COMMISSIONERS MINUTES                                 December 17, 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 hearing were Chairman Larry Rose, Commissioner Connie Cruser and Arlie Shaw. Also present was Deputy Clerk Barbara Steele.

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

Motion by Rose, second by Shaw to continue the hearing on K-07-05-02 scheduled at 2:00 p.m. to January 28, 2007 at 2:00 p.m.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

Chairman Rose read the tax cancellations into the record: No 916-US Bancorp Equip Financial Group $2,208.68 and No. 917 - Tonette Robinson $87.36. Motion by Rose, second by Cruser, to approve the tax cancellations in the amount of $2,296.04.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to approve the minutes for December 10, 2007.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Stephanie Kazyaka from the Christmas Party Committee appeared before the Commissioners to discuss the Christmas Party invoice from the American Legion. The Commissioners instructed Stephanie to pay the invoice as submitted.

Chairman Rose read the following Resolution into the record:

RESOLUTION NO. 400-07

AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 17th DAY OF DECEMBER 2007, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED; TO WIT;

WHEREAS, the Legislature in 1988 enacted the Emergency Communications Act (hereinafter Act) as Title 31, Chapter 48 of the Idaho Code; and

WHEREAS, the Act establishes a method for financing the initiation, maintenance, and enhancement of a consolidated emergency communications system; and

WHEREAS, on November 5, 1996, at a general election, the voters of Elmore County approved a telephone line user fee to fund and finance the maintenance and operation of a 911 emergency communications system as provided for in the Act; and

WHEREAS, the telephone user fee having been set pursuant to said election as up to one dollar ($1.00) per month, per line; and

WHEREAS, the telephone user fee is currently being assessed and collected in Elmore County at the rate of one dollar ($1.00) per month, per line, and

WHEREAS, in 1997, the Board of County Commissioners desired to obtain direct input from user agencies on telephone line user fee fund issues as well as unresolved 911 emergency communication system issues and user agencies desired to provide that input; and

WHEREAS, in January 1998, the Elmore County Board of County Commissioners established by resolution the Elmore County Emergency Communications Board ( ECECB); and

WHEREAS, in March 2004, the Elmore County Board of County Commissioners adopted Resolution No. 327-04, which renamed the ECECB to the Elmore County Public Safety Communications Board (ECPSCB) and changed the appointment and requirements for service on the ECPSB to provide for more representation and input from members of Elmore County; and

WHEREAS, it is now the wish of the Elmore County Board of County Commissioners to change the appointment and requirements for service on the ECPSCB to provide for more representation and input from certain unrepresented or underrepresented Elmore County constituents; and

WHEREAS, the said ECPSCB shall have the responsibility for the selection and prioritization of expenditures to be made from telephone user fee funds subject to veto by the Elmore County Board of County Commissioners.

NOW THEREFORE, BE IT ENACTED THAT the Elmore County Board of County Commissioners hereby authorizes a nine-member ECPSCB, comprised as follows:

ONE, an appointee from Mountain Home AFB or “his/her designated alternate,” who shall be appointed by the Mission Support Group Commander; and

ONE, the Elmore County Sheriff or his/her appointee from his/her department; and

ONE, the Police Chief of Mountain Home or his/her appointee from his/her department; and

ONE, a resident of Mountain Home not employed by a governmental agency appointed by the Mayor of Mountain Home; and

ONE, a resident of rural Mountain Home appointed by the Elmore County Commissioners; and

ONE, a resident of Glenns Ferry appointed by the Mayor of Glenns Ferry; and

ONE, a resident of Elmore County whose residence lies north of the east west line drawn through Lockman Butte and west of the north south line drawn through House Mountain (Mayfield, Oasis, Tipanuk and Prairie) appointed by the Elmore County Commissioners; and

ONE, a resident of Elmore County whose residence lies north of the east west line drawn through Lockman Butte and east of the north south line drawn through House Mountain (Atlanta, Pine/ Featherville and Camas) appointed by the Elmore County Commissioners; and

ONE, a resident of Elmore County whose residence lies south of the east west line drawn along Beet Dump Road not to include Glenns Ferry (Hammett Area) appointed by the Elmore County Commissioners; and

ONE, a resident of rural Glenns Ferry or King Hill appointed by the Elmore County Commissioners.

Each Board Member may have an appointed alternate that may vote in the absence of the Board Member.

MEETINGS AND MILEAGE

WHEREAS, the member(s) appointed to the positions who are not employed by a government agency shall be entitled to reimbursement for mileage at the rate established by the Elmore County Board of County Commissioners by resolution; and

WHEREAS, the members appointed to the positions who are not employed by a government agency shall be paid an amount set by the ECPSCB per meeting with approval by the Elmore County Board of County Commissioners; and
TERMS AND OFFICERS

WHEREAS, appointments for the non-government board members are for three (3) year terms with a maximum of two (2) consecutive terms; however, in the event that no one volunteers to be appointed to fill any vacancy, the appointment may continue for subsequent terms; and

WHEREAS, the ECPSCB shall elect one of its own to serve as Chairman, Vice-Chairman, Secretary and Treasurer (Secretary and Treasurer may be the same person);

WHEREAS, the Secretary shall be charged with keeping minutes of the meetings of the ECPSCB, and the Treasurer shall have responsibility for keeping track of the revenues and expenses of the ECPSCB; and

NON-VOTING MEMBER

WHEREAS, the first line supervisor of dispatch operations in the County shall be a non-voting Administrator who shall report to the ECPSCB. It shall be the duty of the administrator to make recommendations to the ECPSCB regarding dispatch equipment, training, programs, and other items of interest; and

WHEREAS, it shall be the duty of ECPSCB to make recommendations to the Elmore County Commissioners regarding the equipment and other funds needed to satisfy the County’s responsibility to provide communication capability for emergency services, including dispatch operations; and

WHEREAS, the ECPSCB shall implement a plan for initiating, maintaining, and installing an enhanced 911 system for all of Elmore County.

APPROVED AND ADOPTED this 17th day of December 2007.

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

Motion by Rose, second by Shaw, to approve Resolution Number 400-07 as read.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The Commissioners discussed the interim moratorium on lot splits. Prosecutor Schindele was called and asked to come to the meeting to discuss the moratorium.

Deputy Laytreda Schultz appeared before the Board asking for a letter of support to help Ada County apply for a grant to assist in replacing docks. The Board instructed Deputy Clerk Steele to prepare the letter.

Robbie Robinson, Realtor, appeared to discuss a project (Planned Community) he is working on. Mark Pecheninno, who prepared the County’s Planned Communities (PC) Ordinance, might be hired by Mr. Robinson’s client and discussion followed if that would be a conflict.

Commissioners general discussion followed. Commissioner Cruser stated she gave Jail Commander McCallum permission to make arrangements to get a wheel chair for the Jail.

Prosecutor Schindele joined the meeting.

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.

No action was taken as result of Executive Session.

Motion by Rose, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(d) to meet with Social Services Director Marianne Bate.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The following decisions were made:

K-03-03-05 Motion by Cruser, second by Shaw, to deny the request to subordinate the lien.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-11-07-02 Motion by Cruser, second by Shaw, to deny as not indigent, application incomplete, no interview, the County has not received a release for information, and unable to determine residency.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

NM-12-07-02 Motion by Shaw, second by Rose, to approve the request for cremation with a promissory note in the amount of $25.00 per month.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-08-07-04. Present at the hearing were the three Commissioners, Social Service Director Marianne Bate, Prosecutor Schindele and Deputy Clerk Steele. Ms. Bate gave a brief overview of the case.

Motion by Shaw, second by Cruser, to issue a final denial on K-08-07-04 as the case was not a medical emergency, and lack of information to determine if the applicant is a resident and/or indigent.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The public portion of the meeting was held.

Bonnie Sharp, Growth and Development Director and Mark Pechennino from Pechennino and Associates, appeared before the Board to discuss an application that has been filed for a Planned Community by Mr. Pechennino who is representing a developer. Prosecutor Schindele stated Mr. Pechennino cannot speak to the Board about the project as he is representing the developer at this time as the Commissioners hear appeals on these issues. Ms. Sharp questioned where should the funds go that Mr. Pechennino submitted for the Planned Community application as they could possibly be refunded. Prosecutor Schindele stated a trust line item needs to be created and Treasurer Rose Plympton needs to be involved along with Clerk Grimmett.

Mr. Pechennino stated he wanted to talk to the Commissioners about mapping. Mr. Pechennino stated the new employee in the Growth and Development Department, Bob Knight, has experience in GIS mapping, and the County has been contracting out for GIS mapping. Mr. Pechennino generated a land use map based on the sketch he had received from Duane Priest, who the County contracts with. Mr. Pechennino stated there is no sharing of maps between the County departments and that the E-911 department does not want to share their data because it is old. Chairman Rose asked if we had to review the mapping issue again, this is the third week in a row this issue has come up. Chairman Rose stated Eddie Goldsmith, State E-911 Coordinator, estimated completion of the mapping in 7 weeks and at that time can be shared. Ms. Sharp stated she told Mr. Pechennino that the mapping information would be coming. Ms. Sharp also stated she has proposed multi-million dollar projects coming to her department and it is burdensome not to have maps. Prosecutor Schindele asked what it would take to get this issue taken care of. Chairman Rose stated in approximately 7 weeks the E-911 mapping would be done.

Mr. Pechennino brought up the PC (Planned Community), PUD (Planned Unit Development), and PUDD (Planned Unit Development District) stated the process of reviewing the PC’s PUD’s and PUDD’s should be able to be handled by the staff in the Growth and Development Department. Then the next step would be the County hiring a consultant. Mr. Pecheninno wanted to know if the County was going to offer him that position, however he has contracted with two developers for two separate projects. Mr. Pechennino asked if he could be a consultant on the projects he would not be involved in. Mr. Pechennino stated there is no one in the State that is qualified as a consultant. Prosecutor Schindele stated that it would be a conflict for Mr. Pecheninno to be a consultant to the County as he has already taken clients who are developing these PC’s, PUD’s and PUDD’s. Mr. Pechennino stated he would not take any more work if he was going to be consulting for the County as he was under the impression he could take work and be our consultant with a clause in his contract with developers. Mr. Pechennino didn’t take any work until our Ordinances were done and he stated he has received numerous phone calls as he is the Idaho PC expert. Prosecutor Schindele stated there is already a conflict because Mr. Pechennino has taken contracts. Mr. Pechennino stated he had a map of all the proposed PC, PUD and PUDD and Prosecutor Schindele stated the Commissioners cannot see the map. The Area of Impact was discussed. The City has adopted an Ordinance outlining the Area of City Impact. Discussion followed that the proper procedure might not have been followed between the City and County and there were no negotiations between the two. Commissioner Shaw stated at two separate meetings between the City and County the boundaries were agreed upon. Prosecutor Schindele will research the matter and get back to the Commissioners.

Prosecutor Schindele stated the resolution on the Moratorium regarding lot splits would be corrected and put on another agenda at a later date.

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