COMMISSIONERS MINUTES                                                        OCTOBER 25, 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 and Commissioners Larry Rose and Calvin Ireland. Also present at the meeting was Clerk Gail Best.

Motion by Egusquiza, second by Rose, to approve the minutes of October 5, 2004 and October 12, 2004 with one change to page 6, on the October 12th minutes.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Ireland, to approve the expenses in the amount of $164,557.08. There was discussion.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, to approve the Bail Bond Report, for the record only, for September 2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Egusquiza, to approve the Liquor License Renewals for 2005.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Ireland, second by Rose, to approve the Liquor License for Maria Del Carmen Cuna Calderon doing business as El Herradero.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Chairperson Egusquiza read proposed Resolution No. 344-04 into the record:




RESOLUTION NO 344-04


WHEREAS, The Board of Commissioners of Elmore County has the authority and duty under Article XVII, 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 demands placed upon the Public Defender’s budget to ensure legal defense to indigent, have exceeded the amount budgeted;

WHEREAS, There is available cash in the Public Defender fund;

NOW, THEREFORE, BE IT RESOLVED, that the Elmore County Board of Commissioners in lawful meeting assembled as follows:

1. To increase the budget in line item 122-422-02-110.00 from $50,000.00 to $130,000.00 and 122-422-02-167 from $70,000.00 to $112,000.00 to balance the increased expenses incurred by the fund during Fiscal Year 2004.

Dated this 25th day of October, 2004.

BOARD OF ELMORE COUNTY COMMISSIONERS

/s/ MARY EGUSQUIZA, Chairperson
/s/ LARRY E. ROSE, Commissioner
/s/ CALVIN IRELAND, Commissioner
ATTEST: /s/ GAIL L. BEST, Clerk

Motion by Ireland, second by Egusquiza to approve Resolution No. 344-04.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

An application for cancellation of taxes (hardship or special) submitted by Jackie Payne was reviewed. There was discussion. Motion by Ireland to cancel the taxes for 2001 plus penalty and interest, second by Rose, noting he was doing so to initiate discussion on the matter. There was discussion. Commissioner Ireland withdrew his motion and Commissioner Rose withdrew his second. Motion by Egusquiza, second by Rose, to deny the cancellation of taxes.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


There was discussion on dust abatement on Calmer Johnson’s Letter of Information (LOI). Dust abatement was a condition on the LOI. Dust abatement on the road has been discussed with Wayne Tindall of the Mountain Home Highway District and Mr. Tindall advised that Mag Chloride, Chip and Seal, or Chips without Seal or Rock without seal are all possibilities, but that Mag Chloride is applied in the spring and it is too late in the year and that both chips without seal or rock would not compact on the surface. The Board also noted that the road needs to be built up for drainage purposes. There was discussion that Mag Chloride needs to be done twice a year and that Chip and Seal also needs to be replaced as needed and material that will not compact on the service would need frequent replacement. A telephone call was placed to Sue Liercke to inform her of the requirements made by the Mountain Home Highway District and the Elmore County Board of Commissioners so that Ms. Liercke could explain the requirements to Calmer Johnson. The work will have to be done prior to any permits being issued.

Idaho Circuit Technology was discussed in general terms. Commissioner Rose placed a telephone call to the City of Glenns Ferry to see if the Board could obtain a copy of the EPA report that was done on the facility. Since the report is quite lengthy, it will be delivered to Commissioner Rose’s business.

The elected officials and department heads met with the Board for their regular monthly meeting. Clerk Best stated she had a letter from the State of Idaho requiring new signatures authorizing purchases from surplus property for interested persons to sign. The letter must be sent in by October 31st. Clerk Best stated that the main focus in her office is the election and that they have been extremely busy with absentee voters.

Jim Haydon, Assessor, stated everything is pretty steady in his office and that his appraisers are working on the upper country - Pine, Featherville and Prairie to get those areas completed prior to snowy weather. Mr. Haydon stated that Atlanta has been completed already. Jim stated he is behind on the rural appraisal training, but that he will be training both male appraisers in rural as soon as time allows. Jim also stated, as a heads up, that farmers and ranchers in the County are taking land out of production - which will eventually mean a difference in value. Jim stated his office is busy compiling sales data at this time. Mr. Haydon stated that he is becoming concerned about the future of the County with all the discussion of dairies and, more lately, a coal fired plant in King Hill. Mr. Haydon asked for caution in moving ahead on these projects - stating that there could be some far reaching effects that might be regretted later if not handled well and for the long term good of Elmore County.

Rose Plympton, Treasurer, stated she had brought back a video which lasts about eight minutes from the Idaho Association of Counties annual meeting in September. Rose explained the property tax informational video was developed by Ada County and that IAC had given each county attending the conference a copy. The Association suggested the counties play the video in their courthouses, perhaps during the assessment appeal time. Rose also stated that the training for the Treasurers was very good at the annual meeting, the Attorney General’s office had conducted some on the Public Administrator portion of their positions. Rose also reported that she had attended the District III quarterly meeting in Idaho City last week and Larry Wasden was there speaking about the Ethics manual that was being revised. Any input on that manual is due by November 1, 2004 for inclusion in the updated manual. Rose reported that sixteen counties are now involved in the Gem Plan for health insurance.


Marla Spence, Coroner, stated that she really did not have anything new to report. Marla added that she still had not had any news about her vehicle. Commissioner Rose stated that the Sheriff is waiting for some paperwork, which would soon be forthcoming. Clerk Best stated that she would see a check was cut as soon as the paperwork was received.

Bonnie Sharp, Growth and Development Director, stated that the people desiring to put in a coal fire plant in King Hill had a meeting with her about how to get a height variance for the project. Bonnie reported they have not yet started the permit stage of the process. Bonnie reported that a new dairy on Highway 51 owned by Daryl Rhead will soon be beginning their application process. Also, the Oppedyke Dairy has asked the County to write a letter to the Dairy Board saying that all is in compliance with the County CAFO Ordinance and any conditions listed on the Conditional Use Permit. The letter is necessary so that the dairy can receive a permit to sell milk. The Growth and Development department has received a letter from the Glenns Ferry Highway District asking that no more dairies be approved without a traffic study being done. Ms. Sharp stated she has been working with Clerk Best to develop a job description for the new position.

Tom Gibbon, Chief of Security, told the Board that the trial is going well, and will probably take several more weeks before it goes to the jury. Tom stated they have been busy - lots of people coming into the building, voting is particularly heavy.

Ted Knudson, Juvenile Probation, stated he was notified that the $18,097.00 grant was approved and that he had permission to start spending. The grant money will be used for counseling and programs. Ted gave the Board a copy of his September activities report. Curfew checks were discussed.

The Board reviewed copies of Snowmobile Ordinances received from both the Atlanta and Mountain Home Highway Districts. Commissioner Rose stated that the Glenns Ferry Highway District was keeping the ordinance they already had and he placed a call to that office to request a copy. The County will incorporate the information from the combined ordinances received to compile an Elmore County Snowmobile Ordinance on which they will have public hearings. The Board decided to ask Phil Miller to combine the information for them when he appears later in the day.

Bret Silver appeared before the Board for his regular monthly meeting with them. Mr. Silver asked if the Board had received any complaints about his service on the trash hauling. The Board had received no complaints. Bear and skunk problems in the upper country were discussed. Whether to have several collection sites and buildings versus one large collection site on the Prairie was discussed. Mr. Silver stated that the King Hill site was still quite a mess and that the Hammett site has had a bunch of trees placed there. Connie Cruser, who was in the audience stated that her family needed to dispose of an air conditioner and had paid $35.00 to have the freon removed and was told at the dump that the certificate stating the freon had been removed was not necessary. Commissioner Rose said he would mention it to Fred Perez.

Motion by Egusquiza, second by Ireland, to adjourn for lunch.
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) with Indigent Director Marianne Bate at 1:15 p.m. 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-09-04-01 Motion by Ireland, second by Rose, to approve with reimbursement order of $100.00 per month beginning March of 2005.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-09-04-02 Motion by Rose, second by Ireland, to deny as incomplete, not indigent and no interview.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

K-09-04-03 Motion by Ireland, second by Rose, to deny as incomplete, not indigent and no interview.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed.

Stefanie Kazyaka and Jodi Solosbai appeared before the board to discuss the annual employee Christmas Party. The party is on December 11, 2004 at the Elk’s Lodge and begins at 6:30 p.m. with dinner at 7:00 p.m. The idea of rewarding long time employees was discussed. It was agreed to order pins for 10, 15, 20 and 25 years of service and to also reward perfect attendance.

Correspondence received by mail was reviewed.

A letter was received from Larry Tripp of the Mountain Home Ranger District to Jeff Day was discussed. A telephone call was placed to Jeff Day to discuss the letter. Mr. Day stated the issue was being worked on cooperatively between the Waterways Committee and the Forest Service. Donnie LaBelle, who was present, stated that he believes the dock situation is coming along better and they would be working with the Forest Service on Tuesday morning.


Phil Miller, of Ashcraft and Miller, appeared before the Board to discuss his progress on duties the County has assigned to him. Mr. Miller presented the Board with a letter with the procedure for forming an ambulance district. Mr. Miller also has drafted a Petition to Create an Ambulance District within Elmore County. Formation of the ambulance district was discussed.

Commissioner Egusquiza asked Mr. Miller what it would take to add the Assessor to the plat approval process. Mr. Miller stated he did not think that would be a lengthy process. The County’s utility easement and Desert Sage Health Clinic’s new building site was discussed. Mr. Miller stated he has not been able to get the information from First American Title as yet, but did receive the information from the minutes the Clerk’s office gathered for him. Chairperson Egusquiza stated she would see that Mr. Miller got the necessary information. The snowmobile ordinance was discussed and Mr. Miller was given copies of the Atlanta and Mountain Home Highway District ordinances.

Sheriff Layher appeared before the Board at their request to discuss various issues. Chairperson Egusquiza asked the Sheriff if he had been able to obtain surveillance cameras for the collections sites? Sheriff Layher stated he had not, but has been pricing them and there is a large price difference in them for different types. Prices and types of cameras were discussed, the Sheriff will get back to the Board no later than the next meeting. There was discussion on the vehicle for the Coroner, and the Sheriff placed a call to the Idaho Federal Surplus Property Division. Sheriff Layher stated the paperwork is coming and the price is $8,400.00, payable to the State of Idaho. Sheriff Layher stated that the horses seized and taken to the Humane Society in Boise was going to prove costly to Elmore County, a bill for $6,600.00 from the Humane Society will probably be coming for costs involved in caring for the horses. The horses are now up for adoption. Sheriff Layher stated he has rented a cabin for his deputies in the upper country for $600.00 per month plus utilities and that would be another unexpected expense for him. The Sheriff stated he has not been able to hire a deputy for the hills as yet. Clerk Best asked the Sheriff if he hadn’t had advance notice that he would need a deputy there and he stated he had, but did not know that the other deputy would be quitting without notice.

Motion by Egusquiza, second by Ireland, to go into executive session pursuant to Idaho Code 67-2345(f).
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Regular session resumed. There was no action taken as result of the Executive Session.

Motion by Egusquiza, second by Rose to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk