COMMISSIONERS MINUTES                                                          APRIL 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 and Commissioners Larry Rose and Calvin Ireland. Also present at the meeting were Clerk Gail Best and Prosecutor Aaron Bazzoli.

Motion by Egusquiza-Stanek, second by Ireland, to approve the expenses as submitted in the amount of $169,046.43.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Ireland, to approve the minutes of March 30, 2004, April 9, 2004, and April 12, 2004. There was discussion. There were some minor changes to the minutes of April 12, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Egusquiza-Stanek, to approve the designation of polling places as submitted by the Clerk’s office.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

POLLING PLACES

MOUNTAIN HOME #1 NATIONAL DEFENSE VETERAN’S FUND BINGO HALL
3265 Airbase Road
Left Side of Airbase Road going to the Airbase

MOUNTAIN HOME #2 SENIOR CITIZEN’S CENTER
1000 North 3rd East
Corner of 3rd East and 10th North

MOUNTAIN HOME #3 SENIOR CITIZEN’S CENTER
1000 North 3rd East
Corner of 3rd East and 10th North

MOUNTAIN HOME #4 CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
1150 North 8th East, in gymnasium
Corner of 7th East and 12th North

MOUNTAIN HOME #5 FIRST SOUTHERN BAPTIST CHURCH

1400 North 3rd East
Corner of 3rd East and 14th North

MOUNTAIN HOME #6 FIRST CONGREGATIONAL CHURCH
515 East 15th North
Between 3rd East and 6th East on 15th North

MOUNTAIN HOME #7 CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
1150 North 8th East, in gymnasium
Corner of 7th East and 12th North

MOUNTAIN HOME #8 NAZARENE CHURCH
950 North 7th East
North on 6th East, Right on Market - 1 block

MOUNTAIN HOME #9 FIRST CONGREGATIONAL CHURCH
515 East 15th North
Between 3rd East and 6th East on 15th North

ATLANTA ATLANTA SCHOOL
54 East Main Street, Atlanta, Idaho 83601

CHATTIN FLATS GEORGE BENNETT RESIDENCE
Highway Past Simplot Feed Lot
Turn on 1st Gravel Road to Right/2nd House

GLENNS FERRY GLENNS FERRY CITY HALL
204 East 2nd Avenue
Turn Left from 1st Avenue on Lincoln Street and go North 2 blocks

HAMMETT HAMMETT COMMUNITY CHURCH
9223 W. Church Street
Go through Hammett on Hammett Road, Turn Left, One Block

KING HILL KING HILL PRESBYTERIAN CHURCH
5391 East Main (near the Post Office)

MAYFIELD ERIN LORD RESIDENCE
Mayfield Exit #71 on I-84 near Boise Stage Stop, go 5 miles, staying left at all intersections, green and white house on left

PINE SOUTH FORK BOISE RIVER SENIOR CENTER
390 N. Pine-Featherville Road, Pine, Idaho 83647

PRAIRIE COMMUNITY HALL
On Prairie Road

Rose Plympton, appeared before the Board to discuss Goodman Oil. The Board took under consideration a letter from Naylor, Hales & McCreedy who are representing Goodman Oil Company. The letter requested the tax deed proceedings be delayed until after May 31, 2004 to give Goodman Oil additional time to pay the real property taxes due. Goodman Oil has requested Latah and Nez Perce counties to delay their actions as well, and both have agreed. Motion by Ireland, second by Egusquiza-Stanek to postpone any action on taking tax deed until the June 14th meeting.

EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Problems that can arise with tax deed properties that are contaminated were discussed. Chairperson Egusquiza-Stanek and Treasurer Plympton shared some information they had learned at the last district meeting with the Board. Motion by Ireland, second by Egusquiza-Stanek to proceed with tax deed process on Idaho Circuit Technology.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Department Heads and Elected Officials met with the Board for their regular monthly meeting. Chairperson Egusquiza-Stanek told the group that one item up for discussion was whether or not to do employee evaluations. The employee committee had presented a form to the Board at their last meeting to see if evaluations were something the County wanted to start. There was lengthy discussion regarding the pros and cons of evaluations. Each elected official and department head had the opportunity to voice their opinion. No decision was made by the Board regarding the evaluations. Clerk Best told the elected officials and department heads that BDPA would be appearing before the Board May 24th at 2:30 p.m. to discuss compensation issues and encouraged the group to attend that session so they would be able to ask any questions they have and more fully understand the salary system.

Ted Knudson, Juvenile Probation Administrator discussed pending grants with the Board. Ted also gave the Board monthly reports for the months of February and March. Ted also reported that a community service worker jumped off a mound at IWS and caused an injury. The youth is 13-14 years old and he had jumped 35 feet. This is a workmen’s compensation issue. The people on community service are required to be covered under workmen’s comp.

Dan Collins, Plant Facility Manager, reported that lawn season has arrived and his department has been fertilizing, weeding, mowing, etc. Dan stated he will be renting a lift to do trees, windows, and some mortar replacement on the building. Computers were discussed in general, as well as networking. Dan stated that he has been looking into getting the microfiche in the Recorder’s office scanned onto discs. Security badges for people who need access to the building after 6:00 p.m. was discussed. Nick Schilz and Aaron Bazzoli will be issued new badges immediately.

Mark Russell, Growth and Development Administrator, presented his monthly report for the period October - March. Mark also reported that he would like to have a summer overhire to help organize things in the office, particularly all the plans and maps they have. Mark also reported that the third page of his report dealt with the Regional Transportation Council that will be organized. Motion by Ireland, second by Rose, to authorize Mark to spearhead formation of a Regional Transportation Board and direct him to send letters to the entities involved.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Mir Seyedbagheri, County Agent, presented the Board with a summary report of his activities. Mir also stated the Department of Energy would like them to map the noxious weeds around Anderson Dam to identify them and subsequently eradicate them. The Board stated they approved of Mir doing that project. Mormon crickets were discussed.

Tom Gibbon, Chief of Security, stated that the turnstile that had been ordered for the front entrance should arrive this week.

Jim Haydon, Assessor, stated that layered mapping is becoming more popular just as he expected. The Assessor’s office has had their first request for one. What to charge for the maps was discussed. Mr. Haydon thought the going rate was approximately $200.00. Prosecutor Bazzoli stated he felt a resolution has been done, setting the rates for public information requests. Clerk Best stated she felt these requests were in a totally separate class because of the technical nature of the product. Jim Haydon stated the County has invested many thousands of dollars over the course of many years to do the layered mapping. Jim will check with the Assessors across the State to see what they are charging.

Rose Plympton, Treasurer, stated her office is just finishing up on Personal Property accounts for the year, and the second half of the taxes will be due in June, so her office will be working on the June tax notices.

Gail Best, Clerk, stated the focus in her office is turning to budgets and also the election. Gail stated that absentee voting is already occurring in the Courthouse and by mail. Gail also stated that proposed salaries have been entered from the step and grade charts provided by BDPA and the departments will be receiving their budget work papers very soon. Gail stated she also would like to hire a summer overhire, in District Court. The summer hire position would enter citations into the computer, but thus far she has not been able to work out where there would be a seat available for another person in the Court.

Rick Layher, Sheriff, stated he had talked to the architects and all the questionable items had been included in the jail plan except a shed to hold maintenance equipment. Sheriff Layher also stated he had asked the architect how much the County would save if we reduced the size by twenty beds, and was told the County could save about $200,000 to $250,000. Sheriff Layher stated the architect had agreed that the amount was probably not substantial if you considered at what point the size of the jail might become inadequate for Elmore County.

Maggie Mahoney, Policy Analyst for the Idaho Association of Counties (IAC) and Andy Brunelle of the United States Forest Service appeared before the Board, at Chairperson Egusquiza-Stanek’s request to discuss use of the Title III funds. Maggie gave the Board a handout listing the requirements under the law on how Title III monies can be spent. Maggie read the allowable areas into the record:


The specificity of Title III projects must be considered. The requirements under the law on how Title III monies can be spent are purposefully narrow and restrictive. The allowable areas are as follows:


1) An eligible county...may use these funds as reimbursement for search and rescue and other emergency services, performed on Federal lands and paid for by the county.”

2) “An eligible county may use these funds as reimbursement for all or part of the costs incurred by the county to pay salaries and benefits of county employees who supervise adults or juveniles performing mandatory community service on Federal Lands.”

3) “An eligible county may use these funds to acquire
- easements, on a willing seller basis, to provide for nonmotorized access to public lands for hunting, fishing and other recreational purposes;
- conservation easements; or
- both.”

4) “A county may use these funds to establish and conduct forest- related after school programs.”

5) “A county may use these funds for:
(A) efforts to educate homeowners in fire-sensitive ecosystems about the consequences of wildfires and techniques in home sitting, home construction and home landscaping that can increase the protection of people and property from wildfires; and
(B) planning efforts to reduce or mitigate the impact of development on adjacent Federal lands and to increase the protection of people and property from wildfires.”

6) “A county may use these funds towards non-Federal cost-share requirements of section 9 of the Cooperative Forestry Assistance Act of 1978.”

When a county is considering a Title III project, a brief description of such project must be published for a 45-day public comment period prior to a decision being made by the Board of County Commissioners. When the BOCC decides to fund a project, a description of that project and the proposed expenditure must be forwarded to the appropriate Resource Advisory Committee (RAC) for notification purposes only.


IAC suggests that all spending of Title III funds should be run through the Prosecutor to be sure they meet the language in the criteria for allowable projects. Ms. Mahoney also stated the RAC should be notified of how the Title III monies are being used, so that there would not be any duplication of projects. Maggie suggested that when the County does their publication on how the funds are going to be spent, a copy be sent to Randy Swick, Payette National Forest.

Maggie Mahoney strongly suggested that the County initiate a special fund account titled Search & Rescue and Other Emergency Services Reimbursement Account. This account could then be used to reimburse emergency services for services on federal land or purchases for equipment used on federal land. When the publication is done for how funds are going to be spent, the County could then advertise an amount to be deposited into the fund.

The Board then asked Alan Roberts and Donnie LaBelle if they had questions for Ms. Mahoney and some general questions were asked and were answered.

Motion by Ireland, second by Egusquiza-Stanek, to adjourn for lunch.
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) on a motion by Egusquiza-Stanek, second by Ireland, with Indigent Director Marianne Bate.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The following decisions were made:

K-03-04-08 Motion to deny for all reasons by Rose, second by Ireland.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-09 Motion to approve with reimbursement order of $75.00 per month by Ireland, second by Egusquiza-Stanek.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-11 Motion to deny as incomplete by Ireland, second by Rose.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-12 Motion to deny for reasons stated by Rose, second by Ireland.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-13 Motion to deny for all reasons by Rose, second by Ireland.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-14 Motion by Ireland, second by Rose, to deny as not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-01-04-06 and K-01-04-10 Motion to deny as not last resource by Ireland, second by Rose.

EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-02 Motion by Ireland, second by Rose, to approve the neurological consult only.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed and K-01-04-14 was discussed. Motion by Ireland, second by Egusquiza-Stanek, to approve. Motion and second were amended to include a reimbursement of $50.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

On Case K-03-03-08 another hearing was set for May 24, 2004 at 1:30 p.m.

Motion by Egusquiza-Stanek, second by Rose, to approve a tax cancellation in the amount of $1,324.12 for DVI Strategic Partner Group due to bankruptcy.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Hal Franck appeared before the Board regarding the Conditional Use Permit for the National Defense Veterans Foundation (NDVF) property. The last time this issue was taken up before the Board a extension of one year was given on the Conditional Use Permit to May 14, 2004. Mark Russell was also present and informed the Board that work had been done on the property and considerable expense has been spent on the road, etc. The Commissioners, Mr. Franck and Mr. Russell discussed several items and it was decided that the project had commenced in the time frame that was given and there was no need for another extension on the Conditional Use Permit as the conditions have been followed. Mr. Russell will make a memo for the record that everything is O.K.


Title III monies were discussed again. Publishing the intent of the spending of the funds was also discussed. Chairperson Egusquiza-Stanek stated that bills are already coming in. She wants to know what the process is going to be on disbursing the funds. Commissioner Rose stated the departments involved should submit their proposals to the Commissioners for review and the Commissioners will decide who gets the funds. Chairperson Egusquiza-Stanek stated we have already started the reimbursement process. Commissioner Ireland stated he thought that was the carry over money from 2003. The next step is to decide what the funds would be used for and advertise it. Chairperson Egusquiza-Stanek asked how do we start expending something we haven’t advertised for. Once we publish the intent on spending, there is a 45 day waiting period for public input. Commissioner Rose stated we cannot expend the funds until we advertise and wait for 45 days. Chairperson Egusquiza-Stanek asked how the approval of the bills will be done after the funds can be expended. Commissioner Rose stated the process would be just like a budget process, the Commissioners would review the whole project, the Departments would bring in the proposals for the projects, Andy Brunelle would be contacted for his opinion, and the bills would be paid. Commissioner Ireland stated the earlier we advertise in the year the better. Chairperson Egusquiza-Stanek stated they didn’t know about the one line item and it was a good thing we waited to advertise. The question came up about the carryover from last year and Merrilee Hiler will be asked to come down to the meeting later to give the Commissioners figures.

Donnie Labelle appeared before the Commissioners. Larry Tripp did not show. The issue was regarding the docks and the special session held the previous Friday to go to Anderson Reservoir to inspect the docks. Donnie stated if the Forest Service wants the County’s help and some of the Vessel Fund money, they need to allow the boats to tie up at the docks. The Commissioners made it clear that the County would help if the budget allows. The wording in the Memorandum of Understanding would be reviewed by Donnie when it is ready. Donnie reinforced his feelings about the public being allowed to moor their vessels at the dock. Donnie said the Forest Service would take ownership of the docks with the County helping maintain the docks with no liability to the County.

The Commissioners instructed Deputy Clerk Steele to notice up a special session for April 27 at 1:00 p.m. at the City Hall for a Magic Valley water issue.

Correspondence was reviewed.

Motion by Ireland, second by Rose, to appoint Tom Berry, representing the City of Mountain Home Police, and Leanna Taylor, representing the Citizens of Mountain Home, to the Elmore County Emergency Communications Board (ECPSCB).
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Mark Russell appeared before the Board for the Letter of Information (LOI) for Hiveley and Hines. Mark stated he felt that one of the conditions should be that part of the property be deeded to the City of Mountain Home for a bike path. Motion by Ireland, second by Rose, to instruct the Chairperson to sign the Letter of Information with the conditions that the Irrigation District be consulted on any canal crossings and that three acres be deeded to the City of Mountain Home for a bike path.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Egusquiza-Stanek to refund the money for a Conditional Use Permit for the above Letter of Information.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Craig-Wyden funds were discussed in general.

Shawn Charters, Planning Director for Sage Community Resources, appeared before the Board for a public hearing on the status of funded activities for the Idaho Community Development Block Grant to renovate the Elmore Medical Center Nursing Home Facility.

The hearing included a review of the project activities and accomplishments to date, a summary of all expenditures to date, and a general description of remaining work and balance of funds. Ms. Charters gave the Board a balance sheet which was read into the record by Chairperson Egusquiza-Stanek:

ELMORE COUNTY ON BEHALF OF ELMORE MEDICAL CENTER
NURSING HOME RENOVATION PROJECT
PUBLIC HEARING
April 26
3:00 p.m.
Elmore County Courthouse

Elmore County has applied for and received an Idaho Community Development Block Grant in the amount of $244,150. These funds are being utilized to help construct improvements to the Elmore Medical Center Nursing Home Facility.

Project Activities to Date:

Total Project Cost: $442,620
ICDBG= $244,150
Match= $198,470

Total Funds Spent to Date: $351,205
ICDBG= $217,736
Match= $133,469

Balance of ICDBG Funds Available= $26,414

Percentage of Construction Completed= 79%

Activities Completed to Date:
* Installation of new roof
* Installation of new patio door
* Installation of new nurse call system
* Installation of new flooring in resident rooms
* Removal of Dayroom wall
* Exit Lighting
* Showers Complete
* Countertops
* Wood and Hollow Core Doors
* Drywall
* Painting
* Plumbing
* Electrical
* Fire Alarm

Activities to be completed:

* Windows

* Flooring at nurses station, and hallways

Projected Date of Substantial Completion: May 28, 2004

Written and verbal comments will be accepted for five (5) days after this public hearing.

Any Questions?

The Chair asked if there were any comments from the floor and Greg Maurer, Administrator of the Elmore Medical Hospital District stated that the project was coming along nicely and thanked the Board for sponsoring the project. There being no further comment, the hearing was closed.

Motion by Ireland, second by Rose, to establish a Search and Rescue and Other Emergency Services account and to spend $47,818.00 for repeaters for Grape Mountain and Iron Mountain.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose to advertise that the Board will spend $47,818.00 for the repeaters with the rest of the Title III funds going into the Search and Rescue and Other Emergency Services account, with a forty-five day comment period.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Rich Cornell and Gary Looney appeared before the Board to discuss animal damage control issues. Rich Cornell gave the Board copies of the balance sheet for revenues and expenditures of the Animal Control District. Mr.Looney stated that they now have two planes, one at Gooding and one at Caldwell, and that is has been very helpful to have two because sometimes Gooding has low visibility. Mr. Cornell stated he would like Elmore County to contribute $3,500 for fiscal year 2005 is they could see their way clear. Wolves were discussed in general, several have caused problems in the County and have had to be destroyed.

Kathy Holley, Director of Central District Health, Marty Jones, Environmentalist for Elmore County and Tom Turco, Environmental Director for Central District Health appeared before the Board to present their annual budget request for 2005. The Board reviewed the report carefully with the group from Central District Health.

Jay Clark, P.O. Box 1202, Mountain Home, appeared before the Board during the public portion of the meeting to invite the Republican officials to a picnic on May 22nd to he held at Carleen Lord’s home. Mr. Clark also informed the Board that a court hearing will be held on Friday, April 30th at 1:00 p.m. on the Severson case that they may want to attend because a Motion to Dismiss will be heard.

Correspondence received by mail was reviewed.

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