COMMISSIONERS MINUTES                                 JANUARY 22, 2008

The Elmore County 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 Arlie Shaw, Commissioners Connie Cruser and Larry Rose. Also present was Clerk Marsa Grimmett.

General discussion on current activities followed. Commissioner Cruser reported on the LEPC meeting that was held at the Jail on the 15th of the month. The State Highway Board will be installing two reader boards, one on Highway 20 and one west bound on I-84 at exit 90, along with a stop light at the junction of Air Base Road and Bruneau Highway. There will also be construction on American Legion Boulevard which might not be finished by Air Force Appreciation day. On June 7th there will be a 100 year celebration for the fire department. On July 18th the County will host the District III meeting, Commissioner Cruser suggested it be held at the new Jail. Commissioner Cruser also reported that there is an EMS task Force working on a draft to abolish the Ambulance Districts and replace with an Emergency Medical Service District and create a Board to oversee the new District. The Board would consist of a Commissioner, the Fire Chief and someone from Emergency Services. Chairman Shaw stated the item is not on the legislative agenda for this year. Commissioner Cruser reported she would be working with the hospital on the Joint Study for EMS Services. Discussion followed on the Joint Study. Landfill issues were briefly discussed.

Joe Twitchell, representing Southwest Idaho RC&D, gave the Commissioners a written report on his recent trip to the Western RC&D Association Annual Conference in New Mexico.

Motion to approve the minutes of January 14, 2008 by Cruser, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to appoint Commissioner Connie Cruser to the Central District Health Board representing Elmore County.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion to approve the Certificate of Residency for Tawni Renee Downen by Cruser, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

A brief discussion followed on changing the County’s payroll from monthly to bi-weekly. Further discussion will follow at the next Elected Officials meeting scheduled for January 28, 2008.

Chairman Shaw stated he wanted to review several items, the ambulance, the impact area and impact fees, and property clean up in the County and/or in the Area of City Impact. The City wants the County to collect the impact fees for the City in the Area of City Impact. Whether or not the County can collect fees for the City was discussed. Commissioner Cruser stated the County needs to work on collecting fees for the County first. Chairman Shaw stated it could get confusing mixing the City and the Area of Impact as rules and regulations are different between the City and County, for instance Subdivisions. Dan Chadwick from the Idaho Association of Counties was phoned to ask questions on impact fees. Mr. Chadwick said the law states you can impose impact fees for development, but is it cost effective. He is not aware of many Counties that are imposing impact fees. It is a complex, costly and cumbersome statute to deal with. Commissioner Cruser asked about the Area of City Impact. Mr. Chadwick stated Counties don’t have to do anything for the City within the Area of Impact unless the County and City agree, and the Cities don’t have any independent authority in an Area of Impact, it is still the County’s jurisdiction. Mr. Chadwick stated there is a Supreme Court case on the issue which made that determination. The City does not have any control in the Area of Impact until they annex property into the City limits.

Civil Attorney Richard Roats joined the meeting. Discussion followed on the process of the recent tort claim that was filed.

Bonnie Sharp, Growth and Development Director, appeared with the final plat for Palm Estates Subdivision. Ms. Sharp also brought new proposed fee schedules for the Planned Communities, Planned Unit Developments and Planned Unit Development Districts. Ms. Sharp stated we did not have to have public hearings on the proposed fee schedules per Prosecutor Schindele. Ms. Sharp also stated the Myron Adamson would require dumpsters for any new construction projects up in the hills. The Building Permit fees for the new wind towers were discussed. Ms. Sharp phoned Mr. Adamson and asked him to join the meeting. The Palm Estates Subdivision was discussed. Three members of the Planning and Zoning Commission abstained from voting. The Commissioners asked Attorney Roats if that was acceptable and he stated normally a vote abstaining means the voting member has a conflict, not just because a member doesn’t like the project as Ms. Sharp stated was the reason.

Motion to have the Chairman sign the Final Plat for Palm Estates Subdivision by Rose, second by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Myron Adamson, Building Inspector, came before the Board, at their request, to explain how Growth and Development has been dealing with construction of the windmills on the wind farms.

Motion to recess for lunch and meet at the jail for the quarterly inspection by Shaw, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

At 2:00 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Shaw, second by Cruser. .
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

A hearing was held on K-05-07-12, present were the three Commissioners, Social Services Director Marianne Bate, Civil Attorney Richard Roats, Deputy Clerk Steele and the applicant. Ms. Bate reviewed the case and gave an update on the insurance pending and St. Lukes Regional Medical Center has requested a continuation. Motion by Rose, second by Cruser to continue the hearing for another 60 days or until the Insurance Company makes a decision. The hearing was closed.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

A hearing was held on K-09-07-09, present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Civil Attorney Richard Roats, Deputy Clerk Steele, Steven Pitts, legal representation for St. Alphonsus Regional Medical Center, Krysten Christiansen, St. Alphonsus Regional Medical Center, and the applicant. Ms. Bate gave an overview of the case. Chairman Shaw swore the applicant in. Attorney Pitts gave his overview of the case. The hearing was closed.

Motion by Rose, second by Cruser, to approve K-09-07-09 with a one time reimbursement from the applicant for $87,629.10. Motion amended by Rose to receive the payment by February 15, 2008, second amended by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

A hearing was held on K-09-07-01, present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Civil Attorney Richard Roats, Deputy Clerk Steele, Krysten Christiansen, St. Alphonsus Regional Medical Center, and the applicant. Chairman Shaw swore the applicant in. Ms. Bate gave an overview of the case. Mr. Roats asked the applicant questions. Discussion followed. The hearing was closed.

Motion by Shaw, second by Cruser, to approve K-09-07-01 with a reimbursement order of $150.00 per month to begin either one month after the applicant returns to work or starting May, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session Ms. Bate reviewed the recent Indigent cases.

The following decisions were made.

K-12-07-03 Motion by Cruser, second by Rose, to deny as incomplete, no interview, not last resource and is appealing insurance denial.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-12-07-04 Motion by Rose, second by Shaw, to deny as application is incomplete, no interview, and the applicant did not claim his certified mail and is not cooperating with the County.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

NM-01-08-04 Motion by Rose, second by Cruser to deny as not indigent.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

NM-01-08-05 Motion by Rose, second by Cruser, to approve for one month’s rent in the amount of $335.00 with a reimbursement order of $20.00 per month to begin February 15, 2008 with half of Federal and State income tax returns.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

The public portion of the meeting was held. Karl & Carrie Vogt from Northwest Paramedic Associates, appeared to speak to the Commissioners. Mr. Vogt stated he had been informed of a lengthy meeting that occurred last week regarding the EMS service in Elmore County. Mr. Vogt stated they have replaced their employee who was in charge in Elmore County due to criminal charges. Rich Albright took his place. Mr. Vogt explained the rumors of non sufficient fund checks and a closed bank account. An Air Ambulance Company that was created by NW Paramedics and problems that ensued with the hospitals and other aspects of the air ambulance, led to NPA Air de-solving with some debt and legal problems that are still current. Mr. Vogt stated politically it was a bad business decision. There is also a Federal Tax Lien which led to the bank flagging the business account, deposits were being held, and the problems started with the non sufficient fund checks. Mr. Vogt closed the account, re-opened a new account at another bank. Commissioner Rose stated the non sufficient fund check issue has been occurring for the last six to eight months. Mr. Vogt stated there could have been a couple pay periods where there was an issue. Mr. Vogt gave the Commissioners a confidential financial statement which he asked to be returned after the Commissioners reviewed it. Mr. Vogt stated they are not going out of business. Commissioner Rose stated it was not the Commissioners responsibility in regards to Northwest Paramedics financial status unless it affected the contract between the two. It is a civil issue between Northwest Paramedic and their employees. Mr. Vogt stated the money was in the bank, the bank would not honor the checks. Commissioner Cruser stated the Commissioners are working on the Request for Proposal for the next budget year as the ambulance contract expires this year, and the hospital is going to help the County and do a joint study on Emergency Services. Mr. Vogt then reviewed with the Commissioners the State Equipment Audit that had just taken place and only a few items were missing. Mr. Vogt explained that one County ambulance is in need of repair, it is old and not worth investing the money to repair. A Northwest Paramedic ambulance was brought down from Boise to cover for the loss of that ambulance. Chairman Shaw stated one solution would be to request a report once a month, and have Karl or Carrie Vogt appear once a month at a regular Commissioner meeting. Mr. Vogt stated Northwest Paramedics job is to provide 911 services to Elmore County, not for transporting hospital patients. Mr. Vogt stated they would help when they can with transports. Mr. Vogt addressed the turn over of his employees. He reported they have 29 employees in Mountain Home, 21 of the employees have been here 2 years or more, 10 of the 29 have been here 5 years or more, 6 have been here for six month to a year, and 2 that have been here for six months or less. Mr. Vogt stated they have the best maps of Elmore County for their ambulance drivers. Commissioner Rose stated he felt there was a communication problem with different entities. Mr. Vogt stated he would like to be involved with the upcoming study that will be done regarding ambulance services. The monthly meetings with Northwest Paramedics will be on the third Mondays of the month at approximately 3:00 p.m.

Sergeant Laytreda Schultz from the Sheriff’s office appeared before the Board and the Commissioners signed a letter addressed to Larry Tripp, Mountain Home Ranger District regarding Boat Ramp and Dock Projects for Anderson Dam and Little Camas.

Chairman Shaw asked Attorney Roats to follow up on the Area of Impact.

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

/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk