COMMISSIONERS MINUTES
AUGUST 23, 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 Rose, to approve the expenses as submitted.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, to approve the minutes of August 2nd and
August 9th, 2004. There was discussion, amended motion by Ireland, second by
Rose, to approve the minutes of August 2nd and August 9th with one addition.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Tax Cancellations were reviewed. No. 712 for Ralph and Thelma Barnes $73.34 and
No. 713 for Service Pro Automotive $132.40 for a total of $205.74. Motion by
Rose, second by Ireland to approve the tax cancellations and direct the Chair to
sign them.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Alan Sobtzak appeared before the Board to discuss the area of Mountain Home City
Impact. The boundaries of the impact areas were discussed at length. The Board
agreed with Mr. Sobtzak that to square the boundaries off was a good idea
because the map would be so much more easier to work with. The City of Mountain
Home will be contacted to be certain they agree with the boundaries as they are
now drawn.
A public hearing on a request to change Division Street to SW Lillicotch Road
was discussed. Motion by Ireland, second by Rose, to set a public hearing on the
matter for the issue on September 27, 2004 at 4:00 p.m.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A request from the Mountain Home School District to extend the deadline of the
L-2 form from September 9th to September 13th was brought to the Board by Clerk
Best, who encouraged the Board to approve the extension. Motion by Rose, second
by Ireland, to approve the extension of time for Mountain Home School District
#193 to submit their L-2 to the Clerk.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The elected officials and department heads met with the Board for their regular
monthly meeting. Clerk Gail Best stated she had spent the past week at the
Clerk’s Conference in Rexburg and had learned many new things. Clerk Best also
reported that there will be a change in the reimbursement rate for inmates
medical bills and the involuntary mental holds - the rate will be the medicaid
rate unless there is a contract in place between the facility and the county.
Clerk Best stated a training session will be held later in the week to train
people how to calculate the rate.
Commissioner Rose stated he was extremely concerned about the transfer of
reserves needed to meet the 2005 budget. Commissioner Rose stated the County is
going to have to begin finding additional revenue and methods of decreasing
spending immediately in order to finance the 2006 budget.
Jo Gridley, Chief Deputy Assessor, stated she was at the meeting in place of
Assessor, Jim Haydon, because he was at a conference in Idaho Falls. Ms. Gridley
reported that only one taxpayer was appealing to the State Tax Appeals Board -
but she felt comfortable that the local office had handled the assessment
fairly. Jo also stated that Duane Priest would be coming in on the 24th and 25th
to do some training on mapping with Debbie Miller in their office.
Teri Lasuen, Chief Deputy Treasurer, stated the Treasurer’s office had sent out
letters on the 2001 delinquency accounts. There were 118 letters for 158
parcels, and already some of the taxpayers have been coming in and paying the
accounts. Commissioner Ireland asked Teri whether the Board could accept a bid
for less than the taxes plus costs at the tax deed sale? Teri replied that they
could, if that was all they could get.
Rick Layher, Sheriff, asked what the progress was on the Atlanta Gold Mining
Project, and when it might start? Rick also added that the Atlanta Road was
washed out once again. The Board stated that there is no news on the Atlanta
Gold Mining Project, but they felt if would take a long period of time for
operations to begin due to getting the comment periods completed, dealing with
problems in the infrastructure and various public hearings that would be
necessary. Sheriff Layher also stated it appeared there would be about
twenty-seven old trailers coming up for distraint warrants that would have to be
dealt with.
Chairperson Egusquiza recognized Mayor Joe McNeal and the City Clerk in the
audience.
Dan Collins, Plant Facility Manger stated he has a new employee starting today,
Rudy Martinez. Commissioner Ireland asked where he was with the new recording
equipment for the Commissioner’s Room? Dan stated he will check on just where
the delay was.
Bonnie Sharp, representing the Growth and Development Department stated that
among the daily problems they were seeing were issues with E-911 and the dairy
issues. Bonnie stated that Mayor Joe McNeal had appointed the City Building
Inspector, Mike McCain, to help coordinate addressing in some areas as she had
requested the City’s help. Commissioner Ireland inquired how the project was
coming along and Bonnie stated that she had thought they would be done by
January 1, 2005 but now that date is several months behind because of the City’s
delay on the addressing. The Board asked Ms. Sharp to check on the status of
Rocky Mountain Land and Cattle after the public hearing was held in King Hill.
Mir Seyedbagheri, County Agent, gave the Board his monthly written activity
report. One very notable item on the report was that five different
alfalfa/grass fields have been certified this year for noxious free fields.
Commissioner Rose stated that is a significant increase in number of noxious
free fields. Commissioner Egusquiza asked about how the Mormon Cricketts were
coming along? Mir stated that they have been giving out a lot of bait and he
feels they are 94-96% contained in the non Federal Forest Service areas, he is
unable to treat federal land.
Tom Gibbon, Chief of Security, stated he had nothing to report.
Ted Knudson, of Juvenile Probation, gave the Board his written activity report
for July. The Board discussed some of the figures with Ted. Ted stated that he
had received verbal confirmation that his department got a partial grant for
$16,000.00 that will help with counseling expenses.
Prosecutor Bazzoli joined the meeting.
Mark Simons, along with Bret and Laurie Silver appeared before the Board to
discuss the garbage hauling contract. Bret Silver stated he and Laurie are
buying the garbage contract from Mark, the business will be call Snake River
Rubbage. Mr. Silver stated that they will be running the trucks and doing the
hauling and bookkeeping and Mark will be the consulting partner. Laurie Silver
gave an example of their trip log, a count of how many dumpsters are County
owned and how many Mark owns, a suggested pick-up schedule and also their own
personal resumes to the Board for review. Mr. and Mrs. Silver stated they would
like to set a monthly report time to meet with the Board and 11:30 a.m. the 4th
Monday of each month was scheduled.
Motion by Rose, second by Ireland, to adjourn for the tax deed sale of property
and lunch.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
At 2:00 p.m. the Commissioners met in Executive Session pursuant to I.C.
67-2345(d) on a motion by Egusquiza, second by Ireland. The Commissioners met
with Indigent Director Marianne Bate.
The following decisions were made:
K-07-04-05 Motion by Rose, second by Ireland, to deny as incomplete and not last
resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-06 Motion by Rose, second by Egusquiza, to deny for reasons stated.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-07 Motion by Ireland, second by Egusquiza, to deny for all reasons.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-08 Motion by Rose, second by Ireland, to deny as not indigent,
incomplete, and not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-09 Motion by Egusquiza, second by Rose, to deny for reasons stated.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-10 Motion by Egusquiza, second by Ireland, to deny as not indigent.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-03-04-06 Motion by Rose, second by Ireland, to deny as not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-07 Motion by Ireland, second by Egusquiza, to continue to September 13,
2004 at 2:15 p.m.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Certificates of Residency were read into the record by Commissioner Ireland:
Neal R. Liace, Ashley Kay Novinger, Tell K. Riley, Call Ray Robinson, Jinjue P.
Serre, Katie Anne Shenk, Kevin Scott Shenk, Travis C. Soden, Jennifer Nichole
Sprain, Jeannie Rose Zarych, Willow Dawn Fekete, Alison Dalton Harker Frazier,
Johnny Garcia, Michael E. Hedrick, Jeffrey Joel Hernandez, Audry Dale Carl,
Shana Nichole Fagan and Jean Paul E. Archaubeault. Motion by Rose to approve the
Certificates of Residency, second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Leslyn Phelps of the Glenns Ferry Health Care Center and Robin Brady of Hepworth
Law Office in Twin Falls, Idaho, appeared before the Board. Ms. Phelps explained
a handout she gave to the Commissioners. It was a payor mix for CY2001, CY2002,
and CY 2003 breaking down Medicaid, Medicare, Private and uninsured.
Ms. Phelps stated she would now like to address her other reason for appearing
today, which is to discuss the easement issue. Ms. Phelps stated they would like
to grant us an easement, but rather than the 20 foot easement the County now
feels they have they would grant the County an easement of 8-10 feet for utility
purposes, at no cost to the County with the exception of the costs incurred in
putting in the actual utilities after the bond passes. There was general
discussion on the issue and the Board determined they would like to see a
written agreement with everything specifically spelled out - and would not
accept anything less than a 10 foot easement. There would also have to be
language granting reasonable access during any construction periods. Ms. Phelps
and her attorney stated they would get an agreement to the County.
Chairperson Egusquiza read the Extension on Resolution 333-04 into the record:
DECLARATION OF DISASTER
RESOLUTION NO. 333-04 (EXTENTION)
WHEREAS, The Elmore County Board of Commissioners, pursuant to Idaho Code
Section 46-1011, has the authority to declare a state of local disaster
emergency regarding Elmore County, Idaho; and
WHEREAS, On June 29th, 2004, heavy rain caused several mud slides on the Middle
Fork of the Boise River Road between the Queens River and Weatherby Air Strip of
which two major slides have crossed the Middle Fork of the Boise River and the
Middle Fork Road, (at Lake Creek and Steel Creek), leading to Atlanta, Idaho;
and
WHEREAS, The mud slides blocked the river and the road which at this time is
causing the washing away of some of the road bed for the Middle Fork Road; and
WHEREAS, The road bed in the area of the slides will need to be raised from
three to five feet to finalize the rebuilding of the Middle Fork Road; and
WHEREAS, The Middle Fork Road is the primary road into Atlanta, Idaho. The
residents of Atlanta are currently using the James Creek Road; however the James
Creek Road is very steep and narrow, limiting the size of vehicle that can
travel on it, and it is not open during the winter months. With the road
condition it is a threat to public service emergency services response is
severely limited; and
WHEREAS, The Elmore County Board of Commissioners request that the Governor of
the State of Idaho, together with other appropriate state officials, together
with other appropriate federal officials, make such declarations, and provide
such assistance within Elmore County as are required and allowed by law.
NOW, THEREFORE, BE IT RESOLVED That Elmore County Board of Commissioners does
hereby declare, pursuant to Idaho Code Section 46-1011, a local disaster
emergency to exist in Elmore County, Idaho; and
BE IT FURTHER RESOLVED, That the Governor of the State of Idaho be advised of
this local disaster emergency and is requested to take all action available for
him for the amelioration of the above-described local disaster emergency; and
BE IT FURTHER RESOLVED, That the Elmore County Recorder be directed to properly
file this Resolution pursuant to Idaho Code Section 46-1011.
EXTENTION
WHEREAS, On August 17th, 2004 a second heavy rain storm has caused mud slides on
the Middle Fork Road going to Atlanta. Two major mud slides have occurred, one
at Steel Creek and the other at Lake Creek, and
WHEREAS, the mud slides have caused approximately 300 feet to wash out at Steel
Creek, with approximately 900 feet of roadway under 18 inches of silt, and also
at Lake Creek approximately 200 feet of road washed out and 300 feet under 16 to
18 inches of silt.
WHEREAS, The Elmore County Board of Commissioners request that the Governor of
the State of Idaho, together with other appropriate state officials, together
with other appropriate federal officials, make such declarations, and provide
such assistance within Elmore County as are required and allowed by law.
NOW, THEREFORE, BE IT RESOLVED That Elmore County Board of Commissioners does
hereby declare, pursuant to Idaho Code Section 46-1011, a local disaster
emergency to exist in Elmore County, Idaho; and
BE IT FURTHER RESOLVED, That the Governor of the State of Idaho be advised of
this local disaster emergency and is requested to take all action available for
him for the amelioration of the above-described local disaster emergency; and
BE IT FURTHER RESOLVED, That the Elmore County Recorder be directed to properly
file this Resolution pursuant to Idaho Code Section 46-1011.
ADOPTED THIS 23RD DAY OF AUGUST, 2004
ELMORE COUNTY RECORDER
/S/ MARY EGUSQUIZA, Chairperson
/S/ CALVIN IRELAND, Commissioner
/S/ LARRY E. ROSE, Commissioner
ATTEST: GAIL L. BEST, Clerk
Motion by Egusquiza, second by Ireland to accept, approve and sign the Extension
on Resolution 333-04 as read.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed by the Board.
At 4:00 p.m. a public hearing was held. The purpose of the public hearing was to
hear testimony from Ferenc and Gizelle Edes for a Zoning Designation Change in
Commercial and Light Industrial Zone to all Commercial. The site is located in
the West Half of the Southeast Quarter of Section 28, Township 3 South, Range 6
East. A more common means of locating the site is from the Intersection of
Airbase Road and Highway 51 (Bruneau Road) proceed west on Airbase Road
approximately 1.5 miles, property is located on the north side.
Present at the hearing were all three Commissioners, the Clerk and the
Prosecutor. Carol Dalton, 511 West 3rd North, Mountain Home, asked if she might
ask a question, since she owned adjoining property? Ms. Dalton wanted
clarification on whether the zoning designation change would affect the
adjoining property owners. Commissioner Ireland stated that it would only affect
the Edes property and would give them more options on commercial business. Ms.
Dalton stated that satisfactorily answered her question and she did not wish to
testify.
There was discussion by the Board because there was no citizens present to
testify. Clerk Best established that there were two publications and also some
notices were sent to surrounding property owners. Chairperson Egusquiza closed
the hearing. Motion by Ireland to accept the change of zoning for the Edes
property from Light Industrial and Commercial to Commercial, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Sheriff Rick Layher appeared during the public portion of the meeting. Sheriff
Layher stated he is going to need another deputy in the hills and feels since
the position is unique-basically on call for 24 hours a day he feels the only
way to get a deputy to live up there is to supplement his living expenses.
Robbin Ellis, who presently is a Pine deputy and his wife Debbie testified that
you are really never off duty if you are there, so it is a unique position. The
winters also can be quite challenging for snow removal and having your vehicle
ready to go at all times. Groceries and gasoline are limited and expensive and
the school is only K-8 and if there is not at least five students, they must
travel to Mountain Home for school. All of these make the position not
particularly attractive to the Sheriff’s deputies and limits who would hire on
new. Sheriff Layher stated he doesn’t feel an inexperienced deputy is really
right for the position either, because a lot of the events that occur there take
someone with experience to handle it, particularly by themselves. Sheriff Layher
stated the only way to get someone to take the Pine position, which also covers
Prairie and Atlanta, is to offer added compensation for living expenses. Clerk
Best stated the added compensation also must be taxable. The Board stated they
would take the matter under consideration.
Karl and Carrie Vogt of Northwest Paramedics, Inc., appeared before the Board to
discuss ambulance issues. Mr. Vogt stated he and Prosecutor Bazzoli have been
working together on the contract language, which should be completed soon. Mr.
Vogt gave the Board a copy of an agreement between the Elmore County
Commissioners and NPA to provide billing for the rural ambulance units. Various
topics were discussed including setting a meeting with the hospital board to
discuss non-emergency transports, supplies for the rural ambulance units, and
the formation of an ambulance district which Mr. Vogt said he would be glad to
help with. Commissioner Egusquiza stated she would call the Hospital Board Chair
to set up a meeting and let Mr. Vogt know when it is scheduled.
Bonnie Sharp of the Growth and Development Department brought the Board a copy
of the map of the Mountain Home City Impact area. Ms. Sharp also reported that
the next meeting regarding the Brown Dairy would be on September 1, 2004 at 7:00
p.m. and that another meeting has been scheduled to hear responses from the
attorneys in the Rocky Mountain Land & Cattle matter on October 6, 2004.
Jim Carrie, 1365 South 18th East, Mountain Home, appeared before the Board
during the public portion of the agenda to discuss his recent experiences with
the Planning and Zoning Commission. Mr. Carrie stated he has met with the
Planning and Zoning Commission twice now to get approval of a preliminary plat
in the area of impact and still does not have an approval. Mr. Carrie added that
he felt the Commission’s actions are not professional and also feels they simply
have a bad attitude. Mr. Carrie stated the only member that seemed to have
prepared for the meeting and knew what they were doing was Courtney Hiler, and
he thought the Chairman was not doing his job properly. Mr. Carrie stated he
feels that the Commission did not mean to ever approve his preliminary plat,
which he has worked extremely hard to do. Mr. Carrie stated he would like to
speak about the CAFO Ordinance to the Board but he would save that for another
time.
The Title III Craig Wyden funds were discussed by the Board. The Board reviewed
requests received for use of the funds for reimbursement of services and
equipment on Forest Service land. Intermountain Communications will receive
$47,818.00 for repeaters on Iron Mountain and Grape Mountain, Search & Rescue
will receive $7,850.00 for a snowmobile, Mountain Home Extrication will receive
$10,750.00 for training reimbursement and extrication equipment fore the Prairie
Quick Response Unit, Search & Rescue will receive $2,367.30 for a camera and
photo printer and litter equipment and Waterways will receive $645.00 for
emergency medical equipment. The remaining $12,112.45 will be put into the Craig
Wyden Trust account for use later.
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
