COMMISSIONERS MINUTES                                                             JULY 12, 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 was Clerk Gail Best.

The Board entered into discussion on the contract with Mark Simons and the collection sites and Glenns Ferry Landfill. Present for the discussion were Dennis Charney, Attorney for Mark Simons and Tom Vallard and his Attorney Terry Ratliff.

Commissioner Ireland stated that the Board has now had several meetings regarding this issue and have had about all they can stand on the allegations and responses. Commissioner Ireland also stated that in their packets they have received a five-year report from DEQ on both the Bennett Road Landfill and the Glenns Ferry Landfill. Commissioner Ireland stated the issues, in his mind are as follows:

1. Liability Insurance - The County did not have a copy of the Certificate, but do now
2. Workmen’s Compensation - Whether Mr. Simons has it - they have a definition of what is an independent contractor in their packets, and he thinks Mr. Simon’s help are employees.
3. The contract requires Mr. Simons to meet all federal and state laws and regulations.
4. Trip logs should be maintained and signed by the drivers.
5. Collection sites clean-up, there’s been a lot of discussion on that
6. Frequency of collection - perhaps the Board should re-set the times in the contract.

Chairperson Egusquiza-Stanek stated she had the same items.

1. More dumpsters should be added.
2. The County should see the CDL logs on the heavier truck and get a report quarterly
3. Frequency of pickups at the sites should be reviewed.
4. Mr. Simons should comply with laws and ordinances, County, State and Federal
5. Clean-up of sites should be done
6. More dumpsters should be provided during the recreational season
7. Make certain daily cover is adequate at the Glenns Ferry Landfill.

Commissioner Ireland added the personnel at the landfill should be trained as to cover and litter. There was discussion on how to assure training for Mr. Simons and his personnel. Chairperson Egusquiza-Stanek stated she felt the Board should send a letter to Mr. Simons to say he has complied with most of the items and needs to continue to do so and that he needs to carry Workmen’s Compensation. Motion by Ireland to draft a letter for Mr. Simons to come into compliance, second by Egusquiza-Stanek.
EGUSQUIZA-STANEK - AYE
ROSE - ABSTAIN

IRELAND - AYE Motion carried and so ordered.

Prosecutor Bazzoli joined the meeting.

Dennis Charney stated he felt an operations manual should be given to Mr. Simons on what he is expected to do at the Glenns Ferry Landfill because he has no guidelines. The Board stated they had found a manual but they had given it to Marty Jones of Central District Health and it has not been returned. Mr. Charney asked that the letter being written to Mr. Simons be sent to him and the Board agreed to do that.

Motion by Ireland, second by Rose, to sign the engagement letter approving Richard Skinner of Skinner Fawcett as Bond Counsel for the 2004 Jail Bond.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Dannette O’Donnell of the Growth and Development Department appeared before the Board to discuss some Letters of Information (LOI’s) on the agenda. The first LOI was for property located at Lot 2, Block 2, Tipanuk Farms Subdivision No. 2, the applicant is Jose Barroso. Ms. O’Donnell noted that there was no opposition to the LOI from neighboring property owners. Motion by Ireland, second by Rose, to approve the LOI and to direct the Chair to sign the document.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Two LOI’s for applicant Sid Wing on Sunset Ridge LLC described at Government Lot 4 of Section 6, Township 5 South, Range 7 East, and Government Lot 3 of Section 6, Township 5 South, Range 7 East, respectively, were considered by the Board. There was no opposition by neighboring property owners to either of the LOI’s. Motion by Ireland, second by Egusquiza-Stanek, to approve the two LOI’s for Sid Wing, above described, and direct the Chair to sign the documents with the provision that Mr. Wing adhere to the accesses approved by the Glenns Ferry Highway District and submit documents to be recorded noting the close proximity of this subdivision to an approved dairy or Confined Animal Feeding Operation.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Egusquiza-Stanek, to approve the minutes for June 28 and June 29, 2004 as submitted. There was discussion.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


Motion by Egusquiza-Stanek, second by Ireland, to approve the payroll as submitted, noting that there was a lot of overtime.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Janet Jo Davison appeared before the Board to discuss the expansion of the Prairie collection site. Ms. Davison stated she does not want the site to go in by her property because she has the property up for sale. Ms. Davison stated that the forty acre parcel is being sold as being suitable for recreational home sites and the prospect of having a collection site there would be a detraction for possible buyers. Ms. Davison urged the Board to locate the collection site in a less obtrusive place on the Prairie where it would not be so noticeable. Commissioner Ireland stated he had not realized that she owned the property right there, although they had conversed over the telephone about her objection to that site. Commissioner Ireland stated that the Board had merely been looking for an easily accessible site for the trash to be picked up, particularly when there was snowy conditions.

Commissioner Ireland read a proposed resolution into the record allowing Sunday sale or delivery of alcoholic liquor from state distributing sites.

RESOLUTION NO 334-04

RESOLUTION ALLOWING FOR SUNDAY
SALE OR DELIVERY OF ALCOHOLIC
LIQUOR FROM STATE DISTRIBUTING
SITES

WHEREAS, the Idaho State Legislature has amended Idaho Code Section 23-307 and 308 through SB 1264 to provide for the sale or delivery of any alcoholic liquor in, on or from the premises of and state liquor store or distributing station in a county on any Sunday which does not fall on Christmas Day, and;

WHEREAS, the Board of County Commissioners may by resolution allow for the sale or delivery of any alcoholic liquor in, on or from the premises of any state liquor store or distributing station in the County on any Sunday which does not fall on Christmas Day so long as the resolution remains in effect and;

WHEREAS, allowing Sunday sale or delivery of alcoholic liquor in Elmore County would benefit local merchants and provide increased revenue to the County, and;
WHEREAS, this matter was placed on the Board of County Commissioners agenda for July 12, 2004 and property noticed as the same and public hearing and debate being made before and by the Board of County Commissioners;


NOW THEREFORE, Be it hereby resolved by the Board of County Commissioners of Elmore County, State of Idaho, that the sale or delivery of any alcoholic liquor in, on or from the premises of any state liquor store or distributing station in a county on any Sunday which does not fall on Christmas Day shall be allowed and effective upon the date of the passage of this resolution.

PASSED AND ADOPTED this 12th day of July, 2004.

ELMORE COUNTY BOARD OF COMMISSIONERS
/S/ Mary Egusquiza-Stanek, Chairperson
/S/ Larry Rose, Commissioner
/S/ Calvin Ireland, Commissioner

ATTEST: /S/ Gail L. Best, Clerk of the Courts
Elmore County Board of Commissioners

Motion by Ireland to approve and adopt the resolution, second by Egusquiza-Stanek.
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 by Rose, to approve the expenses except for those in the red dot folder.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza-Stanek, second by Ireland, to approve for the record only the Clerk’s Bail Bond Report, Recorder’s Office Report and Treasurer’s Office Report for May, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Board discussed a decision on Indigent Case K-01-04-13 and K-03-04-11. Motion by Ireland, second by Rose to disapprove payment because the applicant has not made an appearance, has not made an appointment to meet with the Welfare Director and appears not to be an Elmore County resident.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

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 continuation of a reconsideration hearing on K-01-04-09 was held. Present at the hearing were all three Commissioners, the Clerk, the Prosecutor, the Welfare Director and Shelby Frisbee of Mercy Medical and Teresa and Richard West. Testimony was taken and various questions were asked and answered. There being no further business, the Chair closed the hearing. Regular session was resumed. A decision on K-01-04-09 will be made on July 26, 2004.

Chairperson Egusquiza-Stanek read a certificate of residency into the record: Rena D. Kerfoot. Motion by Ireland, second by Rose, to approve and have the Chair sign the certificate of residency.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Elmore County Public Safety Communications Board has suggested, by unanimous vote, a member for their board. Motion by Ireland, second by Rose, to appoint Mr. Thomas J. Ducharme, 1080 NE Sadupa Drive to fill the final vacancy on their board.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Board reviewed a letter of interest from Francis “Frank” Dalton to fill the position of County Service Officer replacing Phil Gridley who is retiring on July 31, 2004. Motion by Rose, second by Ireland to appoint Francis “Frank” Dalton as the Elmore County Veteran’s Service Officer effective August 1, 2004.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Members of the Elmore County Historical Society appeared before the Board to discuss funding issues. Members of the Society present were Robert Rowett, President, Frank Hicks, Vice President, Laurice Bentz, Director and Sheryl Landon, JoAnn Johnson and Mike Taylor. Judge Rowett explained that the members were before the Board to give them an update on various activities and progress they have been involved in doing and to ask the Board for $4,500.00, an increase of $1,500.00 in County funding. Laurice Bentz stated that the museum had 2,700 visitors in the last year, quite an increase. They have been renting the facility out for meetings on occasion, have been giving tours of the building, conducted a walking tour of the town with eighteen participants, and have sponsored many events organized by Friends of the Museum.


One of the largest events is in March when they do the Women’s History Banquet, this past spring was the fourth annual banquet. They also participate in many community events, such as harvest days, crazy days, and other celebrations. Another regular, and very popular event is the first Thursday luncheons, seventy people attended the last luncheon. They will be having their membership drive and pie social in August. There will be a mural on the side of the Dellamore building across the street from the museum. Ms. Bentz stated that museum sales and donations are up since last October when Doris Walters was hired to work as a curator trainee. With Ms. Walters on the job they have been able to extend their hours and offer various items for sale. The museum has had twenty requests for research projects - mostly people wanting to trace family and other histories. Ms. Bentz also acknowledged receiving records from Elmore County which they have been archiving. Mr. Taylor stated they are working on a climate controlled room in which to house the archive records, which will help preserve them.

JoAnn Johnson stated that they have been collecting oral histories from local residents - one of the most recent is Lucille Wilson and Judge Rowett and Frank had just recorded an oral history by Perce Hall. Ms. Johnson said this is wonderful historic information from memories of citizens who recall their earliest memories of Elmore County. Frank Hicks stated it is important to get this information from these people before it is lost because it really preserves local history.

Judge Rowett stated one thing the Society wants to help do is to replace the roof on the Glenns Ferry museum. Judge Rowett explained they had recently made a tour of that facility and it is just a wonderful place with so many interesting exhibits. A new roof would insure that those exhibits would not be damaged. Commissioner Rose stated one reason the roof has not been replaced is because it has asbestos shingles - thick shingles that are very high up - the estimated cost to take the roof down is an additional $8,000.00.

Sheryl Landon stated approximately four years ago, when the committee started, approximately two hundred people going to the museum would have been about average. Ms. Landon said there is really a very significant increase, and they really do need the employee to keep the increase going. The hours of the museum are 10 a.m. to 4 p.m. Monday through Friday and on Saturday from 1 p.m. to 4 p.m. Ms. Landon said having someone there that can keep the facility open really helps - accessibility is the key, part is done by Ms. Walters and some is done by the volunteers.

Clerk Best asked if she could add something to the presentation? Gail stated that in her office people will come in to inquire about historical information from the Courthouse records, and it is nice that they are able to do that research and then go right over to the museum and do further research at that facility. With the close proximity of the buildings, it is a very good situation for a cooperative effort.

Frank Hicks stated that they have also been working with the State of Idaho on the Historic By Pass project, which is a very interesting and worthwhile project. Frank also added that they have been working , not just in Mountain Home, but outreaching to various areas of the County to preserve and promote history. Ms. Bentz stated that the group wants to also work together with Mountain Home Air Force Base to preserve the history and relationship of the base with the area.

Ms. Bentz added that they are finding creative methods to increase their revenue. They have twenty-five orals histories available, calenders, photos, lots of publications, mouse pads, mugs and recipe books. Mike Taylor also does a monthly newsletter. Ms. Landon stated that they are able to do all these things right at the facility and do not have to pay for any of these to be reproduced. In summation, the Society said they appreciated everything the County has done to help them in the past, and they hope that the County might see their way clear to increase their funds to $4,500.00 for fiscal year 2005.

The Board reviewed a communication from Spink Butler regarding a request for mediation under Idaho Code Section 67-6510 in regard to an Elmore County Rezone application and regulatory takings analysis for Weitz & Company, Inc. Prosecutor Bazzoli reviewed the request with the Board and stated the Board did not have to agree to mediation if they did not care to do so. The issue will be handled by the Prosecutor.

Brett Hyatt of Holmstead, Hyatt, Coleman and Mahlke, Certified Public Accountants appeared before the Board with a draft copy of the independent auditor’s report for the year ended September 30, 2003. Mr. Hyatt explained 2003 is the first year to implement the new Gasby 34 governmental accounting system and that it has been quite a challenge. Mr. Hyatt stated he feels it is especially important with a bond issue coming up on the jail, that Gasby 34 be complied with. Mr. Hyatt presented the audit to the Board, reviewing the first few reports with them very carefully and explaining the County was in good financial condition. Clerk Best asked when the final copy will be ready and Mr. Hyatt stated it would be ready in just a few days. The Clerk and the Board were very pleased with the audit. Mr. Hyatt stated he would work with the Clerk to just tie up some loose ends, like the narrative the Clerk submits with the audit.

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

Regular session resumed and Brett Hyatt re-appeared before the Board to clarify transferring money between funds.

On a motion by Egusquiza-Stanek, second by Ireland, the Commissioners went into Executive Session pursuant to I.C. 67-2345(d) with Indigent Director Marianne Bate.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The following decision were made:

K-05-04-07 Motion by Ireland, second by Rose, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-06-04-01 Motion by Rose, second by Ireland, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


K-06-04-07 Motion by Egusquiza-Stanek, second by Ireland, to deny as not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-06-04-04 Motion by Ireland, second by Rose, to approve with a promissory note stating a $50.00 per month payment.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-06-04-09 Motion by Ireland, second by Egusquiza-Stanek, to deny as Medicaid and Chips was approved and the hospital withdrew the application.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-04-04-09 Motion by Rose, second by Egusquiza-Stanek, to deny as not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-03-04-02 Motion by Rose, second by Ireland, to deny surgery request as not medically necessary.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-06-04-02 Motion by Ireland, second by Rose, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-06-04-03 Motion by Egusquiza-Stanek, second by Ireland, to deny for all reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed.

Motion by Egusquiza-Stanek to approve K-01-04-13 and K-03-04-11. Discussion followed and motion was withdrawn. Motion by Egusquiza-Stanek, second by Ireland, to approve K-01-04-09 with a promissory note with the total payment of $50.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE

IRELAND - AYE Motion carried and so ordered.

Jerry Rost, owner of a new funeral home in town, and Marla Spence, Coroner, appeared before the Board. Mr. Rost approached the Commissioners about rotating death calls between the two funeral homes in town. Commissioner Rose stated if the family had a preference, that is where the body should go. Mr. Rost agreed with that statement. Mr. Rost was concerned as Marla Spence works for Summer’s funeral home, and as Coroner for the County, that could be a conflict of interest. The Commissioners discussed with the Prosecutor if there were any codes requiring rotating death calls between funeral homes. The Prosecutor replied no, and that it was an elected position, and the Commissioners stated that the Coroner would make that kind of decision then. Mr. Rost stated in Ada County they rotated the calls between funeral homes on a monthly basis and would request an arrangement similar. The Commissioners stated it would be up to the Coroner regarding a rotation. Providing a vehicle for the Coroner to use was discussed as she now uses one of Summer’s Funeral Home’s vehicles.

Karl and Carrie Vogt and Rob Hickey of Northwest Paramedics appeared to discuss any questions the Board might have on the Ambulance RFP submitted on June 28th. The relationship with Elmore Medical Center was discussed at length. There was general discussion on revenue and expenditures involved in providing ambulance service in Elmore County.

Budget workshops were conducted for the revenue side of the 2005 budget.

Commissioner Rose stated that he would like to discuss, as a previous agenda item, the contract for 2003-2004 with the University of Idaho Educator, Mir Seyedbagheri. There was discussion. Motion by Egusquiza-Stanek, second by Rose to direct the Chair to sign the agreement and destroy the one in the Commissioner’s bucket.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Findings of Fact and Conclusion of Law for the Calmer Johnson appeal hearing was discussed. Chairperson Egusquiza-Stanek stated her notes were at home, and she wanted to review those before taking any action. Commissioner Ireland stated they could vote, contingent upon her review of her notes. Motion by Ireland, second by Rose, to approve the Findings of Fact and Conclusions of Law for the Calmer and Enide Johnson Conditional Use Permit, contingent upon the Chair reviewing her notes of the hearing.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

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