COMMISSIONERS MINUTES
OCTOBER 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 83647.
Present at the meeting were Chairperson Mary Egusquiza and Commissioners Larry
Rose and Calvin Ireland. Also present at the meeting was Clerk Gail Best.
Motion by Egusquiza, second by Ireland, to approve the minutes of September 27,
2004. There was discussion. Amended Motion by Egusquiza, amended second by
Ireland to approve the minutes of September 27, 2004 with one change.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, to approve the payroll for September, 2004 in
the amount of $284,206.82.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to approve the Recorder’s Office Report and
Treasurer’s Office Report for September 2004 as submitted.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to approve the expenses. There was discussion
about several claim forms in the red dot folder. Total expenses $429,292.32.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, to direct the Chair to sign the Idaho
Department of Juvenile Corrections 04-JJ41-03 grant award.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to approve the designated polling places as
submitted by the Elections Office.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
POLLING PLACES
MOUNTAIN HOME #1 - NATIONAL DEFENSE VETERAN’S FUND BINGO HALL
3265 Airbase Road, Left side of Airbase Road going to the Airbase
MOUNTAIN HOME #2 - SENIOR CITIZEN’S CENTER
1000 North 3rd East, Corner of 3rd East and 10th North
MOUNTAIN HOME #3 - SENIOR CITIZEN’S CENTER
1000 North 3rd East, Corner of 3rd East and 10th North
MOUNTAIN HOME #4 - CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
1150 North 8th East, in gymnasium, Corner of 7th East and 12th North
MOUNTAIN HOME #5 - FIRST SOUTHERN BAPTIST CHURCH
1400 North 3rd East, Corner of 3rd East and 14th North
MOUNTAIN HOME #6 - FIRST CONGREGATIONAL CHURCH
515 North 8th East, in gymnasium, Between 3rd East and 6th East on 15th North
MOUNTAIN HOME #7 - CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
1150 North 8th East, in gymnasium, Corner of 7th East and 12th North
MOUNTAIN HOME #8 - NAZARENE CHURCH
950 North 7th East, North on 6th East, Right on Market - 1 Block
MOUNTAIN HOME #9 - FIRST CONGREGATIONAL CHURCH
515 East 15th North, Between 3rd East and 6th East on 15th North
ATLANTA - ATLANTA SCHOOL
54 East Main Street, Atlanta, Idaho 83601 - Mail Precinct Only
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, Turn left from 1st Avenue on Lincoln Street and go North
Two Blocks
HAMMETT - HAMMETT COMMUNITY CHURCH
9223 W. Church Street, Go through Hammett on Hammett Road, Turn Left, One Block
KING HILL - KING HILL PRESBYTERIAN CHURCH
5391 East Main (near the Post Office)
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, Idaho 83647
PRAIRIE - COMMUNITY HALL
On Prairie Road
Motion by Ireland, second by Rose, to direct the Chair to sign the Letter of
Information for Wolfe.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
There was discussion on the request to change the name of Division Road to
Lillicotch Road. Motion by Rose, second by Egusquiza, to deny the request to
change Division Road to Lillicotch Road upon the recommendation of the Street
Naming Committee. There was discussion. Chairperson Egusquiza stated she can’t
see how the Mountain Home Highway District had the authority to authorize Mr.
Lillicotch to be able to name the road when part of Division Road is maintained
by the Glenns Ferry Highway District, rather than the Mountain Home District and
Mr. Lillicotch’s property only has 300 feet of frontage, a small percentage of
the entire road. Chairperson Egusquiza stated that for that reason she agrees
that the name should remain SW Division Road.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza asked if the Board wanted to begin work on the Mountain
Home Area of City Impact Agreement and the Board decided they should postpone it
until later when there was a larger block of time.
Clerk Best asked the Board for permission to hire Phil Miller to do some work on
forming an ambulance district since Prosecutor Bazzoli was so involved in the
current murder trial which would be lasting five weeks. Clerk Best stated timing
was important because the district would have to be formed prior to the first of
the year in order to levy next budget cycle. There was discussion and the Board
stated they also thought the County could use help on some other civil items.
Motion by Rose, second by Ireland, to use the services of Phil Miller as
additional legal counsel for an undetermined length of time.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza read proposed Resolution No. 342-04 into the record and
asked for a roll call vote to pass the resolution.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
RESOLUTION NO 342-04
A RESOLUTION AMENDING THE BUDGET OF VARIOUS DEPARTMENTS OF THE ELMORE COUNTY
GOVERNMENT TO PROVIDE CONTINUED FUNDING AND ADJUST FOR CHANGES IN SPENDING
PRIORITIES.
WHEREAS, The Board of Commissioners of Elmore County have the authority and duty
under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6
of the Idaho Code to provide funding operation of the government of Elmore
County and to account for the expenditure of those funds; and
WHEREAS, The Board considered this adjustment to the County budget during it’s
regular public meeting on October 12, 2004, and the need to amend the County
budget has been satisfactory demonstrated to the Board of Commissioners.
WHEREAS, The Warrant Redemption Fund has a balance of 678.80 in unused funds,
and
WHEREAS, The Nursing Home Grant Fund has a balance of $.28 in unused funds, and
IT IS HEREBY RESOLVED:
1. To shift $678.80 from Line 127-327.00.99.00 of the Warrant Redemption Fund to
100.300.00.001.61 of the Current Expense Fund.
2. To shift $.28 from Line 625-825-00.099.00 of the Nursing Home Grant Fund to
100.300.00.001.61 of the Current Expense Fund.
3. That this resolution shall have effect immediately upon it’s passage.
PASSED, at the regular meeting of the Elmore County Board of Commissioners,
County of Elmore, State of Idaho, held on the 12th day of October, 2004, upon
which roll call was duly taken and said resolution duly passed by a unanimous
vote.
/s/ Mary Egusquiza, Chairperson
/s/ Larry E. Rose, Commissioner
/s/Calvin Ireland, Commissioner
ATTEST: /s/ GAIL L. BEST, Clerk
Chairperson Egusquiza read proposed Resolution No. 343-04 into the record and
asked for a roll call vote to pass the resolution.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
RESOLUTION NO 343-04
A RESOLUTION AMENDING THE BUDGET OF VARIOUS DEPARTMENTS OF THE ELMORE COUNTY
GOVERNMENT TO PROVIDE CONTINUED FUNDING AND ADJUST FOR CHANGES IN SPENDING
PRIORITIES.
WHEREAS, The Board of Commissioners of Elmore County have the authority and duty
under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6
of the Idaho Code to provide funding operation of the government of Elmore
County and to account for the expenditure of those funds; and
WHEREAS, The Board considered this adjustment to the County budget during it’s
regular public meeting on October 12, 2004, and the need to amend the County
budget has been satisfactory demonstrated to the Board of Commissioners.
WHEREAS, Periodically, unbudgeted monies are received from the Federal
Government in the form of federal payments in lieu of taxes (PILT); and
WHEREAS, The Elmore County Ambulance Fund and the Elmore County Justice Fund
will not have sufficient funds to operate in fiscal year 2005,
IT IS HEREBY RESOLVED:
1. That $814,672.00 be shifted from line 138-438-02-099-00 of the PILT Fund,
2. That $140,000.00 be transferred to line 129-329-00.001.61 of the Ambulance
Fund, and
3. That $674,672.00 be transferred to line 190-390-00-001-61 of the Justice
Fund.
4. That this Resolution shall have effect immediately upon its passage.
PASSED, at a regular meeting of the Elmore County Board of County Commissioners,
County of Elmore, State of Idaho, held on the 12th day of October, 2004, upon
which roll call vote was duly taken and said Resolution duly passed by a
unanimous vote.
/s/ Mary Egusquiza, Chairperson
/s/ Larry E. Rose, Commissioner
/s/ Calvin Ireland, Commissioner
ATTEST: /s/ Gail L. Best, Clerk
Marianne Bate, Welfare Director and Merrilee Hiler, Chief Deputy
Auditor/Recorder appeared before the Board, along with Teri Kaptein, Deputy
Prosecutor, to discuss indigent procedures. Clerk Best explained the reason they
were here is to attempt to come up with a smoother procedure for handling
indigent cases coming before the Board. Clerk Best added that Teri Kaptein is
new to handling the cases and the case load is much larger than it has been in
the past, and that a standard procedure has never been formulated and it seemed
it would be helpful to all concerned to do so at this time. Deputy Kaptein
stated that her main problem has been to determine why the Board has denied an
application from what she reads in the file. Deputy Kaptein stated she is
certain everything has been done correctly, but there simply isn’t documentation
in the file to support action taken, and she feels every piece of paper related
to the case needs to be included in the written record. Deputy Kaptein stated it
is vital that we have a copy of the notices we send to the applicants. Ms. Bate
stated that all this information is entered on her computer, but is not placed
in the file. Deputy Kaptein stated that a copy should be made of the notice and
envelope and it should be contained in the file, the file should be as complete
as a court file showing every action taken on that particular case so it reads
like a complete story. It was agreed that all files would be complete with all
the information, despite the fact that the files would end up taking a lot more
storage space. Time lines on reconsideration hearings were discussed and it was
decided that Marianne should have the files to Teri by Tuesday, no later than
Wednesday in the week prior to the hearing.
Motion by Ireland, second by Rose, to direct the Chair to sign BHS Form 424 for
the State Homeland Security Grant Program.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to go into Executive Session pursuant to
Idaho Code 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed. Commissioner Ireland stated that, due to the fact that
he has been signing documents and working on planning and zoning business since
Mark Russell has left the County, he will recuse himself from the discussion and
voting to hire a Growth & Development Director.
Motion by Rose, second by Egusquiza, to offer Bonnie Sharp the position of our
new Planning and Zoning Director with a six month probationary period with the
understanding that her present position may not still be there if the new
position does not work out.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - RECUSE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to work on the Wind Power Ordinance at the
October 25th meeting.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza read a letter from Jean Mullen into the record:
Jean Mullen, P. O. Box 22, Glenns Ferry, Idaho 83623
To Whom it May Concern:
I am writing this letter of intent to express my sincere interest in filling the
position on the Elmore County Fair Board.
I have been a resident in Elmore County for over 30 years. As a citizen, I am
community oriented and have volunteered in several positions for the Elmore
County Fair. My family has supported, promoted and participated in all aspects
of the fair as well.
I feel I have extensive experience, knowledge and an open mind of the counties
vision and plan for the fair grounds, utilization of the property and the county
fair. As a board member it takes good judgement, team effort, and commitment to
the county as a whole. As a board member I would like to contribute to that
working group, it’s goals and the future.
I am interested in serving as a Fair Board member, for the Glenns Ferry area as
a county representative.
Good luck in your selection process.
Thank you,
Best wishes,
Jean Mullen
Mark Simons and Laurie Silver appeared before the Board to discuss solid waste
matters. Increases in expenses to run the hauling business were discussed at
length. Commissioner Rose asked if they could manage with $9,000.00? Mr. Simons
stated that they were hoping for more than that but added if the Board could
extend the contract out for a longer period it would help. A longer contract
period would allow them to plan for purchase of additional equipment, knowing
they could depend on the contract proceeds to help pay for the new equipment.
Commissioner Ireland stated, he personally, felt at the end of the present
contract the Board should go out to bid. Commissioner Rose stated that the Board
doesn’t have to do that since it is a service and does not have to be bid.
Commissioner Ireland stated he is not opposed to a contract for a longer period
of time but thinks the public will chastise the Board if they do not go out to
bid. Motion by Egusquiza to pay $9,000.00, retroactive to October 1, 2004 to
Glenns Ferry Disposal to help cover the additional fuel costs necessary to
operate the trash hauling contract, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to adjourn for lunch.
At 1:15 p.m. the Elmore County Commissioners met in Executive Session pursuant
to I.C. 67-2345(d) with Indigent Director Marianne Bate on a motion by Egusquiza,
second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The following decisions were made:
K-12-03-05 & K-01-04-05 Motion by Rose, second by Ireland, to deny as not last
resource and as a final denial.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-08-04-10 Motion by Ireland, second by Egusquiza, to deny for all reasons.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-10-04-01 Motion by Ireland, second by Rose, to approve only the CT Scan and
reading, with a reimbursement order.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-05-04-06 & K-06-04-05 Motion by Egusquiza, second by Ireland, to approve with
a reimbursement order of $100.00 per case and to sign the denial for the liver
transplant per Idaho Code.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Jo Gridley appeared before the Board with Jim Howard from JJ Howard’s Surveying
Company. The issue that was discussed was Affidavits of Corrections being
recorded on Plats. When a mistake has been made, an Affidavit of Correction is
being recorded to correct the mistake. Ms. Gridley is questioning if the
Assessor’s office could somehow be added to the approval process that the
Developer of the property must go through to get a final approval on the Plat.
Discussion followed on how to change the order of approval, and if the Affidavit
of Correction is valid to correct the error. It was decided an attorney’s
opinion was needed. The Prosecutor is working on a high profile case and is not
available. Getting outside counsel was discussed. The Commissioners questioned
what exactly does our County Engineer, Gil Walker, do when he signs off on the
plats. Deputy Clerk Steele was instructed to contact Mr. Walker and schedule him
on the next agenda so the Commissioners can talk to him.
A Public Hearing was scheduled for Rural Telephone Company on an appeal they had
filed regarding a Planning and Zoning decision to deny a Conditional Use Permit
for a Central Office with living quarters to house telecommunications switch
equipment in an Ag-B Zone. The site is located in T2N, R10E, Section 19.
Deputy Clerk Steele informed the Board that she had several messages from Rural
Telephone that they wanted to cancel the Public Hearing, and that Ms. O’Donnell
from the Growth and Development Department had phoned her to see if we could
cancel but reschedule at a later date. Discussion followed and Rural Telephone
was called to clarify their intent. They stated they needed to contact the
homeowners association architectural committee for the subdivision before coming
to Growth and Development for the Conditional Use Permit. They will be taking
that route and will reapply with Growth and Development for the Conditional Use
Permit.
Jerry and Janette Rost of the Rost Funeral Home appeared before the Board. Mr.
Rost asked the Board if they had received the bill he had sent regarding
transportation of a body for autopsy? The Board stated they had received the
bill. There was discussion on the procedures for holding and transporting a body
when an autopsy is going to be done, and the costs involved. There was also some
general discussion on the relationship between the funeral homes, Sheriff’s
Department and the Coroner. Mr. Rost also stated that the Federal Aviation
Administration (FAA) also requires an autopsy be performed on the pilot for
plane crashes and that the FAA will reimburse the costs involved.
Alan Roberts of the Mountain Home Extrication Unit appeared before the Board
during the public portion of the meeting to report that the Unit had received
their State grant in the amount of $59,200.00, which is still approximately
$10,000.00 short of what the costs will be for a fully equipped rescue truck.
Mr. Roberts stated that when they get their new vehicle the 1984 one ton GMC
vehicle will be given to the Pine/Featherville unit for their use. There was
discussion about more rescue equipment for the Pine/Featherville unit. Mr.
Roberts asked if there was any more funds available through the Title III funds.
The Board suggested that Mr. Roberts contact Carl Phares about the procedures
for asking for Title II funds to see if the Unit could get some of those funds
to equip the Pine/Featherville unit since that equipment is used strictly in the
forest area. The Board stated that after Mr. Roberts had attempted to get Title
II funds, he should come back to see what other options might be available
through the County.
Bonnie Sharp appeared before the Board, at their request, to discuss various
elements of her new position as the Growth and Development Director. Salary and
step and grade issues were discussed. The Board stated the position would start
as Grade 13, Step 3 at $2,915.00 per month, or $34,980.00, which would be a
$336.00 per month increase. After the six month probationary period the position
would move up to Grade 13, Step 4 at $3,002.00 per month, or $36,024.00.
Correspondence received by mail was reviewed. The Web Service for Title III and
SWPP Rapid Assessment System information received from Maggie at IAC was
discussed and the Board asked Clerk Best to have Barb Steele register them for
that. The letter from C. David McNeal, State Plant Health Director for Idaho was
reviewed. The Board asked that the Clerk’s office respond to the letter by fax
with their choice of Alternative 2.
Motion by Egusquiza, second by Rose, to vote for Terry Gestrin as the District 3
representative on the ICRMP Board.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to direct the Chair to sign the FW Web
Service for Title III.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Ireland, to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
