COMMISSIONERS MINUTES                                OCTOBER 27, 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 hearing were Chairman Arlie Shaw, Commissioners Connie Cruser and Larry Rose. Also present was Deputy Clerk Barbara Steele.

Motion by Shaw, second by Cruser, to approve the minutes for October 20, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the expenses in the amount of $159,137.26. Discussion followed.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Discussion followed on repairs to the Pine/Featherville ambulance.

Marty Jones, Central District Health, appeared before the Commissioners for his monthly update. Discussion followed on the proposed Glenns Ferry Transfer Station and possibly having to dig another trench for solid waste until the Transfer Station is finished. The Crane Brothers will be in at 11:30 today. Mr. Jones stated he would come back at that time. Lot splits were discussed.

Civil Attorney Richard Roats joined the meeting.

The Department Head monthly meeting was held.

Sheriff Rick Layher appeared and presented the Board with a lease on a house in Pine/
Featherville for the Sheriff’s office to use as a sub-station. Civil Attorney Roats will review the lease.

Bonnie Sharp, Growth and Development Director, appeared. Ms. Sharp explained a request from Alternate Energy Holdings, Inc requesting the withdrawal of the Development Application. Ms. Sharp gave the Board a letter from Attorney Phil Miller stating the Planning and Zoning Commission will include the withdrawal request during their deliberations. Civil Attorney Roats read the County Ordinance regarding Development Applications. Alternate Energy Holdings is also requesting a refund of the Development Application fee. The work on the Development Application has already been performed and the Commissioners questioned refunding any fees to Alternate Energy Holdings. Ms. Sharp stated building permit totals were down.

Monica Halliday, Juvenile Probation, appeared and discussed Community Service and Juveniles. A program with off duty City Officers was reviewed by Ms. Halliday. Discussion followed on liability issues regarding Community Service.

Wade Baumgarder, Veteran’s Service Officer, appeared and gave the Commissioners a written report of current activities in the office. Mr. Baumgardner stated an outreach program was conducted in the Pine/Featherville area. Since the last meeting the office has assisted 25 veterans, spouses and retirees. Mr. Baumgardner also reported on the success of the screening of the “Lioness” by Idaho Independent Television working with the American Legion as a community effort.

Mir Seyedbagheri, Extension Agent, appeared and gave the Board a summary of accomplishments. The summary included finishing the Potato Pink Rot survey in cull potatoes, attending and speaking at a meeting about the economic impact of agriculture in Elmore County to the Glenns Ferry Economic Council and giving 3 talks on the summary of accomplishments for the mosquito abatement program. Other accomplishments were also listed.

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.

A small break was taken. Regular session resumed, no action was taken as result of the Executive Session.

Jennifer Crogg, Adult Misdemeanor Probation, appeared and gave a monthly report which included how many open cases the Department has.

Kelli Fairless, Executive Director of Valley Regional Transit and Liisa Itkonen with Community Planning Association of Southwest Idaho (COMPASS) appeared before the Board. Ms. Fairless explained the Idaho Mobility and Access Pathway (IMAP). The Board was given a handout. Ms. Fairless stated coordination for enhanced transportation services is important. The Idaho Department of Transportation (ITD) is spearheading the planning process and has provided funding to Valley Regional Transit for their assistance. Ms. Fairless stated they would like to have individuals from the Community who would like to be involved in the process, attend meetings and give input on public transportation and other modes of transportation throughout the State of Idaho. The Commissioners thanked Ms. Fairless and Ms. Itkonen for coming.

Motion by Shaw, second by Rose, to transfer $100,000.00 from Pilt funds to the Elmore County Ambulance District.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the Ambulance District expenses in the amount of $2,400.00. $1,400.00 to Pine Resort for rent and $1,000.00 to Allen Kiester for building renovations.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Andy Brunelle, Forest Service, and Bob Baker, Resource Advisory Committee (RAC) for SW Idaho, appeared to discuss Forest Service payments to Counties and the decision Elmore County needs to make on allocations to Title I, Title II, and Title III. Mr. Brunelle explained the limit of percentages regarding how much money the County receives. Discussion followed on what the funds will be limited to and that the County will have to provide an annual report on how the Title III money was spent. Any funds put aside for Title III will be deducted from PILT Funds. Commissioner Cruser asked about the volunteer ambulance service in the Pine/Featherville area and could that be funded. Mr. Brunelle stated portions of emergency services in that area can be funded. Mr. Baker said there were very few applications for the Title II funds from Elmore County. Noxious weeds and storage of pesticides were discussed along with the renovations made to the building that houses the pesticides. Mr. Baker encouraged the Commissioners to make applications to the RAC for Title II projects. A percentage of Title II funds have to be spent on roads and trails on Forest Service property. The Commissioners will make a decision on the percentage of Title II and Title III funds later in the day.

Alan and Adam Crane, Snake River Rubbish, Marty Jones, Central District Health, Fred Perez, Idaho Waste Systems, Inc., and Chas Arris, Centra Consulting, appeared before the Board to discuss digging another trench at the Glenns Ferry Landfill. Dumping at the landfill was discussed and Mr. Jones stated not compacting the daily waste fills up trenches earlier than predicted. Better monitoring is needed on solid waste being dumped on the days the site is closed. Having special days for citizens to dump hazardous waste was discussed. More Commercial waste has been dumped recently in the Glenns Ferry Landfill. Chairman Shaw stated a time line needs to be established on the construction of the Glenns Ferry Transfer Station. Mr. Perez stated he was not sure but predicted next summer. Digging one more trench and charging for Commercial waste was discussed. Mr. Perez will help with the structure of fees that will be charged for Commercial Waste. Centra Consulting will go to the Glenns Ferry Landfill and show the Crane Brothers where they can dig the trench. Mr. Perez will go compact the current solid waste at the sight making more room while the trench is being worked on. The Crane brothers will work on an estimate of costs for digging the trench. Mr. Jones will work on the amendment to the operations plan for processing Commercial waste.

Motion by Shaw, second by Rose, to recess for lunch.
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.

A hearing was held on K-05-08-04. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Clerk Barbara Steele, the Applicant and his wife. Ms. Bate gave an overview of the case. Motion by Rose, second by Cruser, to continue the case to November 10, 2008 to obtain more information as the County may not be the last resource and indigency has not been determined.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to close the hearing on K-05-08-04.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-09-08-06 Motion by Shaw, second by Rose, to deny as not indigent, not last resource, no interview or documentation, unable to determine as applicant has not cooperated.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-09-08-07 Motion by Cruser, second by Rose, to deny as not indigent, not last resource, no interview or documentation, unable to determine indigency.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-09-08-08 Motion by Rose, second by Cruser, to deny as not indigent, not last resource, no interview or documentation, unable to determine indigency.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-11 Motion by Rose, second by Shaw, to approve with a reimbursement order of $50.00 per month and assignment of 50% of income tax returns.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Prosecutor Kristina Schindele joined the meeting.

The letter received from Alternate Energy Holdings, Inc, requesting the withdrawal of the Development Application and requesting a refund of the Development Application fee was discussed with Prosecutor Schindele.

The Elected Officials met for their regular monthly meeting. Present were Prosecutor Schindele, Assessor Jo Gridley, Clerk Marsa Grimmett, Treasurer Rose Plympton, Sheriff Rick Layher and Sergeant Laytreda Schultz.

Assessor Jo Gridley reported on the ICRMP Meeting in Idaho Falls and County employment regarding Veterans. Spouses of County employees are prohibited to contract with the County. Workman’s Comp and how it is processed was discussed. The County should have a clear policy on time keeping for exempt employees.

Treasurer Rose Plympton appeared and stated her office was busy with the tax drive.

Clerk Marsa Grimmett reported absentee voting is taking place in her office. The Western Elmore County Recreation District Election was discussed. The Clerk has denied the District’s request to count their ballots at the Courthouse and all Elected Officials agreed. Commissioner Cruser asked about return postage on the absentee ballots that were mailed. Clerk Grimmett explained that is no longer a requirement. Commissioner Cruser stated she felt the County should have put return postage on the absentee ballots.

Commissioner Cruser suggested a drop box in the front of the Courthouse. Discussion followed on time sensitive material being dropped off and the need for that material to have a postmark.

Commissioner Cruser asked if a background check was done on new hires in the Sheriff’s Office. Sheriff Layher stated they do perform a background check. Commissioner Cruser stated she would like to see a background check for all new employees along with drug testing.

Information Technology (IT) issues were discussed with the Elected Officials. Sheriff Layher asked if ESI could service the Sheriff’s Dept instead of Stephenson’s Computers. The Commissioners told the Sheriff it was his decision. Sheriff Layher stated ESI would charge approximately $500 a month and he will call ESI and request their services.

Chairman Shaw stated he would like a Request for Proposal (RFP) on the proposed transfer station at the Glenns Ferry Landfill. A Request for Bid (RFB) was also requested regarding the food contract for the Elmore County Jail. Prosecutor Schindele will prepare both the RFP and the RFB.

Commissioner Rose asked about the letter from Clerk Grimmett on the L-2 explaining an error. Clerk Grimmett responded the urban renewal values made a difference. Assessor Gridley explained the breakdown of the levy on urban renewal.

Commissioner Cruser asked Sergeant Laytreda Schultz if their department would like to lease the current ambulance storage facility in the Pine/Featherville Area for boat storage. Sergeant Schultz stated they would think about it.

Chairman Shaw signed the Lease Agreement between Elmore County and Wes and Jon Dodge to cover the rental property located in Pine/Featherville for the sheriff’s sub-station.


Chairman Shaw read the Notice of Public Hearing into the record to re-open the Ramco Design, LLC
public hearing: NOTICE IS HEREBY GIVEN that on Monday October 27, 2008 at the hour of 4:00 p.m. in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho, a public hearing will be held to re-open the public hearing held on September 8, 2008 on two applications from Ramco Design, LLC. The first application is for a Zoning District Amendment for approximately 320 acres from Agriculture A Zone (Ag A) to Light Manufacturing (M1) Zone. Site is located in the West ½ of Section 12, Township 2 South, Range 4 East, B.M. A more common means of locating this site from the intersection of the railroad tracks and Simco Road proceed South on Simco Road approximately 1 mile to NW Waste Site Dr. Turn east on NW Waste Site Dr. for approximately 1 mile. The property is located on the South side. The second application is for a Zoning District Amendment for approximately 320 acres from Agriculture A Zone (Ag A) to Light Manufacturing (M1) Zone. Site is located in the Township 2 South, Range 4 East, West ½ Section 22, B.M. A more common means of locating this site is from the intersection of the railroad tracks and Simco Road, proceed South on Simco Road approximately 3 miles to Harper Rd. Turn West on Harper Road for approximately ½ mile. The property is located on the North side.

The Elmore County Planning and Zoning Commission recommended approval of the two Zoning District Amendments. The Elmore County Commissioners held a public hearing on September 8, 2008, and initially accepted the recommendation of the Commission. Upon review of the record, the Board has determined several factual questions remain unanswered; therefore, the Board moved to re-open the public hearing and schedule another public hearing to address the unanswered questions posed by these two applications. The Growth and Development Department shall prepare an updated staff report. The applicant, affected persons and members of the public are invited to attend to address the Board.

Chairman Shaw stated the reasons why the public hearings was being re-opened, the question of the ownership of the land and easements.

Spencer Hafen, Ramco Design LLC representative, apologized regarding the confusion on the land ownership but stated that information regarding land ownership was discussed extensively in the Planning and Zoning Commission meetings and did not know why it didn’t make it into the Commissioners file. Prosecutor Schindele stated there was a discrepancy in the staff report from the Growth and Development Department and that is the point of clarification to be made. Mr. Hafen asked if everyone knows who owns the land now and the reply was yes. Mr. Hafen explained support is needed from Union Pacific before other contracts are negotiated. Mr. Hafen stated easements run with the land that they have a purchase option on. Chairman Shaw and Commissioner Rose stated getting approval from Idaho Waste Systems should be one of the first steps. Chairman Shaw asked Ms. Sharp if any of these questions came up in the Planning and Zoning Commission meeting and she stated no. Discussion followed on the issue of Idaho Waste Systems being contacted regarding the project. Chairman Shaw stated an agreement with Idaho Waste Systems and Union Pacific might be a requirement before the re-zone would be considered for approval. Mr. Hafen questioned the kind of agreement he might be able to obtain as there are no specifics at this time.

Fred Perez, Idaho Waste Systems, Inc., explained an approved concept design was needed from Union Pacific and what they will require. Mr. Perez explained that was the process Pacific Hide and Fur followed when they opened their business.

Chairman Shaw stated he felt the Board got ahead of themselves by approving the re-zone request and if Union Pacific doesn’t approve the project then the land would revert back to Ag A. Mr. Hafen stated they would change their plan to an industrial park without the rail. Ms. Sharp stated once the land is rezoned then the permitted uses would be based on the County’s Matrix. Prosecutor Schindele looked at the matrix regarding conditional uses in Light Industrial areas. Mr. Hafen stated this application is one step in the process of this project. Commissioner Shaw asked what Ramco Design LLC is. Mr. Hafen stated Ramco is a Nevada Limited Liability Company (LLC). Registered Agent for the LLC is John R. Erickson, 1349 Galleria Drive, Suite 200, Henderson, NV, 89014. Discussion followed and a decision will be made at a later date.

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

The Resolution for Title I, Title II and Title III allocations was discussed. Motion by Rose, second by Cruser, to read the Resolution by title only and adopt Resolution 414-08 in the Matter of the FFY 2008 Elections for National Forest Related Safety-Net Payments.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

BEFORE THE BOARD OF COMMISSIONERS
FOR ELMORE COUNTY

In the Matter of the FFY 2008 )
Elections for National Forest ) RESOLUTION NO. 414-08
Related Safety-Net Payments )

WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires that 25 percent of the revenues derived from National Forest lands be paid to states for use by the counties in which the lands are situated for the benefit of public schools and roads; and

WHEREAS, the principal source of revenues from National Forest lands is from the sale and removal of timber, which has been curtailed in recent years with a corresponding decline in revenues shared with counties; and

WHEREAS, the United States Congress recognized a need to stabilize education and road maintenance funding through predictable payments to the affected counties, and to achieve that goal enacted the Secure Rural Schools and Community Self-Determination Act of 2000, which has been amended and re-authorized for FFY-2008-2011 (“SRS2008”); and

WHEREAS, Title I of SRS2008 gives each eligible county the right to elect to receive either its traditional share of revenues from the National Forest lands pursuant to the Act of May 23, 1908 and Section 13 of the Act of March 1, 1911 (the “25-percent payments”), or instead to receive a guaranteed minimum share of the State payment pursuant to Sections 102(a)(1)(B) and 103 (the “full county payment amount”); and

WHEREAS, an election to receive the full county payment amount is effective for all federal fiscal years through FFY2011, and an election to receive a 25-percent payment is binding for two years; and

WHEREAS, any county electing to receive a full county payment amount that is $100,000 or more must further elect to expend an amount not less then 15 percent nor more than 20 percent of its full county payment amount as project funds; and

WHEREAS, Title I, Section 102(d) of SRS2008 requires that counties electing to receive a full county payment amount of $100,000 or more must allocate its project funds for between projects in accordance with Title II and Title III, and return the balance of project funds unspent under Titles II and III to the Treasury of the United States, and communicate such allocation to the Secretary of the United States Department of Agriculture; and

WHEREAS, Title II provides for special projects on federal lands or that benefit resources on federal lands, which projects are recommended by local resource advisory resources on federal lands, which projects are recommended by local resource advisory committee (“RACs”); and

WHEREAS, RAC’s recommend projects for consideration by the Secretary of Agriculture, with project funding supplied in whole or in part out of monies allocated for such purposes by participating counties; and

WHEREAS, counties that allocate funding to projects under Title II, and are participants in more than one RAC, may further direct that their Title II project funds be divided between different RACs according to an allocation decided by each participating county, with such funds held in the Treasury of the United States under the name of the county with a designation of the amount allocated to each RAC; and

WHEREAS, Title III provides for county projects, some of which are associated with federal lands, with Title III authorizing expenditures for search, rescue and emergency services, fire prevention and planning under the Firewise Communities program, and development of community wildfire protection plans; and

WHEREAS, a county with a full county payment amount of $350,000 or more may not allocate more than 7 percent of its full county payment amount for Title III projects.

NOW, THEREFORE, be it resolved as follows:

1. Elmore County hereby elects to receive the guaranteed minimum full county payment amount pursuant to SRS2008 Sections 102(a)(1)(B) and 103.
2. Elmore County has elected to receive a full county payment amount that is $100,000 or more, and hereby allocates 15 percent (Note this entry must be not less than 15 percent and not more than 20 percent) of its full county payment for expenditure on projects under Title II and Title III. Elmore County will return none (zero percent) of its full county payment amount to the Treasury of the United States.
3. Of the percent allocated to Title II and Title III projects above in paragraph 2, Elmore County further allocates between such Titles for FFY 2008 (for expenditure after FFY 2008) on the following basis: 15 percent of full county payment amount for expenditure on Title II projects and 0 percent of the full county payment amount for expenditure on Title III projects. (Note: Combined entries for allocations between Title II and Title III must add up to equal percent inserted in election number 2 above. If your full county payment amount is $350,000 or more, the entry for Title III cannot exceed 7 percent).
4. The original or a copy of this Resolution shall be transmitted to Sharon Burke at sburke@idcounties.org or fax to (208) 345-0379 by October 31, 2008.

ADOPTED this 27th day of October, 2008.

ELMORE COUNTY BOARD OF COMMISSIONERS
/S/ ARLIE SHAW, Chair
/S/ CONNIE CRUSER
/S/ LARRY E. ROSE

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