COMMISSIONERS MINUTES                                January 5, 2009


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 meeting were Chairman Arlie Shaw, Commissioners Larry Rose and Connie Cruser. Also present was Deputy Clerk Barbara Steele.

Greg Maurer, Elmore Medical Center Director, Dale Curran, Elmore Ambulance Service Manager, Debra Mills and Betty VanGheluwe, Elmore Medical Center, appeared before the Board and discussion followed on the interim ambulance shelters and the size of the ambulances. The need for staff quarters was discussed. Proposed interim quarters in the Specialty Clinic would be $300 per month to include all utilities. Other options were discussed as the Specialty Clinic would be temporary.

The County’s current ambulance that needs a new transmission was discussed. That ambulance will be inspected and possibly be repaired. A future permanent ambulance shelter and staff quarters were discussed.

Bonnie Sharp, Growth and Development Director, appeared before the Board.

Motion by Shaw, second by Cruser, 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.

Regular session resumed. No action was taken as result of Executive Session.

Vivian Garcia, Election Clerk, appeared before the Board and presented the Commissioners with a petition to dissolve the Tipanuk Fire Protection District. The Commissioners will have Prosecutor Schindele review the petition and if it is acceptable a public hearing date will be set.

Fire Chief Phil Gridley appeared and stated his department has responded to the Tipanuk area to fight fires and that will no longer be the case.

A small recess was taken.

Alan and Adam Crane, Snake River Rubbish, appeared before the Board to discuss the arrangements for dumping household garbage as the Glenns Ferry Site will be a garbage collection site. Fuel costs were discussed. Having some type of emergency radio for Snake River Rubbish to use in the Atlanta area was discussed. The Commissioners will check with the Sheriff. The Commissioners would like an approximate tonnage from Snake River Rubbish and would like to visit with Marty Jones, Central District Health, before making any decisions. Discussion will follow at the next regular meeting on January 12, 2009.

Motion by Rose, second by Shaw, to recess for lunch and inspect the Jail.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Shaw, second by Cruser, 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.

K-11-08-05 Motion by Cruser, second by Shaw, to deny as not indigent, not last resource, incomplete billing.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-11-08-07 Motion by Shaw, second by Rose, to deny as not indigent, not last resource, incomplete billing.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-11-08-08 Motion by Shaw, second by Rose, to deny as not indigent, not last resource, incomplete billing.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-07-08-04. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Clerk Marsa Grimmett, and the applicant. Ms. Bate gave an overview of the case. Motion by Shaw, second by Rose, to approve case K-07-08-04 with a reimbursement order of $300.00 per month and half of yearly Federal and State Income Tax returns.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Rose, second by Shaw, to approve the minutes for December 22, 2008. Two corrections were made.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Shaw read the Certificates of Residency into the record: Sadie Lynn Timmons and Kyle Zachary Moore. Motion by Rose, second by Shaw, to approve the Certificates of Residency as read.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to set a public hearing date for Tuesday, February 17, 2009 at 3:30 p.m. for two ordinances on the Ramco Rezone request.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to set a public hearing date for the Taylor/O’Dell Appeal for Tuesday, February 17, 2009 at 4:00 p.m.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The request for several lot splits in the Anderson Ranch Bluff’s Survey were discussed. The applications list Anderson Ranch Bluffs Subdivision. The correct title, per Bonnie Sharp, Growth and Development Director, is Anderson Ranch Bluff’s Survey. The Commissioners asked Ms. Sharp to clarify to the owners that it is not a subdivision.

Motion by Shaw, second by Rose, to approve the four lot letter of information (LOI) lot split for Michelle Loesby and Janelle Curtis, Anderson Ranch Bluffs Survey, Tract 5.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the four lot letter of information (LOI) lot split for Mike Burkett, Michelle Loesby, and Janelle Curtis, Anderson Ranch Survey, Tract 27.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the four lot letter of information (LOI) lot split for Mike Burkett, Michelle Loesby, and Janelle Curtis, Anderson Ranch Survey, Tract 26.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the four lot letter of information (LOI) lot split for Mike Burkett, Michelle Loesby, and Janelle Curtis, Anderson Ranch Survey, Tract 25.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the four lot letter of information (LOI) lot split for Mike Burkett, Michelle Loesby, and Janelle Curtis, Anderson Ranch Survey, Tract 24.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the four lot letter of information (LOI) lot split for Mike Burkett, Michelle Loesby, and Jannelle Curtis, Anderson Ranch Survey, Tract 23.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the four lot letter of information (LOI) lot split for Mike Burkett, Michelle Loesby, and Janelle Curtis, Anderson Ranch Survey, Tract 22.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the four lot letter of information (LOI) lot split for Casa Del Norte, LP, Tract 2 of ROS Instrument No. 400957 in Gov’t. Lot 4, Section 3, T6S, R11E, known as Parks Loop with the additional condition that they maintain a legal fence between these lands and open range.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the four lot letter of information (LOI) lot split for Casa Del Norte, LP, a portion of Sections 1 & 12, T6S, R11E, located south of the Union Pacific Rail Road and west of Base Line Road (a Bliss Highway District Road) known as Ticeska #1 with the additional condition that they maintain a legal fence between these lands and open range.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the two lot letter of information (LOI) lot split for Casa Del Norte, LP, a portion of Section 1, T6S, R11E, located north of the Union Pacific Rail Road and east of Base Line Road (a Bliss Highway District Road) know as Ticeska #2 with the additional condition that they maintain a legal fence between these lands and open range.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the two lot letter of information (LOI) lot split for Casa Del Norte, LP, a portion of Section 1, T6S, R11E, located north of the Union Pacific Rail Road and west of Base Line Road (a Bliss Highway District road) known as Ticeska #3 with the additional condition that they maintain a legal fence between these lands and open range.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The resolution to form a CAFO Siting Advisory Committee was discussed.

Motion by Shaw, second by Cruser to approve and sign the resolution to form a CAFO Siting Advisory Committee per an application submitted by TLK Dairy for an expansion of an existing dairy to permit an additional 9,160 animals (8,260 milk cows and 900 dry cows).
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

RESOLUTION 417-09

A RESOLUTION BY THE ELMORE COUNTY BOARD OF COMISSIONERS REQUESTING THAT THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE FORM A CAFO SITING ADVISORY COMMITTEE

WHEREAS, Idaho Code §§ 67-6529D(2) and 67-7529E authorize a Board of County Commissioners to request the request the Director of the Department of Agriculture to form a CAFO advisory siting team to make a suitability determination on a proposed CAFO site, and specifies certain information to be submitted with that request; and

WHEREAS, Elmore County has received a CAFO siting permit application submitted by TLK Dairy for an expansion of an existing dairy to permit an additional 9,160 animals (8,260 milk cows and 900 dry cows); and

WHEREAS, the Elmore County Board of Commissioners desires that Elmore County take advantage of the scientific expertise and experience available to the State of Idaho to properly make a decision on the suitability of the proposed CAFO as allowed by Idaho Code § 67-6529G; and

WHEREAS, the Elmore County Board of Commissioners met in regular meeting on January 5, 2009, and considered the above matters.

IT IS HEREBY RESOLVED BY ELMORE COUNTY BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS, THAT:

1. Elmore County requests that the Director of the Department of Agriculture form a CAFO siting advisory team or teams to provide suitability determinations on the proposed site for the above-named CAFO expansion application as provided by the above-referenced statute(s).
2. The Elmore County Growth and Development Department shall comply with IDAPA 02.04.18.300 concerning the contents of the request to form a site advisory team. All information submitted to Elmore County in the application for the above-named CAFO proposal and any other information received from the applicants previously or in the future is hereby incorporated into this Resolution and shall be provided to the Department of Agriculture.
3. All employees and appointed officials of Elmore County shall cooperate with the CAFO siting advisory team to render any assistance or provide any additional information needed.

PASSED, at a regular meeting of the Elmore County Board of County Commissioners in the City of Mountain Home, County of Elmore, State of Idaho, held on the 5th day of January 2009, upon which roll call vote was duly taken and said RESOLUTION AND ORDER duly passed by a unanimous vote.

The original Resolution shall be filed with the County Clerk. A copy shall be forwarded to the Department of Agriculture with the appropriate request to form a CAFO site advisory team and attachments.

ELMORE COUNTY BOARD OF COMMISSIONERS

BY: Arlie Shaw, Chairperson
BY: Larry E. Rose, Commissioner
BY: Connie Cruser, Commissioner
ATTEST: Marsa Grimmett, Clerk

The Petition to dissolve the Tipanuk Fire Protection District was reviewed by Prosecutor Schindele and accepted by the Commissioners. A public hearing date was set for February 9, 2009 at 3:00 p.m. The public hearing notice will be published 3 consecutive weeks.

The public portion of the meeting was held. No public appeared.

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.

Regular session resumed. No action was taken as result of the Executive Session.

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