COMMISSIONERS MINUTES                                                     JANUARY 12, 2004


The Elmore County Board of Commissioners met in regular session 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 was Chairman Calvin Ireland, Commissioners Larry Rose and Mary Egusquiza-Stanek. Also present was Clerk Gail Best.

Motion by Egusquiza-Stanek, second by Rose, to approve the minutes of December 17, 2003 and December 22, 2003 as submitted.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Ireland, to approve the payroll for December 2003 as submitted.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Ireland, to approve for the record only, the Clerk’s Bail Bond Report, Recorder’s Office Report, and the Treasurer’s Office Report as submitted.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

Correspondence received was reviewed by the Board.

Ordinances #89-1 and #89-2 relating to use of snowmobiles being used on public roads was discussed. The issue was tabled for later in the day.

Fred Perez, of Idaho Waste Systems, Inc. appeared before the Board to discuss solid waste issues. Fred gave the Board the tonnage reports from September 2003 through December 2003 and apologized for not being able to come in on a more regular basis the past few months. Rail Service to IWS was discussed. IWS has been negotiating with Union Pacific Railway. Rail service will be coming in, it is just a matter of when. Ownership of the railcars was discussed.

Fred Perez stated that Ada County has not yet made a decision about their future plans for their trash disposal. There will be more public hearings conducted in February to determine which option is the best for Ada County. Chairman Ireland asked Mr. Perez if they could go back to meeting more frequently and Mr. Perez stated they would meet at least quarterly.



Elected Officials met with the Board for their regularly scheduled monthly meeting. Rose Plympton, Treasurer, stated that her office had taken in 6.7 million in taxes, which is more than usual, but of course 5 million goes right back out, distributed to other taxing districts. Rose stated her office had started the tax deed process - and they have had about forty people come in thus far and pay their taxes in the last week or so. Rose also stated she had spoken to Dan Chadwick at the Idaho Association of Counties about junk trailers located on someone else’s land and there are no ordinances out in the counties regarding this. Mr. Chadwick had suggested that perhaps the trailers could be zero value so that there would be no taxes due on them.

There was discussion regarding zero values, as the Assessor did not feel the code would allow him to do that. Rose stated the zero value would be a lot less for the Assessor, Treasurer and Sheriff to have to deal with, because they would not have to act if there was not a tax charge. Rose added that these cases would have to be looked at on a case by case basis as far as the zero value. Jim Haydon, Assessor, stated he can’t just pick and choose on value, the value has to be uniform.

Jim Haydon, Assessor, told the Board that he has hired two new men as appraisal trainees for the vacant positions, he is still short two certified appraisers. Jim also advised the Board that he will be bringing in a new mapping contract for the current fiscal year.

Marla Spence, Coroner, stated that things have been quite busy. Commissioner Egusquiza-Stanek asked Marla if she planned to attend the February IAC Conference? Marla replied she would be having surgery that week. Commissioner Egusquiza-Stanek stated that at the fall conference IAC made a point of asking Commissioners to encourage their Coroners to begin attending these meetings if at all possible.

Rick Layher, Sheriff, reported the road conditions have been a problem lately due to the winter weather conditions, but other crimes have actually been down. Rick reported he has not been to Atlanta during this holiday season, but probably should get up there. Sheriff Layher told the Board he still needs to conduct the second part of the Heath Electronics sale, he has been trying to find some buyers for some of the larger items because he would like to gain some profit from the sale. Rick also reported the County is having a problem with some bad dogs, and he and his department are trying to keep on top of it. One child was knocked down by two dogs, and the child’s pants were torn and the child has scratches. Sheriff Layher would like to see some more “teeth” put into the dog ordinance.

The 1989 snowmobile ordinances were discussed at some length, because the Board would like to redo those ordinances. Chairman Ireland stated the County would have to hold public hearings before the ordinances could be changed. and Commissioner Rose stated he felt that the Highway Districts should review and concur with any changes to the ordinances enacted in 1989. During the interim period the Board asked that common sense be used in the issuance of citations written to snowmobilers in the upper country. Sheriff Layher stated he needed to know the Board’s intentions because his department did need to uphold the laws, and ordinances, as they are on the books. The Board reaffirmed their intentions to change the 1989 snowmobile ordinances for the upper country in Elmore County.


Gail Best, Clerk, told the Board that she had rearranged her District Court with the resignation of Nina Patterson and that there were four promotions in the Court moving job assignments around and one new employee hired for the civil desk. Gail gave Sheriff Layher a pamphlet that described the process for sequestering juries and explained that she would need his full cooperation in June when a sequestered jury had been ordered by the District Judge for the penalty phase of a trial. Gail explained to the Board and the Sheriff that Chief of Security, Tom Gibbon, and Bailiff Monte Curran, had gone to visit the Sleep Inn Motel and found it to be suitable for use for that jury. Both Tom and Monte have already been to a training class regarding sequestered juries. The jury will require fifteen rooms that are isolated from the rest of the facility with a hallway between the rooms, and second floor location. Gail stated the main problem will be to “guess” when the rooms will have to be reserved so they can be reserved early. There will actually be no way to tell when the verdict will come in and the penalty phase will begin. There is a real possibility that the County will end up paying for the rooms when they may not be used. Gail is hoping that the motel will work with her on this issue, perhaps allowing a phone call daily saying whether or not the rooms will be required that night or not. The jurors must be in rooms with no telephone or television access and any visitors or phone calls received must be in the presence of a security guard. The group will take all meals together and must be transported to and from the Courthouse as a group accompanied by a security guard. Clerk Best pointed out that this whole process could be very expensive for Elmore County. Clerk Best stated that another training like Monte and Tom had is being held in March, Glen Parsons of Security is attending and she urged the Sheriff to send a person as well.

Dan Hennis and Jolene Hobdey appeared before the Board to discuss the Oasis community. Mr. Hennis stated he understands the community of Oasis will be recognized in the new comprehensive plan - but in the interim they would like to be recognized so they can apply for grants, etc. There was lengthy discussion on various aspects involved in the recognition of the community by the Board. The citizens of the community would like to have a community center combined with the fire station and are seeking grants for the project. They are hoping that the County would offer support for the grant process. Ms. Hobdey stated that Mr. Joe Twitchell, from the Rural Community Development organization has been assisting them in seeking out funds. Mr. Hennis and Ms. Hobdey asked if the Board could write a letter of support in general for their community? Mountain Home Fire Chief, Phil Gridley, asked if he could speak on behalf of the Oasis community and the Board asked him to come to the table. Chief Gridley stated he had been working with the members of the Oasis community for quite some time and they are trying hard to make progress to be self sufficient as a volunteer fire department and a community. Chief Gridley stated he hoped the Board would support them in any way they possibly could. The Board stated they would do a letter in support of the Oasis community.

Motion by Egusquiza-Stanek, second by Ireland, to schedule a hearing on appeals for Occupancy and Missed Roll assessments for January 26, 2004 at 3:00 p.m.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.


Motion by Egusquiza-Stanek, second by Rose, to approve the expenses with the exception of the bills presented by the County Agent’s Office.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.


Motion by Ireland, second by Rose, to adjourn for lunch.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

At 1:15 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Indigent Director Marianne Bate, on a motion by Ireland, second by Rose.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

The following decisions were made:

K-01-04-01 Motion by Egusquiza-Stanek, second by Ireland, to approve with a promissory note for repayment.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

K-12-03-09 Motion by Egusquiza-Stanek, second by Rose, to deny as not last resource.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

K-01-04-03 Motion by Egusquiza-Stanek, second by Ireland, to deny as no interview, not indigent.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

K-12-03-01 Motion by Ireland, second by Egusquiza-Stanek, to deny as not indigent.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

K-12-03-02 Motion by Ireland, second by Egusquiza-Stanek, to deny for all reasons.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

K-02-03-03 Motion by Ireland, second by Rose, to approve with reimbursement order.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

Regular session resumed.


Chairman Ireland stated he would like to discuss Employee meal reimbursements. Prosecutor Aaron Bazzoli was called and asked to bring over the blank food reimbursement form he made for the Commissioners.

A small recess was taken.

Regular session resumed. Prosecutor Bazzoli joined the meeting with his new employee, Terry Ann Kaptein, who he introduced to the Commissioners.

Prosecutor Bazzoli and the Commissioners discussed Indigent Cases. A certain hearing on a case had been overlooked and a decision was not made. The Board asked Aaron if he had the time for indigent cases. Aaron replied most of the time yes, however from June on into the summer and fall he will be involved with the Severson murder case and his time will be limited to that case. Also the Ciccone murder case is upcoming. His office does not have time for minor things and even now he sometimes can’t make it for the scheduled 1:15 p.m. Commissioners indigent meetings. The Commissioners asked Prosecutor Bazzoli about collections on past due indigent accounts. He stated his office did not have time but he was sure a collection agent could be found. The Commissioners will look into calling a collection agency to handle the past due indigent accounts and seeking outside council for Indigent matters.

Karen Martin, the County’s grant writer, appeared before the Board with an update on grants available to the County. She compiled the list of grants with the input of the Board. Mark Russell, Growth and Development Director, was also present to recommend a public safety foundation grant that was available. Discussion followed and the Commissioners told Ms. Martin what direction to take on the grants. On the Waterways grant she was instructed to contact Donnie Labelle, Jeff Day, or Russell Anderson. Ms. Martin is already working on the Title II and Title III monies. The fire mitigation grant was discussed and RC&D has done some work on this and some of the communities are not ready yet. Ms. Martin was instructed to contact Jolene Hobdey regarding the community of Oasis and their volunteer fire department. Also to contact Jennifer Crogg, our probation officer, and see about grants for that office.

The CASA program was discussed, which is a program for juveniles. The Commissioners gave Ms. Martin a phone number to Dena Chappell who is a contact for this program. Ms. Martin was instructed to contact her and Commissioner Rose will work with her on this.

Jeff Hobbs, 330 Wilson Drive, Mountain Home, Idaho, appeared before the Board regarding a request to have a barrier installed by the fence in his backyard. Mr. Hobb’s property is on the corner of Canyon Creek Road and Frontage Road, where there is a hairpin curve. Mr. Hobbs explained when the weather is not good, snow, ice, etc., there have been many near misses of people almost hitting his fence with one incident where a car did run into his fence. He has small children who play in the yard and is concerned. He has spoken to the Highway District and was told they would not put up a barrier and to contact the County Commissioners.


Chairman Ireland explained that anything to do with the roads in the County were the responsibility of the Highway District. He explained they were a taxing district separate from the County Commissioners responsibility. Only the tax dollars are collected by the County and dispersed to the Taxing Districts. Chairman Ireland suggested returning to the Highway District, get on the agenda for one of their meetings, and speak to them personally about the problem. Chairman Ireland feels the reason it was turned down could possibly have been a liability issue.

Mr. Hobbs thanked the Commissioners for their time.

The Pine Transfer Station remodel was discussed along with the Prairie Transfer Station and the Hammett Transfer Station. Chairman Ireland is working on getting the specifications for the Pine Transfer Station to the Forest Service. Plans for the Prairie Transfer Station need to be done. Commissioner Rose stated the Hammett Transfer Station is bad when the wind is blowing. Building an enclosure around it should help.

Motion by Ireland, second by Rose, to sign the proposed number of ballots needed for the May 2004 primary election as presented.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Rose, to send the letter out that the Board had drafted for the recognition of the Oasis community.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

Board responsibilities were discussed. Each Commissioner will keep the departments to oversee as now assigned. There was discussion as to which Board member would take the Chairmanship position. Motion by Ireland, second by Rose, to appoint Commissioner Egusquiza-Stanek as Chair.
IRELAND - AYE
ROSE - AYE
EGUSQUIZA-STANEK - AYE Motion carried and so ordered.

The 1989 snomobile ordinances were discussed with Prosecutor Bazzoli. Prosecutor Bazzoli stated the 1989 ordinances quote Idaho Code 49-2610 and 49-2611 and that code has been amended to Idaho Code 67-7109. The Prosecutor suggested the Board write to each highway district to see where they would not want snowmobiles on the roads. The Board stated that they are only talking about the upper country which would be East and North of Foothills/Mayfield Road, Highway 20 East to the County Line, and Blacks Creek to Foothills Road to Highway 20 and North from Trails Reservoir to Highway 20 and East from Bennett Mountain.

Motion by Egusquiza-Stanek, second by Ireland, to go into Executive Session pursuant to Idaho Code 67-2345(b).
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed and no action was taken as result of the executive session.


The District III meeting of Idaho Association of Counties was discussed. Commissioner Ireland and Commissioner Egusquiza-Stanek will attend the meeting which will be held in Gem County January 16, 2004. The Clerk was instructed to register them for the meeting and to notice it up.

The Malcomson Snow Park was discussed. A local snowmobile club would like to maintain and operate the snow park. More information will follow on this at a later date.

The Board instructed the Clerk to ask the elected officials to attend the next meeting, along with the Department Heads. The Clerk was also instructed to write a letter to Public Defender Ed Frachiseur informing him that the County did not wish to contract for a conflict attorney at this time.

Motion by Ireland, second by Egusquiza-Stanek, to adjourn the meeting to attend the swearing in ceremony for the Mayor and City Council.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

/S/ MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk