COMMISSIONERS MINUTES                                                           JUNE 14, 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 were Clerk Gail Best and Prosecutor Aaron Bazzoli.

Motion by Egusquiza-Stanek, second by Ireland, to approve the minutes of May 24, May 28, June 2, and June 3, 2004 as submitted.
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, Clerk’s Bail Bond Report, and Treasurer’s Office Report for May, 2004 as submitted.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Ireland to approve the payroll for May, 2004 in the amount of $290,820.98.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

Motion by Ireland, second by Egusquiza-Stanek to approve the expenses as submitted with the exception of the two claim vouchers in the red dot folder which will be returned to the department to be resubmitted for the next meeting. Total expenses $290,776.29.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

There was discussion on the easement problem. Motion by Rose, second by Ireland to have Prosecutor Bazzoli write a letter to the City of Mountain Home asking they reconsider their decision to approve the plans for the building permit for the Glenns Ferry Health Center.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

A Catering Permit for Dale Klitz d/b/a First Class Inc. to serve beer and wine at the Koelsch wedding to be held June 19th was reviewed. Motion by Ireland, second by Rose, to approve the catering permit and to direct the Chair to sign the permit.

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

The Board reviewed the Regulatory Takings Analysis for Dan Weitz & Company. After some discussion the Board tabled the matter until later in the day.

The contract with the University of Idaho for the Extension Educator was discussed. After some discussion the Board tabled the matter until later in the day.

The Family Functional Therapy contract was discussed. Motion by Egusquiza-Stanek, second by Ireland to sign the contract.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

The Qwest Enhanced 9-1-1 Service Agreement was reviewed and discussed. Motion by Ireland, second by Rose, to accept the contract with Qwest and to direct the Chair to sign the agreement.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

Tax cancellations were reviewed. Motion by Ireland, second by Rose, to approve the tax cancellations as read and direct the Chair to sign them. No. 706 for Laverne Schroeder in the amount of $861.52, No. 707 for Egg Rolls Asian Food to Go in the amount of $183.76, No. 708 for WWDot Computers in the amount of $19.92, and No. 709 for CBK Broadband in the amount of $25.68 for a grand total of $1,090.88.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

Correspondence received by mail was reviewed.

The Comprehensive Plan was discussed. Mark Russell was present for the discussion. A minor change was made to the draft on page 31. The change was so minor it was agreed that a public hearing would not be necessary.

Motion by Egusquiza-Stanek, second by Rose, to go into Executive Session pursuant to Idaho Code 67-2345(d).
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

Regular session resumed.


Motion by Rose, second by Egusquiza-Stanek, to allow applicant in case numner K-03-04-01 to pay back a total of $100.00 a month for the combined two incidents.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

Motion by Rose, 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 Elmore County 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.

The following decisions were made:

K-04-04-15 Motion by Rose, second by Ireland, to deny as not indigent, no interview.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-05-04-06 Motion by Rose, second by Egusquiza-Stanek, to deny as not indigent, no interview.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-05-04-01 Motion by Ireland, second by Rose, to deny as not indigent, no interview.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-05-04-02 Motion by Rose, second by Egusquiza-Stanek, to deny for all reasons stated.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-05-04-04 Motion by Rose, second by Ireland, to deny as not indigent, not last resource and incomplete.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


NM-06-04-06 Motion by Ireland, second by Rose, to approve with reimbursement order of $25.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and

Still in Executive Session a reimbursement hearing was held on K-04-04-12, K-12-01-01 and K-01-04-14 (all cases for the same applicant).

The applicant was present, along with all three Commissioners, Prosecutor, Indigent Director and Deputy Clerk. The applicant was asked questions about income and disbursements. After a long discussion the applicant agreed to sign a promissory note for all three cases. Motion by Egusquiza-Stanek, second by Ireland to accept payments of $25.00 for each case totaling a $75.00 monthly payment. Commissioner Rose emphasized to the applicant the importance of making the payments monthly.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Still in Executive Session a reconsideration hearing was held on K-01-04-09. Present were the three Commissioners, Prosecuting Attorney, Indigent Director Marianne Bate, her assistant, Deb Cloudt, Deputy Clerk Steele and a representative from the hospital. The applicant is currently in jail and the hearing was continued to July 12, 2004 at 10:00 a.m.

Regular session resumed and a small recess was taken.

Motion by Egusquiza-Stanek, second by Ireland, to go into Executive Session to hold a hearing on K-01-04-15.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Present were the three Commissioners, the Prosecutor, Indigent Director Marianne Bate, her assistant Deb Cloudt, Deputy Clerk Steele, the applicant and the applicant’s mother. Steve Jensen and Rayven Wilkerson were also present representing St. Alphonsus hospital although they arrived late. The applicant was asked questions by the Board, the Prosecutor and the hospital representatives. The hearing was closed.

Regular session resumed and a decision will be made on K-01-04-15 at the June 28, 2004 meeting.


Chairperson Egusquiza-Stanek recessed the regular session and called the Board to order as a Board of Equalization. Jo Gridley, Chief Deputy Assessor, introduced Chris and Jennifer McCleary who were appearing before the Board to talk about their Homeowner’s Exemption. Ms. Gridley explained that the McCleary’s had purchased a home in October 2003 but had not applied for their homeowner’s exemption. Captain McCleary was then deployed to Iraq in November, returning in March 2004. Mrs. McCleary went to visit her family while Captain McCleary was deployed. When the McCleary’s got their assessment notice they thought they had the homeowner’s exemption because it was listed on the notice, when in fact they did not. The homeowner’s exemption was for the previous owner of the home. Ms. Gridley explained that, in the view of the Assessor’s office the McCleary’s are not entitled to the exemption. The McCleary’s stated they did not agree with the opinion of the Assessor’s office because they were mislead by the Assessment Notice that stated a homeowner’s was in effect on the property. Ms. McCleary stated they were not informed by First American Title that they needed to come to the Courthouse to apply for the Homeowner’s Exemption. Motion by Ireland, second by Egusquiza-Stanek to approve the Homeowner’s Exemption for 2004 since the McCleary’s failed to file the application because Captain McCleary had been deployed to Iraq.
EGUSQUIZA-STANEK - NAY
ROSE - NAY
IRELAND - AYE Motion Failed.

There was further discussion on the problem. Ms. Gridley suggested that the McCleary’s might obtain an application for a hardship exemption for this year, stating that it may save them some money and the homeowner’s exemption would kick in the following year. Captain McCleary stated he wasn’t certain he wanted to do that.

An exemption for the American Legion Post 26 Parking Lot was discussed. Motion by Ireland, second by Egusquiza-Stanek to exempt the property described as Lots 9 & 10, Block 2, Daniels Addition.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

A Casualty Loss Exemption for 2004 for Frank and Jo Black for property described as Tax 31 & Tax 64 Section 11, T3S, R6E, in the amount of $36,904.00 after Homeowner’s Exemption was reviewed by the Board. Motion by Rose, second by Ireland to approve the exemption described above.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

Budget workshops were held for the following departments: Juvenile Justice, Probation/Restitution, Prosecutor, and Growth and Development.

There was no public appearing for the public portion of the meeting.


A Provider’s Conference was held for the Ambulance RFP. Karl Vogt, representing Northwest Paramedics, Inc. stated he had no questions. Michael McGrane, Director, Air St. Luke’s, 190 E. Bannock Street, Boise, asked, if he was correct, that air service will not be a part of this RFP. The Board told Mr. McGrane it would not be. There was discussion about the rotation of air services being called to pick up patients.

Greg Mauer, Elmore Medical Center Administrator, stated he was not a provider of ambulance service but would like to ask a question. Mr. Mauer referenced page 15 #1, line 1 which referenced the RFP will be evaluated by a team of representatives - Mr. Mauer asked who would be on the “team” and stated the question probably should be addressed to Clerk Best. Clerk Best replied that the last RFP was rated by the Board and she thought that the Board would probably be the evaluating “team” again this time. Non-emergency transport to and from health care facilities was discussed.

The Regulatory Takings of Analysis on the Dan Weitz matter was discussed. Motion by Ireland, second by Egusquiza-Stanek to approve the analysis as prepared by the Growth and Development Administrator and reviewed by the Prosecutor.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

There was lengthy discussion regarding the Extension Educator’s contract and which format was the most appropriate for this year. No action was taken on the matter.

Motion by Ireland, second by Rose, to approve the liquor catering permit for AJ’s to cater the Koelsch wedding to be held June 19th and direct the Chair to sign the permit.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered

The Tier III funds were discussed. The Public Comment period ends on June 18, 2004 on how the Board intends to allocate the $79,307.58. The money will be spent using $47,818.00 for repeaters on Great Mountain and Iron Mountain and $31,489.58 for Search and Rescue and Other Emergency Services, for reimbursement for services performed and equipment used on federal land. Search and Rescue will receive reimbursement for a snowmobile at $7,850.00 and a camera at $88.90 for a total of $7,938.00 and the Elmore County Rescue Unit will receive reimbursement for $750.00 for training done for the Prairie Quick Response Unit and $10,000.00 for equipment for the Prairie Quick Response Unit for a total $10,750.00. A request for reimbursement to the Elmore County Waterways was reviewed by the Board to determine whether some of the remaining $12,800.68 should be allocated to that unit. The decision on the expenditure for the Waterways was tabled for another meeting.

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