COMMISSIONERS
MINUTES April
12, 2010
The Commissioner 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 Chairperson Connie Cruser, Commissioners Larry Rose
and Arlie Shaw. Also present was Civil Attorney Buzz Grant and Deputy Clerk
Barbara Steele.
Motion by Rose, second by Shaw, to approve the minutes for April 5, 2010 with
one correction.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, to approve the expenses in the amount of
$203,690.83. Discussion followed.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, to approve the payroll for March, 2010 in the
amount of $345,647.95.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to pay an ambulance district expense in the
amount of $262.50 payable to Perma Gas.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to pay the pest abatement district bill in the
amount of $100.00 to IMVCA.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to accept for the record only the Recorder’s
Office Report, Clerk’s Bail Bond Report and Treasurer Office Report.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, to re-appoint Frank Eld to the Central District
Board of Health for a five year term ending June 30, 2015.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw to sign the letter to Idaho Council on Domestic
Violence stating that Elmore County agrees to partner with the Council to be the
pass through agency for their grant funds.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A letter regarding the defense of manslaughter charges addressed to Public
Defender Terry Ratliff was discussed. Motion by Rose, second by Shaw, to sign
the letter to Public Defender Terry Ratliff.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Clerk Plummer joined the meeting and discussion followed on an open position in
the Clerk’s office.
Motion by Rose, second by Shaw, to approve the Department of Homeland Security
Grant Program paperwork and have the Chairman sign.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to appoint Amanda Drake to the Elmore County
Roadway Name Committee.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Pam Elkovich, representing Trout Unlimited, and Stephanie Church, the new Forest
Service District Ranger, appeared and discussion followed on a support letter
from the County to the Resource Advisory Committee (RAC) regarding the Pierce
Creek Watershed and Prairie Road Improvement Project. Discussion followed on the
project.
Motion by Rose, second by Shaw, to sign the letter of support for Trout
Unlimited addressed to the Resource Advisory Committee.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A small recess was taken.
Nick Schilz, Chief Deputy Sheriff’s Dept. and Carol Killian, Disaster Services
Coordinator, appeared and the Mutual Aid Agreement for Regional Sharing of
Medical Equipment was discussed. Civil Attorney Grant has reviewed the agreement
and will give Ms. Killian a list of concerns. Ms. Killian stated she was done
with the draft for the Emergency Response Plan for the County and will send it
to the Board.
The bids for a fence and cameras at the Jail were discussed. The cost to build
the fence will come out of the bond funds. The camera expense will be paid out
of general funds.
Motion by Rose, second by Shaw, to accept the bid for the fence at the Jail.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Jo Gridley, Assessor, appeared and the Category 81 exemptions were reviewed.
Staffing in the Assessor’s office was discussed.
Chairperson Cruser read the Certificates of Residency into the record: Brandie
N. Riggs and Dwight G. Harris. Motion by Rose, second by Shaw, to approve the
Certificates of Residency as read.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed.
Sheriff Rick Layher, appeared before the board to discuss dispatch and dog pound
statistics. Sheriff Layher met with the City Police Chief to discuss dispatch.
The Commissioners and the City need to meet to discuss the issue.
Motion by Shaw, second by Rose, to recess for lunch.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed. Clerk Plummer was present.
Motion by Cruser, second by Rose, to meet in Executive Session pursuant to I.C.
67-2345(d) to meet with Social Services Assistant Marisela Hurtado.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Back on the record.
K-01-10-02 Motion by Shaw, second by Rose, to enter an order of dismissal.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.
K-03-10-01 Motion by Shaw, second by Rose, to deny as applicant is not indigent.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered
K-03-10-02 Motion by Shaw, second by Rose, to deny as the application is not
complete, the County is not the last resource and waiting on a Medicaid
decision.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered
Motion by Cruser, second by Rose, to approve and sign Resolution No-437-10
regarding the reimbursement of expenditures incurred by Elmore County with Title
III RAC Funds.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered
RESOLUTION NO. 437-10
RESOLUTION REGARDING THE REIMBURSEMENT OF EXPENDITURES INCURRED BY ELMORE COUNTY
WITH TITLE III RAC FUNDS
ON THIS 12th DAY OF APRIL 2010, THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS
(“BOARD”) HEREBY MAKES THE FOLLOWING RESOLUTION:
WHEREAS, the United States Congress enacted in 1908, the Agricultural
Reapportionment Act, which Act has been subsequently amended, which requires a
portion of revenues derived from National Forest lands be paid to states for use
by the counties in which the lands are situated for the benefit of public
schools and roads;
WHEREAS, the principal source of revenues from National Forest lands is from the
sale and removal of timber, which has been curtailed in recent years with a
corresponding decline in revenues shared with counties;
WHEREAS, Congress recognized a need to stabilize education and road maintenance
funding through predictable payments to the affected counties, and to achieve
that goal amended the Act by the Secure Rural Schools and Community
Self-Determination Act of 2000, which has subsequently been amended and
re-authorized for FFY 2008 – 2011;
WHEREAS, Title III of the Secure Rural Schools and Community Self-Determination
Act of 2000, at Section 302 (b), among other things, authorizes expenditures for
search, rescue and emergency services performed on National Forest lands and
paid for by eligible counties;
WHEREAS, from January 1, 2001, through September 30, 2008, Elmore County has
expended some Four Hundred Seventy-Eight Thousand, Eight Hundred Twenty-Three
and no/100s Dollars ($478,823.00) for Elmore County Sheriff Department employee
salaries, employee rent subsidies, employee telephone services and ambulance
expenses in performing search and rescue or other emergency services on National
Forest lands located in Elmore County, Idaho, as summarized in the attached
schedule;
WHEREAS, from January 1, 2001, through September 30, 2008, Elmore County has
received Title III RAC funds in excess of $361,485.52 from the United States,
which funds were deposited and preserved;
WHEREAS, as part of this Resolution, the Elmore County Clerk has certified to
the Board the sum of Four Hundred Seventy-Eight Thousand, Eight Hundred
Twenty-Three and no/100s Dollars ($478,823.00) was used for Elmore County
Sheriff Department employee salaries, employee rent subsidies, employee
telephone services and ambulance expenses in performing search and rescue or
other emergency services on National Forest lands located in Elmore County,
Idaho, as summarized in the attached schedule, and Elmore County has not
previously received reimbursement for such expenditures from Title III RAC
monies received from the United States;
WHEREAS, Elmore County published a legal notice in the Mountain Home News, a
newspaper of general circulation in Elmore County, on January 27, 2010, giving
forty-five (45) days notice to the general public that Elmore County intends to
transfer Three Hundred Sixty-One Thousand, Four Hundred Eighty–Five and 51/100s
Dollars ($361,485.51) in county Title III RAC money received from the United
States of America prior to September 30, 2008, into the general funds of Elmore
County for the reimbursement of Elmore County expenditures for search and rescue
or other emergency services performed by Elmore County employees on National
Forest lands located in Elmore County, as summarized in the attached schedule;
WHEREAS, the Board did not receive any public comment, either oral or written,
concerning the proposed transfer and allocation of referenced Title III RAC
funds; and
WHEREAS, the Board considered the proposed transfer of Title III RAC funds into
the Elmore County general fund during its regular public meeting on the date of
this Resolution and determined that the transfer of such funds has been
satisfactorily demonstrated to the Board.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
That Three Hundred Sixty-One Thousand, Four Hundred Eighty–Five and 51/100s
Dollars ($361,485.51) in county Title III RAC money received from the United
States of America prior to September 30, 2008, contained in line item
654.954.02.018.00 be transferred and shifted to the general fund of Elmore
County, line item 100.300.00.098.00 and that this Resolution shall be effective
upon its passage.
Passed at a regular meeting of the Elmore County Board of County Commissioners
held on the 12th day of March 2010, upon which roll call vote was duly taken and
said Resolution duly passed by unanimous vote.
This Resolution is dated as of this 12th day of April, 2010.
/S/ CONNIE CRUSER, Chairperson
/S/ ARLIE SHAW, Commissioner
/S/ LARRY E. ROSE, Commissioner
ATTEST: /S/ MARSA PLUMMER, Clerk
CERTIFICATION
The undersigned being the County Clerk of Elmore County hereby represents and
certifies to the Board that the sum of Four Hundred Seventy-Eight Thousand,
Eight Hundred Twenty-Three and no/100s Dollars ($478,823.00) was used for Elmore
County Sheriff Department employee salaries, employee rent subsidies, employee
telephone services and ambulance expenses in performing search and rescue or
other emergency services on National Forest lands located in Elmore County,
Idaho, as summarized in the attached schedule, and such expenditures have not
been previously reimbursed from Title III RAC monies received from the United
States.
/S/ MARSA PLUMMER, Clerk
The Gem County Commissioners called and discussion followed on the Recovery Zone
Facility Bonds and Recovery Zone Economic Development Bonds. The Board also
asked Gem County if their license plate and driver’s license departments are
combined and found that they are not. The Board also learned that Gem County
charges certain entities on a per call basis for dispatch and the Gem E.M.S.
crew is a volunteer unit.
The Board began discussing the Memorandums of Understanding with Access Idaho
for the use of credit cards and decided to continue the conversation after the
Emergency Services Building discussion.
Alan Roberts, Mountain Home Extrication, Sgt. Laytreda Schultz, John Cristobal,
Contractor, and Mr. Larry Knopp, Architect, joined the meeting to discuss the
proposed addition to the Emergency Services Building. Civil Counsel, Buzz Grant,
began the discussion with a narrative as to why everybody is here today. Mr.
Cristobal explained that it would cost $40,100 more to build the addition
according to the change order. There would end up being some credits to the
County because of work that will be omitted from the first bid. After a lengthy
discussion it was decided the architect will prepare a change order, a new site
plan and lift station plans.
Motion by Rose, second by Shaw, to award the bid to build the addition to the
Emergency Services Building to C-2 Construction.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to meet in Executive Session pursuant to I.C.
67-2345(b) on personnel issues. Roll call vote taken.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as a result of the Executive
Session.
Motion by Shaw, second by Rose, to sign the construction contract regarding the
Emergency Services Building addition with C-2 Construction, subject to the
Prosecutor’s approval.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Alan Christy, Growth and Development Director, joined the meeting and discussion
followed on the solar panel project off of Simco Road.
An interview was conducted regarding an open position on the Planning and Zoning
Commission.
Discussion followed regarding the Commissioners having a meeting with the
Planning and Zoning Commission.
The only bid, from Bowman’s, Inc., for lighting for the courthouse was opened
and taken under advisement.
Alan Kiester and Lesia Knowlton, Pine/Featherville ambulance volunteers, came
before the Board to discuss how to pay the crew for the ambulance service in the
Pine/Featherville area. A lengthy discussion followed on a plan that was
submitted to the Commissioners.
Motion by Cruser, second by Rose, to amend the agenda to add review of the Pine/Featherville
Emergency Services . Roll call vote was taken.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve Resolution No. 438-10 regarding the
allocation of volume cap for recovery zone facility bonds and recovery zone
economic development bonds.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
ELMORE COUNTY RESOLUTION NO. 438-10
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO,
AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION WITH THE ALLOCATION OF
VOLUME CAP FOR RECOVERY ZONE FACILITY BONDS AND RECOVERY ZONE ECONOMIC
DEVELOPMENT BONDS.
WHEREAS, Elmore County, Idaho (the “County”), by Section 1400U-1 of the Internal
Revenue Code (the “Law”) IRS Notice No. 2009-50 (the “Notice”) and Office of the
Governor, Executive Department, State of Idaho Executive Order No. 2009-15 the
County is authorized to allocate volume cap authority (Volume Cap”) for Recovery
Zone Facility Bonds and Recovery Zone Economic Development Bonds and the County
has received an allocation of such Volume Cap to allocate to ultimate
beneficiaries under the Law and the Notice; and
WHEREAS, the County desires to authorize any of the Commissioners of the County
to execute any documents in connection with said Volume Cap for purposes
including, without limitation, allocation to ultimate beneficiaries or waiver of
the County’s Volume Cap to the Idaho Department of Commerce to make such
allocations.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Any of the County Commissioners of the County may execute any of the
documents in connection with the allocation or waiver of said Volume Cap
authority.
Section 2. This Resolution shall take effect immediately from and after its
adoption and approval as required by law.
ADOPTED by the Board of Commissioners of Elmore County, Idaho this 12th day of
April, 2010.
BOARD OF COMMISSIONERS, ELMORE COUNTY, IDAHO
/S/ Connie Cruser, Chairperson
/S/ Larry Rose, Commissioner
/S/ Arlie Shaw, Commissioner
ATTEST: /S/ Marsa Plummer, Clerk
WAIVER OF ALLOCATION AUTHORITY
The undersigned being the Commissioners of Elmore County, Idaho, and have been
authorized by said County to execute this waiver on behalf to the County. The
County does hereby waive $1,815,000.00 of Recovery Zone Facilities Bonds,
Recovery Zone Economic Development Bonds volume cap allocation authority (the
“Volume Cap Authority”) received by it under IRS Notice 2009-50 (the “Notice”),
Secction 1400U-1(a)(3) of the U.S. Internal Revenue Code (the “Law”) and Office
of the Governor, Executive Department, State of Idaho Executive Order No.
2009-15, dated July 30, 2009 (the “Order”) the Idaho Department of Commerce (the
“Department”) in accordance with the Notice, Law, and Order to allow the
Department to administer and allocate the said Volume Cap Authority to one or
more Ultimate Beneficiaries (as defined in the Order) in the State of Idaho,
Elmore County, until December 31, 2010 and thereafter to one or more Ultimate
Beneficiaries (as defined in the Order) to the State of Idaho who qualifies
under the Order, Law and Notice.
Dated this 12th day of April, 2010.
BOARD OF COMMISSIONERS, ELMORE COUNTY, IDAHO
/S/ Connie Cruser, Chairperson
/S/ Larry E. Rose, Commissioner
/S/ Arlie Shaw, Commissioner
The budget hearings were set for August 23, 2010 at 5:00 p.m. for Elmore County,
Elmore County Pest Abatement District, and the Elmore County Ambulance District.
A meeting was set for the Elected Officials and Department Heads for April 26th
at 8:00 a.m.
The Service Level Agreements with Access Idaho for the use of credit cards in
individual offices were signed.
Motion by Shaw, second by Rose, to adjourn.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
/S/ CONNIE CRUSER, Chairperson
ATTEST: /S/ MARSA PLUMMER, Clerk
