Commissioner's Minutes

COMMISSIONER’S MINUTES JUNE 28, 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 Egusqzuiza-Stanek, Commissioners Larry Rose and Calvin Ireland. Also present were Clerk Gail Best and Deputy Prosecutor Teri Kaptein.

Motion by Rose, second by Ireland to approve the minutes of June 14, 2004, June 15, 2004, June 17, 2004 and June 21, 2004. There was discussion. There were three minor corrections to the minutes. Amended Motion by Rose, amended second by Ireland to approve the minutes of June 14, June 15, June 17, and June 21, 2004 with the corrections.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Rose, to approve the expenses. There was discussion. Amended Motion by Egusquiza-Stanek, amended second to approve the expenses with the exception of two submitted by the Prosecutor in the red dot folder.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Hepatitis shots for first responders was discussed. The Board had agreed to pay for this some time ago, but feels it is ongoing much longer than they originally thought it would. The Board felt, when they agreed to pay for it, it was more or less a one time expense. The Board asked Clerk Best to research it and then to do a memo setting a date to discontinue paying for the hepatitis shots.

Mark Russell, Administrator of the Growth and Development Department appeared to discuss a 4-Lot Letter of Information (LOI) for Santiago Torres. The Board reviewed the LOI and Mr. Russell stated that the taxes on the property have been brought current. There was general discussion. Motion by Ireland, second by Rose, to accept the LOI for Santiago Torres as passed by the Planning and Zoning Commission but adding a condition that Mr. Torres comply with the Junkyard, Wrecking Yard and Trash Ordinances.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Mark Russell then talked to the Board about his idea for an Appliance Disposal Day. Mr. Russell stated his department would contract with someone with a large trailer (approximately 32') who would allow it to be parked up in Pine over the course of two days so residents could bring appliances and furniture to be hauled out. Fees for the service was discussed. It was decided that if the service was free, more people would participate - so the service would be free except for the charge of eliminating any freon from freezers and refrigerators. Mr. Russell stated they would do a lot of advertising prior to the pickup weekend so all the residents would be aware of the opportunity. There was discussion about if the costs could be picked up from the solid waste budget and it was agreed they could. There was also discussion that if the project was successful in Pine, it could be done at other collection sites. Motion by Ireland, second by Egusquiza-Stanek to allow Mr. Russell to pursue the project.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Louise Lisle, 4295 N. Washington Avenue, King Hill appeared before the Board to discuss illegal dumping at the King Hill collection site. Ms. Lisle stated that the area inside the collection site is being kept very clean and well maintained, but the problem is the area outside of the collection site, people are dumping illegal items and the problem is getting worse daily. Ms. Lisle stated that people just do not care, and continue to dump unwanted items outside the collection site making the area very unsightly. Ms. Lisle stated the signs that are posted and the threat of fines are doing nothing to solve the problem. Ms. Lisle added there is also quite a problem with brush and branches being dumped as well. Ms. Lisle stated she thought the best solution was to close the collection site and bring in dumpsters to be placed on the streets. There was general discussion on just what could be done to solve the problem, since several things have been tried and failed. The Board took Ms. Lisle’s complaint under advisement since they are involved in the settling the trash issue throughout the County now anyway.

The Board scheduled the Board of Equalization to hear appeals to assessments for July 8, 2004 at 9:00 a.m.

A telephone conference call was placed to Chuck Smart in Atlanta, Idaho to see if the Board could get his input on the Snowmobile Ordinance they are working on. Mr. Smart discussed the matter with the Board and then stated he would send his comments in writing as soon as possible.

The Elected Officials and Department Heads met with the Board for their regular monthly meeting. Gail Best, Clerk, gave out some information from Blue Cross of Idaho regarding some changes the employees should be aware of. Gail stated she felt if the department heads were aware of the changes, they could pass the information on to their employees. The information covered was that as of June 1, 2004 CAT scans, PET scans, MRI’s and other imaging will require pre-approval and that Blue Cross does not currently have a contracting Gastroenterologist in the area to serve the needs of patients. Gail stated she just wanted to be sure the employees were aware of these changes before any got stuck with charges they weren’t expecting.

Jim Haydon, Assessor, stated his two new appraisers had now gotten past Course 1 in Twin Falls and would be ready for Course II in Boise later this summer. Mr. Haydon also stated that he knows there are five people coming before the Board of Equalization and there could be seven in all since they are still negotiating with two.

Rose Plympton, Treasurer, stated that the June tax collection went well, and that $4,931,665.94 was collected - the largest June collection ever, surpassing last year by about $50,000.00. Rose stated she is working on one Public Administrator case and has contacted family members on a second one, hoping the family might take that one on.

Marla Spence, Coroner, stated that June has been an extremely busy month - June 1 - June 27th there have been fourteen deaths in the County. Marla stated there are two autopsy reports still due to come back, adding that those results are generally slow in coming.

Teri Kaptein, Deputy Prosecutor stated that the Albert Ciccone case will be going on schedule this summer.

Ted Knudson of the Probation Department stated that Mr. Jewell, their contracted Counselor has been ill and unable to work. Ted also turned in his monthly report for May 2004. The Board reviewed the monthly report and asked Mr. Knudson some routine questions.

Rick Layher, Sheriff stated a local church group had asked to borrow the fifteen passenger van and he wondered how the Board felt about it - the church wanted to use the van to transport kids to church camp. There was general discussion regarding possible liability issues as well as how many other groups may want to borrow the vehicle if the Sheriff allowed one group to use it. The Sheriff will consider these issues and make a decision on the matter.

There was discussion with Sheriff Layher regarding when to have the Jail Committee meet again. Sheriff Layher stated he will call the architects and set a date for the meeting and report back - July 8th would be a good day since the Board is already meeting on that day. Sheriff Layher also stated the Forest Service is now wanting to bill the County for using the trailer the deputies stay in when they are doing patrol in Atlanta. There was discussion about how to avoid the cost of buying a trailer for sleeping quarters or having to pay the Forest Service rent for theirs. The Forest Service has direct benefit from the deputies being there because they patrol the campgrounds and recreational sites. The Sheriff will see what kind of deal he can make with the Forest Service on the matter.

Mark Russell, Administrator of the Growth and Development Department, stated the Findings of Facts and Conclusions of Law regarding the Martell appeal has been done. The Board asked if the minutes were completed and Mr. Russell stated he did not think so. The Board stated they were reluctant to set a hearing date if a complete package was not ready for them. Mr. Russell stated he would get back to them on the issue, a hearing date was set for July 26, 2004 at 4:00 p.m.

Mark Russell stated he wants to submit an article to both newspapers regarding illegal lot splits. Mr. Russell also stated he is ready to start painting the dumpsters and doing inventory of them. There was discussion about how to list items that are not allowed to be placed in the dumpsters, and Mr. Russell said prohibited items could be printed on stickers that could be put on the containers. Mr. Russell said he would order approximately one hundred of those stickers. Mark reported that June was a very good month and collections were good.

Mir Seyedbagheri, University of Idaho Educator, gave the Board a copy of his Summary Activity Report for the past month. Mir reported that regarding the Mormon Crickets, lots of bait has been given out and some spraying has been done. Mir has been working on the Certification for Weed Free Hay - four growers have been working on it, one has not been certified. Mir said that the County might have to collect and remit sales tax, but that he would visit with Clerk Best about that matter at a later date. Mir also presented the Board with a Disaster Declaration for the drought conditions. Motion by Egusquiza-Stanek, second by Rose, to accept and sign the Emergency Drought Declaration as prepared by Mir Seyedbagheri.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

RESOLUTION NO. 332-04

WHEREAS, the Elmore County Board of County Commissioners, pursuant to Idaho Code Section 31-1608, has the authority in case of epidemic or calamity to declare a state of emergency regarding Elmore County;

WHEREAS, Agriculture in Elmore County is a $220,000,000 industry and consecutive years of drought are having a devastating impact on economic viability of crop production;

WHEREAS, As result of drought, water supplies from Irrigation Districts are very limited to optimal crop production;

WHEREAS, Deep well water levels have declined drastically below static levels;

WHEREAS, Drought has been a major cause for over a quarter million acres of scattered Mormon Cricket outbreaks;

NOW, THEREFORE, BE IT RESOLVED, By the Elmore County Board of County Commissioners, in lawful meeting assembled as follows:

An emergency is hereby declared to exist in that the County of Elmore, State of Idaho, has experienced accumulative years of drought along with its side effects that encompass devastating economic impacts on our agricultural production.

ADOPTED By unanimous vote of the Board of County Commissioners of Elmore County Stated of Idaho, on this twenty-eighth day of June 2004.

BOARD OF COMMISSIONERS
/S/ MARY EGUSQUIZA-STANEK, Chairperson
/S/ LARRY ROSE, Commissioner
/S/ CALVIN IRELAND, Commissioner
ATTEST: /S/ GAIL L. BEST Clerk

Clerk Best will submit the Emergency Drought Declaration to the Governor’s office. The contract with the University of Idaho and Mir was discussed. No action was taken.

Tom Gibbon, Chief of Security, reported that the new camera system for the Court has been received and will be installed by members of the Plant Facility staff when there are no trials going on in the Courtroom.

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

A continuance of a reconsideration hearing for K-01-04-13 and K-03-04-11 was called to order. Present at the hearing besides the Board, Clerk and Deputy Prosecutor were Marianne Bate, Welfare Director, Bonnie Miller of Elmore Medical Center and James Warburton. Mr. Warburton replied to questions from the Board. The hearing was closed and no action was taken as result of the executive session.

Motion by Egusquiza-Stanek, second by Ireland, to adjourn for lunch and a jail inspection.
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) 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-06-04-05 Motion by Ireland, second by Rose, to deny as not indigent, incomplete.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-05-04-09 Motion by Ireland, second by Rose, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

NM-06-04-08 Motion by Egusquiza-Stanek, second by Ireland, to deny as untimely, no interview, and not obligated County.

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

Regular session resumed.

Virginia Hauber, 5746 S. Bogart Lane, Boise, Idaho, appeared before the Board. Jo Gridley also appeared from the Assessor’s office.

Ms. Hauber stated back in 1960 her parents (now deceased) had purchased a cabin in Atlanta, and signed a lease with the Forest Service for 99 years for the use of the land the cabin was on. The Forest Service decided to terminate the lease, stating Ms. Hauber’s mother had signed a document in years past to that effect. Ms. Hauber has been for many years negotiating with the Forest Service regarding this cabin, even hiring an attorney to no avail. A notice to vacate was filed and Ms. Hauber decided to move the cabin. The cabin was not able to be moved in one piece and was taken apart and moved. Ms. Hauber is here to protest the taxes due for 2003 for the full year for this cabin, as it was taken down by April 1, 2003. Jo Gridley stated they are bound by the law, subject to any adjustments by the Board, to assess for the full year since the cabin was intact on January 1st of 2003. Rose Plympton, Treasurer, was called and asked to come to the meeting. Discussion followed. Motion by Ireland, second by Egusquiza-Stanek, to prorate the 2003 tax due on the cabin from January 2003 to April 1, 2003 and to waive any late fees or penalties
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Rick Layher stated he would also waive his sheriff’s fees on the cabin.

Ms. Hauber thanked the Board as this has been a long drawn out issue and also a sentimental one for her.

Motion to convene as a Board of Equalization by Egusquiza-Stanek, second by Ireland.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

A request was received from the Jesus Name Tabernacle, P.O. Box 309, Mountain Home, Idaho, for property tax exemption for the church property. Pastor Karl Kesling requesting the exemption. Also present was Jo Gridley from the Assessor’s office. The Commissioners asked if the Assessors office required documentation of tax exemption from the churches we have already exempted. Jo stated some times the Commissioners have asked for this under complicated circumstances but not usually. Motion by Ireland, second by Egusquiza-Stanek to approve the application for property tax exemption for Jesus Name Tabernacle.
EGUSQUIZA-STANEK - AYE
ROSE - AYE

IRELAND - AYE Motion carried and so ordered.

The Board recessed as a Board of Equalization and reconvened as a Board of Commissioners.

Budget workshops were held for the following departments: Extrication, Coroner and E-911.

Chairperson Egusquiza-Stanek read Certificates of Residency into the record: Joseph Ryan Anderson, Debbie Lee Bergh, Amanda Beth Burgess, Kevin Jeremy Curl, Erin Nicole Davis, Alexandria Marie Dodge, Danielle Yvonne Duquet, Erika Gingerich, Edith C. Guadarrama, Christopher Gerald Hathaway, Katie Marie Hurley, Alisha Christine Jewett, Hansel A. Kruetzer, Anthony Joseph LaGio, Michelle Ann Lee, Erin Frances Lewis, Rene M. Lunsford, Julie Ann Matson, Katie L. Miller, Courtney Don Mitchell, Jenna Elizabeth Newton, Michael Anthony Pearson, Jule Ann Philibert, Jesse S. Poseley, Shannon Leigh Ramsey, Jennie Lee Riedl, Kathy K. Rumsey, Marcus Santistevan, Lauren Michel Short, Allisha D. Sievers, Darlene Kay Smith-Gianelli, Travis C. Soden, Kiley Michelle South, Kimberly Jo South, Norman Eugene Spidell, Travis Stanek, Suzie C. Tipton, Russell Dean Wade, Weston Lee Weant, Nicole Willis, Jamie A. Winings, John Russell Yetzer, and Tyler Michael Zamora. Motion by Ireland, second by Rose, to approve the applications and direct the Chair to sign them.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Budget workshops were held for the following departments: Domestic Violence and the Fair.

Northwest Paramedics, Inc. appeared at the meeting at 4:40 p.m. and gave Clerk Best their proposal for the Ambulance contract.

Steven Jones, 1080 North 6th East, appeared before the Board to present his resume.

Jo Gridley, Chief Deputy Assessor, appeared before the Board to present the list of taxpayers who will appear before the Board of Equalization for appeals to their assessments on July 8th.

The proposal for ambulance services presented to Clerk Best was discussed. The proposal will be further reviewed by the Board.

Motion by Egusquiza-Stanek, second by Ireland to adjourn the meeting.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

/S/MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk