COMMISSIONERS MINUTES
February 4, 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, Commissioner Larry Rose and
Connie Cruser. Also present was Civil Attorney Richard Roats, Prosecutor
Kristina Schindele and Deputy Clerk Barbara Steele.
Motion by Shaw, second by Rose, to go into Executive Session pursuant to I.C.
67-2345(b). Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. Prosecutor Schindele left the meeting.
Motion by Shaw, second by Cruser, to approve the proposed personnel action that
was discussed in the Executive Session.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Setting the building permit fee amount for the wind towers was discussed. Motion
by Cruser to charge $4,000 per wind power unit, second by Rose. Discussion
followed. Commissioner Cruser amended her motion to charge $3,000 per wind power
unit, Commissioner Rose amended his second.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Ken Obenhauf, Centra Consulting, appeared before the Board to report on the
Glenns Ferry Landfill. Mr. Obenhauf gave the Commissioners three documents: 1)
Fire Prevention and Control Program Agreement for the Glenns Ferry Municipal
Solid Waste Landfill between the King Hill Rural Fire District and the Elmore
County Board of County Commissioners, 2) Storm Water Management Plan, 3) Draft
Operations Standards Closure Plan and Post-Closure Care for the Glenns Ferry
Municipal Solid Waste Landfill. Mr. Obenhauf asked the Commissioners to review
the documents and let Centra Consulting know if they approve. Centra Consulting
will then submit the required documents to The Department of Environmental
Quality (DEQ). The Draft Operations Standards Closure Plan was discussed. The
Landfill will not be closed at this time, it will be mothballed and turned into
a transfer station at some point. Mr. Obenhauf stated a letter should be
generated and sent to DEQ stating that. The Commissioners stated they needed to
meet with Fred Perez from Idaho Waste Systems to discuss different options. The
Commissioners thanked Mr. Obenhauf.
Commissioner Cruser stated Jail Capt. McCallum phoned and would like the
Commissioners to discuss snow removal at the jail.
A small recess was taken.
Motion by Rose, second by Cruser, to approve the minutes for January 17, 2008
and January 28, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve the number of ballots to be ordered
for the Primary Election.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve the recommendation of the Fair
Board and appoint Larry Jewett to a four year term.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Chairman Shaw read the Certificates of Residency into the record: Rachel K. Cash
and Sheila E. Ogletree. Motion by Cruser, second by Rose to approve the
Certificates of Residency and have the Chairman sign.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Commissioner Cruser reported on the status of the ambulance study. Commissioner
Cruser suggested that at least every six months to a year, the Commissioners
should meet with the Quick Response Units, Highway Districts and other County
entities.
John Steiner, Idaho Wind Farms, and Steve Reynolds, property owner, appeared
before the Commissioners regarding the building permit fees and State required
approval from an Idaho Engineer for the wind towers. Chairman Shaw asked Civil
Attorney Roats if he emailed the engineering information to Mr. Steiner.
Attorney Roats stated yes. Chairman Shaw stated a building permit fee will be
required. The fee will be $3,000.00 per unit. Bonnie Sharp, Growth and
Development Director, Myron Adamson, Building Inspector, were in the audience.
Approval from an Engineer registered in the State of Idaho was discussed and is
required. Mr. Steiner asked if they could proceed with the installation of the
wind towers while he was getting that approval. The Commissioners stated the
County needed to have that approval before the wind tower construction begins.
Mr. Steiner stated he would work on that issue.
Chairman Shaw read Resolution No. 400-07 into the record:
AMENDED RESOLUTION NO. 400-07
AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE
4TH DAY OF FEBRUARY 2008, 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 ECPSCB 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;
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; and
WHEREAS, the Elmore County Board of County Commissioners adopted Resolution No.
400-07 on December 17, 2007, but the body of the resolution identified a
nine-member ECPSCB rather than a ten-member ECPSCB while listing the ten
members, requiring an amended Resolution to be considered.
NOW THEREFORE, BE IT ENACTED THAT the Elmore County Board of County
Commissioners hereby authorizes a ten-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 4th day of February 2008.
ELMORE COUNTY BOARD OF COMMISSIONERS
ARLIE SHAW, Chairman
LARRY ROSE, Commissioner
CONNIE CRUSER, Commissioner
ATTEST: /S/ MARSA GRIMMETT, Clerk
Motion by Shaw, second by Rose, to approve Amended Resolution No. 400-07.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The Commissioners phoned Dan Collins, Plant Facilities Manager, to come speak to
them about snow removal at the jail. Mr. Collins appeared and Commissioner
Cruser asked Mr. Collins who is in charge of the snow removal. Mr. Collins
stated his Department does not have the manpower to remove the snow at the
Courthouse and the Jail. Mr. Collins stated the tractor at the jail is not
sufficient to move the amount of snow we have had this year. Discussion followed
and the Commissioners stated they will hire out for snow removal. Commissioner
Cruser stated the Jail is out of de-icer and asked Mr. Collins who orders it.
Mr. Collins stated he has been ordering it and has not been informed that the
jail is out.
Motion by Cruser, second by Shaw, to recess for lunch.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(d). Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-01-08-07 Motion by Rose, second by Shaw, to approve with a reimbursement order
of $100.00 to begin one month after the applicant returns to work, and 50% of
Federal and State income tax returns.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Still in Executive Session a hearing was held on K-09-07-04. Present at the
hearing were the three Commissioners, Social Services Director Marianne Bate,
Civil Attorney Richard Roats, Deputy Clerk Barbara Steele, the applicant, Kenny
Smith and a co-worker. Chairman Shaw swore the applicants and witnesses in.
Social Services Director Marianne Bate gave an overview of the case. The
applicant was asked questions. Mr. Smith gave an overview of when the applicant
was injured. Mr. Smith stated the applicant was not his employee and his
workman’s Comp. will not cover the medical expenses. The hearing was closed.
K-09-07-04 Motion by Cruser, second by Shaw, to approve with a reimbursement
order of $25.00 per month with 50% of Federal and State income tax refunds, and
that the applicant actively seek employment.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Still in Executive Session a hearing was held on K-09-07-02. Present at the
hearing were the three Commissioners, Social Services Director Marianne Bate,
Civil Attorney Richard Roats, Deputy Clerk Barbara Steele and the applicant.
Chairman Shaw swore the applicant in. Social Services Director Marianne Bate
gave an overview of the case. The applicant was asked questions by the
Commissioners and Civil Attorney Roats. The hearing was closed.
K-09-07-02 Motion by Shaw, second by Cruser, to deny as not indigent, the
applicant can afford to make payments over a 60 month period.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
The Public portion of the meeting was held.
Mir Seyedbagheri, Extension Office, appeared before the Board with the Elmore
County Interim Mosquito Abatement District, Comprehensive Mosquito Surveillance
and Control Plan for 2008. Motion to approve and sign the plan by Rose, second
by Cruser,
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve and sign the 2008 Annual Operating
Plan (AOP), South Fork Cooperative Weed Management Area Agreement.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(b). Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
John Steiner, Idaho Wind Farms, appeared to speak to the Commissioners. Mr.
Steiner stated Mr. Glen Ikemoto stated they do not have an Idaho Engineer’s
stamp of approval on the wind towers. Mr. Steiner also stated their company has
never had a County in the United States ask for an engineers approval. Mr.
Steiner discussed the classification of the towers and how that affects the
building permit fees. Mr. Steiner stated the approval of an Engineer is costly
and could part of that cost be deducted from the building permit fee. Mr.
Steiner asked if the construction can continue before the approval of an Idaho
Engineer. Attorney Roats asked Mr. Steiner if they had contacted the State
regarding the stamp of approval from an Idaho Engineer. Mr. Steiner stated no.
The Commissioners stated, per Idaho law, the project had to have an Engineer’s
stamp of approval before the towers can be constructed.
Motion by Shaw, second by Rose to adjourn.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
