COMMISSIONERS MINUTES                                August 2, 2010



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 Chairperson Connie Cruser, Commissioners Arlie Shaw and Larry Rose. Also present was Civil Attorney Buzz Grant and Deputy Clerk Barbara Steele.

Bill Richey, Governor’s Special Assistant for Military Affairs, joined the meeting and gave the monthly report on his office. The Joint Land Use Compatibility Study Update was discussed. The F-35 basing process was reviewed. Neither Idaho base was listed as a preferred base although this is not the final basing decision and the Environmental Impact Study will still need to be completed to make a final decision. Mountain Home Air Force Base airspace expansion was denied by the FAA and the wing plans to continue to pursue the airspace expansion. The 2010 Association of Defense Communities Summer Conference is August 7-11 in San Francisco, CA. Mr. Richey will be attending the conference.

Katie Ashby, Drug Court Coordinator, appeared and discussion followed on the location of the Drug/DUI Court meetings. It was decided that the Memorandum of Understanding for the use of the Mountain Home Library for the meetings did not have to be signed by the Commissioners.

Marty Jones, Central District Health, appeared and discussion followed on current activities related to the County and Central District Health. The economy was discussed and Mr. Jones stated the Department is getting busier.

Motion by Shaw, second by Rose, to approve the minutes for July 26, 2010, regular and special session.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

The deliberation of the Comprehensive Plan Amendment was held. Growth and Development Director Alan Christy was present. The location of Idaho Waste Systems was briefly discussed. Commissioner Shaw stated he is not in favor of the proposed amendment to the Comprehensive Plan from the Planning and Zoning Commission as it leaves things wide open and was not specific enough. Chairperson Cruser stated the County needs to plan for the future to limit heavy industry and to realize that there could be other places besides Simco Road that specific heavy industry could locate. Chairperson Cruser reflected on years past regarding the opposition of growth in the City. The need for growth finally outweighed the opposition. Chairperson Cruser briefly reviewed the suggested changes to the Comprehensive Plan received from the Planning and Zoning Commission stating the terms are in the eye of the beholder. Commissioner Shaw questioned the definition of Critical Area of Concern. Mr. Christy reviewed for the Commissioners the difference between production and generating. Commissioner Rose stated he feels that the proposed amendments to the Comprehensive Plan from the Planning and Zoning Commission are not consistent with the goals and objectives of the existing Comprehensive Plan. Commissioner Rose stated this was too much for the Planning and Zoning Commission and/or the three Commissioners to make a decision that is going to affect the citizens of Elmore County. Commissioner Rose stated there should be a complete review of the Comprehensive Plan and let the people decide what they want in the area where they live. Chairman Cruser agreed with the idea of the review of the Comprehensive Plan. Private, state and forest land in the County was discussed. Discussion followed on procedures that would follow any decision made by the Commissioners.

Motion by Shaw, second by Rose, to deny/reject the amendment to the Comprehensive Plan as presented to the Commissioners by the Planning and Zoning Commission.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Another public hearing will be held on August 30, 2010 to take public comment on the above decision.

Motion by Rose, second by Shaw, to sign Resolution No. 441-10 regarding Title I, Title II and Title III (Craig Wyden) funds.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

BEFORE THE BOARD OF COMMISSIONERS
FOR ELMORE COUNTY

In the Matter of the FFY 2010 )
Elections for National Forest ) RESOLUTION NO.441-10
Related Safety-Net Payments )

WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires that 25 percent of the 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; and

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; and

WHEREAS, the United States Congress recognized a need to stabilize education and road maintenance funding through predictable payments to the affected counties, and to achieve that goal enacted the Secure Rural Schools and Community Self-Determination Act of 2000, which has been amended and re-authorized for FFY 2008 - 2011 (“SRS2008”); and

WHEREAS, Title I of SRS2008 gives each eligible county the right to elect to receive either its traditional share of revenues from the National Forest lands pursuant to the Act of May 23, 1908 and Section 13 of the Act of March 1, 1911 (the “25-percent payments”), or instead to receive a guaranteed minimum share of the State payment pursuant to Sections 102(a)(1)(B) and 103 (the “full county payment amount”); and

WHEREAS, Elmore County elected in FFY 2008 to receive the guaranteed minimum full county payment amount pursuant to SRS2008 Sections 102(a)(1)(B) and 103; and

WHEREAS, an election to receive the full county payment amount is effective for all federal fiscal years through FFY 2011; and

WHEREAS, any county electing to receive a full county payment amount that is $100,000 or more must further elect to expend an amount not less than 15 percent nor more than 20 percent of its full county payment amount as project funds; and

WHEREAS, Title I, Section 102(d) of SRS2008 requires that counties electing to receive a full county payment amount of $100,000 or more must allocate its project funds for between projects in accordance with Title II and Title III, and return the balance of project funds unspent under Titles II and III to the Treasury of the United States, and communicate such allocation to the Secretary of the United States Department of Agriculture; and

WHEREAS, Title II provides for special projects on federal lands or that benefit resources on federal lands, which projects are recommended by local resource advisory committees (“RACs”); and

WHEREAS, RACs recommend projects for consideration by the Secretary of Agriculture, with project funding supplied in whole or in part out of monies allocated for such purposes by participating counties; and

WHEREAS, counties that allocate funding to projects under Title II, and are participants in more than one RAC, may further direct that their Title II project funds be divided between different RACs according to an allocation decided by each participating county, with such funds held in the Treasury of the United States under the name of the county with a designation of the amount allocated to each RAC; and

WHEREAS, Title III provides for county projects, some of which are associated with federal lands, with Title III authorizing expenditures for search, rescue and emergency services, fire prevention and planning under the Firewise Communities program, and development of community wildfire protection plans; and

WHEREAS, a county with a full county payment amount of $350,000 or more may not allocate more than 7 percent of its full county payment amount for Title III projects.

NOW, THEREFORE, be it resolved as follows:

1. Elmore County has elected to receive a full county payment amount that is $100,000 or more, and hereby allocates 15% percent of its full county payment amount for expenditure on projects under Title II and Title III. Elmore County will return none (zero percent) of its full county payment amount to the Treasury of the United States.

2. Of the percent allocated to Title II and Title III projects above in paragraph 1, Elmore County further allocates between such Titles for FFY 2010 (for expenditure after FFY 2010) on the following basis: fifteen percent (15%) of full county payment amount for expenditure on Title II projects and zero percent (0%) of the full county payment amount for expenditure on Title III projects.

3. The original or a copy of this Resolution shall be transmitted to Seth Grigg at sgrigg@idcounties.org or fax (208) 345-0379 by September 20, 2010.

ADOPTED this 2nd day of August, 2010.

ELMORE COUNTY BOARD OF COMMISSIONERS
CONNIE CRUSER, Chairperson
LARRY E. ROSE, Commissioners
ARLEN O. SHAW, Commissioner
ATTEST: MARSA PLUMMER, Clerk

Motion by Shaw, second by Rose, to add the Growth and Development Director Alan Christy to the agenda to discuss current activities.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Discussion followed on the Camp Reed Wind Farms. The ambulance building bid paperwork will be prepared. Both items will be put on the agenda for next week.

Motion by Shaw, second by Rose, to approve and have the Chairperson sign the Application and Certificate for payment to C-2 Construction in the amount of $107,255.70 regarding the addition to the Emergency Services Building.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345 (b) to discuss a personnel issue. Roll call vote was taken.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

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


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

Regular session resumed.

Chairperson Cruser asked Judge Epis to join the meeting. The process to make certain substances illegal was discussed. Judge Epis told the Board that if there is not a state or federal law, city or county ordinances could be enacted.

Motion by Rose, second by Cruser, to add to the agenda that the Board met with Judge Epis.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Scott Hunsaker, HCM Holmstead, came before the Board to review the annual county audit. Mr. Hunsaker began by stating that the County had a “clean” audit, meaning that he found no significant errors or problems. Mr. Hunsaker and the Board reviewed each page of the audit report. Internal controls were discussed.

Sheriff Rick Layher joined the discussion with the auditor. He asked Mr. Hunsaker about the Special Deputies account. The Special Deputies have recently become a 501(c)3 entity. The auditor stated that the entity should be able to have a checking account. There was a discussion about a Special Deputies check that was given to the clerk in 2007. At one time the Treasurer also had possession of the check and some of those in attendance believe it was given back to a Sheriff’s deputy. Sheriff Layher will do some checking to see if he can find where the check went.

City of Mountain Home Mayor Tom Rist, City Clerk Nina Patterson and City Treasurer Paula Szafranski came before the Board to discuss the expiration date of Liquor Licenses issued by the City and County. All parties agreed to change the expiration date of the liquor licenses to September 30th of each year.

Motion by Cruser, second by Shaw, to meet in Executive Session pursuant to I.C. 67-2345(d) to with Social Services Director Marianne Bate to discuss indigent applications.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed and the following decisions were made:

K-06-10-08 Motion by Shaw, second by Rose, to approve the application with payments to reimburse the County of $100 per month beginning October 15, 2010 and 50% of any tax returns.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

K-06-10-09 Motion by Shaw, second by Cruser, to deny the application as the applicant is not indigent.
CRUSER -AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

K-06-10-10 Motion by Rose, second by Cruser, to deny the application as the applicant is not indigent.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Larry Jewett, Fair Board Chairman and Shae Burns, Fair Manager, came before the Board. Ms. Burns last official day of employment was yesterday and discussion followed on filling the Fair Manager position and who would be responsible for expenses and other functions until the position is filled. Clerk Plummer offered to prepare vouchers and receipt monies that come in for the Fair until a new Fair Manager is hired. Mr. Jewett and the Board agreed to keep the position as a contract employee and decided on a salary of $18,000 per year.

A small recess was taken. Regular session resumed.

Motion by Cruser, second by Shaw, to add to the agenda the discussion of hiring a new Fair Manager with Larry Jewett.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

Dan Collins, Plant Facilities Manager, was present when the Board opened the bids for the boiler replacement at the Elmore County Courthouse. Commissioner Cruser read off the first bid from Cloverdale Plumbing of $53,500. Commissioner Rose read the next bid from West Tech Boiler Works of $49,635. Commissioner Shaw read the final bid from Drake Plumbing and Heating of $38,999. Mr. Collins will review the specifics of the bids this week and make a recommendation to the Board next Monday.

Brian Orban, from the Mountain Home News, came before the Board to ask them about their decision on the Comprehensive Plan Amendment. He confirmed that the Board voted unanimously to deny the amendment to the County’s Comprehensive Plan.

Motion by Shaw, second by Cruser, to adjourn at 5:20 p.m.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.

/S/ CONNIE CRUSER, Chairperson
ATTEST: /S/ MARSA PLUMMER, Clerk