COMMISSIONERS MINUTES                                OCTOBER 14, 2008


The Elmore County 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 Larry Rose and Connie Cruser. Also present was Deputy Clerk Barbara Steele.

Motion by Shaw, second by Rose, to approve the minutes of October 6, 2008. Two corrections were made.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the expenses in the amount of $444,696.08. Discussion followed.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the Ambulance District Expenses in the amount of $36,694.02. NW Paramedic Assoc. $36,279.10, Pine Properties LLC $250.00, & Norco $164.92.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the payroll for September 2008 in the amount of $383,280.80.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Rose, to approve the Bail Bond Report and the Recorder’s Office Report for the record only.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The letter regarding water management that was sent to the Department of Idaho Water Resources was discussed with Ron Leydet, Citizen of Elmore County.

A letter received from the Elmore County Fair and Rodeo Board recommending Mikel Caraway be appointed to replace Jennifer Clark on the Fair Board was reviewed. Motion by Rose, second by Shaw, to appoint Mikel Caraway to the Fair Board for a four year term.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second Shaw, to approve the liquor license for Power House Entertainment, doing business as The Rodeo Night Club.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Commissioner Cruser reported to the Board on the plan for the Ambulance/Sheriff’s substation in Pine/Featherville. Allen Kiester is asking for $1,000 for renovations plus $650.00 per month for a two year lease on the building that will be renovated. Subleasing the current storage facility where the ambulances are housed was discussed. Motion by Cruser, second by Shaw to approve the one time payment of $1,000 for renovations plus $650.00 per month for a two year lease on a building from Allen Kiester in Pine, Idaho, for a substation for the volunteer ambulance and Sheriff’s Office. The sub-lease on the current storage facility will be tabled to review the contract with Pine Properties, LLC.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Greg Maurer, Elmore Medical Center Director, appeared and gave the Commissioners an ambulance start-up budget. The total estimate was $35,305.00. Motion by Shaw, second by Cruser, to accept the ambulance phase one start up budget in the amount of $35,305.00.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

General discussion followed on Commissioners current activities.

Sheriff Rick Layher and Sergeant Laytreda Schultz appeared before the Board. Motion by Rose, second by Cruser, to sign agreement No. 09-CO-11040201-003 between Elmore County and Boise National Forest for the Dock Replacement/Abutment at Pine Campground on Anderson Ranch Reservoir.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Discussion followed on the Glenns Ferry Police Department Contract with Sheriff Layher and the Commissioners. The issue will be put on the agenda for October 20, 2008 and Glenns Ferry Mayor JoAnne Lanham will be contacted.

Correspondence received by mail was reviewed. Chairman Shaw signed the Hazardous Fuels Treatment Program Progress Report on the Pine/Featherville project. Chairman Shaw reviewed upcoming events. Commissioner Cruser gave a brief report on the Central District Health meeting and the E-911 Board meeting.

Motion by Cruser, 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 Shaw, second by Rose, to meet with Social Services Director Marianne Bate.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Prosecutor Kristina Schindele was present.

The following decisions were made:

K-04-08-01 Motion by Shaw, second by Rose, to reduce the monthly payment from $100.00 to $50.00.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-04 Motion by Cruser, second by Shaw, to approve the ten day prior application with a reimbursement order of $25.00 per month.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser to go back into regular session.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to vote for Jack Nelson, Latah County Commissioner, to be a Capital Crimes Defense Fund at-large Board Member.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to vote for Fred Tilman, Ada County Commissioner, to be a Capital Crimes Defense Fund Board Member.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

An emergency resolution to purchase ambulances was reviewed.

Motion by Shaw, second by Rose, to go into Executive Session pursuant to I.C. 67-2345(f) and 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.

Sheriff Rick Layher appeared before the Board and the sub-station in the Pine/Featherville area was discussed. Sheriff Layher was in Pine today and inspected the building to be shared by the ambulance and the Sheriff’s deputies.

The Lease Contract for Rental Space for the ambulance and related equipment between Elmore County and Pine Properties, LLC was reviewed. The contract states Elmore County shall not assign this rental agreement or sublet the whole or any portion of the unit rented without express written permission from Pine Properties. The item will be tabled.

Motion by Rose, second by Shaw, to re-open the public hearing on the Vanilla Sun Subdivision Appeal to receive the report from the Planning & Zoning Commission and to receive information from the applicants.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to suspend the reading of resolution 412-08 and refer to it by Title only.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve and sign Resolution No. 412-08 amending the budget of the Elmore County Government to provide continuing funding and adjust for changes in spending priorities.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

RESOLUTION NO. 412-08

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 2008 fiscal year County budget during its regular public meeting on October 14, 2008, and the need to amend the 2008 fiscal year County budget has been satisfactorily demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $25,000.00 from line item 100.417.02.028.00, Contingency, be shifted to line item 185. 385.00.098.00 GFPD Contract.

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 14th day of October, 2008, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.
ELMORE COUNTY COMMISSIONERS
ARLIE SHAW, Chairman
CONNIE M. CRUSER, Commissioner
LARRY E. ROSE, Commissioner
ATTEST: /S/ MARSA GRIMMETT, Clerk

Commissioner Rose read Resolution 413-08 into the record:

RESOLUTION NO. 413-08

AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 14TH DAY OF OCTOBER 2008, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED, TO-WIT:

WHEREAS, Idaho Code § 31-801 grants general powers and duties, subject to the restrictions of law, to the boards of county commissioners in their respective counties; and

WHEREAS, Idaho Code § 31-828 grants the board of county commissioners the authority "to do and perform all other acts . . . which may be necessary to the full discharge of the duties of the chief executive authority of the county government . . ."; and

WHEREAS, Idaho Code § 31-3901 grants the board of county commissioners the authority to establish an ambulance district, and the county has established an ambulance district; and

WHEREAS, Idaho Code § 31-3903 grants the board of county commissioners the authority to determine the manner in which said ambulance service shall be operated and make expenditures from the ambulance service fund for the purchase of necessary equipment for the operation and maintenance of said service; and

WHEREAS, Idaho Code § 31-1608 grants the board of county commissioners the authority to adopt, by the unanimous vote of the commissioners, a resolution stating the facts constituting an emergency requiring the immediate preservation of order or of public health or for the restoration to a condition of usefulness of public property, or to meet mandatory expenditures required by law, and enter the same upon its minutes; and

WHEREAS, Idaho Code § 31-1608 grants the board of county commissioners the authority to make the expenditures necessary to investigate, provide for and meet the emergency identified in the resolution; and

WHEREAS, Idaho Code § 67-2806(2) requires an open competitive sealed bid process be utilized for the purchase or lease of personal property valued in excess of $50,000.00, unless the procurement is specifically exempted under I.C. § 67-2803; and

WHEREAS, Idaho Code § 67-2808 authorizes the board of county commissioners to declare that "an emergency exists and that the public interest and necessity demand the immediate expenditure of public money if . . . [i]t is necessary to do emergency work to safeguard life, health or property" and expend compliance with formal bidding procedures;

WHEREAS, the board of county commissioners makes the following findings of fact:
a) the proposal from Elmore Medical Center to provide ambulance services for Elmore County is in the best interests of Elmore County;
b) the proposal requires the county purchase two (2) ambulances to provide the ambulance services to Elmore County;
c) the ambulances will require approximately four (4) to six (6) months for delivery if they are ordered immediately;
d) the ambulances may be ordered from Sawtooth Emergency Vehicles, an Idaho company that obtains ambulances;
e) on September 8 and October 6, 2008, the Board spoke with Jim Lemieux, Sawtooth Emergency Vehicles, and was advised that various Idaho political subdivisions, including Ada and Canyon Counties have purchased ambulances through his company;
f) the county has entered into a contract extension with its current ambulance services provider effective through March 31, 2009;
g) Elmore Medical Center will provide ambulances services to Elmore County effective March 30, 2009;
h) the competitive bid process required by I.C. § 67-2806(2) will extend the time needed to obtain the necessary two (2) ambulances beyond March 30, 2009; and
i) if the county does not act immediately, the county will not have ambulances available to provide ambulance services to Elmore County at the commencement of Elmore Medical Center's term of service.

BE IT THEREFORE RESOLVED, the Board of Elmore County Commissioners deems it appropriate to order and declare that an emergency exists and it is necessary to procure the ambulances immediately through Sawtooth Emergency Vehicles.

BE IT FURTHER RESOLVED 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 14th day of October 2008.

Chairperson Arlie Shaw
Commissioner Connie Cruser
Commissioner Larry Rose
ATTEST: Marsa Grimmett, Elmore County Clerk

Motion by Rose, second by Shaw, to approve and sign Resolution No. 413-08.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve and sign the Contract for County Fuel between Elmore County and Hiler Brothers Company.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

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