COMMISSIONER MINUTES
AUGUST 31, 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.
Present at the meeting were Chairperson Mary Egusquiza, Commissioners Larry Rose
and Calvin Ireland. Also present were Clerk Gail Best, Sheriff Rick Layher, Bud
Way, Public Finance Adviser from Wells Fargo Bank and Russell B. Moorhead of
Lombard-Conrad Architects.
The purpose of the special session was to meet to discuss the Jail Bond Election
Resolution 340-04 and to sign the document.
The Board reviewed the document as Clerk Best gave a brief overview of some
previous concerns she had with the document the previous week. Clerk Best stated
she had inquired about the language “construction of jail and associated law
enforcement facilities” to see just what the associated law enforcement
facilities consisted of to be certain that the public did not misconstrue the
terminology to mean Sheriff’s Office. The Bond Counsel, Dennis Gibala of
Skinner-Fawcett had clarified the term to mean dispatch, kitchen, laundry, etc.
Bud Way asked what type of ballot was used in Elmore County, and Clerk Best
stated that Elmore County used a fourteen inch ballot which was optically
scanned. Mr. Way stated, if the election was successful, the bonds would
probably be sold in December and January. Mr. Way added that if the bonds were
being sold today, they would be selling at below the rate stated in the
resolution. Mr. Way said this is the best estimate of rates and had been done
very conservatively, and he feels we are on solid ground.
The bond amount was discussed. A conference call was placed to Skinner-Fawcett
and the wording of the bond amount was changed to “up to 7.5 million”.
There was discussion with Russ Moorhead about the utility easement into the
property and some of the costs involved with that part of the project. The Board
asked Mr. Moorhead to be involved with them in the language of the easement
agreement between the Glenns Ferry Health Center and the County, along with
Prosecutor Bazzoli.
Chairperson Egusquiza read the heading of the proposed resolution into the
record:
RESOLUTION NO. 340-04
A RESOLUTION CALLING A SPECIAL GENERAL ELECTION OBLIGATION BOND ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF ELMORE COUNTY, DIAHO, THE
PROPOSITION OF THE ISSUANCE OF UP TO $7,500,000 GENERAL OBLIGATION BONDS OF THE
COUNTY; ESTABLISHING AN OFFICIAL BALLOT; CALLING FOR THE DISTRIBUTION OF BALLOTS
AND FOR PUBLICATION OF A NOTICE OF ELECTION AND RELATED ELECTION MATTERS;
PROVIDING THE LANGUAGE FOR THE PUBLIC NOTICE; PROVIDING FOR THE ISSUANCE OF
BONDS UPON THE SUCCESSFUL PASSAGE OF THE ISSUE BY THE VOTERS; CALLING FOR A
SPECIAL PUBLIC MEETING AFTER THE ELECTION TO CANVASS THE RESULTS; CALLING FOR
THE LEVY OF A TAX TO PAY SUCH BONDS; AND PROVIDING FOR EFFECTIVE DATE.
Motion by Ireland, second by Egusquiza to adopt, approve and sign Resolution
340-04.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
RESOLUTION NO. 340-04
A RESOLUTION CALLING A SPECIAL GENERAL OBLIGATION BOND ELECTION FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED ELECTORS OF ELMORE COUNTY, IDAHO THE PROPOSITION
OF THE ISSUANCE OF UP TO $7,500,000 GENERAL OBLIGATING BONDS OF THE COUNTY;
ESTABLISHING AN OFFICIAL BALLOT; CALLING FOR THE DISTRIBUTION OF BALLOTS AND FOR
PUBLICATION OF A NOTICE OF ELECTION AND RELATED ELECTION MATTERS; PROVIDING THE
LANGUAGE FOR THE PUBLIC NOTICE; PROVIDING FOR THE ISSUANCE OF BONDS UPON THE
SUCCESSFUL PASSAGE OF THE ISSUE BY THE VOTERS; CALLING FOR A SPECIAL PUBLIC
MEETING AFTER THE ELECTION TO CANVASS THE RESULTS; CALLING FOR THE LEVY OF A TAX
TO PAY SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the acquisition, improvement and equipment of lands and buildings for
Elmore County, Idaho (the “County”), said facilities to include the acquisition
and construction of jail and associated law enforcement facilities, and other
related improvements, equipment, items and costs incidental thereto
(collectively, the “Project”), are considered by the Board of Commissioners of
the County to be in the public interest and necessary to the health, safety and
well-being of the inhabitants of said County; and
WHEREAS, the County does not have sufficient funds available to pay the cost of
the foregoing Project and has determined it advisable to finance such cost
through the issuance of the bonds of the County pursuant to the provisions of
Chapter 19, Title 31, Idaho Code, as amended, and Chapter 2, Title 57, Idaho
Code, as amended, and in order to do so, the County desires to provide for the
holding of the special bond election required by said provisions; and
NOW, THEREFORE, Be it Resolved by the Board of Commissioners of the County as
follows:
SECTION 1. That the Board of Commissioners of the County (the “Board) hereby
finds that the public interest in and the necessity for the Project demand that
the Project be acquired and constructed; that the Board further finds that the
estimated cost of acquisition, construction and financing of the Project is
$7,500,000; that, therefore, a Special General Obligation Bond Election is
hereby called to be held in the County, on November 2, 2004, for the purpose of
submitting to the qualified electors of said County the proposition set forth in
the form of ballot appearing in Section 3 hereof; and that said special bond is
to be held and conducted in accordance with Title 34, Idaho Code, as amended.
SECTION 2. That the polls at said special bond election shall open and close,
electors shall be qualified, and the special bond election shall be conducted
all in accordance with the provisions of Title 34, Idaho Code, as amended, and
the Clerk of the County is directed to comply with and carry out said
provisions.
SECTION 3. That the ballots and a separate ballot page to be used at said
Special General Obligation Bond Election shall be prepared and distributed by
the Clerk of the County in accordance with Title 34, Idaho Code, as amended, and
any other applicable general election laws and shall be in substantially the
following form:
OFFICIAL BALLOT
SPECIAL GENERAL OBLIGATION BOND ELECTION
ELMORE COUNTY, STATE OF IDAHO
November 2, 2004
QUESTION: Shall Elmore County, State of Idaho, issue and sell its general
obligation bonds in an amount of up to $7,500.000 payable over a term not to
exceed fifteen (15) years from ad valorem taxes, for the purpose of providing
for the acquisition, construction and improvement of jail and associated law
enforcement facilities, and other related improvements, equipment, items, and
costs incidental thereto, all as more fully provided in Resolution No. 340-04 of
the County adopted August 31, 2004?
( ) YES
IN FAVOR OF ISSUING BONDS UP TO THE AMOUNT OF $7,500,000 FOR THE PURPOSES STATED
ABOVE
( ) NO
AGAINST ISSUING BONDS UP TO THE AMOUNT OF $7,500.000 FOR THE PURPOSES STATED
ABOVE
INSTRUCTIONS TO VOTERS: If the voter desires to vote in favor of issuing the
bonds, the voter shall completely blacken the oval to the left of the words
“YES, IN FAVOR OF ISSUING BONDS UP TO THE AMOUNT OF $7,500,000 FOR THE PURPOSES
STATED ABOVE”. If the voter desires to vote against issuing the bonds, the voter
shall completely blacken the oval to the left of the words “NO, AGAINST ISSUING
BONDS UP TO THE AMOUNT OF $7,500,000 FOR THE PURPOSES STATED ABOVE”. The voter
shall use only the marking device provided. All marks otherwise made are
forbidden. DO NOT CROSS OUT - If you change your mind, tear, or make a mistake
on this ballot, exchange your ballot for a new one. AFTER VOTING - Return your
marked ballot to the election officials at your polling place as instructed.
The following information is provided in accordance with Section 34-440, Idaho
Code:
The total existing general obligation indebtedness, including interest accrued
as of November 2, 2004, of Elmore County, State of Idaho, is $-0-. The interest
rate anticipated on the proposed general obligation bonds is three and 95/100
percent (3.95%). The range of anticipated rates is from two and one-half percent
(2.50%) to five and one-half percent (5.50%). The total amount to be repaid over
the life of the proposed general obligation bonds, based on the anticipated
interest rate, is $10,099,790.
(End of Form of Official Ballot)
SECTION 4. That the ballot proposition and question to be voted upon at the
Special General Obligation Bond Election shall be separate from any other
measure or candidates being voted upon at any other election being held
simultaneously or conducted in conjunction with the Special General Obligation
Bond Election. Only those qualified County electors casting valid ballots upon
the bond proposition and question set forth in Section 3 of this Resolution
shall be counted in determining the number of qualified electors voting at or
participating in the special bond election.
SECTION 5. That the County hereby determines and will verify prior to the
special bond election that the outstanding amount, including accrued interest as
of November 2, 2004, of any prior general obligation bonds and other comparable
obligations or liabilities of the County is $-0-.
SECTION 6. That ballots shall be provided by the County to each election board
to be furnished by them to the voters. Two (2) or more judges and the number of
clerks deemed necessary shall serve as the election board for each polling place
and shall be appointed by the County Clerk from among persons who are qualified
electors in the County as provided in Section 34-303, Idaho Code, as amended.
SECTION 7. That notice of said Special General Obligation Bond Election shall be
given by publication of the notice of election as provided in Section 34-602 and
Section 60-106, Idaho Code,
as amended, at least twice prior to the election, the first being at least
twelve (12) days prior to the date of the election and the second not later than
five (5) days prior to the date of the election. Said notice shall be in
substantially the following form:
NOTICE OF SPECIAL GENERAL OBLIGATION BOND ELECTION
Pursuant to the laws of the State of Idaho and the Resolution adopted on August
31, 2004, of Elmore County, Idaho, notice is hereby given that a special general
obligation bond election will be held in the County on Tuesday, November 2,
2004, beginning at the hour of 8:00 o’clock a.m. and closing at the hour of 8:00
o’clock p.m. on said date, for the purpose of taking a vote upon the following
question, to-wit:
QUESTION: Shall Elmore County, State of Idaho, issue and sell its general
obligation bonds in an amount of up to $7,500,000 payable over a term not to
exceed fifteen (15) years from ad valorem taxes, for the purpose of providing
for the acquisition for the acquisition, construction and improvement of jail
and associated law enforcement facilities, and other related improvements,
equipment, items and costs incidental thereto, all as more fully provided in
Resolution No. 340-04 of the County adopted August 31, 2004?
Said special bond election shall be held at the following polling places:
Precinct Location/Address
Mountain Home #1 National Defense Veteran’s Fund Bingo Hall
3265 Airbase Road, Mountain Home, ID
Mountain Home #2 Senior Citizen’s Center
1000 North 3rd East, Mountain Home, ID
Mountain Home #3 Senior Citizen’s Center
1000 North 3rd East, Mountain Home, ID
Mountain Home #4 Church of Jesus Christ of Latter-Day Saints, Gymnasium
1150 North 8th East, Mountain Home, ID
Mountain Home #5 First Southern Baptist Church
1400 North 3rd East, Mountain Home, ID
Mountain Home #6 First Congregational Church
515 E. 15th North, Mountain Home, ID
Mountain Home #7 Church of Jesus Christ of Latter-Day Saints, Gymnasium
1150 North 8th East, Mountain Home, ID
Mountain Home #8 Nazarene Church
950 North 7th East, Mountain Home, ID
Mountain Home #9 First Congregational Church
515 East 15th North, Mountain Home, ID
Atlanta Mail-In Ballot Precinct
Absentee voting available in the Elmore County Courthouse
Chattin Flats George Bennett Residence
Highway Past Simplot Feed Lot
Turn on 1st Gravel Road to Right/2nd House
Glenns Ferry Glenns Ferry City Hall
204 East 2nd Avenue, Glenns Ferry, ID
Hammett Hammett Community Church
9223 W. Church Street, Hammett, ID
King Hill King Hill Presbyterian Church
5391 East Main, King Hill, ID
Mayfield Erin Lord Residence
Mayfield Exit #71 on I-84 near Boise Stage Stop, go
5 miles, staying left at all intersections, green and white house on left
Pine South Fork Boise River Senior Center
309 N. Pine-Featherville Road, Pine, ID
Prairie Community Hall
Prairie Road, Prairie, ID
Absentee Voting is Available If there are any questions, please contact the
Elmore County Election Department at: 587-2130 Ext. 206 or elections@elmorecounty.org
On April 28, 2004, and August 31, 2004, the Board of Commissioners of the County
adopted its Resolution No. 331-04 and Resolution No. 340-04, respectively, which
together resolved to call for a vote on the above question to authorize bonded
indebtedness of up to $7,500,000 to finance the acquisition and construction of
jail and associated law enforcement facilities referenced in the above stated
question, and found and determined that the costs of the acquisition,
construction and financing of the said facilities are estimated to be
$7,500,000.
Notice is further given that only qualified electors of said County, eighteen
(18) years of age or older, who have resided in the County for thirty (30) days
or more, are eligible to vote. Pursuant to Title 34, Chapter 4, Idaho Code, as
amended, any person desiring to vote may register with the Clerk of the County
not less than twenty-five (25) days preceding the date of the election. An
individual who is eligible to vote may also register on election day by
appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration card, making an
oath in the form prescribed and providing proof of residence as called for under
Section 34-408A, Idaho Code.
Absentee voting will be permitted for the above-described special bond election
in the manner prescribed by law. Any qualified elector of the County may make
written application to the County Clerk in accordance with law for an absentee
ballot; provided that an absentee ballot must be returned to and received by the
Clerk of the County by 8:00 o’clock p.m. on the day of the special bond election
in order to be counted.
The voting at said special bond election shall be by ballot on a separate ballot
page. The ballots and separate ballot page to be supplied the voters for their
use at said special bond election shall be in substantially the form set forth
in Resolution No. 340-04 of the County adopted August 31, 2004. The ballot
proposition and question to be voted upon at the Special General Obligation Bond
Election shall be separate from any other measures or candidates being voted
upon at any other election being held simultaneously or conducted in conjunction
with the Special General Obligation Bond Election. Only those qualified County
electors casting valid ballots upon the bond proposition and question set forth
above shall be counted in determining the number of qualified electors voting at
or participating in the special bond election.
If at said Special General Obligation Bond Election two-thirds (2/3) of the
qualified electors eighteen (18) years of age or older voting at such special
bond election assent to the issuing of said general obligation bonds and the
incurring of the indebtedness thereby created for the purposes stated in the
said election question and Resolution No. 340-04 of the County, such general
obligation bonds shall be issued for such voted purpose in the manner provided
by Title 57, Chapter 2, and Title 31, Chapter 19, Idaho Code, as amended. Said
general obligation bonds, or any issue thereof, shall mature over a period
commencing at the expiration of one (1) year or more from their date and ending
not more than fifteen (15) years from their date and shall bear interest and be
payable from ad valorem taxes in accordance with the provisions of Title 31,
Chapter 19, Idaho Code, as amended, and the Municipal Bond Law, Title 57,
Chapter 2, Idaho Code, as amended.
The following information is provided in accordance with Section 34-440, Idaho
Code:
The total existing general obligation indebtedness, including interest accrued
as of November 2, 2004, of Elmore County, State of Idaho, is $-0-. The interest
rate anticipated on the proposed general
obligation bonds is three and 95/100 percent (3.95%). The range of anticipated
rates is from two and one-half percent (2.50%) to five and one-half percent
(5.50%). The total amount to be repaid over the life of the proposed general
obligation bonds, based on the anticipated interest rate, is $10,099,790.
PUBLIC NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County will
hold a special meeting on November 8, 2004 (said date being within seven (7)
days of the date of said election), at the hour of 9:00 o’clock a.m., at the
regular meeting place of the Board of Commissioners of the County at the Elmore
County Courthouse, Mountain Home, Idaho for the purpose of canvassing the
results of the Special General Obligation Bond Election.
DATED at Mountain Home, Idaho, this 31st day of August, 2004.
_______________________________
ELMORE COUNTY CLERK
(End of form of Notice of Election)
SECTION 8. That if at said special bond election two-thirds (2/3) of the
qualified electors of the County, eighteen (18) years of age or older who have
resided in the County for thirty (30) days or more and who are registered
electors as required by Section 34-404, Idaho Code, voting thereat assent to the
issuance of said bonds, the general obligation bonds of the County shall be
issued as hereinabove provided and shall mature over a period commencing at the
expiration of one (1) year or more from their date and ending not more than
fifteen (15) years from their date and shall bear interest and be payable, in
accordance with the provisions of Title 31, Chapter 19, Idaho Code, as amended,
and the Municipal Bond Law, Title 57, Chapter 2, Idaho Code, as amended, from
the proceeds of ad valorem taxes.
SECTION 9. That the polling places set forth on Exhibit “A” attached hereto have
been and are hereby designated for the precincts specified therein for said
special bond election. There shall be one election board for each polling place.
The County Clerk is hereby directed to provide a means of voting for an
“absentee elector” as required by Title 34, Chapter 10, Idaho Code, as amended,
and to do all such other acts as required by Title 34, Idaho Code, as amended.
SECTION 10. That the Board shall hold a special public meeting on November 8,
2004, a date within seven (7) days following said election, at the hour of 9:00
o’clock a.m. at the regular meeting place of the Board at the Elmore County
Courthouse, Mountain Home, Idaho, for the purpose of canvassing the results of
the Special General Obligation Bond Election, and thereupon the result shall be
entered in the minutes of the Board and proclaimed as final.
SECTION 11. That said general obligation bonds shall be issued if carried as
aforesaid and payment shall be made through the levy of taxes on all taxable
property in the County, beginning with the tax year 2005 and continuing until
principal and interest shall have been fully paid, in such amounts and at such
rates as are necessary to assure the prompt payment of such interest, and also
to establish and to constitute a sinking fund sufficient for the payment of the
principal thereof, and it is hereby ordered that such taxes shall be levied
annually at the time and in the manner that general taxes for said County are
levied in each such year; provided, however, the aforementioned taxes shall
never be diminished prior to payment of all bonds excepting in any year to the
extent that other available funds shall have been applied to or set aside in a
special fund to be irrevocably held for the payment of principal or interest or
both, payable from said taxes for such year. The proper officer or officers of
said County are hereby authorized and directed to do all things requisite and
necessary to carry out the provisions of this section and to apply the proceeds
of the taxes so collected to the payment of such principal and interest.
ADOPTED AND APPROVED this 31st day of August, 2004.
ELMORE COUNTY, STATE OF IDAHO
CHAIRMAN, BOARD OF COMMISSIONERS
COMMISSIONER
COMMISSIONER
ATTEST:
CLERK
EXHIBIT “A”
POLLING PLACES BY PRECINCT
Precinct Location/Address
Mountain Home #1 National Defense Veteran’s Fund Bingo Hall
3265 Airbase Road, Mountain Home, ID
Mountain Home #2 Senior Citizen’s Center
1000 North 3rd East, Mountain Home, ID
Mountain Home #3 Senior Citizen’s Center
1000 North 3rd East, Mountain Home, ID
Mountain Home #4 Church of Jesus Christ of Latter-Day Saints, Gymnasium
1150 North 8th East, Mountain Home, ID
Mountain Home #5 First Southern Baptist Church
1400 North 3rd East, Mountain Home, ID
Mountain Home #6 First Congregational Church
515 E. 15th North, Mountain Home, ID
Mountain Home #7 Church of Jesus Christ of Latter-Day Saints, Gymnasium
1150 North 8th East, Mountain Home, ID
Mountain Home #8 Nazarene Church
950 North 7th East, Mountain Home, ID
Mountain Home #9 First Congregational Church
515 East 15th North, Mountain Home, ID
Atlanta Mail-In Ballot Precinct
Absentee voting available in the Elmore County Courthouse
Chattin Flats George Bennett Residence
Highway Past Simplot Feed Lot
Turn on 1st Gravel Road to Right/2nd House
Glenns Ferry Glenns Ferry City Hall
204 East 2nd Avenue, Glenns Ferry, ID
Hammett Hammett Community Church
9223 W. Church Street, Hammett, ID
King Hill King Hill Presbyterian Church
5391 East Main, King Hill, ID
Mayfield Erin Lord Residence
Mayfield Exit #71 on I-84 near Boise Stage Stop, go 5 miles, staying left at all
intersections, green and white house on left.
Pine South Fork Boise River Senior Center
390 N. Pine-Featherville Road, Pine, ID
Prairie Community Hall
Prairie Road, Prairie ID
Absentee voting is Available If there are any questions, please contact the
Elmore County Election Department at: 587-2130 Ext. 206 or elections@elmorecounty.org
Motion by Ireland, second by Egusquiza to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
