COMMISSIONERS
MINUTES August
24, 2009
The Elmore County Commissioners met in regular session on the above date at 9:00
a.m. 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 add to the agenda the extension request
from Mountain Home School District 193 for the certification of the L-2 form to
the Clerk and Mr. Jeff Green from CBM Food Service at 3:30 p.m. to discuss Jail
food due to an oversight. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to extend the deadline for the certification of
the L-2 form to the County Clerk for seven working days from the 10th of
September to the 21st of September, 2009 in accordance with Idaho Code 63-803,
33-803, and 33-805.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the minutes for July 27, 2009, June
28, 2009, July 29, 2009, July 30, 2009, August 3, 2009, and August 10, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Shaw, to approve the expenses in the amount of
$110,494.97.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the Ambulance District Expenses in
the amount of $134.11. Idaho Power $77.72 and Rural Telephone Company $56.39.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Marty Jones, Central District Health, and Fred Perez, Idaho Waste Systems
General Manager, appeared before the Board to discuss the Glenns Ferry
Landfill/Transfer Station. Obtaining the right of way easement from Bureau of
Land Management for the 200 foot buffer zone is in the process.
Ed Walter, Editor/Publisher of the El-Wyhee Hi-Lites appeared and asked the
Commissioners to write a small informative article of County current events.
The Department Heads met for their monthly meeting.
Monica Bowden, Juvenile Probation, appeared and the lottery revenue was
discussed. The proposed 2010 budget was reviewed. The Juvenile Probation
Department has approximately 67 juveniles.
Wade Baumgardner, Veteran’s Service Officer, appeared before the Board and gave
a written report of the Office. A table will be available during Air Force
Appreciation Day advertising services to Elmore County veterans. Twenty-three
veterans and spouses have been assisted since the last meeting. VA eligibility
rules have changed making it easier for more Veterans to enroll in the VA’s
health care system.
Dan Collins, Plant Facilities Manager, appeared and discussion followed on
various projects ongoing in the Maintenance Department.
Jennifer Crogg, Adult Misdemeanor Probation, appeared and discussion followed on
the activities in her office.
Mir Seyedbagheri, Extension Office Agent, appeared and gave a written summary of
his accomplishments for the month of August 2009. The summary included
evaluating and monitoring proper use of soil fumigants for money saving and
environmental qualities. Attending an International Conference in Pittsburg, PA
was discussed. Mr. Seyedbagheri has been asked by the American Society of
Agronomy to give a presentation at the Conference. The cost to attend the
conference would come from the Extension Agent’s budget. Mr. Seyedbagheri is
also requesting a new laptop for his department.
Shae Burns, Fair Manager, appeared and discussion followed on the contract for
the Fair Manager. If the position is to continue as a contract, the contract
renewal date is approaching. Liability insurance was discussed for a contractor.
Alan Christy, Growth and Development Director, appeared and discussion followed
on the reorganization of the office, the new Building Official, and a possible
upcoming planned community.
The Steele Acres Subdivision final plat was discussed. The Assessor and the
Treasurer have not signed the final plat. The approval of the final plat will be
tabled.
Letter of Informations (LOI’s) were reviewed.
Motion by Shaw, second by Cruser, to approve the Letter of Information (LOI)
4-Lot Split for Juniper Station Properties, LLC with no additional conditions.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the Letter of Information (LOI)
3-Lot Split for Juniper Station Properties, LLC with no additional conditions.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the Letter of Information (LOI)
2-Lot Split for Douglas and Carla Cameron, with no additional conditions.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the Letter of Information (LOI)
2-Lot Split for Richard and Christine Dacheff with no additional conditions.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
An appeal filed by Jim Thornton of the extension granted for the Clear Springs
Ranch Subdivision by the Planning and Zoning Commission was discussed. The
Zoning Ordinance states the affected party must attend the hearing and testify,
or submit written testimony. The appeal will not be accepted, the fee will be
returned and a letter will be sent to Mr. Thornton.
Motion by Shaw, 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 Director Marianne Bate to discuss
Indigent cases.
ROSE - AYE
SHAW - AYE
CRUSER - ABSENT Motion carried and so ordered.
Regular session resumed and the following decisions were made:
K-07-09-01 Motion by Shaw, second by Rose, to deny as there has been no
interview, no documentation received, unable to locate by subpoena and no proof
of residency in Elmore County.
ROSE - AYE
SHAW - AYE
CRUSER - ABSENT Motion carried and so ordered.
K-08-09-01 Motion by Rose, second by Shaw, to deny as a ten day prior and is not
medically necessary.
ROSE - AYE
SHAW - AYE
CRUSER - ABSENT Motion carried and so ordered.
The Elected Officials met for their monthly meeting.
Prosecutor Kristina Schindele, Treasurer Rose Plympton and Clerk Marsa Plummer
were present. Clerk Marsa Plummer stated the Passport Agency is going to require
completed passport applications be sent by registered, certified or priority
mail at the expense of the acceptance facility which is currently the Recorders
office. The cost can not be charged to the customer. Discussion followed
regarding whether or not Elmore County has to process passports. Clerk Plummer
stated Elmore County does not have to be an acceptance facility, other entities
can process passport applications.
Accepting credit card payments for County departments was discussed. Treasurer
Plympton explained the extra work that would be involved concerning all the
County Departments. Fees charged for using credit cards would not be paid by the
County, the customer would pay the fee. A lengthy discussion followed on
accepting cash, checks and credit cards. Research will be done on the issue of
accepting credit cards.
Jeff Green and Bobby Yee, with CBM Food Service from South Dakota, along with
Chief Deputy Nick Schilz and Jail Captain Lynn McCallum appeared before the
Board. Discussion followed on the food service at the Jail. Menu items and
nutritional factors that CBM Food Service offers were reviewed. The
Commissioners thanked the gentlemen for attending the meeting.
Obtaining credit cards for Elmore County Departments were discussed.
A public hearing was held to hear public comment on an Ordinance establishing an
Advisory Board to the Elmore County Board of County Commissioners for the
purpose of providing nonbinding advice to the Elmore County Board of County
Commissioners concerning the operation and administration of the Elmore County
Pest Abatement District and setting forth the duties and responsibilities, terms
of office and compensation of the Advisory Board.
No public appeared and therefore no testimony was taken.
Motion by Rose, second by Cruser, to approve Ordinance No. 2009-4 establishing
an Advisory Board regarding the Elmore County Pest Abatement District.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
ORDINANCE NO. 2009-4
AN ORDINANCE ESTABLISHING AN ADVISORY BOARD TO THE ELMORE COUNTY BOARD OF COUNTY
COMMISSIONERS FOR THE PURPOSE OF PROVIDING NONBINDING ADVICE TO THE ELMORE
COUNTY BOARD OF COUNTY COMMISSIONERS CONCERNING THE OPERATION AND ADMINISTRATION
OF THE ELMORE COUNTY PEST ABATEMENT DISTRICT AND SETTING FORTH THE DUTIES AND
RESPONSIBILITIES, TERMS OF OFFICE AND COMPENSATION OF THE ADVISORY BOARD.
WHEREAS, the residents of Elmore County (the “County”), Idaho, in the general
election held on November 4, 2008, voted to formalize a pest abatement district
as the Elmore County Pest Abatement District (“Pest Abatement District”); and
WHEREAS, the Pest Abatement District consists of all the real property within
the County borders; and
WHEREAS, the Pest Abatement District has the directive to abate mosquitoes and
other vermin of public health and welfare importance; and
WHEREAS, the Elmore County Board of Commissioners (“County Commissioners”)
appointed the Board of Trustees (“Trustees”) of the Pest Abatement District on
March 30, 2009, pursuant to Idaho Code § 39-2803 and County officials are
ex-officio members of the Board of Trustees of the Pest Abatement District; and
WHEREAS, on June 29, 2009, the Trustees and the County Commissioners adopted a
joint resolution to transfer administration of the Elmore County Pest Abatement
District to the Elmore County Board of Commissioners pursuant to Idaho Code §
39-2813; and
WHEREAS, pursuant to Idaho Code § 39-2813, the County Commissioners desire to
provide that the Trustees shall serve and function as an advisory board
(“Advisory Board”) to the County Commissioners and shall serve at the pleasure
of the County Commissioners, without compensation, and provide non-binding
advice and counsel to the County Commissioners; and
WHEREAS, on June 29, 2009, the Trustees agreed to serve as an Advisory Board for
the Pest Abatement District; and
WHEREAS, the County Commissioners desire to establish the respective duties and
responsibilities of the County Commissioners and the Advisory Board for the Pest
Abatement District as well as the terms of office and compensation for the
Advisory Board; and
WHEREAS, the County Commissioners held a public hearing on this ordinance on
August 24, 2009.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE
COUNTY, IDAHO:
SECTION 1: The County Commissioners do hereby establish that the Board of
Trustees of the Pest Abatement District shall serve as an Advisory Board to the
County Commissioners pursuant to Idaho Code § 39-2813 whose purpose shall be to
provide nonbinding advice and counsel to the County Commissioners concerning the
budget, operation and administration of the Pest Abatement District. The County
Commissioners shall hereby retain and exercise the powers, duties and
responsibilities charged to the Board of Trustees. Additionally, the County
Commissioners shall have those duties and responsibilities set forth in Section
5 of this Ordinance and the Advisory Board shall have those duties and
responsibilities set forth in Section 6 of this Ordinance.
SECTION 2: The Advisory Board shall be made up of five (5) members, all of whom
shall be residents of the County. Each Advisory Board member shall serve at the
pleasure of the County Commissioners. Members of the Advisory Board shall serve
without compensation, but their actual reasonable expenses shall be reimbursed
as approved by the County Commissioners.
SECTION 3: Terms of appointment shall be for four (4) years; provided, however
that the initial appointments to the Advisory Board shall be as follows: two (2)
members shall be appointed for two (2) years, one (1) member shall be appointed
for three (3) years and two (2) members shall be appointed for four (4) years.
All subsequent appointments following the expiration of the initial terms shall
be for four (4) years. Any appointment that occurs during a four-year term of
appointment shall be for the remainder of that term.
SECTION 4: The Advisory Board or the County Commissioners may schedule Advisory
Board meetings by giving reasonable notice of the time and place of such meeting
to the Advisory Board members and the public in accordance with the open
meetings act, Idaho Code § 67-2340 et seq., as it may be amended from time to
time. The Advisory Board may elect such officers as it deems necessary and adopt
procedural rules not inconsistent with the Idaho Mosquito and Vermin Abatement
Act (“Act”), Idaho Code §§ 39-2801 through 2814, as it may be amended from time
to time, or this Ordinance.
SECTION 5: The County Commissioners shall have the following duties for the Pest
Abatement District:
A. To appoint a director, to direct the activities of the Pest Abatement
District, and such other persons as necessary, determine their duties,
compensation and make rules and regulations respecting them;
B. To take all necessary and proper steps for the control of mosquitoes and
other vermin of public health and welfare importance in the Pest Abatement
District;
C. To sue and be sued;
D. To purchase, hold, dispose of, and acquire by gift real and personal property
in the name of the Pest Abatement District To exercise the right of eminent
domain and to condemn necessary land or rights-of-way in accordance with general
law and Idaho Code § 39-2804;
E. To abate as nuisance breeding places of mosquitoes or other vermin of public
health and welfare importance within the district or within migrating distance
of the district by use of chemicals or permanent control measures and in this
connection have the right to enter upon any and all lands;
F. To approve written mosquito or other vermin management plans submitted by
landowners requesting that their property be excluded from treatment by the Pest
Abatement District;
G. To approve the mosquito or other vermin management plan for the Pest
Abatement District; and
H. To take those actions which are assigned to the Advisory Board as may be
necessary.
SECTION 6: The Advisory Board shall have the following duties for the Pest
Abatement District:
A. To advise the County Commissioners on those duties set forth in Section 5 of
this Ordinance;
B. To work with lateral ditch water users associations, irrigation drainage and
flood control districts and other cooperating organizations regarding mosquito
or other vermin management plans and the plans of the Pest Abatement District;
C. To prepare a budget for the Pest Abatement District for approval by the
County Commissioners;
D. To file, annually or by February 1st of the succeeding year, with the County
Commissioners a report setting forth the moneys expended during the previous
year, methods employed and work accomplishments;
E. To review and recommend a course of action to the County Commissioners
regarding written mosquito or other vermin management plans submitted by
landowners requesting that their property be excluded from treatment by the Pest
Abatement District;
G. To prepare a mosquito or other vermin management plan for the Pest Abatement
District for the review and approval by the County Commissioners;
H. To act and serve as a liaison between the County and the residents of the
County to communicate the concerns of the residents pertaining to the abatement
of mosquitoes and other vermin of public health and welfare importance of the
County to County Commissioners and when appropriate communicate County policy to
residents of the County, all pertaining to the Pest Abatement District; and
I. Those other responsibilities and duties as may be requested by the County
Commissioners pertaining to the Pest Abatement District.
SECTION 7: This Ordinance may be repealed at any time and, if repealed, the
provisions of the Act shall govern the operation of the Pest Abatement
District..
SECTION 8: This Ordinance shall take effect and be in force after its passage,
approval and publication as required by law. In lieu of publication of the
entire Ordinance, a summary thereof in compliance with Idaho Code § 31-715A may
be published.
Dated this 24th day of August, 2009.
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
Date of publication: September 2, 2009
The Public Hearing was closed.
Chairman Rose read the Certificates of Residency into the record: Keisha M. Uhl,
Lori Laine Urfer and Patrick James Patterson. 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 go into Executive Session pursuant to I.C.
67-2345(b and f) to meet with Prosecutor Schindele regarding personnel issues
and litigation.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed, no actions taken.
Retired Elmore County Employee health care costs were discussed.
Motion by Shaw, second by Cruser, to adjourn at 5:49 p.m.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA PLUMMER, Clerk
