COMMISSIONERS MINUTES
SEPTEMBER 13, 2004
The Elmore County Commissioners met on the above date in regular session 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.
Fred Perez of Idaho Waste Systems, Inc. and Marty Jones of Central District
Health appeared before the Board to discuss various issues. Mr. Perez gave the
Board July and August tonnage reports for Bennett Road. The pilot program for
tire processing was discussed and Fred stated that if all the testing goes well
he would like to have the Board members come out to the site on October 5th to
see the process working and meet with the Commissioners from Hawaii who would be
there as well. Fred stated he would let them know an exact time closer to
October 5th. Mr. Perez stated all is going extremely well at Idaho Waste
Systems.
Marty Jones talked to the Board about the 3-5 year audit by DEQ. Marty suggested
the Board might want to consider whether they still want to call the Bennett
Road Landfill a landfill. Having a closure plan for the Bennett Road facility
was discussed. Making certain that official closure documents were done on sites
that have been closed was discussed.
Mark Simons and Marty Jones then appeared before the Board to discuss a recent
follow-up site visit to the Glenns Ferry Landfill and present the Board with
written findings. The visit was made on September 10, 2004 present were Mark
Simons, who operates the Glenns Ferry Landfill, and Marty Jones and Mike Reno of
Central District Health. The follow-up visit was conducted to see the progress
on comments made by the DEQ on both the Glenns Ferry site and the Bennett Road
site. Mr. Jones reviewed each of the items on the report with the Board. Mr.
Jones stated that item #4 should be done by a professional third party the next
time a financial assurance is sent to DEQ. Mr. Jones stated that he will go back
to the Glenns Ferry site on September 24th to continue to monitor the progress
being made there.
Prosecutor Bazzoli joined the meeting.
Doug Belt, 1690 Castleway, Mountain Home, appeared before the Board to ask for
support in the form of a letter for funds from the Kroc Foundation to build a
facility in Mountain Home. Mr. Belt explained that there are 30-70 million
dollars available to be distributed across the United States to build recreation
facilities. Mountain Home will be competing with seven or eight other
communities in this district to receive funds for one facility district-wide.
Mr. Belt stated the Committee would really appreciate the Board’s participation
with a letter.
Donnie LaBelle of the Waterways Department appeared before the Board to discuss
Tier II funds from the Craig-Wyden money. Donnie LaBelle wanted to know why the
Board had turned down all the requests he had made for funding. Donnie said the
most important items he had were the reimbursement for kayaks and the night
vision glasses. The use of those items was discussed in detail. Sheriff Layher
appeared to support Donnie in his request for reconsideration for obtaining
funding. The Board stated they would take the matter under advisement.
Motion by Egusquiza, second by Rose, to adjourn for lunch and a quarterly jail
inspection.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed after lunch and the jail inspection.
Motion by Egusquiza, second by Rose, to approve the expenses. Discussion
followed.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The Elmore County Commissioners met in Executive Session pursuant to I.C.
67-2345(d) on a motion by Egusquiza, second by Ireland to review indigent cases.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The following decisions were made:
K-06-04-01 Motion to deny as not last resource by Ireland, second by Egusquiza.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-08-04-02 Motion by Ireland to deny as paid by the Prosecutor through the court
system, second by Egusquiza.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-08-04-04 Motion to deny by Egusquiza for all reasons, the applicant has not
made an appointment and the application is incomplete, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-08-04-05 Motion by Ireland to deny as not indigent, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A continuation hearing on case K-04-04-10 was held. Present were the three
Commissioners, Teri Kaptein from the Prosecuting Attorney’s Office, and Deputy
Clerk Barb Steele. The applicant was subpoenaed and was not present. A decision
will be made on the case on September 27, 2004.
Regular session resumed.
Motion by Egusquiza, second by Ireland, to approve the payroll for August 2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, to approve the minutes for August 27, 2004,
August 23, 2004 and August 24, 2004. Discussion followed and two minor
corrections were made to the August 23, 2004 minutes.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza, to accept for the record only the
Recorder’s Office Report, the Clerk’s Bail Bond Report, and the Treasurer’s
Office Report.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Discussion followed on the CASA Program. A thank you letter and request for
funds was received from the Family Advocate Program. The Commissioners
instructed Deputy Clerk Steele to write them a letter informing them to submit a
claim form quarterly for payment to the Recorder’s Office. Also to submit a
quarterly report.
A liquor license request from Thai Hut was discussed. Motion by Ireland, second
by Egusquiza, to approve the liquor license for Thai Hut.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza reported she had talked to Al Sobtzak regarding the work
he has been doing on the Area of City Impact. She will tell him to get on the
City Council’s agenda.
Chairperson Egusquiza also reported the cover to the disposal site at the
Atlanta transfer station needs repair. Commissioner Ireland said he would talk
to the County’s Building Inspector, Myron Adamson about it.
Motion by Egusquiza, second by Ireland, to go into Executive Session pursuant to
I.C. 67-2345(d) for a continuation on K-04-04-04.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Present at the hearing were the three Commissioners, Teri Kaptein from the
Prosecutor’s Office, and Deputy Clerk Steele. Also present was the applicant’s
wife, Raven Wilkerson and Tanya Holten from St. Alphonsus Regional Medical
Center. Questions were asked and the Commissioners stated a decision will be
made on September 27, 2004.
Regular session resumed.
Motion by Egusquiza, second by Ireland, to go into Executive Session pursuant to
I.C. 67-2345(d) to hold reconsideration hearings on indigent cases.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A continuation hearing was held on K-01-04-08. Present were the three
Commissioners, Teri Kaptein from the Prosecutor’s Office, and Deputy Clerk Barb
Steele. No representatives from the hospital were present and the applicant was
not present. The Commissioners asked Ms. Kaptein for a recommendation and she
replied a good faith effort has been made and Chairperson Egusquiza stated a
decision would be made at the September 27, 2004 meeting.
A continuation hearing was held on K-01-04-11. Present were the three
Commissioners, Teri Kaptein from the Prosecutor’s Office, and Deputy Clerk Barb
Steele. No representatives from the hospital were present and the applicant was
not present. The applicant did appear earlier in the day and was told to return
at 2:00 p.m. The applicant did not return. A decision will be made at the
September 27, 2004 meeting.
A continuation hearing was held on K-04-04-01. Present were the three
Commissioners, Teri Kaptein from the Prosecutor’s Office, and Deputy Clerk Barb
Steele. No representatives from the hospital were present and the applicant was
not present. A decision will be made at the September 27, 2004 meeting.
A continuation hearing was held on K-04-04-07. Present were the three
Commissioners, Teri Kaptein from the Prosecutor’s Office, and Deputy Clerk Barb
Steele. No representatives from the hospital were present and the applicant was
not present. A decision will be made at the September 27, 2004 meeting.
Regular session resumed.
Chairperson Egusquiza read Resolution 341-04 into the record:
RESOLUTION NO 341-04
County Budget for Fiscal Year 2005
WHEREAS, the Board of County Commissioners for the County of Elmore, being
charged with management of the County Budget under I.C. §31-1601, et-seq, has
reviewed the proposed budget presented by the County Auditor; and
WHEREAS, public hearing was held on September 7, 2004 at the hour of 7:00 p.m.,
pursuant to proper notice published in the Mountain Home News, a newspaper of
general circulation; and
WHEREAS, all changes and modifications have been made by the Board of County
Commissioners pursuant to comment and discussion at the public meeting; and
WHEREAS, the Board of County Commissioners have therefore fixed and determined
that amount of the budget for each office, department, service, agency and/or
institution of the County, separately; and
NOW, THEREFORE, BE IT RESOLVED, that the County Budget for county fiscal year
2005, attached, marked Exhibit “A” and incorporated herein for all purposes, is
hereby adopted this date by the Board of County Commissioners for the County of
Elmore, pursuant to I.C. §31-1605.
DATED this 7th day of September, 2004. SIGNED this 13th day of September, 2004.
ELMORE COUNTY BOARD OF COMMISSIONERS
/s/ Mary Egusquiza, Chairperson
/s/ Larry E. Rose, Commissioner
/s/ Calvin Ireland, Commissioner
ATTEST: /s/ Gail L. Best, Clerk
Elmore County Board of Commissioners
Motion by Egusquiza, second by Larry, to accept and sign Resolution 341-04.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A public hearing was scheduled for October 12, 2004 at 2:00 p.m. to hear
testimony on an appeal received from Rural Telephone Company regarding a
Planning and Zoning Commission decision to deny a conditional use permit and
building permit for a Central Office to be located at 420 N. Lupine Place, Pine,
Idaho 83647, legal description: Lot 1, Block 2, Aspen Acres, Elmore County,
Pine, Idaho.
Certificates of Residency were read into the record: Gilberto Roman Varela,
Anthony Thomas Hall, Richelle N. Heck, Daniel Robert Downen III, Jason Allen
Greenfield, Joseph Donald Bussell, Alden Jon Ridley, and Arnold Wayne Hurley.
Motion by Egusquiza, second by Ireland to approve the Certificates of Residency.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed.
Motion by Ireland, second by Egusquiza, to vote for Fred Tilman, Ada County
Commissioners for District 3 for the Capital Crimes Defense Fund Board Members
and for At-Large - Robert Vasquez, Canyon County Commissioner.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
An applicant from an Indigent hearing held earlier in the day appeared. The
Commissioner’s told him a decision would be made on September 27, 2004.
Deputy Clerk Steele was instructed to notice up a special session at 10:00 a.m.
for September 28, 2004 at the Mountain Home Highway District Shop to determine
future transportation needs and coordinate transportation planning efforts
within Elmore County. And on September 29, 2004 at 11:00 a.m. in Glenns Ferry
for the Water Plant Grand Opening.
Prosecutor Bazzoli brought in a letter addressed to Marla Spence, the Elmore
County Coroner, referencing an Idaho Code regarding working for a funeral home
in her present elected position for the Commissioners to review.
Title III monies were discussed. Donnie Labelle requested funds for night vision
goggles. The Commissioners have already made their decision on the funds for
this year and Deputy Clerk Steele was instructed to tell Mr. Labelle to submit
his request for the next year.
A work session commenced on the public hearing that was held on amending the
Elmore County Zoning and Development Ordinance providing wind power in Ag-A
areas. Discussion followed and it was decided to incorporate Ag-A and Ag-B into
one ordinance. The public hearing that was held was advertised only for Ag-A.
The proposed ordinance will be revised to include both Ag-A and Ag-B and another
public hearing will be held on the revised ordinance.
At the public portion of the meeting, Brett and Lori Silvers of Hagerman, Idaho,
appeared before the board to briefly discuss the garbage collection business
they are currently involved in with Mark Simons. They submitted a log record of
garbage pick up and a claim form.
Motion to adjourn by Egusquiza, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
