COMMISSIONERS MINUTES                                 November 26, 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, Civil Attorney Richard Roats, and Prosecutor, Kristina Schindele.

The session began with the continuation of the public hearing on the proposed Planned Communities (PC), Planned Unit Developments (PUD), Planned Unit Development District (PUDD), an Ordinance to allow for development of PC’s, PUD’s, and PUDD’s and proposed text changes to the April 7, 2004 Comprehensive Plan, Chapter 5, Land Use.

Commissioner Cruser asked about the total gross area to be dedicated to open space. Right now it is a minimum of 10%. Mark Pechinnino, consultant, was present and stated the developer could have larger parcels including hillsides which people normally don’t take care of. Mr. Pechennino went on to explain the pros and cons.

Todd Lakey, 17 12th Avenue So, Suite 201, Nampa, Idaho, stated he had no new testimony but would take questions from the Commissioners. Commissioner Cruser asked about having a PUD outside the area of impact and what the difference was between a PUD and a big subdivision. Mr. Lakey stated the ordinance is a tool to set limits. Mr. Pecheninno stated the biggest difference between PC’s and PUD’s is that the PUD doesn’t require the economic analysis because they are close to, or inside the area of impact. The PUD’s have city services available and it discourages the smaller developments outside the area of impact in the County.

Mr. Lakey stated he would like the open space to be modified to read more of a percentage and Mr. Pechennino stated he felt the 10% was adequate.

Mary Frisch, 155 S. Pronghorn Drive, Boise, Idaho, appeared and commented on the open space and asked if it relates to natural resources and wildlife we are trying to preserve. Mr. Pechennino stated that is part of the open space plan and would be regulated by the wildlife mitigation report. Commissioner Shaw asked about wildlife corridors and do they reference the wildlife that has been in the area for the last 50 years along with the wildlife that have been there for the last 10 years. Commissioner Shaw stated wildlife is coming down closer to the Interstate from the hills for various reasons. Mr. Pechennino stated existing corridors and migration corridors are reviewed to include drought situations. Ms. Frisch questioned the strength of the language used in all the proposed ordinances such as: you will, you shall, we encourage, will try. Ms. Frisch asked when you use the word encourage how strong is that in the ordinance. Mr. Pechennino stated “you shall” means you have to, “encourage” means you probably won’t have 100% of what you are encouraging the developer to do. Ms. Frisch asked what the scale would be then, if you say encourage without putting limitations on issue, the developer would only have to put in a minimal effort. Mr. Pechennino stated the staff of the Growth and Development Department would be the enforcer. Ms. Frisch asked how much knowledge would the staff have on these issues and how would they know what would be best. Mr. Pechennino stated the County would have to hire an economist to do research on the issue.

The public hearing was closed for further comments. Discussion followed and the issue will be put on the agenda for December 3, 2007.

The Department Heads met with the Commissioners for their regular monthly meeting.

Monica Halliday, Juvenile Probation, came before the Board to report on current activities in the Department. She presented the Board with the annual report to the Department of Juvenile Corrections showing statistics for last year.

Motion to approve the addendum to the Elmore County Juvenile Probation Services Policy and Procedure Manual by Rose, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Bonnie Sharp, Growth and Development Director, reported to the Board that the County needs to adopt the 2006 International Building Code by January 1, 2008. The building permit fees were briefly discussed regarding the wind towers that are being constructed in Elmore County.

Wade Baumgardner, Veteran’s Service Officer, came before the Board and reported the latest activities in the department. Mr. Baumgardner reported the office has serviced 210 Veterans from August 2006 to the present. The Veterans outreach programs in Glenns Ferry was a success, they helped six Veterans in that area. Mr. Baumgardner is still working on scheduling an outreach program in the Pine/Featherville area.

Mir Seyedbagheri, Extension Agent, reported to the Board on the latest activities in the Extension Office. Mosquitoes were briefly discussed. The surveillance program and cost regarding the mosquito program was discussed.

The Certificates of Residency were read into the record by Chairman Rose: Ashley Nicole Carpenter, Desiree Ann Fabello, Daniel Wayne Alderman, Carrie W. Gruver, James Wesley Haws, Loran Kane Hendrics, Steven E. Nelson, Mary Ann Rodriguez, Erin E. Rouse, and Lori Laine Urfer.
Motion to approve the Certificates of Residency as read by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Sheriff Rick Layher, Chief Deputy Nick Schilz, Randy Blades, Warden of the Idaho Department of Corrections, and Rod Leonard, Department of Corrections/Prison Contract Monitor, appeared before the Board to discuss Elmore County Jail matters. Also present in the audience were Elmore County Employees Deputy Tom Robison, Jail Capt. Lynn McCallum and Prison officials, Shane Evans (Prison Treatment Programs), Sharon Lamb (Management Services), and Jeff Henry (Virtual Warden). Discussion followed on the price Elmore County is charging the Department of Corrections compared to other County Jails in the State. The medical charges were discussed in length along with classes and programs for County inmates.

Motion to recess for lunch by Rose, second by Shaw.
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-10-07-05 Motion by Shaw, second by Cruser, to approve with a reimbursement of $100.00 per month with no other procedures to be done without prior authorization. Motion amended by Shaw, second amended by Cruser, to include 50% of Federal and State income taxes for repayment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-07-06 Motion by Cruser, second by Rose, to deny as application is incomplete, no interview, unable to determine indigency or residency, and the applicant is not cooperating.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-05-07-12. Present at the hearing were the three Commissioners, Civil Attorney Richard Roats, Social Services Director Marianne Bate, and Deputy Clerk Barbara Steele. Motion by Cruser, second by Shaw, to continue the hearing of reconsideration to Tuesday, January 22, 2008 at 2:00 p.m.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Cruser, second by Shaw, to approve the minutes of November 19, 2007.
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 $95,625.30. Discussion followed.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Correspondence was reviewed.

Civil Attorney Richard Roats left the meeting. Prosecutor Schindele joined the meeting.

Walt Femling from Rocky Mountain was called and asked what his understanding was of the agreement between Idaho Department of Corrections (IDOC) and Elmore County for the housing of State inmates. Mr. Femling reviewed with the Board the negotiations he had with Pam at IDOC, and he stated that IDOC agreed to $40.00 a day plus $5.00 a day for medical.

The Elected Official held their regular monthly meeting.

Meal reimbursements for County employees were discussed. Assessor Gridley stated she had checked with Idaho Association of Counties and a few other Counties and the answer was mixed on meal reimbursements. Discussion followed and if a policy was set for meal reimbursements how would if affect each department.

Sheriff Layher addressed the Special Deputies account. Prosecutor Schindele stated a policy has not yet been written regarding the Special Deputies account by the Idaho Association of Counties or the Sheriff’s Association. Sheriff Layher stated he did not want the account in his office but wants the funds used for Special Deputies. The County’s Auditor will be contacted.

Commissioner Cruser stated she was still interested in hiring a part time Human Resource person. The payroll being changed to every two weeks was discussed. Assessor Gridley stated her staff is opposed. Assessor Gridley asked what the purpose of the change was. Commissioner Cruser stated she did not want the employees being paid for time they had not worked yet. Discussion followed with the Elected Officials and Assessor Gridley and Sheriff Layher were opposed to twice the work they will have regarding time cards. Giving a yearly notice to the employees, showing the benefits such as insurance and retirement that the County pays was discussed. Vacation time was discussed and how it accrues.

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 - AYE Motion carried and so ordered.

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

The building permit fees for the proposed wind farms were discussed. The applicants, Lee Anderson and John Steiner, were present. Prosecutor Schindele asked Bonnie Sharp, Growth and Development Director who was in the audience, to explain how the process works in her office. Ms. Sharp stated first the category is determined, the building inspector Mr. Adamson uses the International Building Code with the rates and percentages based on the valuation of the project and determines an amount due. Prosecutor Schindele asked once the fee is decided can the amount be appealed. Ms. Sharp stated yes. Prosecutor Schindele stated no information can be discussed by the applicants with the Commissioners as this issue could be appealed to the Commissioners at a later date. Prosecutor Schindele stated the Building Inspector should approach the Commissioners if he has a question on the fees for the project.

Motion by Rose, second by Shaw, to open as a Board of Equalization.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to close as the Board of Equalization.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to affirm the recommendation of the Planning and Zoning Commission and deny the application request to change the Zoning Designation by Jay Brown from Air Base Hazard Zone/Air Installation Compatibility Use Zone (AIC) to Agricultural A.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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