COMMISSIONERS MINUTES
JANUARY 26, 2004
The Elmore County 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 were Chairperson Mary Egusquiza-Stanek, Commissioners
Larry Rose and Calvin Ireland. Also present was Clerk Gail Best.
Motion by Ireland, second by Rose, to approve the minutes of January 12, 2004
and January 15, 2004. There was discussion. Amended motion by Ireland, amended
second by Rose, to approve the minutes of January 12, 2004 and January 15, 2004
with the addition of one word.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza-Stanek read a Certificate of Residency for Becky Sue
Robinson into the record. Motion by Ireland, second by Rose to approve and have
the Chair sign the Certificate of Residency.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Correspondence received was reviewed by the Board.
Tax Cancellations were read into the record by the Chair. Motion by Ireland,
second by Rose, to grant the tax cancellations as read: No. 692 Deanna Strom
$200.02, No. 693 Pedro Martinez $167.06, No. 694 Mountain Fund LLC $.03 and
No.695 Studio 160 for a total of $367.11.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Department Heads and Elected Officials met with the Board jointly for their
first meeting. Chairperson Egusquiza-Stanek explained the new meal request form
that will be required for meals. There was general discussion and some questions
regarding the use of the forms.
Stephanie Kazyaka representing the Juvenile Department brought in a contract
with Charles Michael Jewell for counseling services for adolescents through
referrals from the Elmore County District Court. The referrals will be
coordinated with an assigned probation department for initial assessment and
screening. Prosecutor Bazzoli has written and reviewed the contract.
Dan Collins, Plant Facilities Manager, reported that the remodeling of the all
purpose room was progressing nicely and it would be painted on Tuesday.
Mark Russell, Growth & Development Administrator, presented the Board with his
monthly revenue and budget report. Mr. Russell reported he is drafting a letter
to Mrs. Saylor in response to her letter of January 9, 2004, regarding Ordinance
99-4 regarding agricultural buildings. Mr. Russell also addressed the letter the
Board had received from Heidi Skinner. Mr. Russell explained that a recreational
vehicle can be used as temporary housing, however hers is intended for full time
use. Therefore the department denied the electrical permit. Ms. Skinner then
complained about her treatment in writing to the Board but Mr. Russell maintains
he was not rude to Ms. Skinner and that Prosecutor Bazzoli will draw a response
to her letter.
Tom Gibbon, Chief of Security, reported that the all purpose/extra courtroom is
coming along. He reported he has been working with the Sleep Inn on housing the
jurors that may be sequestered in June, and has found there is a banquet room
that AJ’s would be willing to cater meals in for those jurors.
Jim Haydon, Assessor, stated he does have two new employees hired and that one
is starting work today and one will start at a later date. Commissioner Ireland
asked how long before those employees were “up to speed”? Jim Haydon replied it
takes two years.
Teri Lasuen, Chief Deputy Treasurer, reported that after the Board of
Equalization is past, their office will start working on delinquencies and
preparations for the tax drive.
Rick Layher, Sheriff, reported that an eight month old baby had died over the
weekend. Commissioner Ireland inquired if that might be the body that Coroner
Spence was taking to Boise for an autopsy that morning and the Sheriff Layher
reported it was. Sheriff Layher also reported on the incident on Friday when a
suspect dragged him with a vehicle. The suspect was later apprehended.
Stacie Prow brought the Board a letter from Mir Seyedbagheri explaining that he
was over at the Legislature regarding sugar beets. Stacie also reported that the
State Weed Inspector has been in auditing her weed records and equipment. The
auditor offered a few minor suggestions, but all in all everything had gone
well. Stacie also stated the IWCA conference is coming up and would like to have
the registrations sent in as soon as possible. The conference will be held in
two weeks. Chairperson Egusquiza-Stanek asked Stacie to bring her the paperwork
for payment.
Gail Best, Clerk, reported that she has been extremely busy with employee job
descriptions, a large auditing project and of course a special commissioner’s
meeting.
Prosecutor Bazzoli stated he wasn’t aware he would be asked to give a report at
this meeting, but he will be bringing in a report on his case load at the
February 9th meeting.
Finance charges being charged by Les Schwab Tires was discussed. Commissioner
Ireland said he would visit with them about holding off on those charges until
the bills could be paid.
A brief recess was taken.
Regular session resumed.
A signature stamp for Commissioner Rose was discussed. The stamp would be in
possession of Clerk Best and would only be used with the permission of
Commissioner Rose on correspondence and documents that require all three Board
members signatures that are done when the Board is not going to meet for some
time.
Phil Miller, Attorney, appeared to discuss indigent hearings and whether or not
he would be willing to represent the County. There was discussion about how to
better cover indigent hearings, ask Mr. Miller to do part of the load and the
Prosecutor the other? Prosecutor Bazzoli stated he felt it should be all one way
or the other. The Board asked Mr. Miller to submit some cost figures to them.
Motion by Ireland, second by Egusquiza-Stanek, to sign the contract with Charles
Michael Jewell to provide counseling services for juveniles.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
There was discussion regarding the caseload for Indigent. Clerk Best had
provided the Board with the results she had obtained from polling other Idaho
counties regarding indigent matters, a comparison of the last few years
caseload, a comparison of the last four years indigent budgets and a section of
Idaho code. Welfare Director Marianne Bate stated she is simply overwhelmed with
the caseload and can no longer carry the burden alone because, even with working
overtime, she can’t get it all done. Clerk Best stated that it is very important
to have the time to work on getting the people to reimburse the County for
services, and there has not been time to keep up with the cases, and work on
reimbursements. There was discussion on legal services for indigent. Clerk Best
explained that the rest of her staff is unable to do much to help Marianne
because they only work a thirty-five hour week and are all cross-trained to fill
in for each other and none of them have any additional time to help Marianne.
Clerk Best stated they were asking the Board for additional help for indigent
cases. There was lengthy discussion about the issue. Motion by Ireland, second
by Rose to hire a part time person to assist with the indigent cases, hours not
to exceed nineteen and a half hours per week.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to adjourn for lunch and to conduct a
quarterly jail inspection with lunch provided by the jail.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - 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 Egusquiza-Stanek,
second by Ireland.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Also present was Prosecutor Bazzoli.
The following decisions were made:
K-12-03-03 Motion by Rose, second by Ireland, to deny as incomplete.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-12-03-04 Motion by Egusquiza-Stanek, second by Rose, to deny as incomplete,
not timely.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-12-03-05 Motion by Egusquiza-Stanek, second by Rose, to deny at this time as
incomplete, not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-12-03-06 Motion by Ireland, second by Rose, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-10-03-04 Motion by Egusquiza-Stanek, second by Rose, to deny as not indigent
on reconsideration.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-09-03-02 Motion by Ireland, second by Egusquiza-Stanek, to approve on
reconsideration with a promissory note.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Still in Executive Session, a hearing was held on K-09-03-08. Present at the
hearing were the three Commissioners, Prosecutor Aaron Bazzoli, Teri Kaptein
from the Prosecutor’s Office, Marianne Bate, Indigent Director, Bonnie Miller,
Elmore Medical Center, the Applicant and his roommate and her child. Prosecutor
Bazzoli asked the applicant questions.
Motion by Ireland, second by Egusquiza-Stanek to approve K-09-03-08 with a
promissory note with payments of $125.00 to $150.00 per month. Discussion
followed.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The hearing was closed.
Still in Executive Session another hearing was held on K-10-03-05. Motion by
Ireland to continue the hearing until February 23, 2004 at 2:15 p.m. in order to
have time to subpoena the applicant.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Ireland, second by Rose, to approve the expenses in the amount of
$142,782.98. Discussion followed.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The Request for Proposal for the Ambulance contract was discussed. Chairperson
Egusquiza-Stanek stated she did not want an air ambulance to be a part of it.
Commissioner Rose and Prosecutor Bazzoli will meet on Thursday, January 29th to
discuss the Request for Proposal.
A letter to the Highway Districts was discussed regarding the snowmobile
ordinances. Prosecutor Bazzoli will write the letter and Commissioner Ireland
will get with the Prosecutor on Thursday, January 29th to discuss the contents
of the letter.
Chairperson Egusquiza-Stanek will meet with Prosecutor Bazzoli on Thursday
January 29th to discuss a Department Head letter for the Extension Office.
Stephanie Kazyaka appeared before the board regarding the El-Wyhee Community
Action Coalition (EWCAC). Also present was Mark Russell, Growth & Development
Department Head, and Mike O’Neil, president of the Coalition. Mr. O’Neil
explained that the vision of the El-Wyhee Community Action Coalition is to
cultivate, unify, and enhance resources to promote a prosperous, healthy, and
safe community for youth and families. The Coalition started in 1998 after the
community’s participation in the “Enough is Enough” campaign. In 2001 the
Coalition organized under the “Mountain Home Municipal Development Corporation”.
In 2002 the Coalition began the process of incorporation by establishing
by-laws, and identifying it’s mission, vision, and goals and anticipate
establishing as a 501c3 by the spring of 2004. The Coalition asked the
Commissioners if they could donate towards the expense of a filing fee toward
incorporation as a non-profit (5013c) organization. The estimated expense will
not be more than $500.00. The Commissioners explained the County budget was
already set, and with the upcoming murder trials all departments have been asked
to watch their spending. All three Commissioner donated personally $100.00 each
to the Coalition and made a challenge to the City Council Members to match their
donation. Mark Russell donated $100.00 also and said he would inform the other
City Council Members at their meeting tonight. Ms. Kazyaka and Mr. O’Neil
thanked the Commissioners and Mr. Russell for their generous donations.
Commissioner Rose told Deputy Clerk Steele to put the El-Wyhee Community Action
Coalition in the file for the 2005 budget process along with the other
organizations who request funds.
Stacie Prow appeared before the Board with an Amendment of Request for
Application/Modification of Assistance Agreement between Bureau of Land
Management and Elmore County for noxious weed control. The modification is a
no-cost extension for a task order through September 30, 2004. Motion by
Ireland, second by Rose, to have chairperson Egusquiza-Stanek sign the
agreement.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Judi Devol appeared from the Mountain Home News and asked the Commissioners some
questions on the agenda items that she might have missed from earlier in the
day. The Ambulance RFP, the Vessel Money, and the Snowmobile Ordinances. The
Commissioners explained they were getting a Request for Proposal ready for the
Ambulance Contract, that possible funds could be available for dock repair,
replacement and maintenance and the Commissioners would be contacting the
Highway Districts to receive input from them regarding snowmobile rules up in
the hills.
Discussion on the Atlanta Quick Response Unit (QRU) followed. Chairperson
Egusquiza-Stanek told the Board that there are 3 people associated with the
Atlanta QRU now. The Commissioners are donating an old ambulance to the Unit.
The Unit would like to have more than three people and would like the
Commissioners to appoint more. Discussion followed and the Commissioners did not
think they were in the position to appoint anyone to the QRU. This is a
volunteer program and QRU positions are not appointed for any of the outlying
areas.
Chairperson Egusquiza-Stanek will inform the Atlanta QRU to contact the State
and see what their guidelines are on the process.
A short recess was called.
Regular session resumed.
Wind power was discussed by the Board. Commissioner Ireland will talk to Mark
Russell to get the issue placed on the Planning and Zoning Commission agenda to
consider whether the issue of wind power should be addressed in the revised
Comprehensive Plan.
Motion by Chairperson Egusquiza-Stanek, second by Rose, to recess as a Board of
Commissioners and convene as a Board of Equalization. Jim Haydon, Assessor, Jo
Gridley, Chief Deputy Assessor, and appraisers Donna Alger and Jody Soboslai
joined the meeting.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Roger H. and Lenore A. Jones, 1075 East Garfield Avenue, Glenns Ferry, Idaho,
83623, appeared before the Board to discuss their parcel RPB0049026003B. Mr.
Jones stated they recently built a new home and therefore the property was
appraised for the loan. The first appraisal came in at $214,000 which really
amazed and concerned him so he immediately requested it be reappraised and that
appraisal came in at $238,000. Mr. Jones said the Assessor is charged by Idaho
Code with assessing at 100% of market value and that is what he should be doing.
Mr. Jones also brought in two flyers addressing the water problem in Glenns
Ferry - a boil order from the City and a Public Health Notice from the
Department of Environmental Quality. Mr. Jones also sited a natural gas line on
his property, and oil pipeline on the East side of his property, and the high
tax levy for the City of Glenns Ferry as reasons it would be difficult to sell
his property. In conclusion Mr. Jones stated he wants the Assessor to use the
professional appraisal of $238,000 for his home with $35,000 for the land.
Donna Alger stated that she feels the Assessor’s office has treated Mr. & Mrs.
Jones fairly and equitably and presented three comparables. Ms. Alger stated
that since the amended occupancy notice went out, they had found a minor error
and are requesting that the Board lower the assessed value on the residence to
$265,598. The Board thanked Mr. & Mrs. Jones and Ms. Alger for their time.
William F. Ringert, Box 105, Hammett, Idaho 83627, appeared before the Board to
discuss his parcel R2 05S08E251800A. Mr. Ringert stated he believes this
property should not be classified as commercial, but should be classed
agricultural. Mr. Ringert stated that wine grapes are a crop, so an agricultural
category would be appropriate. Mr. Ringert stated the building located on the
property is used for agricultural purposes as it is part of the operation and
gave the Board a drawing depicting the fermentation and storage tanks, the lab,
office and tasting and sales room. Mr. Ringert also provided the Board with some
general information regarding the business of a vineyard and winery. Mr. Ringert
discussed the definition of agriculture and stated that wine is regarded as
food, so thus it is a crop. Mr. Ringert stated he hopes to produce 10,000 cases
per year at the winery.
Jo Gridley of the Assessor’s office stated that on January 22nd and 23rd she had
called numerous County Assessor’s offices across the state to verify which
category they had wineries in if they had any. The numerous counties agreed it
should be a commercial category. Ms. Gridley also pointed out that Carmela
Winery is assessed as commercial. Ms. Gridley also stated she had talked with
Henry Nagel of the State Tax Commission who is a Tax Policy Specialist and Mr.
Nagel said the State Tax Commission’s policy is that the Assessors are to use
actual and functional use - zoning would be a distant second and only used if
there is doubt or uncertainty as to actual/functional use. Ms. Gridley supplied
the Board and Mr. Ringert with several code sections pertinent to the issue. Mr.
Ringert told the Board he was really concerned about the long range implications
of the category, for example, being able to call his equipment agricultural
equipment.
E. Jex Hepworth, 680 N. 900 E., Bountiful, Utah, 84010, appeared before the
Board to discuss his parcel RP 001520010070. Mr. Hepworth stated that his cabin
is larger than he originally had figured and that he has done all the
construction himself. Mr. Hepworth stated he feels the value of the cabin should
be $150,000 since they have approximately $110,000 in materials and paid out
labor from other individuals, the remaining $40,000 would be the value of the
owner’s labor. Mr. Hepworth fells his assessment is too high.
Jody Soboslai of the Assessor’s office stated that the cabin is approximately
70% complete, but it is clear that a great deal of attention is being placed on
the details, with a large amount of custom work in wood and stone work. Ms.
Soboslai feels that the assessment of $226,212 is fair and correct on this
property. Ms. Soboslai stated that she has placed numerous phone calls to see
what the various custom work is worth. Ms. Soboslai told Mr. Hepworth he is
doing beautiful work.
The Board recessed as a Board of Equalization and resumed their session as a
Board of Commissioners.
Merrilee Hiler and Amber Sloan appeared before the Board as members of the Sick
Leave Bank Committee to answer any questions the Board might have on the
proposed Sick Leave Bank proposal. Prosecutor Bazzoli stated he has read the
proposal and finds no problem with it. Ms. Hiler and Ms. Sloan answered numerous
questions from the Board. A few minor changes were suggested. The changes will
be made and the issue will come back before the Board for review.
Nick Schilz, Chief Deputy Sheriff, appeared before the Board to discuss several
items. The first item was a contract with social security which would allow the
County to receive a check for
housing illegal aliens. Motion by Ireland, second by Rose, to authorize the
Chairperson to sign the contract.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Nick Schilz then stated there was a special use permit required by the Forest
Service to install the repeaters purchased with the Title III Craig-Wyden funds.
Motion by Rose, second by Ireland, to sign the application for the Forest
Service for a Special Use Permit to put up the repeaters.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Nick Schilz then told the Board that the Bureau of Disaster Services, now
Homeland Security, wants to close out prior Disaster Declarations on projects
that have already been completed. There was some discussion on what projects and
Nick was told to go ahead and work on that.
Bart Eben, 405 Birch Street and Ron Hazuka, 416 Birch Street, appeared before
the Board during the public portion of the meeting to discuss the alley between
Birch and Cedar Street. Mr. Eben stated that the alley needs to be closed off
since it is too narrow for emergency vehicles to get down. Mr. Hazuka stated
that the property is not really even an alley, but actually is a 10 foot utility
easement. When the E-911 Street Naming Committee was working the area they put
up a street sign naming it Balsa, and then people began really using it as a
street. There has been some property damage to neighbors property due to
increased traffic down the 10 foot easement. The Board stated this was not a
matter for the Commissioners as it is a civil matter but they did suggest the
property owners could block off the easement and simply issue keys to emergency
personnel who might need to use it.
An application for property tax exemption for the Bible Baptist Church, Inc. was
discussed. Motion by Ireland, second by Egusquiza-Stanek, to deny the exemption
until the church is actually using the property as a parking lot.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Ireland, to recess as a Board of
Commissioners and reconvene as a Board of Equalization.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Rose, regarding the property of E. Jex
Hepworth and Jeannine Hepworth, parcel number OC001520010070A, to uphold the
assessed value of $226,212 as set by the Assessor’s Office.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek, regarding the property of William
F. & Lynne K. Ringert, parcel #R205S08E251800A and #0205S08E251800A, to uphold
the decision of the Assessor that a commercial category be used on this
property.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek, regarding the property of Roger
H. & Lenore A. Jones, parcel #OCB0049026003BA, to lower the valuation to
$265,598 as suggested by the Assessor and pro-rate for occupancy.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek, to close the Board of
Equalization.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session was resumed. The High Desert Sled Heads desire to operate and
maintain the Malcomson Snow Park was discussed. Clerk Best suggested that Terry
Sloan put the club’s desire into writing for the Board.
Motion by Ireland, second by Rose, to adjourn.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
