kim Guy or Lee Ann Whitney in the amount of $65.04 for a total of $194.14. Motion by Rose, second by Cruser to approve the tax cancellations as read.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Jo Gridley, Assessor, appeared to discuss the contract the County has with Duane Priest for mapping. The Board also reviewed with Assessor Gridley two tax cancellation requests for mold issues on two different houses.

Motion by Rose, second by Cruser, to approve the agreement between Elmore County and Geographic Mapping Consultants for professional mapping services.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

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 - AYE Motion carried and so ordered.

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

The Memorandum of Understanding for Mental Health Services was briefly discussed. Attorney Roats is trying to contact the parties involved. The Memorandum will be put on the November 26, 2007 agenda.

Adam Crane, Snake River Rubbish, appeared before the board to discuss the Elmore County Trash Hauling Contract and the Glenns Ferry Sanitary Landfill Operations Contract. Mr. Crane stated his brother Alan Crane was not present as he was digging the new trench at the Glenns Ferry Landfill. Discussion followed and Commissioner Shaw reviewed the costs in the new contracts.

Motion to sign the Elmore County Trash Hauling Contract between Elmore County and Snake River Rubbish by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to sign the Glenns Ferry Sanitary Landfill Operations Contract between Elmore County and Snake River Rubbish by Rose, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the tax cancellation No. 896 for Craig and Laurie Miller in the amount of $471.54 for mold issues by Rose, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the Findings of Fact on the Night Sky View Subdivision by Rose, second by Shaw. Chairman Rose stated upon review of the Commission’s findings as well as the evidence and verbal/written testimony presented at the Commission’s public hearing and the Board’s public hearing, the Board hereby affirms the Commission’s findings of fact. The County will uphold, with modification, the Commission’s findings based on the following: a. The Commission’s Staff Report stated the subdivision meets the nine (9) elements, factors and considerations for the Condition Use Permit, and the file does not include any testimony or evidence concerning the need for a community well. Therefore the record does not support the condition that the Applicant installs a community well.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Bonnie Sharp, Growth and Development Director and Noe Garza, Code Enforcer, came before the Board to review an office procedure to be implemented. From this point on, anyone in the County needing a conditional use permit for any reason will not be allowed to operate until the conditional use permit is approved. Chairman Rose also stated the Board would like more information on Planning and Zoning decisions for appeal purposes.

Jo Gridley, Assessor, came before the Board to review a Homeowner’s Exemption issue.

Bobbie Law came before the Board. Bonnie Sharp, Growth and Development Director, also appeared. Ms. Law was there to discuss the business she is running out of her home which is a beauty salon. Ms. Law was told she could not continue to operate her business until her conditional use permit was heard and approved by the Planning and Zoning Commission. Ms. Law explained her current situation and her problem with her neighbor, Lori Kane, who appeared earlier in the day regarding this issue. Publishing a public hearing notice was reviewed with Prosecuting Attorney Schindele who joined the meeting at the request of the Board. Prosecutor Schindele stated the code reads at least fifteen days prior to the hearing the notice must be published. You cannot count the first day of publication when counting the fifteen day deadline. Chairman Rose briefly reviewed the situation with Prosecutor Schindele. Prosecutor Schindele stated Ms. Law needed to stop conducting business until a conditional use permit is approved.

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

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