COMMISSIONERS MINUTES                                August 10, 2009


The Elmore County Commissioners met in regular session at 9:00 a.m. 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 Connie Cruser and Arlie Shaw. Also present was Civil Attorney Buzz Grant and Deputy Clerk Barbara Steele.

Greg Maurer, Tricia Senger, and Dale Curran, Elmore Medical Center, appeared to discuss the proposed 2010 Ambulance District Budget. The draft budget from Elmore Medical Center was reviewed by Ms. Senger Purchasing a new four wheel drive ambulance was discussed as it is included in the proposed budget. The current status of the existing ambulances was reviewed.

Todd Haines and Ken Fukamoto, representing Boise State, appeared to request a waiver of fees on a wind farm project to install a tower that measures wind speed. The program is a research grant and the fee was not included in the grant request. The wind information gathered will be public information. Installation and location of the tower was discussed.

Motion by Cruser, second by Shaw, to waive the fees associated with the installation of a tower to measure wind speed, motion and second amended to include permission from Mountain Home Air Force Base, the FAA, and a letter of approval from Boise State.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the minutes for July 15, 2009. One correction was made.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the Recorder’s Office Report & Treasurer’s Office Report for the record only.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw to approve the expenses. Discussion followed. Fred Perez, General Manager for Idaho Waste Systems was phoned and a voucher was questioned. Mr. Perez joined the meeting and discussion followed on the invoice in question. The Bennett Road transfer station was discussed. A vote was taken on the expenses. Total expenses $416,324.99.
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) to meet with Indigent Director Marianne Bate to discuss Indigent cases, on a motion by Rose second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. There were no Indigent cases.

Motion by Rose, second by Shaw, to pay the Ambulance District expenses in the amount of $1,939.78. Pine Resort LLC $650.00, Norco $274.51, Alexandria Baldwin $200.00, Katherine Baldwin $200.00, Vance Baldwin $100.00, Barbara DeMott $400.00 and Idaho Power $115.27.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the July payroll in the amount of $398,634.85.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the Certificates of Residency into the record: Adrienne M. Dolph, Jaime A. Rodriguez, Juan Thomas Santos, Sheila Ogletree, David Anton Walters, and Janessa Rondale Walters. Motion by Rose, second by Shaw, to approve the Certificates of Residency as read.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the catering permit for Acapulco Mexican Restaurant.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve and sign the Pathology Agreement with Ada County.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the Juvenile Probation Detention Center Contract Renewal with Ada County.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

A letter regarding Mr. Hofer and Skyridge Subdivision was reviewed. Motion by Rose, second by Shaw, to sign the letter addressed to Nick Nettleton, Chairman of the Planning and Zoning Commission.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Judy Mayne, Mountain Home, appeared to share information regarding the Western Elmore County Recreation District and to ask questions on where the County stands regarding being the responsible entity as it relates to the environmental assessment for the District. Ms. Mayne stated by law the Recreation District cannot be the responsible entity, Federal regulations require a zoning agency to be the responsible entity. It was found that HUD can sign off as the responsible entity in a reasonable amount of time as the issue has been with the County Commissioners for a few months now. Discussion followed and the Commissioners have discussed having an attorney that specializes in environmental issues review the study that was done by Bionomics. The Recreation District would be responsible for the cost of that review. Ms. Mayne reviewed how the YMCA would be involved and stated it would be better for the Recreation District to have HUD be the responsible entity. Ms. Mayne stated there is no rush as far as the YMCA is concerned.

Alan Christy, Growth and Development Director, came before the Board to discuss several issues in the Growth and Development Department. The County’s Building Inspector position has been filled and the new job title for that position will be Building Official/Code Enforcer.

Discussion followed on the new Zoning Ordinance. The Commissioners will now have to approve or deny variance requests. Discussion followed on a variance request applied for by Mr. & Mrs. Madsen for an accessory structure in Pine/Featherville.

Motion by Shaw, second by Rose, to sign the Findings of Facts, Conclusion of Law and Order on a variance for accessory structure square footage in front yard; accessory structure height; and accessory dwelling unit square footage, applicant John and Linda Madsen, and have the applicants sign a letter stating they know this matter could be appealed.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Mr. Christy stated he was investigating cell phones in the Growth and Development Department and would cancel phones that were not being used. Mr. Christy is working on a new fee schedule of Growth and Development fees. Receiving cash for payments of fees was discussed.

Coroner and Funeral Director, Jerry Rost, came before the Board regarding an Indigent claim. The Board instructed Mr. Rost to submit the application to Social Services Director Marianne Bate.

Sheriff Rick Layher and Chief Deputy Nick Schilz appeared before the Commissioners and discussion followed on a determination of a workman’s comp claim. The maintenance agreement for the fingerprint machine at the jail is due in the approximate amount of $3,000.00. The SILD Program was discussed.

The proposed 2010 budget was briefly discussed.

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

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

At 4:41 p.m., 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