COMMISSIONERS
MINUTES JUNE 15, 2004
The Elmore County Commissioners met in special session on the above date in the
Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho. The purpose of the special meeting was to discuss
issues regarding the transfer stations and the landfills.
Present at the meeting were Chairperson Egusquiza-Stanek and Commissioners Larry
Rose and Calvin Ireland. Also present at the meeting were Prosecutor Aaron
Bazzoli and Clerk Gail Best.
Mark Simons of Glenns Ferry Garbage and his attorney Dennis M. Charney appeared
before the Board to answer questions regarding the last meeting on the issue.
Mr. Charney stated he was pleased the Board had received his written response to
the questions. Prosecutor Bazzoli asked a question relating to page 4, last
paragraph which talks about a written record of trips made to clarify whether or
not there was any written log kept of trips made to and from the transfer
stations. Mr. Simons replied there was not. Prosecutor Bazzoli in reference to
page 5, last paragraph asked if Mr. Simons has workmen’s compensation coverage
on his workers? Mr. Simons stated he has not as it is not a requirement. Mr.
Simons also explained that he and his brother, Scott, are officers of the
corporation but do draw a salary during the year. Prosecutor Bazzoli requested
that a record be kept on the trips made. Mr. Charney suggested perhaps a log
could be kept right at the transfer stations so that the drivers could verify
each trip on the log register when they arrived there.
Commissioner Ireland stated, referring to page 2, paragraph 2 regarding
Commissioner Ireland giving Mr. Simons permission to hire out the excavation
work - that the entire Board, not just he, gave that direction to Mr. Simons.
Further in paragraph 3 of the same page that Commissioner Ireland leaned on Mr.
Simons to accept the onions for free, Commissioner Ireland denied that
allegation completely. Also on page 3, paragraph 2, Commissioner Ireland stated
that he did not pressure Mr. Simons to dispose of a significant amount of
commercial garbage without being properly compensated. Finally on page 6,
paragraph 2, Commissioner Ireland stated he did not advise Mr. Simons to stop
using the transfer station in Mountain Home and to take the garbage to the
Glenns Ferry Landfill. Mr. Simons replied that the way he recalls it is that Mr.
Ireland asked him to haul to Glenns Ferry to lessen the tonnage at Bennett Road.
Chairperson Egusquiza-Stanek asked if when they bring trash to the landfill does
it verify where the trash is coming from? Mr. Simons stated it did not but it
logs the times, so it probably could be done easily enough.
Commissioner Rose stated that he will recuse himself from any voting on this
issue since Ms. Braithwaite had asked that he do so. Commissioner Rose added
that he does not feel it is fair to have to do that just because he and Mr.
Simons are friends because he deals with issues and votes on issues with people
he knows all the time and does not really feel this is any different than a vote
affecting Prosecutor Bazzoli or Clerk Best.
Commissioner Egusquiza-Stanek stated that one of the allegations in the past has
been that the drivers do not empty the containers completely. Mr. Simons stated
it is all on the guy running the truck, but that he will try to ensure it is
done by reminding the drivers. Commissioner Rose stated that he was in the same
business a long time and if it is cold, material inside the containers will
freeze to the bottom, making it impossible to get out.
Prosecutor Bazzoli asked about the wording in the contract about maintaining the
area around the landfill and wanted to know about the feeling of the Board
regarding repairs to the doors. The Board stated they felt they should pay for
repairs to the doors. Clerk Best stated that the County had paid for repairs to
the doors at the Bennett Road facility and Chairperson Egusquiza-Stanek stated
that the County paid for repairs to the Atlanta landfill that were made by Mr.
Inama.
Myron Adamson, 742 N. Adamson Drive who is the County Building Inspector stated
that he has examined the transfer station at Pine and the bolts for the doors
have been taken right off. Myron also stated he has been keeping a log book for
one month already on all the sites and they are empty and clean when he is in
the various areas. Mr. Adamson asked for guidance from the Board on whether he
should log in sites that have couches, chairs, refrigerators and snowmobiles,
etc in and around the site? The Board stated they would like Mr. Adamson to do
that if he would.
There was discussion regarding some manner of ridding the sites of the “white
goods” that are left at various sites.
Carlene Braithwaite stated that Russ Beavers of Atlanta takes his own rigs and
hauls things out to Ada County twice a year to ensure that the community of
Atlanta isn’t littered with all the unwanted furniture and appliances people no
longer want to keep. Ms. Braithwaite added that she has seen Mr. Simons pick up
these unwanted items up in the hills whenever possibly can do so.
Marty Jones, Senior Environmental Officer for Elmore County for Central District
Health stated these areas are collections sites, not transfer stations - the
only true transfer station is the one located at Bennett Road. In general, Mr.
Jones stated, he feels these collection sites are being taken care of. Mr. Jones
said it should be stated that these sites are unmanned and it is rather
impossible to control what people will do. On the issue of “white goods” Mr.
Jones said having been with the health district for many years, if you do not
provide a place for people to drop them off, the goods will end up out in the
County littering the countryside. Mr. Jones said Mr. Simons throws a lot of the
smaller items on his truck when regular pickups are made. Mr. Jones further
stated that there is no health hazard from the “white goods” and all in all the
condition of these collection sites is good most of the time.
Prosecutor Bazzoli asked Mr. Simons how many people are usually in a truck? Mr.
Simons stated usually one or sometimes two.
Mr. Adamson asked if he might make an additional comment? Mr. Adamson stated he
thinks the County is also ending up with trash from other counties that is being
disposed of here. The group assembled at the meeting agreed that was true.
Commissioner Ireland asked if more dumpsters placed at Pine would help? Mr.
Simons stated that on Memorial Day weekend they had picked up at Pine on
Saturday, Sunday and Monday and on each of the days the dumpsters were full.
The number of dumpsters at each site was discussed as well as the frequency of
trips. Mr. Charney said perhaps the current fuel prices and all the extra trips
should be investigated. Mr. Simons also asked if the Board wanted to set a
schedule of when he should make pickups? Prosecutor Bazzoli warned that if the
Board sets the schedule, Mr. Simons would no longer be an independent
contractor.
Terry Ratliff gave the Board three photocopies of pictures and asked that they
be marked as exhibits for the record. Mr. Ratliff stated that Mr. Simons has
admitted he is submitting claims with no proof of trips made attached. Mr.
Ratliff also asked if Mr. Simons’ trucks are under 26,000 GVW? Mr. Simons stated
one could be over and he has two drivers that have Commercial Drivers Licenses (CDL’s).
It was determined that no log books are kept by those drivers.
Tom Vallard stated that up to a 100 mile radius drivers do not have to keep a
log book. If a truck is 26,001 GVW the driver must keep a log book when the
truck is loaded.
Commissioner Egusquiza-Stanek asked how much the trucks weigh? Mr. Simons stated
they do not weigh them.
Mr. Ratliff stated that he had another question, twenty dumpsters were purchased
who do they belong to? Mr. Simons stated they belong to the County and there are
ten of the brand new ones scheduled to go to Prairie, but he had been waiting
for the new site to be built.
Mr. Ratliff then asked if the $44,000.00 that was paid to Mr. Martell was
approved by the Board? Commissioner Ireland stated yes it was and that there was
no limit placed on it at the time. Mr. Ratliff then questioned whether Mr.
Simons carries liability insurance? Mr. Simons stated he did and he could have a
copy faxed to the County.
Commissioner Egusquiza-Stanek asked Assessor Jim Haydon how many dumpsters are
the County’s and how many are Mr. Simons? Mr. Haydon stated he really did not
know, he is waiting for Mr. Simons to turn in a list of his.
Mr. Ratliff asked what Scott Simons role is in the company? Dennis Charney
stated he is an officer of the corporation and also draws a salary. Mr. Ratliff
asked if the drivers are independent contractors, and if so are they given 1099
forms? Mr. Charney stated they will fax in 1099 forms, and certificates of
liability, copies of CDL’s, the dumpster ownership list and proof of weight of
the trucks when empty to the County. Mr. Ratliff asked if the Board is going to
require weight of trucks to be done empty. Commissioner Ireland stated let’s
have him weigh the trucks. Commissioner Egusquiza-Stanek asked what is the deal
with the weight of the trucks? Mr. Simons stated that the weight determines the
price of the license fees and also the price of insurance on the trucks.
Mr. Charney stated that 1099's are to be kept private, Mr. Ratliff said no they
are not private. Clerk Best stated she needs to know, so for her part Prosecutor
Bazzoli will advise her.
Marty Jones of Central District Health stated that Tom Vallard had complained he
was not able to get copies of landfill records and he had complained to DEQ. Mr.
Jones scheduled a site visit on May 28th, but when that day came it was terribly
windy and stormy so he rescheduled. On June 1st he did make a site inspection
and looked for discrepancies - Mr. Simons was present for the site inspection.
Mr. Jones found inadequate daily cover and stated at the end of each day Mr.
Simons should be certain the last thing that is done is to ensure daily cover is
adequate. Mr. Jones also found one waste tire and stated liter control needs to
be done, perhaps this could be accomplished by some community service workers.
Mr. Jones stated that on June 10th a joint three to five year site review was
done - the report is in draft and does address these issues, but not in the
final report. The timetable for the report was discussed and Mr. Jones stated it
will come right to the County. Mr. Ratliff asked if the record could be kept
open until the report can be reviewed by the Board.
Mr. Jones stated that there is training available either by video or at training
sessions which are held periodically. Operators of landfills are trained as to
what is acceptable waste, Mr. Jones stated he will let Mr. Simons know when
trainings are being held.
Carlene Braithwaite stated that since March the pickups in Prairie have been
regular and the conditions at the site are better.
Commissioner Ireland asked whether Mr. Martell had billed Mr. Simons for the
dozer? Mr. Simons stated that he had and Commissioner Ireland asked if the Board
could have a copy? Mr. Charney stated “we have the original, you can make a copy
of it”.
The time frame for the next meeting was discussed. A decision on the issue was
scheduled for July 12th at 8:30 a.m.
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
