Commissioner's Minutes

COMMISSIONERS MINUTES June 29, 2009

The Commissioners met in regular session on the above date in the Commissioners 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.

Motion by Rose, second by Cruser, to approve the Conditional Use Permit on the Bermensolo Letter of Information (LOI) with the additional condition of the recorded agreement, instrument number 407691, regarding the appeal filed by the Mountain Home Rural Fire.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw to sign a letter to Planning and Zoning regarding the Alternate Energy Holdings, Inc. re-zone request being remanded back to the Planning and Zoning Commission, motion died for lack of a second. The letter was discussed and at the request of Alternate Energy Holdings, Inc. the letter will be placed on the July 6, 2009 agenda.

Al Hofer, Mountain Home, appeared to discuss Skyridge Subdivision. The Subdivision had been approved by the Planning and Zoning Commission and the Conditional Use Permit was revoked due to time constraints. Brent Butler, Growth and Development Director, appeared and further discussion followed on the issue. Further input is being obtained from Attorney Phil Miller.

Representatives from the Mountain Home Historical Society, and City Representatives appeared and questioned the Commissioners about the additional levy available. The Historical Society is trying to fund the Directors pay. Discussion followed on the upcoming budget. The Commissioners explained how the levy works and that the County will be experiencing a shortfall and are looking at ways to cut the budget, affecting all the departments in the County. No decision was made at this time and the request will be reviewed during the budget meetings.

Councilman Rich Urquidi came forward and general discussion followed on current activities.

Sheriff Rick Layher appeared and reported to the Commissioners how many inmates were being housed at the Jail. Sheriff Layher reported the State will start pulling the inmates out of our facility again. Sheriff Layher also gave the Commissioners a report on dispatch figures. Discussion followed on the Sheriff’s office dispatching for the City of Mountain Home. The SILD Program was discussed.

Motion by Rose, second by Cruser to recess for lunch.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.
Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C. 67-2345(d) to meet with Social Services Marianne Bate to discuss Indigent applications.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. The following actions were taken:

Motion by Rose, second by Shaw, to approve the Findings of Facts and Conclusions of Law for case K-12-08-04.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-06-09-02 Motion by Shaw, second by Rose, to deny as not indigent, applicant has made arrangements to pay the medical bills.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The agreement to transfer real property between governmental agencies for the Glenns Ferry ambulance property was discussed.

Motion by Cruser, second by Shaw, to approve and have the Chairman sign the Agreement Regarding the Transfer of Real Estate between the City of Glenns Ferry and King Hill Rural Fire District
ROSE - ABSTAIN
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

John and Jody Wirt, Realtors, appeared with documents for the Commissioners to sign regarding the purchase of property located at 515 East Jackson, Mountain Home, Idaho.

Brent Butler, Growth and Development Director appeared before the Board and discussion followed on the County Engineer, Gil Walker. The hours the City of Mountain Home Building Official is working for the County was reviewed. Code Enforcement in the County was discussed along with future planning ideas for the Courthouse Campus.

Motion by Rose, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(b) to discuss personnel issues.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

No action was taken as result of the Executive Session.

Discussion followed on the new zoning ordinance and the previous ordinance. Applications that were discussed between the applicant and the Growth and Development Department, but not officially filed before the new zoning ordinance was adopted, were discussed.

At 4:30 p.m. the public portion of the meeting was held. Sue Gross and Deb Shoemaker appeared and brought information and statistics regarding the Desert Mountain Visitor Center. The request is for the same amount as last year, $5,000.00. Chairman Rose stated the County is still working on the proposed budget and cannot make any promises at this point.

At 5:00 p.m. the Commissioners met with the Pest Abatement District Board. Doug Mayne, Sharlene Carrie, Lisa Knox, Marsha Sellers, and Merrill Brown were present. The proposed resolution was reviewed. Civil Attorney Grant reviewed the changes he had made to the proposed resolution. A lengthy discussion followed on having an advisory board or a Board of Trustees. The Pest Abatement Board moved to adopt the Resolution and it was passed by a vote of three to two. Marsha Sellers, Merrill Brown and Sharlene Carrie voted aye, Doug Mayne and Lisa Knox voted Nay. The Pest Abatement District Board closed their meeting.

Motion by Shaw, second by Rose, to approve Resolution No. 423-09.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

RESOLUTION NO. 423-09

RESOLUTION FOR ADMINISTRATION AND OPERATION OF ELMORE COUNTY PEST ABATEMENT DISTRICT BY ELMORE COUNTY

WHEREAS, Elmore County (“County”) and the Elmore County Pest Abatement District (“ECPAD”), are political subdivisions of the State of Idaho; and
WHEREAS, each of the parties hereto have an interest in assuring ECPAD can fulfill its directive of abating mosquitoes or other vermin of public health and welfare importance in Elmore County, Idaho; and
WHEREAS, pursuant to Idaho Code § 39-2813, any abatement district board of trustees may seek operation of the abatement district by the board of county commissioners by adoption of a resolution by a majority vote of the abatement district board of trustees and by a majority vote of the board of county commissioners; and
WHEREAS, the board of trustees of ECPAD (“Trustees”) have been appointed by the Board of Elmore County Commissioners (“Commissioners”) pursuant to Idaho Code § 39-2803 and County officials are ex-officio members of the Trustees; and
WHEREAS, ECPAD is required under Idaho Code § 39-2804 to file annually with the Commissioners for their approval an estimate of funds required for the next year, a plan of the work to be done, and methods to be employed, and a report setting forth the moneys expended the previous year and that no procedure, work or contract for any year of operation shall be done or entered upon until plans and budget have been jointly approved by the Commissioners; and
WHEREAS, pursuant to Idaho Code § 39-2805 the Commissioners are responsible for setting the levy upon taxable property within the ECPAD as necessary for the operation of the ECPAD for the ensuing year; and
WHEREAS, the parties desire for the Commissioners and the Elmore County extension agent (“Extension Agent”) to have advice on programmatic issues and policies involving mosquito and pest abatement and for the Trustees to act as an advisory board to provide the Commissioners and Extension Agent with formalized procedures for the input, advice and recommendations from the Committee in the areas of technology, research, planning and prioritization of projects.
NOW, THEREFORE BE IT RESOLVED, that the Commissioners and the Trustees mutually agree pursuant to Idaho Code § 39-2813 as follows:
1. Duration. This Resolution shall be for a one year term beginning on the Effective Date and ending on the date one day prior to the one year anniversary of the Effective Date. This Resolution shall be automatically renewed for successive one year periods beginning on the first anniversary date of the Effective Date and continuing annually each year thereafter without any further action on behalf of the parties hereto to renew this Resolution, unless this Resolution is terminated pursuant to Section 10 hereof.
2. ECPAD Administration. The ECPAD shall be governed by the Commissioners with nonbinding direction and advice from the Trustees, which Trustees, upon passage of the Ordinance, shall become the Advisory Board, both of which terms are defined in Section 3 of this Resolution. The employees of ECPAD, if any, shall become employees of the County with the respective benefits afforded to County employees, as of the date the County assumes operation and control of the ECPAD.
3. Pest Advisory Board. Upon passage of an ordinance (“Ordinance”) establishing an advisory board, the Trustees shall become an advisory board (“Advisory Board”) and act in an advisory capacity to the Commissioners and the Extension Agent on programmatic issues and policies involving mosquito and pest abatement. The Advisory Board will work under the guidance of formalized procedures approved by the Commissioners and the Extension Agent for the input, advice and recommendations from the Advisory Board in the areas of technology, research, planning and prioritization of projects.
4. Real and Personal Property. The County will manage, utilize, dispose, acquire and account for all real and personal property owned by the ECPAD, if any, as directed by the Commissioners and in accordance with applicable laws pertaining to such property.
5. Financial Consideration. This Resolution shall obligate the County to provide any and all fiscal and auditing responsibilities, insure against liabilities, obligations, and/or commitments and related services for the operation of ECPAD except as provided herein. County shall charge and account for said charges through the budgeting and auditing processes utilized by the County as appropriate for a self-funded taxing district. All taxes levied for ECPAD pursuant to Idaho Code §39-2805 shall be used for ECPAD as set forth in IC §39-2805.
6. Indemnification. The County, for such time as ECPAD shall be governed by the Commissioners, agrees to indemnify and defend ECPAD and its Trustees or Advisory Board once the Ordinance has been passed, from and against any and all claims, damages, expenses (including reasonable attorney’s fees), judgments, proceedings and causes of action for injury to or death of any person or damage to or destruction of any property arising from any willful misconduct, negligent act or omission of the County or any of its agents, contractors or employees, occurring after the date the County assumes operation of ECPAD in connection with the County’s operation of ECPAD, excluding any claims, damages, expenses, judgments, proceedings or causes of action which may have occurred prior to such time as the County assumes the operation of ECPAD. Any of the County’s obligations under this section shall be limited by, and subject to, the terms of the Idaho Tort Claims Act, Idaho Code §§ 6-901 through 6-929.
7. Insurance. During such time as the County operates ECPAD, the Trustees shall be considered as an insured under its ICRMP comprehensive general liability insurance program or, at the County Commissioners election, under a separate liability insurance policy with comparable limits as the County’s ICRMP comprehensive general liability insurance.
8. Severability. Should any term(s), provision(s), or paragraph(s) of this Resolution be held in a court of law to be invalid, it is recognized by the parties herein that said term(s), provision(s), or paragraph(s) is severed, provided that the remaining portions are capable of clear interpretation. Any such term(s), provisions(s), or paragraph(s) so held invalid may be stricken and the remainder shall continue in effect.
9. Binding Upon Successors. Except to the extent specifically set forth, this Resolution and its terms shall be binding upon and inure to the benefit of the parties’ respective successors, assigns, and representatives.
10. Termination. This Resolution shall remain in full force and effect until such time as the parties hereto have terminated this Resolution by a written agreement executed by the Commissioners and the Advisory Board (“Termination Agreement”) which Termination Agreement shall set forth the time of the termination of the Advisory Board, the time for the Commissioners to reappoint successor trustees and the time for the successor trustees to assume the operation and control of the ECPAD, subject to the statutory oversight by the Commissioners as set forth in the Idaho Mosquito and Vermin Abatement Act, Idaho Code §§ 39-2801 – 2813, as it may be amended from time to time. Prior to the termination of this Resolution as set forth in the Termination Agreement, the Commissioners shall appoint five successor trustees for ECPAD, some or all of which may be from the Advisory Board as determined by Commissioners, with such terms of service as set forth in IC §39-2803.
Signatures on following page.

APPROVED AND ADOPTED THIS _____ DAY OF ______________ 2009.
Commissioners:
Board of Elmore County Commissioners
By: /s/ Larry Rose, Chairperson
By: /s/ Connie Cruser, Commissioner
By: /s/ Arlie Shaw, Commissioner
ATTEST: /s/ Marsa Plummer, Elmore County Clerk

Approved and Adopted this _____ Day of ____________ 2009.
Trustees:
Elmore County Pest Abatement District Board of
Trustees
By: /s/ Sharlene Carrie
By: Lisa Knox
By: Douglas B. Mayne
By: /s/ Marsha Sellers
By: /s/ Merrill Brown
Merrill Brown was sworn in as a Trustee of the Elmore County Pest Abatement District.

Motion by Cruser, second by Rose, to adjourn.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA PLUMMER, Clerk