COMMISSIONERS MINUTES                                November 17, 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 Larry Rose and Connie Cruser. Also present was Prosecutor Kristina Schindele and Deputy Clerk Barbara Steele.

The first item on the agenda was to speak with Attorney Jerry Mason regarding setting public hearings on the re-zone request from Alternate Energy Holdings Inc. (AEHI). Mr. Mason was phoned and put on speaker phone to discuss with the Commissioners how the public hearings would be structured. Mr. Mason suggested having one hearing on the re-zone question alone. There was a great deal of time at the Planning and Zoning Commissions public hearings discussing Nuclear Power. Mr. Mason suggested testimony be limited to a question such as: “would the site in question be an appropriate industrial site”. The recommendation from the Planning and Zoning Commission was that the site was not an appropriate industrial site using the County’s current comprehensive plan. Mr. Mason suggested the best path to take was to separate the re-zone question from the development agreement and conditional use permit. The Commissioners and Mr. Mason agreed that sometime after the first of the year would be a good time to schedule the public hearing as the Commissioners will be receiving a lot of information to be reviewed from the Growth and Development Department. Motion by Rose, second by Cruser, to tentatively set the date for February 4, 2008, time and place to be determined at a later date. Discussion followed on a time limit for written testimony to be received. Mr. Mason and Prosecutor Schindele will discuss the contents of the public hearing notice.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Liz Woodruff, Snake River Alliance, spoke to the Board regarding how to separate the re-zone request from the proposed use. Prosecutor Schindele stated this was not the forum to discuss the issue and clarification of the issue will be addressed in the public hearing notice. Katherine Brown asked if the County was planning on amending the current Comprehensive Plan. The Commissioners replied no. Prosecutor Schindele asked Bob Knight, Growth and Development Planner, when the record would be ready from the Growth and Development Office. Mr. Knight replied the last transcript would be done by the end of the week.

A small recess was taken. Regular session resumed.

Chairman Shaw read a Certificate of Residency into the record: Diane S. Gaines. Motion by Rose, second by Cruser, to approve the Certificate of Residency and have the Chairman sign.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Glenns Ferry Mayor Joanne Lanham, Lydia Thompson and Dave Pember, Glenns Ferry City Council Members, Sheriff Rick Layher and Chief Deputy Nick Schilz appeared to discuss the contract between the City of Glenns Ferry and Elmore County for law enforcement services. Ms. Lanham brought the proposed contract including minor changes which she reviewed. Discussion followed on the service that was provided from the Sheriff’s office to the City of Glenns Ferry and the breakdown of the costs. Mayor Lanham stated the County is not paying their fair share for the service of having the City and County services combined. Discussion followed on how the contract was originally set up and what the increase would be over the years at 3% and it is more than what Glenns Ferry is currently paying. Mayor Lanham stated she would like the contract reduced by $3,200, which is what they are paying for a code enforcer. The cost of having an officer in Glenns Ferry full time was discussed. The City of Glenns Ferry will decide what type of coverage they want and how much they are willing to pay for the service received. The City of Glenns Ferry will revise the Contract to be sent to the Clerk’s Office. The Contract will be reviewed by the Commissioners and negotiations will follow. Motion by Shaw, second by Cruser, to reduce the contract by $3,200 for fiscal year 2009 as the City of Glenns Ferry is paying that amount per year for a Code Enforcer.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Alan Roberts, Mountain Home Extrication, appeared before the Board to request the annual transfer of $10,000 to the Mountain Home Extrication line item. The Commissioners instructed Deputy Clerk Steele to handle the transfer. Mr. Roberts also asked if the Commissioners could prepare a letter stating Mountain Home Extrication is a volunteer entity of the County. Deputy Clerk Steele will prepare the letter. Building an addition/extension on the Emergency Services/Extension Agent building was discussed.

Motion by Rose, second by Cruser, 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) to meet with Social Services Director Marianne Bate. Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The following decisions were made:

K-09-08-10 Motion by Shaw, second by Rose, to deny as no interview, no documentation, not last resource, applicant has Medicaid and Medicare and the address on the application does not exist.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-06 Motion by Rose, second by Shaw, to deny as unable to determine if indigent, no interview or documentation, third party application with no releases signed, not last resource as Medicaid or auto insurance may be last resource.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-07 Motion by Rose, second by Shaw, to deny as not a resident of the County or State, the applicant is not eligible for indigent assistance as the applicant was only in the State for 7 days prior to the date he received medical services.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-08 Motion by Rose, second by Cruser, to deny as incomplete, unable to determine indigency, no cooperation from the applicant and no release for information received.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-12 Motion by Rose, second by Cruser, to deny as the applicant is choosing to withdraw her application, is not cooperating, and does not want Elmore County to assist in paying the medical bills.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-06-08-03. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Clerk Barbara Steele, the applicant, and Terry Doyle, from Cardon Health Care on behalf of St. Lukes Magic Valley Regional Medical Center. Ms. Bate reviewed the case with those present. Ms. Doyle gave a brief statement on behalf of the applicant. The applicant also spoke and gave a statement on the case. The hearing was closed.

Regular session resumed.

Fred Tilman, Ada County Commissioner, Megan Rush, Ada County Planner III, and Jay Gibbons, Ada County Planning and Zoning Administrator, appeared before the Board. Also present was Bob Knight and Beth Westerwele, Elmore County Growth and Development Planners. Chairman Shaw stated Elmore County is searching for a Qualified Planner. A possible agreement with Ada County for a Qualified Planner was the topic of discussion. Commissioner Tilman stated due to the economy there are many qualified planners available in the market place now. Commissioner Cruser stated we only received two applications at the time we went out for bid. Mr. Tilman stated Ada County is making revisions to their Planned Communities Ordinance regarding up front fees. The requirement of in depth studies in step 1 of their process will be revised in their Ordinance. Having a pay as you go policy will be one change. Discussion followed that having Ada County and Elmore County working together would be beneficial as some of the Planned Communities border the two Counties. Chairman Shaw asked Mr. Knight how many applications Elmore County currently has. Mr. Knight stated the County has two. Ms. Rush stated Ada County can help with the process of the Planned Communities in any aspect the County would need. Discussion followed and an agreement will be created to have Ada County assist Elmore County with the Planned Developments.
The public portion of the meeting was held. Dennis Ryder and Spencer Hafen, Ramco Design, LLC. appeared before the Board. Mr. Ryder stated he has purchased property in Elmore County and expressed interest in building a Planned Community in a few years. Water treatment plants were discussed. Mr. Ryder also has property in Nevada he has developed. General discussion followed on the economy and the Commissioners thanked Mr. Ryder for introducing himself to the Board.

Sherene Flukiger appeared before the Board regarding the Vanilla Sun Subdivision Appeal. The Commissioners told Mrs. Flukiger the hearing had been closed and no further information could be received at this time.

The public hearing tentatively scheduled for February 3, 2008 on the rezone request from AEHI will be rescheduled as there are two conflicting meetings that day. The item will be put back on the agenda for November 24, 2008.

Sheriff Layher appeared and general discussion followed on current events.

Correspondence received by mail was reviewed.

Noe Garza, Elmore County Code Enforcer, appeared before the Board to discuss the bilingual services he provides for the County. Mr. Garza is asking for compensation in his salary for the service. Mr. Garza has added it to his job description to be reviewed by the County’s Salary Survey Company, BDPA, Inc. The Commissioners stated they would discuss the issue at a later date.

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