COMMISSIONERS MINUTES                                                    FEBRUARY 9, 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.

Mark Russell and Danette O’Donnell of the Growth and Development Department appeared before the Board for approval of the Northern Lights Subdivision Plat. Mr. Russell stated he has a $125,000 Irrevocable Letter of Credit from the developer to hold until the required road has been built. There was discussion on what time frame should be used for completion of the road, and whether it should be tied to the sale of the lots, for example two years and the sale of two or three lots. The Board stated they wanted some time frame prior to signing the plat. Mr. Russell stated he would call the developer’s agent and be back with the plat later during the day.

Motion by Ireland, second by Egusquiza-Stanek, to approve the minutes of January 23, 2004 and January 26, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

There was discussion on the expenses, a method of deducting sales tax, finance charges and alcoholic beverages from meal receipts was discussed. The discussion was tabled until later in the day.

Department Heads and Elected Officials met with the Board for their regular scheduled monthly meeting. Jo Gridley, representing the Assessor’s Office stated that she was filling in for Jim Haydon and he just wanted her to clarify that on the issue of “junk trailers” the position of the Assessor’s Office is to leave them on the roll and the Board could handle it with a cancellation of taxes prior to the period of issuing a distraint warrant. Ms. Gridley also discussed a request she had received from the City Clerk in Glenns Ferry requesting individual values in Glenns Ferry. Jo stated none of the reasons for asking for the information explained why individual assessments were requested rather than total values. There was discussion about the public records law and what was included and what was not.

Ted Knudson, of the Juvenile Probation Department, stated that Mr. Jewell is now fully on board and is conducting anger management class and counseling for juveniles. Ted stated all appears to be working well.

Motion by Ireland, second by Egusquiza-Stanek, to sign the memorandum of agreement to support Functional Family Therapy.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


Rose Plympton, Treasurer, stated her office is working on the fiscal year 2000 delinquencies, there are thirty-five that have not been paid and the Treasurer will publish the list the end of February. Rose asked the Board to review the list to see if they knew any of the taxpayers on the list that she has been unable to locate.

Gail Best, Clerk, spoke to the assembled group about a company called Shred Pro. Gail and some of her staff had seen a demonstration the previous week and were really impressed with the service. Gail explained a bit about the service and inquired how many offices were interested in the service. Gail stated she felt perhaps, if the cost was low, the expenditure could come from the general expense fund.

Mir Seyedbagheri brought the Board his summary report of activities and expanded on the projects for the benefit of the Board. Mir also gave the Board IMPACT PAMPHLETS on Mormon Crickets & Grasshoppers and Rush Skelton Weed.

Dan Collins, Plant Facilities Manager, stated there is now a color copier located in Mir’s office which is available for other County departments to use if they need a color copier. Dan stated the multi-purpose room will be ready for use in several days. The ceiling tiles have not come in, but the room will still be useable and his crew can work around scheduled meetings, etc. Dan also reported that the upstairs of the Public Defender’s office has now been carpeted. Dan stated that the postage meter will be moved to the Security Office, off the multi-purpose room soon.

Sheriff Rick Layher stated he will be having a group of high school students touring the campus on March 8, 2004 from 1 p.m. to 3 p.m. and asked if the Board could not hold any executive sessions during those hours so that the students could observe a Commissioner’s meeting. The Board agreed to do so.

Mark Russell, Administrator of the Growth and Development Department reported to the Board that his department was continuing to operate under budget. Mark stated that his office had received a check for almost $5,000 for a permit for another dairy coming in. Mark also reported that Myron Adamson will be gone next week to Seattle for re-certification.

Tom Gibbon, Chief of Security, reported that Glenn Parsons will be going to training in Salem, Oregon in March and that two people from the Sheriff’s office will also be attending the same training so all three will be driving over to the training together in a Sheriff’s vehicle. There is no airport in Salem, and driving will be less expensive.

Mark Russell brought back the plat for Northern Lights Subdivision and stated he had reviewed the letter of credit and noticed the letter states the road will be completed on or before December 22, 2004. Motion by Rose, second by Ireland, to approve the plat for Northern Lights Subdivision and direct the Chair to sign with the stipulation that the road be completed by December 1, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


Jo Gridley, Chief Deputy for the Assessor’s office appeared to discuss the removal of Moe Inama’s Homeowner’s Exemption from Atlanta, Idaho. The Board reviewed Mr. Inama’s letter. Ms. Gridley explained that the exemption was removed because Mr. Inama had asked for a change of address to Garden Valley, Idaho. The Board discussed the matter. Motion by Ireland, second by Rose, to uphold the Assessor’s decision to remove the homeowner’s exemption for Mr. Inama.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, to approve the payroll for January in the amount of $286,819.37.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

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

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

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

The following decisions were made:

K-12-03-07 Motion by Ireland, second by Egusquiza-Stanek, to deny as not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-02 Motion by Egusquiza-Stanek, second by Ireland, to approve with a promissory note for repayment in the amount of $75.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-12-03-08 Motion by Ireland, second by Egusquiza-Stanek, to approve with a promissory note for repayment.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed.

Mir Seyebagheri, Extension Office Agent, appeared before the Board and presented the Commissioners with a bill for membership dues to the Chamber of Commerce. Discussion followed regarding why the County was paying so much for various department representation when one membership should be enough. Mark Russell, Growth and Development Department Head, also was present and explained to the Commissioners the fee included the various departments being listing separately on the Chamber Directory. The Commissioners decided that just Elmore County would be enough representation on the Directory.

Chris Slack, 110 Dewey Street, Mountain Home, Idaho, appeared before the board with a lot split dilemma. Mr. Slack had a five acre parcel which he split into two parcels. He built a house on one of the parcels and sold it. He had a survey done on the property and was told by a realtor that he could do this. Mr. Slack is now planning on building a house on the remaining lot and has been informed by the Growth and Development Department that the lot split was illegal. Mr. Slack appeared before the Planning and Zoning Commission on the issue and was told to see the County Commissioners to get the problem resolved. Commissioner Ireland stated it was a Planning and Zoning issue and should be taken back to that Board for them to resolve it. The Commissioners are a link in Mr. Slack’s appeal process depending on the outcome of a decision of the Planning and Zoning Commission. If the Commissioners made a decision on the issue, the only appeal would be to District Court. Mark Russell, Growth and Development Department Head, was also present, and told the Commissioners the issue would go before the Planning and Zoning Board again for resolution. Re-platting of the subdivision and the cost was discussed as a solution to the problem.

A catering permit submitted by Dale Klitz, First Class Inc. was discussed. The permit would be used at 340 North 2nd East, catering for Chef Ron’s. The permit is for February the 14th. Motion by Ireland, second by Egusquiza-Stanek to approve the catering permit as submitted.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Commissioner Ireland instructed Deputy Clerk Steele to advertise the Title III money for repeaters on Grape and Iron Mountains, and for Extrication and Search and Rescue. Discussion followed and the item will be re-addressed at the next meeting. The Deputy Clerk was advised not to advertise yet.

Correspondence was reviewed by the Board.

Commissioner Ireland stated that the City would like the County to donate a used ambulance to them. This issue will be discussed later in the day.

Motion by Egusquiza-Stanek, second by Ireland, to go into Executive Session pursuant to I.C. 67-2345(d) to conduct a hearing on K-11-03-02.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


Present were the three Commissioners, Deputy Prosecuting Attorney Teri Kaptein, Indigent Director Marianne Bate, Bonnie Miller from Elmore Medical Center, the Applicant and his Mother, and Deputy Clerk Steele. The hearing was called to order and Ms. Kaptein asked the applicant questions on this case. Discussion followed and a decision will be made later in the day. The Hearing was adjourned.

Carleen Lord and Kayla Parsons appeared before the Board to discuss revisions to Resolution 319-03 - E911 Board. The Board reviewed the resolution with Carleen and Kayla provision by provision, making suggestions for changes to the document. The changes will be submitted to the Prosecuting Attorney.

Motion by Egusquiza-Stanek, second by Ireland, to appoint Mr. Johnny A. Willis, 390 East 4th North, Mountain Home, Idaho, to the Street Naming Committee as recommended by the Elmore County Emergency Communications Board.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Christy Saylor, 9788 Highway 78, Hammett, Idaho, appeared before the Board to discuss a denial of an agricultural exemption by the Growth and Development Department. Ms. Saylor stated that in July 2003 she had purchased a triple wide manufactured home for her property in Hammett and had constructed a garage. Ms. Saylor stated that the building permit for that was $278.00. Ms. Saylor stated then she had constructed a hay storage building and that building should have been classed as an agricultural building, but Mark Russell had disagreed and assessed her more for the hay storage then her original building permit cost.

Mark Russell stated that according to Ordinance 99-4, Ms. Saylor should have filed notice of an agricultural building to be constructed prior to the actual construction occurring. The question now is should she be entitled to an agricultural exemption or not. Mr. Russell will check on the billing fees.

Motion by Egusquiza-Stanek, second by Ireland, to pay the expenses except for those held for further discussion and placed in the red-dotted folder.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Cathy Wyllie-Hill appeared before the Board during the public portion of the meeting. The Chamber of Commerce memberships for the Fair and the Extension Office were discussed. Chairperson Egusquiza-Stanek stated that Elmore County would prefer to have one blanket membership that would cover everyone attending Chamber meetings and functions rather than paying for individual memberships. Ms. Wyllie-Hill agreed that one membership would be fine, but did ask how meeting notices and Chamber function invitations would be handled. It was agreed that the County would ask the Chamber to send several separate invitations and newsletters to participating individuals. A bill to Walmart for supplies for the fair was discussed. Sales tax had been added to the bill in question, which is a reimbursement to Ms. Wyllie-Hill for supplies. It was decided that the Fair should get an account with Walmart and bring in the sales tax exempt statement so that sales tax would not be charged.


Hal Franck of the Silver Sage Homeowner’s Association appeared before the Board as part of the public portion of the meeting. Mr. Franck stated there is terrorism in the County. When asked by the Board what he meant, Mr. Franck stated that people are afraid to go out and vote in the Silver Sage Homeowner’s election because Mr. Farley, the Chairman, has a dictatorship and his wife is a terrorist. Mr. Franck stated Mr. and Mrs. Farley are terrorizing the neighborhood and causing a problem. The Board stated the matter was a civil matter and not something the Board could help Mr. Franck with. Mr. Franck stated he would seek some satisfaction elsewhere.

Nick Nettleton, Chairman of the Planning and Zoning Commission also appeared before the Board during the public portion of the meeting. Mr. Nettleton gave his address as 18484 Ryegrass Road, Glenns Ferry, Idaho. Motion by Egusquiza-Stanek, second by Rose, to go into Executive Session pursuant to I.C. 67-2345(b).
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session was resumed. There was no action as result of the Executive Session.

A contract for building official services between the City of Mountain Home and the County was discussed. Motion by Ireland, second by Rose, to approve the contract for temporary services by the County for building inspector/building official while the City is without a building inspector. The approval is subject to the Prosecutor approving the contract language.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The annual contract between Elmore County and Geographic Mapping Consultants, Inc. was discussed. Motion by Ireland, second by Egusquiza-Stanek to approve the contract.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The request for Funds #2 from Sage Resources, Inc., for the Elmore Nursing Grant was reviewed by the Board. Motion by Rose, second by Egusquiza-Stanek to approve the request.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


Motion by Ireland, second by Rose, to authorize Karen Martin to work on a grant.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The reconsideration hearing held earlier in the day on K-011-03-02 was discussed. Motion by Rose, second by Egusquiza-Stanek, to approve payment with the condition that a payment agreement be signed and that the applicant continue to pursue other resources.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


A request to authorize bereavement leave for Mark Russell was considered by the Board. The Board felt that Mr. Russell must use sick leave since the circumstances are not in line with the provisions for bereavement leave outlined in the Elmore County Personnel Policy.

There was discussion on why there was no summary briefing prepared for the Reconsideration Hearing on K-11-03-02. Clerk Best said she would look into the matter.

Motion by Ireland, second by Egusquiza-Stanek 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