COMMISSIONERS MINUTES                                August 25, 2008


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

Alan Roberts, Mountain Home Extrication, was present in the audience.

Requests for Proposals for the Ambulance Service were opened. The Request for Proposals received were from Ada County Paramedics, Northwest Paramedics and Elmore Medical Center. The Commissioners briefly reviewed the Requests for Proposals and will review them in more detail at a later date.

Marty Jones, Central District Health, appeared before the Board and gave his monthly update. The proposed Glenns Ferry Transfer Station was discussed.

Dan Collins, Plant Facilities Manager, appeared before the Board and reported trees have been planted where the old trees were removed. Parking by the School across the street from the Courthouse was discussed.

Randy Blades and Keith Thomas, from the State Prison, appeared before the Board. Sheriff Rick Layher was also present. The number of prisoners the State is boarding with Elmore County was discussed. The number of felons sentenced to prison has been down in the last year thus they have reduced the number of prisoners they are sending to Elmore County. Mr. Blades explained that the State needs help holding female prisoners and Sheriff Layher told him that he plans on arranging for one of the pods to be cleared so female prisoners can be held there.

Wade Baumgardner, Veterans Service Officer, appeared before the Board for his monthly meeting and gave them a brief update.

Mir Seyedbagheri, Extension Agent, appeared before the Board and gave the Commissioners his written report for the month. The Commissioners reviewed the report.

Monica Halliday, Juvenile Probation, and Jason Stone, Department of Juvenile Corrections District Liaison, appeared before the Board. Discussion followed on funding sources for different Juvenile programs. Community Service options were discussed.

Chairman Shaw stated Attorney Jerry Mason would be hired to attend the public hearings on the proposed Nuclear Plant. Bob Knight, Growth and Development Dept., and Nick Nettleton, Planning and Zoning Commission Chairman were present. Where to hold the hearings was discussed. Also the recording of the Planning and Zoning meetings needs to be improved. Mr. Knight will start preparing monthly reports for the Commissioners on how many Building Permits were issued, etc.

JoAnn Lanham, Mayor of Glenns Ferry appeared before the Board to discuss the Law Enforcement Contract for the City of Glenns Ferry. Ms. Lanham showed the Commissioners a report showing what the call volume was for City, County and Interstate. Sheriff Rick Layher appeared. Ms. Lanham stated the City feels it they are not getting enough service for the cost. Discussion followed on how the contract was initially set up. Mayor Lanham stated the City has hired Noe Garza to do part time Code Enforcement.

The Kipp rodeo arena was discussed. Civil Attorney Roats reported the rodeo arena is a permitted use in Ag A and a Conditional Use is not required. If the arena is being used as a business, the Kipps would have to follow State rules governing businesses. A letter will be sent to Mr. & Mrs. Kipp which will include the Commissioners decision to deny a refund of attorney’s fees.

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

Motion by Shaw, second by Rose, 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.

The following decisions were made:

K-07-08-02 Motion by Rose, second by Shaw, to approve the request to add two necessary procedures to the treatment plan.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-07-08-04 Motion by Shaw, second by Rose, to deny as incomplete, no interview or documentation, not last resource and not indigent.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Cruser, second by Rose, to approve the tax cancellations: No. 937 White Cloud Communications $35.65, No. 938 Daniel J. Marchant $27.51, No. 939 Ponderosa Glass $132.88, and No. 940 Samuel Garcia Orasco $61.00 for a total of $257.04.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Pete Wagner, from the Department of Environmental Quality, came before the Board of Commissioners to update them on matters that they are concerned with in Elmore County. Mr. Wagner discussed Ground Water, Airsheds, Surface Water and other issues. He explained he is in the regional office, assigned to ten counties, and would be willing to meet with the Board whenever they would like. At this time, they would like Mr. Wagner to come in twice per year. Mr. Wagner will call the Clerk’s office in March to make an appointment on the Commissioner’s agenda.

Bill Kelly came before the Board of Commissioners to deliver to them a letter stating that the Oasis Fire Department annexed in a piece of property. The Clerk will make a copy of the letter for the Assessor.

A small recess was taken.

Chairman Shaw stated at the E-911 Board meeting he attended he was informed the some applications received from the Growth and Development Department are incomplete. A meeting will be set up with the Bonnie Sharp, Growth and Development Director and Traci Lefever, E-911 Coordinator to discuss the issue.

Motion by Rose, second by Shaw, to approve the expenses. A voucher request from the Extension Agent was discussed. Mr. Seyedbagheri is asking for reimbursement for a trip to Russia to teach at a seminar. The voucher (expense) will be tabled until next week. Total expenses were $178,461.14.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to sign the contract with Badger Medical.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to sign the grant documents to receive an ambulance stretcher and epi- pens.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The Elected Officials appeared for their monthly meeting.

Jo Gridley, Assessor, appeared and stated two people have been hired to fill the vacancies within her Office. Some employees need more training.

Rose Plympton, Treasurer, appeared and stated her office was working on the three year property tax delinquencies and distraint warrants.

Clerk Marsa Grimmett reported summer vacations in her office are winding down. Clerk Grimmett stated she had attended the Clerk’s conference, recording fees and what the Counties are charging Title Companies for copies of daily recordings were discussed and vary by County.

Sheriff Rick Layher and Chief Deputy Nick Schilz appeared before the Board. Employee compensation time and vacation time was discussed. Setting a date for employee’s accrued vacation not to exceed one year’s worth of vacation was discussed. Treasurer Plympton reported her office would receive their vacation after they worked the year, and now that vacation is accrued monthly the accrued totals look high. Using the accrued vacation in a three people office is challenging since the change to monthly accrual.

A small recess was taken.

Regular session resumed.

Discussion followed on increasing inmates in the Elmore County Jail, the auction that was just held, and the meeting (lunch) to be held at the Pine Senior Center tomorrow.

A liquor license for the Rodeo Night Club was discussed. The item will be put on the next agenda as the proper documentation was not included in the application.

Tom Hiler came before the Board to ask about the fuel contract for the County. The Commissioners stated they are working on the request for bid and publication.

Victoria Grimes, 1307 Ditto Creek Road, Tipanuk Subdivision, came before the Board to ask how the Tipanuk Fire District was formed. Ms. Grimes stated the petition to form the Tipanuk Fire District was fraudulent because the sign in sheet at the meeting that was held to discuss forming a district was used as the petition. Commissioner Cruser stated there was an election and asked if the group in attendance voted. Terry Allred, a Tipanuk resident, spoke about when the election was held there was propaganda at the polling place. Ms. Grimes and Mr. Allred stated the budget hearing for the Tipanuk Fire District was held, it was not published and the meeting did not conclude due to potential violence. Election Clerk Garcia was phoned and asked to come to the meeting. Civil Attorney Roats reviewed the file Election Clerk Garcia brought and told the group the Commissioners had a process they had to follow, the petition to form a district, publication and acceptance of the election which the Commissioners did. There is a process per Idaho Code §31-1434 to dissolve a Fire District. Attorney Roats stated the Commissioners cannot dissolve the District. Commissioner Cruser stated the people who initiated the Fire District had good intentions. Attorney Roats stated the sign in sheet Ms. Grimes is referring to is clearly a petition. A person signing any sheet/petition is responsible for their actions. Ms. Grimes and Mr. Allred thanked the Commissioners and stated they would pursue dissolving the District.

At 5:28 p.m. on a motion by Shaw, second by Rose, a Public Hearing was held to hear public comment on an Ordinance prohibiting persons from congregating on, loitering on or jumping from County bridges for the purpose of protecting the health, safety and welfare of the public; providing for definitions; providing for prohibitions; providing for enforcement; providing for permitting conduct; providing for severability; providing that this ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Commissioner Rose stated no public attended the public hearing.

Commissioner Cruser read Ordinance No. 2008-5 into the record:
ORDINANCE NO. 2008-5
AN ORDINANCE PROHIBITING PERSONS FROM CONGREGATING ON, LOITERING ON OR JUMPING FROM COUNTY BRIDGES FOR THE PURPOSE OF PROTECTING THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PERMITTING CONDUCT; PROVIDING FOR SEVERABILITY; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.

WHEREAS, pursuant to Idaho Code §31-714, the Idaho Legislature has recognized the authority of local governments to enact ordinances to pass all ordinances to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein; and
WHEREAS, the Elmore County Board of County Commissioners does find after due consideration of the issues presented that it is necessary and proper to adopt this ordinance to provide for the safety, health and comfort of Elmore County and its inhabitants, and promote the protection of persons and property therein.
THEREFORE, PURSUANT to the authority under Article 12, Section 2 of the Constitution of the State of Idaho and the provisions of I.C. § 31-714,
BE IT ORDAINED BY THE BOARD OF ELMORE COUNTY COMMISSIONERS as follows:
SECTION 1. Title. This ordinance shall be known as the Elmore County Bridge Ordinance.
SECTION 2. Purpose. The purpose of this ordinance is to protect public health, safety and welfare from the dangers presented by persons congregating on, loitering on or jumping from county bridges. This includes physical dangers to the persons on or jumping from the bridges, the traveling public and adjoining property owners, as well as problems associated with disorderly conduct, drinking, drugs, trespass, damage to public and private property and parking in a hazardous manner.
SECTION 3. Definitions.
“County bridge” means any bridge structure and the approaches thereto located in Elmore County and within the jurisdiction of the county.
“Jumping” means leaping, falling, diving or otherwise projecting oneself from a county bridge and includes but is not limited to bungee jumping.
“Motor vehicle” means any vehicle which is, or is designed to be, self-propelled.
SECTION 4. Prohibitions.
No person shall jump, or cause another person to jump, leap, fall, dive or otherwise be projected, from a county bridge.
No person(s) shall congregate on or loiter on a county bridge. This prohibition shall not apply to persons within or on a designated pedestrian walkway that is constructed as part of a bridge and is separate from the motor vehicle lanes of travel. This prohibition shall also not apply to persons crossing a county bridge provided that the persons do not congregate or loiter on the bridge.
No person shall fish from a county bridge except within or on a designated pedestrian walkway that is constructed as part of a bridge and is separate from the motor vehicle lanes of travel.
No person shall park a motor vehicle within a posted area of a county bridge or on or near a county bridge in a manner that creates a hazard or obstruction for the traveling public or that blocks or impedes access to private properties or to mailboxes in accordance with I.C. §§ 49-659, 49-660 and 49-661 et al. In addition to any penalties provided for in this ordinance, vehicles that constitute a hazard or obstruction to motor vehicle traffic using the road or highway may be removed immediate at the owner’s expense pursuant to I.C. § 49-662 and Idaho Code title 49, chapter 18.
No person shall remove signs, deface, paint, destroy or otherwise damage a county bridge or the appurtenances thereto.
SECTION 5. Enforcement Responsibility and Authority. This ordinance shall be enforced by the Elmore County Sheriff’s Office or any law enforcement agency with which Elmore County has a cooperative law enforcement agreement.
SECTION 6. Violations. Violation of any provision of this ordinance is an infraction punishable by a penalty not exceeding one hundred dollars as provided in I.C. §§ 18-111 and 18-113A.
SECTION 7. Permitted Conduct. This ordinance shall not be interpreted to prohibit people from assembling together in a peaceful manner to consult for their common good; nor from instructing their elected representatives; nor for applying to the elected officials for redress of grievances.
This ordinance shall not be interpreted to restrain the free expression of opinion, or restrict the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for abuse of this right.
SECTION 8. Severability Clause. Should any section or portion of this ordinance be held unlawful or unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific section, or portion thereof, directly specified in the decision. All other sections or portions of this ordinance shall remain in full force and effect.
SECTION 9. Effective Date. This Ordinance shall be effective upon its passage, approval and publication according to law.
Enacted by the Elmore County Board of County Commissioners as an ordinance on the 25th day of August, 2008.
Arlie Shaw, Chairperson, Board of Commissioners, Larry Rose, Commissioner, Connie Cruser, Commissioner, ATTEST: MARSA GRIMMETT, Clerk of the Court and the Elmore County Board of Commissioners

Section 4 was discussed.

Motion by Shaw, second by Rose, to approve and adopt Ordinance No. 2008-5.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to close the public hearing.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

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