COMMISSIONERS MINUTES                                SEPTEMBER 29, 2008


The Commissioners 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 Deputy Clerk Barbara Steele and Civil Attorney Richard Roats.

Motion by Shaw, second by Rose to approve the minutes for September 22, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to pay the ambulance bill to Med-Tech Resource Inc. in the amount of $4,687.28.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Shaw reported on the Planner position. Ada County will be phoned later in the meeting.

Motion by Rose, second by Cruser, to extend the contract with Northwest Paramedic Associates Inc, until April 1, 2009 at $36,279.10 per month which includes a $1604.10 lease payment.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

An Unemployment Claim was discussed. The Commissioners phoned and asked Payroll Clerk Linda Pickett to come to the meeting. Ms. Pickett appeared and discussion followed on the Claim.

The Fuel Bids were opened. The bids received were from Hiler Brothers and Hawley’s Automotive. Tom Hiler and Herb Hawley were in attendance. Chairman Shaw read the bids from Hiler Brothers and Hawley’s Automotive. Discussion followed. Motion by Rose, second by Cruser, to accept Hiler Brothers bid as the lowest responsible bidder.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to sign the letter to the employees regarding the Salary Survey that will be performed for fiscal year 2010.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Discussion followed on the Area of Impact and possibly having a joint hearing between the County and City if the boundaries were changed.
Greg Maurer, Betty VanGheluwe, Deborah Mills, Doreen Krabbenhoft, and Tricia Senger, representing Elmore Medical Center, appeared before the Board to discuss the award of the ambulance contract. Commissioner Cruser stated she had received a phone call from the new EMS representative who offered to help the County if needed. Mr. Maurer gave the Board an agenda to review. Mr. Maurer stated St. Lukes would be helpful with the requirement of the Paramedic, and addressed contract preparation, the start up budget, and the current equipment the County has. Chairman Shaw stated a bill is being introduced to the Legislature this year creating an EMS district opposed to an Ambulance District. Discussion followed regarding the purpose of the proposed bill. The start up budget was discussed and what equipment and facilities are available and what is needed. A working group will be established to discuss the commencement of the contract. Chairman Shaw stated the Budget needs to be controlled by the Commissioners in conjunction with the Medical Center. Choosing members of the working group was discussed. The first meeting will be October 1, 2008.

Mir Seyedbagheri, Extension Agent, appeared and gave the Board a handout titled Coordinated Water Resource Management Plan by the Counties of Gooding, Jerome, Lincoln, Twin Falls, Cassia and Minidoka. Mr. Seyedbagheri also gave the Commissioners his monthly accomplishment report as he was unable to attend the Department Head meeting last week.

Sergeant Laytreda Schultz, Sheriff’s Department, appeared and gave the Commissioners the checks for the grants obtained for the snowmobile trailer and boat safety.

Barb Checketts appeared before the Board to discuss the Safe Walk to School Program. She is involved with the City of Mountain Home Traffic Safety Committee. A grant is being applied to identify bus routes and Ms. Checketts is asking for the County’s support. Discussion followed and Ms. Checketts will keep the Board informed.

The Area of Impact boundaries were discussed. Changing the boundaries from Corder Road to Hamilton Road was discussed. Motion by Shaw, second by Rose, to change the boundary from Corder Road to Hamilton Road. The ordinances, legal description, and map will be changed and a public hearing will be set.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to recess for lunch.
SHAW - AYE
ROSE - 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.

The following decisions were made:

K-04-08-01 Motion by Shaw, second by Rose, to reduce the monthly payment to the County to $100.00.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-09-08-09 Motion by Shaw, second by Rose, to deny as not last resource.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-08-08-05 Motion by Rose, second by Shaw, to deny as not last resource, not an emergency, not indigent, and incomplete.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-11-06-06. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Clerk Marsa Grimmett, Civil Attorney Richard Roats and the applicant. Ms. Bate gave an overview of the case. Civil Attorney Roats stated he would research the bankruptcy. The hearing was continued.

Still in Executive Session a hearing was held on K-10-07-07. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Clerk Marsa Grimmett and Civil Attorney Roats. Ms. Bate gave an overview of the case. Discussion followed. The applicant was not present. A representative from the hospital was not present. Motion by Shaw, second by Cruser to uphold the denial as not last resource.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Shaw, second by Rose, 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 the Executive Session.
Vivian Garcia, Election Clerk, came before the Board and Commissioner Cruser discussed professionalism at the polling precincts. The Automark voting machines and the upcoming General Election were discussed.

Jodi Soboslai, Deputy Assessor, came before the Board with information requested regarding a building owned by Trinity Mountain Water in the Pine/Featherville area.

A small recess was taken.

Regular session resumed.

The Elected Officials monthly meeting was held. Prosecutor Kristina Schindele and Sheriff Rick Layher were present.

Sheriff Rick Layher appeared before the Board and explained that the gang seminar vouchers being held from the last Commissioners meeting will be paid for by a grant. Motion by Shaw, second Rose, to pay the two vouchers, one for the seminar and one for lodging.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Hiring new Deputies was discussed with Sheriff Layher.

Clerk Marsa Grimmett appeared and discussed the Tort Liability budget. A resolution will be prepared to transfer $10,000 to Tort Liability. Motion by Rose, second by Shaw, to sign Resolution No. 411-08 transferring $10,000 from Contingency to Tort Liability.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

RESOLUTION NO. 411-08

A RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.

WHEREAS, The Board of Commissioners of Elmore County have the authority and duty under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6 of the Idaho Code to provide funding operations of the Government of Elmore County for expenditure of those funds; and

WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting on September 29, 2008, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $10,000.00 from line item 100.417.02.028.00, Contingency, be shifted to line item 131.431.02.007.00 Tort Liability.

2. That this resolution shall have effect immediately upon its passage.

PASSED, at a regular meeting of the Elmore County Board of Commissioners in the County of Elmore, State of Idaho, held on the 29th day of September, 2008, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.

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

Motion by Shaw, second by Rose, to dispense with the reading of Resolution No. 410-08.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Commissioner Rose read a portion of Resolution 410-08 regarding adopting land use-related hearing procedures. Motion by Rose, second by Shaw, to approve and sign Resolution No. 410-08.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

RESOLUTION NO._410-08__
Elmore County

ADOPTING LAND USE-RELATED HEARING PROCEDURES

WHEREAS: Idaho Code requires that Jurisdictions maintain a regular set of procedures for land use-related public hearings held by the Elmore County Planning and Zoning Commission (the Commission) and the Elmore Board of County Commissioners (the Board); and

WHEREAS: From time to time it is beneficial to review and revise those hearing procedures to better facilitate input from the public and to promote an informative and expeditious hearing;

NOW, THEREFORE, BE IT RESOLVED by the Board to hereby adopt the following land use-related public hearing procedures:
Section 1. Providing Notice of Land Use or Development-Related Public Hearings
a. If a public hearing is required by law or ordinance, the Commission and, when applicable, the Board, shall hold at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a succinct description of the proposal shall be published in the official newspaper of Elmore County.
b. In the case of comprehensive plan changes, conditional use permits, rezones, subdivisions, and variances, notice shall also be provided as required by law to property owners within the land being considered; either adjoining or within three hundred feet (300') of the external boundaries of the land being considered as appropriate; and within any additional area that may be substantially impacted by the proposal as might be determined by the Commission, the Board, or Elmore County staff. Contents of the mailed notice should include the basic information required by applicable provisions of law and this Resolution and, when known at the time of mailing or publication, any standards for oral testimony, time limits for testimony, time or length limits for written submissions, and other conditions or requirements governing participation.
c. When notices are required to be sent to two hundred (200) or more property owners, a notice of public hearing, at least 2 columns wide by 4” in height, published in the official newspaper of Elmore County at least 15 days prior to the hearing, shall be deemed a proper alternative to mailed notices.
d. In any public hearing the presiding officer may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required.
e. Land that is the subject of any required public hearing shall be posted with signs describing the nature of the action to be considered, contact information for Elmore County, and the time, date and location of the hearing. Such on-site signage shall be posted by Elmore County at least 7 days prior to the hearing.
Section 2. General Standards and Requirements for Oral Testimony:
a. At the commencement of the public hearing, the presiding officer may establish a time limit to be observed by all speakers, unless spokespersons with different time limits are designated. If no different time limit is established by the presiding officer, the time limits shall not exceed fifteen (15) minutes for an applicant’s oral presentation, five (5) minutes per person for individual audience testimony and ten (10) minutes for applicant rebuttal. Additional time may be allowed by the presiding officer upon a showing of good cause.
b. No person shall be permitted to testify or speak before the hearing agency at a public hearing unless such person has signed his name and written his residential address on sign up sheets to be provided. This requirement shall not apply to staff or technical witnesses directed by the chairperson to give evidence or information to the hearing agency.
c. The Board may suspend or amend any one or more of the discretionary pre-announced hearing procedures by majority vote of the Board then in attendance.
d. Spokespersons may be designated in order to allow relevant testimony for a period longer than provided herein. Anyone who desires to appear as a representative of a group at the hearing should contact Elmore County staff at least five (5) days prior to the hearing with evidence of representative status. Elmore County staff may then evaluate and inform the requestor if s/he will qualify as a representative spokesperson for the hearing.
e. Any person desiring to speak must first be recognized by the presiding officer.
f. Testimony shall directly address the subject at hand.
g. Testimony shall not be repetitious with other entries into the record.
h. Testimony shall not be personally derogatory.
i. Testimony shall comply with time restrictions established by the presiding officer or this Resolution.
j. If oral testimony fails to comply with the aforementioned standards, the presiding officer may declare such testimony out of order and require it to cease.
k. All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and complete.
Section 3. Procedure for Quasi-Judicial Public Hearing:
Quasi-judicial hearings involve site-specific decisions (such as rezoning specific property), as opposed to legislative hearings, which require decisions that have a broad application (such as a change in the zoning ordinance and does not necessarily affect one specific parcel of land). Quasi-judicial public hearings shall follow the order of events set forth below:
a. Brief introduction of the subject of the hearing by Elmore County staff identifying nature and location of request.
b. Presentation by applicant (decision makers should address their questions to the applicant at this time).
c. Elmore County staff/consultant report (decision makers should address their questions to staff/consultant at this time).
d. Open public hearing testimony from public in the following order (questions from the decision makers should be asked of the person testifying before they leave the podium):
1. Speakers in favor
2. Neutral speakers
3. Speakers opposed
e. Rebuttal testimony from applicant (decision makers should ask any final questions). If new facts are elicited at any point, the public must be given an opportunity to comment on such new facts.
Section 4. Close Public Hearing, Deliberations and Decision:
a. When the record has been closed, the decision makers shall take the matter under advisement for the purpose of deliberating towards a decision based on the record. After deliberating, the decision makers may then immediately render a written decision or may continue the matter to a date and time certain for further deliberation and decision. The decision makers shall deliberate and make decisions at meetings that comply with the Open Meeting Act, I.C. § 67-2340 et seq., as it may be amended from time to time.
b. Discussion of hearing subject among decision makers. Questions may also be directed to county staff/consultant during this period. Any procedural rules requiring a motion prior to discussion are hereby suspended for purposes of such discussion. Decision makers may table the matter until later in the meeting or to a later meeting for deliberations.
c. The recommendation or decision arrived at should state why the result was reached. A reasoned statement that explains the criteria and standards considered relevant, states the relevant facts relied upon, and explains the rationale for the decision based on applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record, should be part of the motion to approve or deny or should be developed with staff/consultant assistance for action at a subsequent meeting.
Section 4. Standards for Written Submittals:
Written testimony and exhibits from the public to be presented for the record shall comply with the following standards:
a. Written submittals other than petitions or illustrations must be submitted at least seven (7) calendar days prior to the date of the public hearing.
b. Written submittals shall include the signature and address of the submitter.
c. Written submittals shall address the issue at hand. Portions of written submittals that raise irrelevant issues or include improper information may be excluded from consideration in whole or in part.
d. Written testimony shall not be personally derogatory.
e. Documents may be submitted at the public hearing only with the approval of the presiding officer and only if their introduction will not inject unfair surprise into the process. The presiding officer may require duplication of any acceptable documents or continuation of any hearing if necessary to provide an opportunity for response from hearing participants.
f. If documentation submitted at a hearing fails to comply with the aforementioned standards, the presiding officer may decline to admit them for consideration during the hearing.
Section 5. Documentary Exhibits:
All exhibits, photographs, diagrams, maps, evidence and other documentary material presented during a public hearing shall be identified and entered into the record. Exhibits from an applicant must be submitted with the application and shall be marked for identification prior to the hearing. Original exhibits may be released to the presenting party if requested in writing, and if photocopies or photos of the originals are provided to be maintained in the record.
Section 6. Reopening the Record:
Prior to issuing a written decision, the decision makers may, for good cause shown, reopen the record for the purpose of receiving additional evidence. An interested party may seek to reopen the record by filing a motion to reopen the proceedings at any time prior to the decision makers’ final decision. The motion must contain information therein to demonstrate good cause, and the requesting party must pay any costs which will be incurred by the County to comply with applicable law. The decision makers shall decide an applicant/appellant/interested party’s motion to reopen the record at or before the next regularly scheduled meeting of the decision makers. The decision makers may reopen the record for good cause on its own motion. If the decision makers determine to reopen the record, they shall thereafter comply with applicable law, if any, governing notice and hearings.
Section 7. Records Maintained:
The Hearing Clerk shall maintain records of all public meetings in the following manner:
a. Transcribable verbatim recordings of the public hearing(s) and deliberation proceedings shall be maintained in conformance with Idaho Code.
b. Originals of written submittals to the hearing record and copies of applications shall be maintained in conformance with Idaho Code.
c. Minutes which catalog the occurrences at the public hearing shall be maintained as required by applicable sections of the Idaho Code.
Section 8. That this resolution shall be in full force and effect from the date of its adoption.

Adopted by the Board of Elmore County Commissioners this 29th day of September 2008.

/S/ Chairman Arlie Shaw
/S/ Commissioner Connie Cruser
/S/ Commissioner Larry Rose
ATTEST: /S/ Marsa Grimmett, Elmore County Clerk

An agreement for consultant fees for the proposed Nuclear Power Plant was discussed. Growth and Development Director Bonnie Sharp appeared before the Board to discuss the issue. Prosecutor Schindele will research the issue. The Planner position was briefly discussed. The Professional Services Agreement with Jerry Mason was discussed. Prosecutor Schindele will check with Civil Attorney Richard Roats regarding the Professional Agreement.

The Ramco Design, LLC Findings of Facts, Conclusions of Law was discussed. Prosecutor Schindele stated the minutes from the Planning and Zoning Commission’s public hearing were not included in the file. The official owner of the property was discussed. Chairman Shaw stated we need to know who the owner is of the property and get clarification on the discussions between Ramco Design, LLC and Idaho Waste Systems, Inc. Ms. Sharp stated she would phone Ramco Design LLC. Chairman Shaw stated perhaps Attorney Phil Miller needs to review the files on all issues before Growth and Development submits them to the Commissioners. A public hearing will be re-opened on the Ramco Design, LLC rezone request on two parcels.

Sheriff Layher returned to the meeting to discuss the Pine/Featherville substation. A building in Pine owned by Allen Kiester was discussed. Several options were reviewed.

Motion by Shaw, second by Cruser, 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 Pine/Featherville Substation was briefly discussed along with the volunteer ambulance service in that area.

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

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