COMMISSIONERS
MINUTES February
9, 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 the meeting were Chairman Larry Rose, Commissioners Arlie Shaw and
Connie Cruser. Also present was Deputy Clerk Barbara Steele.
Motion by Rose, second by Cruser, to approve the minutes for February 2, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to approve the expenses. Discussion followed on
different areas that budgets could be reduced. A pre-approval by the
Commissioners on any expense item over $500.00 will be required. A memo will be
prepared and distributed to each Department. Total expenses $393,075.22.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, to approve the payroll for January 2009 in the
amount of $400,425.55.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Shaw, to approve the Ambulance District Expenses in
the amount of $39,752.45. Northwest Paramedic Associates $36,279.10, Pine Resort
LLC $650.00, Norco $190.20, Intermountain Communications $66.25 and Cory’s Pro
Auto $2,566.90.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve the Recorder’s Office Report and
the Bail Bond Report for the record only.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Tracey Mangrum from the Prosecutor’s Office appeared and discussion followed on
mental holds and what options the County has.
Chairman Rose read the Certificates of Residency into the record: Jonathan
Michael Greenfield and Mark A. Chilson. Motion by Cruser, second by Rose, to
approve the Certificates of Residency as read.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Bonnie Sharp, Growth and Development Director, appeared before the Board to
discuss the advertisement for the director’s position as Ms. Sharp will be
retiring March 31, 2009.
The next item was the resignation of a Planning and Zoning Commission member and
filling the vacancy. An advertisement will be placed in the paper. Motion by
Shaw, second by Cruser, to accept the resignation of Courtney McNicol from the
Planning and Zoning Commission.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Ms. Sharp received a proposal from Bruce Wall regarding the Qualified Planner
position the County has available.
Motion by Rose, 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 the Executive Session.
Correspondence received by mail was reviewed.
Melinda Harper, Idaho Rural Water Association, appeared before the Board to
discuss public drinking water systems. Ms. Harper gave the Board a report
regarding high nitrate areas. Discussion followed on the availability of water
and the reasons for the high nitrate levels. Ms. Harper stated she did not see a
back flow prevention ordinance in our Comprehensive Plan. Discussion followed on
private well back flow enforcement. Public awareness and education regarding
safe drinking water was discussed. The Commissioners thanked Ms. Harper for the
information.
Teri Lasuen, Chief Deputy, Treasurer’s Office, appeared before the Board and
reported on the total number of tax payers that paid their taxes in full in
December of 2008.
Motion by Rose, second by Shaw, to recess for lunch.
ROSE - AYE
SHAW - 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 Cruser. Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Clerk Marsa Grimmett and Prosecutor Kristina Schindele were present.
The following decisions were made:
K-01-09-01 Motion by Cruser, second by Shaw, to deny as not indigent,
incomplete, no release of information, and non-cooperation from the applicant.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-01-09-04 Motion by Shaw, second by Cruser, to deny as not indigent per Idaho
Code regarding discretionary income.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-01-09-05 Motion by Rose, second by Cruser, to deny as not indigent per Idaho
Code regarding income and incomplete estimates.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Sheriff Rick Layher appeared and discussion followed on employees using the
internet and email for personal use. The Commissioners stated two memos have
been sent to the employees and there are no exceptions on personal internet and
email usage. Discussion followed on the video arraignment equipment at the jail
and Sheriff Layher stated it is still being worked on. Housing State inmates and
the cost was discussed.
At 3:00 p.m. a public hearing was held regarding a Petition received by the
Elmore County Commissioners on January 5, 2009, to dissolve the Tipanuk Rural
Fire Protection District, Township 2 South, Range 5 East, Sections 14-15 and
Sections 22-23. The public hearing will provide an opportunity for any taxpayer
within the fire protection district to appear and testify, present exhibits upon
any issue pertaining to the proposed dissolution of the fire district, or object
to or support the proposed dissolution. The Petition was available for public
inspection in the Office of the Clerk of the Board, Elmore County Courthouse,
150 South 4th East, Suite 3, Mountain Home, Idaho, during normal business hours,
Monday through Friday, 9:00 a.m. to 5:00 p.m.
Chairman Rose limited the testimony to three minutes per person.
Dean Reichert, 15279 Soles Rest Circle, Oasis, stated he did not reside within
the fire district boundaries. Prosecutor Schindele stated he could not speak.
Bob Ruth, 19950 N. Del Norte, Oasis, stated he did not reside within the fire
district boundaries. Mr. Ruth stated he had written testimony. Prosecutor
Schindele stated Mr. Ruth could not speak or hand in the written testimony.
Jolene Hobdey, 10844, W. Hobdey Lane, Oasis, also does not reside within the
fire district boundaries and was not allowed to speak.
William Bieroth, 10936 W. Desert Duck, Tipanuk, spoke in opposition to the
dissolution. Mr. Bieroth referenced the petition and stated the first three
reasons on the petition to dissolve the district were still under investigation
and he would not comment on them. Mr. Bieroth referenced the fourth reason which
was funding and stated the mill rate was set accordingly per other fire
districts. Equipment, training and funding are important. If the district was
dissolved the residents would be left to fight the fires themselves.
Ken Jones, 11153 W. Desert Duck, Tipanuk, spoke in opposition to the
dissolution. Mr. Jones read part of the written testimony he presented to the
Board: Idaho Protection District Code Title 31-1407 reads--- Any action
challenging the validity of a organization of a fire district must be commenced
within six months of entering the order, after the election neither a defect in
the petition nor in the number or qualifications of its signers constitutes
grounds for challenging the districts validity.
Thomas Thornsberry, 12449 W. Hisel Dr., Tipanuk, spoke in opposition to the
dissolution. Mr. Thornsberry referenced the first three reasons to dissolve the
fire district on the petition and that those three reasons are still under
investigation. Prosecutor Schindele referenced Idaho Code 31-1434 and stated the
reason for the public hearing is specifically to take testimony on dissolving
the Fire District and the Board will make the factual finding as to whether the
majority of the residents of the fire district will receive any benefit by
continuing the existence of the fire district. Mr. Thornsberry stated he felt
the residents would receive a benefit to having the fire district.
Venessa Stucky, Mountain Home News, stated she signed the sheet in error.
Bill Kelly, 8500 W. Martha Ave., Oasis, stated he was not allowed to speak, he
did not reside in the boundaries of the fire district.
Victoria Grimes, Tipanuk, asked if she could speak later in the meeting.
John Root, 10475 W. Desert Duck Ave., Tipanuk, spoke in favor of the
dissolution. Mr. Root stated he was one of the people who started the fire
department. Mr. Root briefly reviewed meetings that took place regarding the
mill levy. Mr. Root asked if he could read the elector qualifications and
Chairman Rose stated the time limit was up for his testimony. Mr. Root handed in
a testimony titled Elector Qualifications along with written minutes from the
Tipanuk Fire Protection District dated July 16, 2008.
Leslie Moore, 10199 W. Seabreeze Ave., Tipanuk, spoke in favor of the
dissolution. Mr. Moore stated a fire district cannot remove obstacles that
causes a fire. If residents would remove the obstacles there is no need for a
fire district. Bureau of Land Management (BLM) will fight the fires. Also Mr.
Moore stated he has not seen a list of physically able volunteers.
Joseph Oller, 11140 N. Faulkner Rd, Tipanuk, spoke in favor of the dissolution.
Mr. Oller stated he felt in the beginning people were led to believe it was to
be an all volunteer fire department. Mr. Oller stated there seems to be
confusion over whether it was a fire fighting unit, department or district. Mr.
Oller feels a fire district is not needed.
Christine Malota, 12638 Ditto Creek, Mountain Home, spoke in favor of the
dissolution. Ms. Malota stated a fire district is not needed as they fight fires
with their neighbors. Ms. Malota does not want to pay massive taxes.
John Malota, 12628 Ditto Creek, Mountain Home, spoke in favor of the
dissolution. Mr. Malota feels the whole firefighting issue has gotten out of
hand.
Borden Dixon, 9976 W. Seabreeze Ave., Mountain Home, spoke in favor of the
dissolution. Mr. Dixon stated he has tractors to fight fires on his property.
Mr. Dixon asked where the fire station and trucks were for the district.
Christopher Smith, 11564 W. Desert Duck Ave., Mountain Home, spoke in favor of
dissolving the district. Mr. Smith stated he feels most of the residents are in
favor on some sort of privately funded fire department but not a taxing
district. Mr. Smith also feels it is the homeowner’s responsibility to take care
of their own property and keep the fuels down, if there are no fuels there is no
fire. He also feels the district has failed to incorporated the will of the
people in any decisions they have made. Mr. Smith questioned where the district
records were kept and the official address of the District.
Terry Allred, 11382 Desert Duck, Mountain Home, spoke in favor of the
dissolution. Mr. Allred stated residents don’t clear their properties of weeds.
Mr. Allred stated he was unhappy with the district meetings that have taken
place.
Scott Wagner, 9937 W. Seabreeze Ave., Mountain Home, spoke in favor of
dissolving the district. Mr. Wagner stated the creation of the district is in
question. Mr. Wagner stated lack of water is a problem. During the last fire
when the power went out there was no water. Mr. Wagner stated the fire district
cannot sustain itself. Prosecutor Schindele asked Mr. Wagner to explain. Mr.
Wagner said that most of the people don’t want to pay the taxes to keep the
district. Mr. Wagner stated on the day of the vote, the polling place was moved
and he feels the district was created under false pretenses.
A member of the audience asked a question regarding who was allowed to testify.
Prosecutor Schindele stated the State Statute only allows tax payers and
creditors to testify at this hearing.
Nancy Jones, 11153 W. Desert Duck Ave., Mountain Home, spoke in opposition to
the dissolution. Ms. Jones stated she was the Secretary/Treasurer of the fire
district. Ms. Jones stated she has been in contact with the Oasis Fire District
and BLM and has mutual aid agreements with them regarding responding to fires.
Ms. Jones stated if the district is dissolved and the Mountain Home Fire
Department responds to any fires in the area, they will charge the residents.
Ms. Jones stated she would resign as Secretary of the district. Commissioner
Cruser asked what the Commissioners of the district were being paid. Ms. Jones
stated there have been no wages paid to any of the Commissioners or to herself.
Victoria Grimes, 13076 Ditto Creek Road, Mountain Home, spoke in favor of the
dissolution. Ms. Grimes stated due process and lawful procedure have been
violated. Ms. Grimes stated there was no benefit to the district. The
infrastructure necessary to provide water, equipment, and training cannot be
obtained. The district is too small. Ms. Grimes submitted a formal complaint
against Phil Gridley and the Mountain Home Rural Fire District.
Melissa Stocke, 13320 N. Faulkner Ave, Mountain Home, spoke in opposition to the
dissolution. Ms. Stocke stated a fire department would be a good thing, it would
increase the value of homes and insurance would go down. Ms. Stocke stated had
she known there was no fire protection in the area she would not have bought her
home.
Avil Hall, 13467 N. Faulkner Rd, Mountain Home, stated he was in favor of
dissolving the district.
Filogonjo Ramirez, 12754 Hunter Ave., Mountain Home, spoke in favor of the
dissolution of the district due to the cost.
Ray Hall, 13443 Faulkner Rd, Mountain Home, spoke in favor of the dissolution.
Mr. Hall feels the issue has gotten out of hand is in favor of dissolving the
district.
Chairman Rose closed the public hearing. Prosecutor Schindele will do a written
findings of facts on the decision the Commissioners make regarding the petition
to dissolve the Tipanuk Rural Fire Protection District.
The White Knuckle contract at the Fair grounds was discussed. Prosecutor
Schindele would like a correction to the contract and Fair Director Shea Burns
will be contacted. The proposed Demolition Derby at the Fair was discussed.
Chairman Rose stated at this time the Fair Board was checking into holding a
Junior rodeo instead.
Commissioner Cruser received a budget and expenses from Elmore Medical Center
regarding the set up of the new Ambulance Service. General discussion followed
on the transition from Northwest Paramedic Associates to Elmore Medical Center
on March 31, 2009. The construction of a building in Glenns Ferry was discussed
to use as an Ambulance Shed.
General discussion followed on claim vouchers for monetary donations to various
organizations, Elmore Soil and Water Conservation District, Glenns Ferry
Chamber, Bruneau Soil Conservation District, Glenns Ferry Museum, and Mountain
Home Visitors Center. Commissioner Cruser asked Clerk Grimmett to check on the
reports from the Jail. The Growth and Development Directors job advertisement
will be published.
Motion by Rose, second by Shaw, to adjourn.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
