COMMISSIONERS MINUTES
MARCH 22, 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 and Commissioners
Larry Rose and Calvin Ireland. Also present at the meeting were Prosecutor Aaron
Bazzoli and Clerk Gail Best.
Expenses were reviewed by the Board. Several questionable submissions were
discussed and were resolved. Motion by Rose to pay the expenses as submitted in
the amount of $108,509.76, second by Ireland.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Rose to reappoint Joe Twitchell to the
Southwest Idaho Resource Conservation and Development Council, Inc.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, to adopt Resolution No. 329-04, Fair Housing
and Resolution No. 330-04, Policy Regarding Non-Discrimination on the Basis of
Disability.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
FAIR HOUSING RESOLUTION NO. 329-04
FOR ELMORE COUNTY
LET IT BE KNOWN TO ALL PERSONS of Elmore County that discrimination in the sale,
rental, leasing, financing of housing or land to be used for construction of
housing, or in the provisions of brokerage services because of race, color,
religion, sex or national origin is prohibited by Title VIII of the 1968 Civil
Rights Act (Federal Fair Housing Law).
It is the policy of Elmore County to implement programs to ensure equal
opportunity in housing for all persons regardless of race, color, religion, sex,
or national origin. The Fair Housing Amendments Act of 1988 expands coverage to
include handicapped persons and families with children. Therefore, Elmore County
does hereby pass the following Resolution.
BE IT RESOLVED that within resources, Elmore County will assist all persons who
feel they have been discriminated against because of race, color, religion, sex,
national origin, handicap, or familial status to seek equity under federal and
state laws by filing a complaint with the U.S. Department of Housing and Urban
Development, Office of Fair Housing and Equal Opportunity, Compliance Division.
BE IT FURTHER RESOLVED that Elmore County shall publicize this Resolution and
through this publicity shall cause owners of real estate, developers and
builders to become aware of their respective responsibilities and rights under
the Federal Fair Housing Law and amendments and any applicable states or local
laws or ordinances.
SAID PROGRAM will at a minimum include, but not be limited to: (1) the printing
and publicizing of this policy and other applicable fair housing information
through local media and community contacts; (2) distribution of posters, flyers
and any other means which will bring attention of those affected, the knowledge
of their respective responsibilities and rights concerning equal opportunity in
housing.
This resolution was adopted on July 13, 1987, reaffirmed on February 14, 1990,
September 28, 1998, February 10, 2003 and March 22, 2004.
/S/ Mary Egusquiza-Stanek, Chairperson
/S/ Larry E. Rose, Commissioner
/S/ Calvin Ireland, Commissioner
ATTEST: /S/ Gail L. Best, Clerk
RESOLUTION NO. 330-04
POLICY REGARDING NON-DISCRIMINATION
ON THE BASIS OF DISABILITY
A resolution of the County of Elmore, Idaho, adopting a policy of
non-discrimination on the basis of disability.
WHEREAS, the Congress of the United States has passed Section 504 of the
Rehabilitation Act of 1973 which requires that “No otherwise qualified
individual with handicaps in the United States shall, solely on the basis of his
or her handicap, be excluded from participation in, be denied the benefits of,
or be subject to discrimination under any program or activity receiving federal
financial assistance; and
WHEREAS, the County of Elmore has received an Idaho Community Development Block
Grant and is required to comply with Section 504 of the Rehabilitation Act of
1973; and
WHEREAS, the failure to comply with the terms and conditions of Section 504 of
the Rehabilitation Act may cause the County to lose its grant or eligibility for
future grants;
NOW, THEREFORE, BE IS RESOLVED by the Board of Elmore County Commissioners the
following:
Section I. It is the policy of the County that all programs and activities shall
be accessible to, and usable by qualified persons with disabilities.
Section II. That the County shall undertake an evaluation conducted in
consultation with citizens groups involving persons with disabilities, of its
programs, policies, procedures and facilities in order to determine those areas
where discrimination may occur.
Section III. The County shall, upon completion of said evaluation, make such
revisions, modifications, or other changes so as to fully comply with the letter
and intent of Section 504.
Section IV. Further the County shall, where building modifications are required,
develop and implement a transition plan for the timely elimination of structural
barriers to citizens with disabilities.
Citizens may contact the Clerk’s Office at (208) 587-2130, 150 South 4th East,
Suite #3, Mountain Home, Idaho 83647, for assistance to answer questions
regarding this policy.
Passed by the Board of Elmore County Commissioners on the 22nd day of March,
2004.
/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk
Motion by Ireland, second by Rose, to adopt Resolution No. 328-04 to transfer
$500,000.00 from Pilt to the Justice Center.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
RESOLUTION NO. 328-04
WHEREAS, The County of Elmore, acting through its Board of County Commissioners,
has the authority to transfer funds in compliance with Idaho Code 63-914; and
WHEREAS, The Board approved the final 2004 budget for Elmore County at the
September 2, 2003 public hearing (31-1604).
IT IS HEREBY RESOLVED:
1. That $500,000.00 (Five hundred thousand dollars) be transferred from PILT
line 138-438-02-099.00 transfer out expense, to the budget of the September 2,
2003 established Justice Center transfer line 650.850.00.001.61.
2. That this Resolution shall have effect immediately upon its passage.
PASSED, at a regular meeting of the Elmore County Board of County Commissioners,
County of Elmore, State of Idaho, held on the 22nd day of March 2004, upon which
roll call was duly taken and said Resolution duly passed by a unanimous vote.
/S/ MARY EGUSQUIZA-STANEK
/S/ LARRY ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk
Mark Russell appeared before the Board to discuss a Letter of Information for
John T. Davis described as Lots 1 & 2, North of Railroad Section 31, Township 5
South, Range 9 East, Boise, Meridian, plus Tax 5, Section 31, T5S, R9E. Motion
by Ireland, second by Rose, to direct the Chair to sign the Letter of
Information.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, to approve the minutes of March 8, 2004 as
submitted.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Ireland, to establish the Atlanta precinct
as a mail-in ballot precinct contingent upon House Bill 580 being signed into
law by April 1, 2004. EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek, to send the Elmore County
Historical Foundation $3,000.00 as authorized in the fiscal year 2004 budget.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A public hearing that was held on March 8, 2004 to take testimony on an appeal
of a Planning and Zoning Commission decision on an application from Weitz and
Company for a Zoning change application in a Light Industrial Zone to a
residential /Mixed was discussed. Chairperson Egusquiza-Stanek asked the Clerk
if any written testimony had been received by the closing date of March 18th at
5:00 p.m. Clerk Best stated there was no written testimony received. Growth and
Development Administrator Mark Russell stated he had received written testimony
and he would go to his office to get it. Mr. Russell brought written testimony
from Landmark Engineering and Planning Inc. Clerk Best noted the correspondence
was dated March 16th but that there was no received stamp on it. Mr. Russell
stated the correspondence was received prior to the closing date and time. There
was discussion on the issue. Motion by Ireland to declare part of the property
to be re-zoned as far as the North boundary of Van Berham’s hayfield. The motion
was withdrawn on the advise of the Prosecutor.
There was further discussion. Motion by Rose, second by Ireland, to uphold the
Planning and Zoning Commission’s decision to deny the zoning change.
EGUSQUIZA-STANEK - NAY
ROSE - AYE
IRELAND - NAY Motion failed.
There was further discussion. Commissioner Rose excused himself to leave for a
training session in Oregon.
Mark Russell presented the final plat for Ashwood Subdivision. There was
discussion. Motion by Egusquiza-Stanek, second by Ireland, to approve the final
plat for Ashwood Subdivision and allow the developer to only build fifty feet of
road during this first phase of the project.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
The purchase of a vehicle for Growth and Development was tabled until the April
12th meeting.
Motion by Egusquiza-Stanek, second by Ireland, to take a brief recess.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
The session resumed. The ambulance request for proposals, second draft, was
discussed. A change was made to paragraph 8 on page 14. The Prosecutor will make
that change.
The Clerk’s office requested guidance from the Board on where and how often to
advertise the Idaho Waste Systems grants for Environmental Purposes and
Community Service. Motion by Ireland, second by Egusquiza-Stanek to advertise
the grants in the Mountain Home News for three consecutive weeks in the legal
section.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek, to direct the Chair to sign
Request #3 for the Nursing Home Project.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Ed Frachiseur, Terry Ratliff, Christine Starr, John Brody, and Tina Welch
appeared before the Board. Motion by Egusquiza-Stanek, second by Ireland to go
into executive session pursuant to I.C. 67-2345(f).
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Regular session resumed. Motion by Egusquiza-Stanek, second by Ireland, to
adjourn for lunch.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Regular session resumed after lunch.
Chairperson Egusquiza-Stanek read the tax cancellations into the record: No. 696
Dudley Alvin/Oakwood Homes/Minor Matt $21.45, No. 697 Karl M. Francisco $657.44,
No. 698 PC Hut Enterprises $320.46, No. 703 Gwendolyn Boothe $70.98, No. 704
Doc’s Appliance Repair $35.06 for a total of $1,105.39. Motion by Ireland,
second by Egusquiza-Stanek to approve the tax cancellations as read.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Correspondence was reviewed.
At 2:00 p.m. the Commissioners met with Larry Tripp, Forest Service, Jeff Day,
Fish and Game Officer, and Donnie Labelle, Waterways Deputy. The purpose of the
meeting was to discuss the docks at Anderson Ranch Reservoir. Liability issues
were discussed. Donnie Labelle stated now that the Forest Service was going to
charge a user fee for the boat ramps, the liability according to Idaho Code
changes. Moving the docks, or chasing the water, was discussed. It was agreed
that moving the docks according to water levels is a daily job. If the docks
aren’t moved when needed, it becomes more of a chore. Maintenance was also
discussed. Mr. Tripp stated they could possibly have someone do the maintenance
on the docks but not move them. It was decided that the group would get together
on April 23, 2004 and go look at the docks. Then at the April 26, 2004
Commissioners meeting the subject would be discussed again.
Joe McNeal, Mayor of the City of Mountain Home and his Clerk, Nina Patterson,
joined the meeting. They stopped by to say hello and invited the Commissioners
to the City Hall Meeting being held that night.
Correspondence was reviewed.
A short recess was called.
John Kieffer, 40 West 12th South, and John Barruitia, 489 N.W. Beaman Street,
representing the Elmore County Soil Conservation District appeared before the
Board to discuss their budget. Mr. Keiffer asked for the fiscal year 2005 if
Elmore County might see clear to pay $5,500.00 rather than the $5,000.00 the
County has funded them for several years? The Board stated they would certainly
consider the request in the new budget workshops but could not promise they
could do that at this time.
Motion by Ireland, second by Egusquiza-Stanek to direct the Chair to sign the
letter of intent for fiscal 2005 for the Soil Conservation District.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Mark Russell, Administrator for Growth & Development appeared before the Board
to discuss a fireworks warehouse and retail outlet with the Board. The business
will be located in Township 1 South, Range 4 East, Section 15, which is zoned a
Light Industrial Area. Mr. Russell stated he mainly wanted the Board to be aware
of the planned operation because they will probably receive some public comment
regarding it.
Motion by Egusquiza-Stanek, second by Ireland, to go into Executive Session
pursuant to I.C. 67-2345(d) with Indigent Director Marianne Bate to consider
Indigent applications.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
The following decisions were made:
K-12-03-02 Motion by Ireland, second by Egusquiza-Stanek, to deny, applicant not
indigent, and not a final resource.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
K-02-04-01 Motion by Ireland, second by Egusquiza-Stanek to deny, lack of
information.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
K-02-04-02 Motion by Egusquiza-Stanek, second by Ireland, to deny for all
reasons.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
K-02-04-03 Motion by Ireland, second by Egusquiza-Stanek to deny for all
reasons.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
K-02-04-04 Motion by Ireland, second by Egusquiza-Stanek to deny for all
reasons.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Correspondence received by mail was reviewed by the Board.
No members of the public appeared during the public portion of the meeting. The
5:30 p.m. appointment with the Board cancelled.
Motion by Ireland, second by Egusquiza-Stanek to adjourn.
EGUSQUIZA-STANEK - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
