COMMISSIONERS MINUTES
AUGUST 9, 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, Commissioners Larry Rose
and Calvin Ireland. Also present was Clerk Gail Best.
Motion by Egusquiza, second by Ireland, to approve the minutes of July 26, 2004.
There was discussion. Amended Motion by Egusquiza, amended second by Ireland to
approve the minutes of July 26, 2004, with a minor change on page five.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to approve the payroll for July in the
amount of $290,927.33.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose to approve the expenses as submitted in the
amount of $257,592.66.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza to approve, for the record only, the
Clerk’s Bail Bond Report, Recorder’s Office Report, and Treasurer’s Office
Report.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Prosecutor Bazzoli joined the meeting.
A certificate of Residency was reviewed. Motion by Ireland, second by Rose to
approve the application and direct the Chair to sign the Certificate of
Residency for Becky Sue Robinson.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The James Martell appeal held on July 26, 2004 was discussed by the Board.
Motion by Ireland, second by Egusquiza that due to lack of any additional
information received, to support the decision made by the Planning and Zoning
Commission, and urge Mr. Martell to resubmit his application to Planning and
Zoning.
EGUSQUIZA - AYE
ROSE - NAY
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Ireland, to pay $100.00 to Dan Chadwick for a
task analysis on the Court/Courthouse security as suggested by Larry Reiner,
Trial Court Administrator.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed.
A letter from Jay Friedley on behalf of Elmore Medical Center regarding paying
taxes under protest was reviewed. Jo Gridley, Chief Deputy Assessor was called
and a copy of a deed was reviewed. Prosecutor Bazzoli will reply to Mr.
Friedly’s letter.
Sheriff Rick Layher and Chief of Security Tom Gibbon appeared before the Board
to discuss special deputy status. The discussion centered around whether the
security employees were special deputies or not, and whether they had arrest
powers off the Elmore County campus proper. The oath of office each signed was
reviewed to see how the oaths were worded. The only person sworn in as a special
deputy was Tom Gibbon who has both an oath for security and an oath for special
deputy. The group assembled decided that security personnel should only be used
on campus and that the special deputies could be used off campus if so directed
by the Sheriff. Commissioner Ireland stated he thought there was always a
special deputy at all Planning and Zoning meetings, and the Sheriff replied they
have not been necessary for quite awhile now, until last week’s meeting. Either
Sheriff deputies or special deputies will be used in meetings off campus
involving planning and zoning and the dairies or confined animal feeding
operations until further notice.
Judy Devol of the Mountain Home News and Connie Cruser, candidate for County
Commissioner, gave the Board eye witness accounts of the meeting in question
since they were both present. Both reported the audience got very agitated and
out of hand and that the meeting had to be adjourned prematurely.
Bud Way of Wells Fargo Financial appeared to answer any questions the Board
might have regarding the jail bond. Mr. Way reviewed several examples of
amortization schedules.
Louise Lisle of King Hill appeared before the Board to see if they had made a
decision on putting dumpsters in the neighborhoods of King Hill rather than only
having the collection site, which is being trashed by people leaving furniture
and white goods all the time. Ms. Lisle said the last time she had come before
the Board they were going to have a meeting to settle the issue. Commissioner
Egusquiza stated that the meeting they had was to discuss the trash issue for
the entire County and, although some decisions were made, dumpsters in King Hill
was not discussed. Commissioner Ireland stated he wondered if dumpsters were
placed in various locations, the situation would worsen, with numerous locations
being trashed instead of just one. Ms. Lisle stated she just felt something
should be done to clean up the problem. The Board told Ms. Lisle that they are
continuing to work on the problem and appreciated her interest and input.
The executive session scheduled by the Prosecutor was cancelled.
The transition in the Growth & Development Department was discussed briefly.
Motion by Rose, second by Ireland, to adjourn for lunch.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
At 1:15 p.m. the Commissioners met in Executive Session pursuant to I.C.
67-2345(d) on a motion by Egusquiza, second by Ireland, with Indigent Director
Marianne Bate. Also present was Deputy Clerk Barb Steele and Deputy Prosecutor
Teri Kaptein.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The following decisions were made:
NM-08-04-01 Motion by Ireland, second by Egusquiza, to approve the cremation
with a promissory note for $750.00.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-02 Motion by Egusquiza, second by Ireland, to deny as not indigent.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-08-04-03 Motion by Egusquiza, second by Rose, to deny as not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-14 Motion by Ireland, second by Rose, to deny as final denial and
applicant is not an Elmore County resident.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Discussion followed on procedures for indigent applications.
Motion by Egusquiza, second by Rose, to continue K-01-04-11, K-01-04-08 and
K-04-04-01 to September 13, 2004 at 2:15 p.m.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Representatives from the Idaho Fish and Game, Al Van Vooren, Regional
Supervisor, and Dave Parrish, Magic Valley Regional Supervisor, appeared before
the Board. The two explained that the regional boundaries split in Mountain Home
and that is why they are both present. They wanted to give the Commissioners an
update on the economics on hunting and fishing in Elmore County. They presented
the Commissioners with a handout titled: Fish and Wildlife Economics: Benefits
to Elmore County. The handout included the overall importance, types of economic
benefits, total expenditures and trip expenditures for Elmore County, big game
hunting and fishing, managing hunting and fishing economics, shifting current
trip spending, attracting new trip spending and maintaining/enhancing the base.
Discussion followed regarding the handout. Also the Sage Grouse has been
petitioned to be added as an endangered species. Fish and Game is doing research
on this and is opposed to it. Coyotes and Wolves were discussed. The County will
continue to be updated with information regarding wolves.
The Commissioners thanked the gentlemen for coming.
Jo Gridley appeared with some maps regarding landfills that the Commissioners
had requested earlier. The Commissioners looked at the aerial maps.
A Comprehensive Plan work session was held. The Board completed their review of
Mr. Duerig’s input at their public hearing, considering each item. The CAFO
Ordinance was reviewed by the Board. Motion by Ireland, second by Rose, to adopt
the 2004 Comprehensive Growth and Development Plan excluding the Mountain Home
Area of Impact as presented in Draft #5 presented April 7, 2004 with a minor
verbage change to page 31.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The Elmore Medical Center Nursing Home Renovation Project ICDBG 03-III-10-PF
request for funds #5 was reviewed. Motion by Ireland, second by Rose to direct
the Chair to sign the request for funds.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Dave Hoagland, 6950 W. 36th South, appeared before the Board stating that he was
there as part of the Elmore County Coalition Against CAFO’s and Dairies.
Chairperson Egusquiza stated, that before this session got started she wanted to
clarify the differences between the Planning and Zoning Commission and the Board
of County Commissioner and their duties, and what point they were responsible
for issues. Commissioner Ireland stated that the Planning and Zoning Commission
act totally independently from the Board of County Commissioners and they make
their own decisions. Commissioner Ireland also explained that the two are often
confused, so much that they will be changing the name to the Planning and Zoning
Council to try and distinguish the difference between the two. Chairperson
Egusquiza added that the meeting today would be for general comment only and
there would be no testimony taken regarding the Brown Dairy because that issue
is not before the Board. Mr. Hoagland stated if that was the case, he really did
not have much to say at this meeting and would turn the time over to others.
Alden Bessey, Division Road, Mountain Home, stated he wanted to talk about the
unprofessional conduct of the Planning and Zoning Commission - at their June
23rd meeting he asked a question about water rights and was laughed at by Ms.
Hiler and he felt she should not have laughed at him. Mr. Bessey added that he
had then asked if the dairy came in would his property values go up or down and
was told by the Commission that his property values would go up. He since then
has done some investigation of his own and found that the value would probably
go down and when he told the Commission that on August 4th they denied telling
him his value would go up. Mr. Bessey stated that they were told there would be
another opportunity to testify and on August 4th the Commission stated they
would only hear testimony on two items. Mr. Bessey also charged that Chairman
Nettleton became hostile to Mrs. Bessey and another woman on the night of August
4th and that also on that night Ms. Hiler laughed at him. In addition, they has
asked to see the nitrate study that they had not seen and Mr. Nettleton to read
it to them and Chairman Nettleton stated he did not have the education to be
able to read it to them.
Deborah Bessey, Division Road, Mountain Home, stated she believes the Board of
Commissioners are the elected officials that appoint the Planning and Zoning
Commission. Ms. Bessey stated she felt the Planning and Zoning Commission acted
unfairly when they took Mr. Brown’s documents but would not accept the signed
petitions they wanted to present at the meeting.
Carl Latona, 7025 W. 36th S., Mountain Home, stated that he had checked the
Commissioner’s minutes and feels they had good ideas but did not put them into
place. Mr. Latona enumerated some of the ideas, and Clerk Best stated those
ideas were presented by K.C. Duerig at a public hearing before the Board and
were entered into the minutes because they were read into the record in their
entirety.
Tracy Laurick, 2345 E. 18th S., Mountain Home stated she was the person that
caused all the problems at the Planning and Zoning meeting and that she would
not apologize for her conduct. Ms. Laurick stated she felt she had every right
to free speech and to protect her property.
Delmar Smith, 265 E. 15th N., Mountain Home, stated that the Board and
Commission need to advertise public hearings more. Mr. Smith stated he does
subscribe to the Mountain Home News but sometimes does not read the legals so he
misses hearing notices. Mr. Smith suggested that the Board see if the City would
advertise hearings on their water bills.
Dick Smith, 2530 Smith Road, Mountain Home, wondered how many dairies have been
approved. The Board replied that six have been permitted, with one in operation
and one in the construction phase.
Barb Raber, 1500 SW Raber Drive, stated she lives near the Ketterling Dairy and
that now she and members of her family are experiencing health problems such as
ear and eye infections. Ms. Raber stated they have never had these types of
health problems in the past and she feels they are having the problems because
of the dairy and pollutants it is putting into the environment. Commissioner
Egusquiza suggested she call Marty Jones at Central District Health to
investigate the matter.
Bill Richey, 2905 E. 42nd S., Mountain Home, stated that he is the military
liaison for the community to Mountain Home Air Force Base and he wanted to go on
record to say that the Elmore County Board of Commissioners always has been
supportive of Mountain Home Air Force Base.
Laura Biggs, 2350 W. 54th S., Mountain Home, stated that she had spoken with
Larry Rose by telephone the night of the hearing on August 4th and he had
replied to all her questions. Ms. Biggs stated that when she had moved to her
home the Browns’ were farming the Brown property and she felt since they were
already farming the property before she moved there she should be tolerant of
the farming activity, but now she has lived there for a long time and she feels
Browns’ should now be tolerant of her and not put in their dairy. Ms. Biggs
asked how it is determined who gets a hearing notice and the Board stated in
this case it was everyone who owns property within a 1-1/2 mile radius. Ms.
Biggs also asked the locations of the permitted dairies.
Beth Duschene, Mountain Home, stated that she is worried about this dairy
effecting the base and feels a dairy is not worth the possibility of base
closure or the effect on citizens’ health.
James Bingham, 409 Chestnut, Mountain Home, appeared before the Board during the
public portion of the meeting. Mr. Bingham stated he would like to bid on
hauling out old trailers. Commissioner Ireland stated that the County has only
hauled out four in the past few years. Mr. Bingham stated that the Sheriff had
indicated to him that as many as thirty coming up that will have to be hauled
away. Mr. Bingham left his number 599-1278 or his message number 587-2729.
Deb Parliman, Geologist with the US Geological Survey in Boise brought maps
showing the townships where she has done ground water studies. Ms. Parliman
stated she has several concerns, the first of which is the water is declining.
Another concern Ms. Parliman has is she has found some unusual results in some
of her studies. In an area where three wells were tested in a location close
together the water tested extremely high in specific conductance and nitrate,
chloride, sulfate, sodium and hardness levels. Ms. Parliman stated she will do
some further work on it in September and report her findings to the Board.
Clerk Best asked the Board if the Budget was ready to go to the paper. Motion by
Egusquiza, second by Rose, to direct the Clerk to publish the proposed budget.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Ireland, to adjourn the meeting.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
