COMMISSIONERS MINUTES
MAY 10, 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 Commissioner
Larry Rose. Also present at the meeting was Clerk Gail Best. Commissioner Calvin
Ireland was absent due to being on jury duty.
Motion by Egusquiza-Stanek, second by Rose, to approve the minutes for April 22,
2004 and April 26, 2004. There was discussion. Amended motion by Egusquiza-Stanek,
amended second by Rose to approve the minutes of April 22, 2004 as submitted and
the minutes of April 26, 2004 with three minor changes.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Rose, to approve for the record only, the
Recorder’s Office Report, Clerk’s Bail Bond Report, and Treasurer’s Office
Report for April 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Motion by Rose, second by Egusquiza-Stanek, to approve the payroll for April
2004 in the amount of $286,299.68.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Rose, to approve the expenses. There was
discussion. An expense voucher for Chairperson Egusquiza-Stanek’s District III
registration was withdrawn because it had been previously paid. Total expenses
$264,634.21.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
The contract with University of Idaho for the Extension Educator was discussed.
It was decided that the Board would consult with the Prosecutor prior to signing
the contract so the contract was not signed until the Prosecutor was available.
Motion by Rose, second by Egusquiza-Stanek to sign the letter for the Mountain
Home Highway District regarding dust control.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Rose, to recess as a Board of
Commissioners and convene as a Board of Equalization.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Circuit Breaker applications were reviewed as presented by the Assessor’s
Office. Motion by Rose, second by Egusquiza-Stanek to certify the approval of
all the applications as of May 10, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Motion by Rose, second by Egusquiza-Stanek to recess as a Board of Equalization
and to resume the meeting of the Board of Commissioners.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - ABSENT Motion carried and so ordered.
Employee evaluations were discussed. The Board instructed Clerk Best to arrange
for them to attend the next employee committee meeting to get further input from
the larger employee group.
Commissioner Ireland joined the meeting.
Chairperson Egusquiza-Stanek read the Certificates of Residency into the record.
Motion by Ireland, second by Rose, to approve as read: Catherine Helen Cox,
Deanna Cherri Wilson, Jacqueline O.M. Strasser, LaShell Brendene Lasuen, Barbara
Ann Kerbyson, Teri Ann Johnsrud, Kathleen A. Gandara, Brenda Fay Doerr, Maryanne
Booth, Lorraine Michelle Richins, and Sondra Ivie.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Judge Epis appeared before the Board to discuss the jail bond issue. The Judge
was scheduled for Wednesday, May 12th at 10:00 a.m., but since he appeared the
Board asked him to stay. Commissioner Ireland asked if the judges would change
their sentencing procedures if Elmore County had more jail space. Judge Epis
stated perhaps a little, but not significantly. Judge Epis stated they realize
that we have limited jail space in the County, but that other factors also come
into play. Some of these factors are using electronic monitors for people who
have jobs they can’t afford to lose, single parents who cannot spend time
completely away from their children, and people with health problems. The
alternative of the SILD program is often useful for some sentencing situations
where perhaps actual jail time is not the best solution. Commissioner Ireland
stated he had also heard that sometimes when jail time is given, there is a
“take a number and wait your turn” situation and he wondered if that was true?
Judge Epis replied that he also has heard that, but he really does not know.
Commissioner Rose asked if Judge Epis might be willing to consider sitting down
with Lynn McCallum and Sheriff Layher to discuss that matter, and Judge Epis
indicated he would be happy to do so. Commissioner Ireland asked if Judge Epis
had any feelings for how large the facility should be and Judge Epis stated he
did not. The Board invited Judge Epis to come back on Wednesday at 10:00 a.m. to
join the entire committee.
Members of the Travel and Tourism Committee appeared before the Board. Sue Gross
introduced the members in the audience and then stated that several
representatives of the group would speak to the Board. Jo Wright, the
Coordinator at the Visitor’s Center spoke to the Board. Ms. Wright explained to
the Board that the Center has been open for ten years now and has sixty
volunteers. Ms. Wright stated that the volunteers send visitors who stop at the
Center to many attractions - throughout the entire County thus helping the
business economy, and they would appreciate it very much if the County could
offer some financial support in their next budget year. Commissioner Ireland
asked how much support were they seeking and Ms. Wright stated $3,000.00 would
really help them.
Wes Whitworth, of the Parks Department representing Bruneau Sand Dunes and Three
Island Park told the Board that Idaho is doing very well in travel and tourism.
Mr. Whitworth added that after 9/11 people are traveling more by car, and that
tourism benefits everyone, small businesses benefit from gasoline, food, snacks,
and lodging as visitors travel through. Mr. Whitworth stated that he is very
involved with the Visitor’s Center and has helped attain grants for various
projects there.
Ron Swearingen stated that the Visitor’s Center receives grants from Parks and
Recreation and the State Department of Tourism, but that those grants are
promotional grants and not available for daily operations. Ron added that the
City of Mountain Home owns the Center and has maintained it.
Denise Bracy, representing the Best Western Hotels, gave the Board some
statistics on tourism relating to Idaho lodging sales tax covering 1993 through
2002. The figures show that Elmore County’s receipts have gone up steadily for
that ten year period. Ms. Bracy stated that tourism is a definite boost to the
economy in Elmore County.
Albert Clement of the State Department of Commerce stated that Mountain Home Air
Force Base brings visitors to Mountain Home. Many people that come out to visit
military members come and stay. The Mountain Home community makes a very good
impression on visitors.
Jo Gridley, Chief Deputy Assessor appeared before the Board to discuss Idaho
Code 63-602E- Property exempt from taxation - Property used for school or
educational purposes. Jo explained that what had prompted her to review the
section of code was a call from Larry Slade regarding the alternative school and
whether it should be exempt. There was discussion about whether some of these
parcels were exempt or not and the Board tabled the remainder of the discussion
until the Prosecutor could be in attendance.
Bonnie Sharp of the Growth and Development Department and the Enhanced 911 fund,
Bart Eben, 405 Birch Street and Ron Hazuka, 416 Birch Street appeared before the
Board to discuss the NW Balsa Avenue street sign and how the Board feels about
removing it. NW Balsa is not a street, it is a ten foot right-away. Mr. Hazuka
showed some photographs of his fence, which was damaged by motorists driving
down the narrow right-of-way. Mr. Hazuka said they need to close the
right-of-way to traffic. Mr. Hazuka stated what they would like to do is block
off the right-of way so traffic would not be able to get through, either with a
gate or a concrete abutment. Bonnie Sharp stated that the sign should not have
been placed on NW Balsa Avenue in the first place, but was done so in error and
she feels it should be removed. Motion by Egusquiza-Stanek, second by Ireland,
to remove the NW Balsa Avenue street sign.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza-Stanek told Mr. Hazuka and Mr. Eben that now finding a
method to keep traffic out was up to them. Mr. Hazuka stated that at first the
Fire Chief was against closing the right-of-way off, but he has since changed
his mind because it is really too narrow for the fire trucks to use anyway.
Motion by Egusquiza-Stanek, second by Rose to adjourn for lunch.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Indigent
Director Marianne Bate.
The following decisions were made:
K-03-03-08 Motion by Ireland, second by Rose, to sign a letter to vacate the
hearing.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-01 Motion by Rose, second by Ireland, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-02 Motion by Rose, second by Ireland, to deny as not last resource.
Discussion followed.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-03 Motion by Ireland, second by Rose, to deny county assistance as not
indigent.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-05 Motion to deny by Ireland, second by Rose, for reasons stated.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
NM-05-04-03 Motion to approve by Ireland, second by Egusquiza-Stanek, with a
signed promissory note, rent for May only for $500.00.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Hearing dates were discussed and Ms. Bate will get with the Prosecutor for
scheduling.
Regular session resumed.
The Court Appointed Special Advocate (CASA) Volunteers met with the
Commissioners. Donna Hale, the spokesperson, explained to the Commissioners what
the program was about and how it helped the Community. The Volunteers are asking
for $11,348.00 in funding for the next fiscal year for a part time employee to
cover Elmore County. Ms. Hale gave the Commissioners a handout with all the
information on it. The Commissioners thanked Ms. Hale for appearing.
Scott Simons, 67 West Garfield Street, Glenns Ferry, Idaho and Dennis Charney,
951 E. Plaza Drive, Suite 140, Eagle, Idaho, 83616, who is the legal counsel for
Mark Simons d/b/a Glenns Ferry Garbage appeared before the Board to discuss
allegations made against the company made at the Board meeting of April 12th.
Scott Simons stated he is Mark Simon’s brother and he was here to try to rebut
some of the testimony given about the allegations against Glenns Ferry Garbage.
Mr. Simons explained that his brother Mark was out of the area because he was
accompanying his eighteen year old son while he negotiated a professional
baseball contract. Mr. Simons stated he does work for the company and he feels
there is not basis for these charges. Mr. Simons further stated that over a year
ago these items were discussed and answered. Mr. Simons stated he would be happy
to try and answer any questions the Board had.
Chairperson Egusquiza-Stanek asked what about the charge that the same garbage
is there for many days? Mr. Simons stated that they make the required trips per
week, unless a truck is broken down or something like that and that often, in
peak recreation months, they have made extra trips to haul out trash.
Chairperson Egusquiza-Stanek asked what about the charge that they are not
carrying Workmen’s Compensation? Mr. Simons replied they do carry Workmen’s
Compensation on their workers.
Chairperson Egusquiza-Stanek stated she was at a Central District Health meeting
recently and she inquired whether Central District Health was having any
problems with Glenns Ferry Garbage and she was told they were not experiencing
any problems.
Mr. Simons stated, that as with any business, there has been some problems from
time to time, but that it was old news and those problems have been addressed.
There was discussion about the definition of what constitutes household garbage.
Chairperson Egusquiza-Stanek stated there still are a few problems, like placing
chicken wire around the sites for control of the birds scattering the trash.
Mr. Charney asked the Board to clarify whose job it is to fix the doors on the
transfer stations? The Board said they felt it was the County’s responsibility.
Mr. Charney then asked the Board to define maintenance as mentioned in the
contract. Commissioner Rose stated he felt it meant to “police up” the area.
Mr. Simons and Mr. Charney thanked the Board for their time and Mr. Simons
stated he would not be able to stay much longer but that Mr. Charney would stay
as long as the issues were being discussed.
Carleen Braithwaite, Ray Chapman, Tom Vallard, and Terry Ratliff appeared before
the Board to discuss the trash issues. Mr. Ratliff asked the Board why not ask
to see proof of the Workmen’s Compensation and Liability Insurance Coverage? Mr.
Ratliff also asked why Mr. Simons didn’t show his CDL logs to give proof when
pickups were being done. Mr. Ratliff said that Carleen Braithwaite can testify
that pickups were made on the Prairie on April 5, 12, 19, 25, and 29th. Mr.
Ratliff offered photographs and asked that they be marked as exhibits. Mr.
Ratliff stated that the County is paying for services they are not receiving,
and that as a taxpayer he is unhappy about it and that his clients feel the
contract has been breached and should be cancelled.
Ray Chapman of Pine stated he felt he had a solution for the Pine/Featherville
Area. Mr. Chapman stated if established specific days a week and times were set
the Sheriff’s deputies stationed at Pine could go and check the sites a couple
hours after the scheduled pickup times and log in whether or not the garbage was
picked up. The Board, in turn could then get the information from the deputies.
Mr. Chapman suggested that it would probably take community involvement to solve
the complete problem. Mr. Chapman also stated he was not anyone’s client and he
would not be coming back to discuss this issue.
Mr. Ratliff stated that during March there were four dates of actual pickup in
Prairie but the County was billed for nine. Mr. Ratliff asked Commissioner Rose
if he has an interest in Glenns Ferry Garbage? Commissioner Rose stated he did
not - he had one in the 1970's but not since that time. Also Commissioner Rose
stated he had sold Mr. Simons a truck for $50,000.00 in 1995 which was paid off
August 16, 2000.
James Patchin of Fall Creek Resort stated that last year his dumpster was picked
up 50% of the time and then on April 25th it was picked up for the first time
since the fall. Mr. Patchin stated he doesn’t use the dumpster anymore, he hauls
his trash out but he knows the service is lousy.
Gordon Zito, 474 South Main Avenue, Hammett, Idaho, stated that in December 2003
about the 17th or 18th he had rented Curry Grain to process onions. Mark Simons
had some of his own dumpsters at the location and he told Mr. Zito he would pick
up those dumpsters for a fee of $125.00. Mr. Zito stated he felt that was too
expensive. Mr. Zito complained that he then obtained a charge schedule done
hastily by Commissioner Rose, which was given to Mr. Zito’s son. Mr. Zito
stated, that in the end, he was not even charged a fee at the Glenns Ferry
Landfill.
Commissioner Rose stated that the fee schedule has been in place for a long
time, but since the Glenns Ferry Landfill does not have a scale, there is no
charge for disposal. The fee schedule has been in effect for the Bennett Road
Landfill. There was some further discussion between Mr. Zito and Commissioner
Rose as to the accurancy of Mr. Zito’s statements.
Doug Burnett, 450 East 2nd N., Mountain Home, Idaho, stated he thinks the Board
needs to insist on reviewing the CDL log books, void the present contract and
put the contract out for bid.
Dennis Charney stated there is not CDL requirement for these vehicles.
James Patchin of Fall Creek stated the property owners at Fall Creek would like
some dumpsters in the Fall Creek area because there aren’t any and there are
more people there now.
Commissioner Ireland explained that there are areas in the County with no
dumpster services. The places that had small dumps that the County closed, are
the ones that now are serviced by the dumpsters.
Carleen Braithwaite read some statements into the record:
Just to clarify 1st that this issue is not personal or political. This issue
involves a contract for which our County pays for from taxpayer funding. If
service is not delivered or miss billing occurs the County must take steps to
correct the terms of the contract. In that contract, the terms are that the
garbage service will follow all County, State, and Federal laws such as
insurance and licensing. We have provided documents that these terms of the
contract have not been followed. We are not professional investigators but we
have discovered this garbage service to be operating so far out of compliance
that we feel a need for a full audit and investigation of County money paid to
this garbage service.
You, as County Commissioners, have placed the problem on business in the hills.
This problem was not created by businesses but rather by the garbage not being
picked up regularly. As many different county taxpayers have contacted you with
complaints, they have been told “you are the only one to complain”. This is not
true. The problem, to my knowledge has existed for at least 5 years. All the
residents of the County including business people have went the extra mile to
help keep our County from being trashed by organizing liter pickups, hauling
large items from the hills, providing personal equipment and fixing the broken
garbage trucks at no charge.
Due to the fact that Commissioner Larry Rose previously owned the garbage
service and obviously is still privately involved we would ask that he step down
as a Commissioner on this matter.
Our County is experiencing tremendous growth as noted in the new comp plan. We
believe that County Commissioners should adjust for this growth by adding new
dumsters where needed, and adding or deleting pickups for seasonal changes to
each area. Again, all we are requesting is the garbage in the County to be
picked up and disposed of corrected so that our County will not become trashed.
(Submitted and read by Carlene Braithwaite)
Terry Ratliff asked the Board when they would reply to the statements made at
this meeting? The Board indicated since their attorney was not present, they
would not be in a position to reply to that question.
Tom Vallard questioned when the Glenns Ferry Landfill facility would be at
capacity? Chairperson Egusquiza-Stanek stated there is no date scheduled for
closure and that would not even be considered in the near future. Mr. Vallard
then stated he was wondering if the wells are being monitored. Mr. Vallard was
told DEQ does monitor the wells.
Geoff Schroeder, 300 S. 10th E., Mountain Home, Idaho, suggested to the Board
that in the next contract procedure they add a complaint factor. For example,
something to say if citizens have a problem with the service they should call a
number to express their concerns. Mr. Schroeder said he felt that type of
procedure might head off the type of difficulties that seem to be surfacing at
this time. The Board told Mr. Schroeder that they liked that idea.
Prosecutor Bazzoli joined the meeting.
Greg Mauer, Administrator and Jay Friedly, Counsel for the Elmore Medical
Hospital District appeared before the Board to discuss the Northwest Paramedics
issue, saying they want clarification on the Hospital’s position. Prosecutor
Bazzoli stated the County never intended to expect the provider in the contract
to provide services for free. The Hospital does not expect free services either.
A method of providing payment for return trips from tests performed in Boise for
in-patients was discussed. The hospital is free to contract with whoever they
would like to regarding return trips, even with Northwest Paramedics.
There was discussion regarding Richard Carlson’s letter asking about the status
of the Rocky Mountain Land and Cattle decision. The Board asked the Prosecutor
just what they needed to do next? Prosecutor Bazzoli said he would send a letter
to Growth and Development outlining the issues to be addressed regarding the
re-hearing as set forth in the Judges order.
Idaho Code 63-602E relating to School District exemptions was discussed with the
Prosecutor. The Prosecutor stated that property leased to the School District
for which profit is earned is taxable to the owner.
The contract with the University of Idaho was discussed with the Prosecutor.
Motion by Egusquiza-Stanek, second by Ireland, to accept and sign the contract
for the Elmore County Extension Agent with the University of Idaho with the
provision that Mir Seyedbagheri acknowledges receipt of the contract.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The Weitz appeal was discussed with the Prosecutor. There was lengthy discussion
among the Board members regarding the appeal, particularly as it relates to the
area of impact. Motion by Rose to disallow the zoning change for Weitz and
Company because of the Elmore County Area of City Impact.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - NAY Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Ireland 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
