COMMISSIONERS MINUTES                                June 22, 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 Civil Attorney Buzz Grant and Deputy Clerk Barbara Steele.

Clerk Marsa Plummer appeared and discussion followed on solutions for filling the Jury Clerk position.

Woody Wing, Elmore County Resident, appeared and stated he was interested in becoming a Planning and Zoning Commission Member. Discussion followed on the duties of the Planning and Zoning Commission.

Marty Jones, Central District Health Department, appeared to give his monthly update. Mosquitoes were discussed. New developments in several areas of the County were discussed.

The Department Heads met for their regular monthly meeting.

Wade Baumgardner, Veterans Services Director, appeared and reviewed with the Commissioners the activities in his office. Mr. Baumgardner reported there have been 20 new Veterans/Spouses assisted. The annual Service Officers training is this August.

Monica Halliday, Juvenile Probation, appeared and gave a report on her office. First Responder Training was discussed. Ms. Halliday will schedule a budget hearing with Clerk Plummer.

Brent Butler, Growth and Development Director, appeared and discussion followed on the new Development Ordinance. Mr. Butler also reviewed a budget report he supplied to the Commissioners. The report was reviewed and Mr. Butler will revise the extra help line item.

Mir Seyedbagheri, Extension Office, appeared and gave a written monthly report on his Department. Several items were in the report including evaluation of alfalfa fields for clover root curcillio, and inspection of 22 different locations for grasshoppers and Mormon crickets.

Motion by Rose, second by Shaw, to add the continuation of the public hearing on the appeal from the Mountain Home Rural Fire Protection District regarding a decision by the Planning and Zoning Commission to approve an application from Bermensolo, Inc for a Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture B (Ag B) to the agenda.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Chris Alzola stated an agreement between the Mountain Home Rural Fire Protection District and Bermensolo, Inc. has been agreed upon regarding the construction of the road. Ms. Alzola is getting the needed signatures on the agreement.
Motion by Rose, second by Shaw to close the public hearing on the appeal from the Mountain Home Rural Fire Protection District regarding a decision by the Planning and Zoning Commission to approve an application from Bermensolo, Inc for a Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture B (Ag B).
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

A decision on the Bermensolo LOI appeal will be made on Monday, June 29, 2009 once the signed agreement has been recorded and presented to the Commissioners.

Mir Seyedbagheri, Extension Agent, was still present at the meeting. The Pest Abatement District was discussed. The resolution regarding the Pest abatement District will be redrafted by Civil Attorney Grant. Further discussion followed on current mosquito abatement. The Commissioners instructed Mr. Seyedbagheri to continue with the current mosquito abatement plan.

Motion by Rose, second by Cruser, to approve the ambulance district expenses in the amount of $93,873.63. Les Schwab Tire $1,093.63 and Skyline Construction $92,780.00.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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 to meet with Social Services Director Marianne Bate to discuss indigent applications.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed and the following decisions were made:

K-01-09-01 Motion by Cruser, second by Rose, to submit an order of dismissal as all the vendors who appealed have withdrawn and the applicant had medical insurance.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-09-09 Motion by Rose, second by Cruser, to issue an order of dismissal, Elmore Medical Center was the only vendor to appeal and they have withdrawn their appeal.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-05-09-02 Motion by Shaw, second by Cruser, to approve with a reimbursement order of $300.00 per month beginning August 15, 2009. Commissioner Shaw amended his motion and Commissioner Cruser amended her second to include ½ of any State and Federal tax refunds received by the applicant.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(d) to hold a reconsideration hearing on case number K-12-08-04. Present at the hearing were the three Commissioners, Civil Attorney Buzz Grant, Clerk Marsa Plummer, Social Services Director Marianne Bate, Heidi Harris representing St. Alphonsus Regional Medical Center, and the applicant. Questions were asked and answered. Motion by Rose, second Cruser, to deny as not indigent and not last resource on case K-12-08-04.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Prosecutor Kristina Schindele joined the meeting.

Growth and Development Director Brent Butler came before the Board. An application in the Pine/Featherville area for a building permit for a garage was discussed. The garage also includes a dwelling unit and is in the flood plain. The limitation on the square footage of a garage was also discussed. Discussion followed on the Director’s position regarding interpretation of the Zoning Ordinance.

Prosecutor Kristina Schindele discussed her budget with the Board. Prosecutor Schindele stated she could not find any areas to cut her budget. Discussion followed on different line items. The 10% decrease in the budget was discussed. The litigation expense line item and supplies line item of the Prosecutor’s budget was decreased. The Pest Abatement District was discussed briefly.

Sheriff Rick Layher came before the Board. Fencing for the new jail was discussed. Drug rehabilitation programs were discussed. Reimbursement for meals and various expenses were discussed.

Motion by Rose, second by Shaw, to approve payment of the expenses in the amount of $124,958.52.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve a Certificate of Residency for Casey M. Stevens.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Rose, to sign the Idaho Transportation Weed Control Agreement.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve the Memorandum of Understanding between Elmore County, Boise National Forest and Sawtooth National Forest for weed control.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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 PLUMMER, Clerk