COMMISSIONERS MINUTES
NOVEMBER 8, 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 were Clerk Gail Best and her Elections Deputy,
Vivian Garcia. The first order of business was to canvass the 2004 general
election. The Board reviewed the poll books submitted to them by the Clerk’s
office. Motion by Rose to approve the canvass of the 2004 general elections as
submitted, second by Egusquiza.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to approve the payroll for October 2004 in
the amount of $310,966.98.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to approve, for the record only, the
Recorder’s Office Report, Clerk’s Bail Bond Report and Treasurer’s Office Report
as submitted.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
There was discussion on the siting committee for the proposed Rhead Dairy.
Motion by Egusquiza, second by Rose, to send a letter to the Department of
Agriculture asking them to appoint a siting committee for the proposed Rhead
Dairy.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Jim and Patty Inama of Atlanta, Idaho, appeared before the Board to discuss
solid waste issues occurring in Atlanta. Repair of the doors on the collection
site and some building repairs were discussed. Mr. Inama sated that the bear
seems to have gone away for the year now so he would be leaving the doors open
until April. How to solve the problem of large furniture left outside the
collection site was discussed. Mr. Inama stated he would police around the site.
The Board stated the furniture and white goods were a problem at all the
collection sites in the County. Mr. Inama stated he would also be doing the
burning of the burn pile this week, last week was rainy.
A beer license for Raymond Morgan making application as Raynhar LLC and doing
business as Freedom Lanes was discussed. Motion by Egusquiza, second by Ireland,
to approve the beer license for Rayhnar LLC doing business as Freedom Lanes.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Commissioner Ireland read Certificates of Residency into the record: Hilda
Reyes, Gay Swan, Earl Ward, Jessica Kimberly Wolfe, Denver Collin Price, Paula
Kathleen Young, Crystal Rene Sears, John David Gianelli, Montserrat G.
Guadarrama, Amanda Jo Hamilton, Kathy L. Harden, Emma Jane Jackson, Christifer
C. Graham, Marria Kathleen Coriell, Paul E. Dyssegard, and Danielle Elizabeth
Ackerman. There was discussion on the certificate for Denver Price and
Commissioner Rose placed a telephone call to the boy’s father for clarification
because there were two different certificates with different signatures. Motion
by Egusquiza, second by Rose, to approve the certificates with the exception of
the one for Denver Price.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Gil Walker, Professional Engineer, Jo Gridley, Chief Deputy Assessor and Bonnie
Sharp, Administrator of Growth and Development appeared before the Board to
discuss approval of plats. Ms. Gridley explained that in the past two or three
years there are so many affidavits of correction to new subdivision plats that
it is causing a problem and that she is hoping that a different review process
could be adopted to help solve the problems. Mr. Walker explained to the Board
what laws govern the process he goes through in plat approval and stated he had
no idea that so many affidavits of correction were being added. Mr. Walker
stated he makes sure that the legal descriptions are correct and that the legal
description of the plat closes. Mr. Walker added that he always makes certain
that there is access to public right of ways and that, typically, he checks 25%
of the lots in the subdivision for correctness - generally the odd shaped lots
as opposed to strictly rectangular lots. There was discussion of the best way to
add to the process so that the Assessor’s office is part of the process for
approvals. Mr. Walker stated that if he adds to the process he goes through he
will have to add cost, which was agreeable to the group, since that cost is
passed on to the developers anyway. Mr. Walker stated he will get the Clerk a
new price listing. It was decided that Mr. Walker will now review 50% of the
lots and will give Ms. Gridley a listing of which lots he has reviewed so she
will know what he checked and not duplicate the work, instead she will check the
remaining 50% of the lots. Mr. Walker will also provide a listing of the
surveyors and engineers involved and will draft a letter to be sent to them so
they will be aware of the new process. Ms. Sharp will add to the instructions in
her office so that the Assessor will be included in her plat approval process.
Chairperson Egusquiza read the contract between Geographic Mapping Consultants,
Inc. and Elmore County into the record:
AGREEMENT FOR PROFESSIONAL SERVICES
Agreement is made between Elmore County, a political subdivision of the State of
Idaho, herein referred to as “COUNTY’ and Geographic Mapping Consultants, Inc.,
herein referred to as “CONTRACTOR”,
THE PARTIES AGREE AS FOLLOWS:
1. SCOPE OF WORK: The County hereby employs the Contractor as an independent
contractor to perform the following work:
1. Update and maintain county wide digital parcel data.
2. Assign parcel numbers to approximately 3200 State and Federal parcels.
2. TIME OF PERFORMANCE AND TERMINATION:
This agreement shall be effective for a period of 12 months from and after the
first day of October 2004, notwithstanding the date of execution of this
agreement.
3. COMPENSATION:
Contractor shall bill the County at the rate of $400 per month for update and
maintenance of the digital parcel data. Contractor shall bill the County $2,000
for assigning parcel numbers to the State and Federal parcels.
4. INDEPENDENT CONTRACTOR:
The parties agree that the Contractor is an independent contractor of the County
and in no way an employee or agent of the County and no employees of the
Contractor are entitled to workers compensation, tax, and FICA withholding or
any benefit of employment of the County. The County shall have no control over
the performance of this Agreement by the Contractor, except to specify the time
and place of performance. The Contractor shall maintain worker’s compensation
insurance covering its employees. The County shall have no responsibility for
security or protection of Contractor’s supplies and equipment.
5. WARRANTY:
Contractor warrants that all services will be performed in a good and
workmanlike manner, and shall be liable for breach of this warranty.
6. INDEMNIFICATION:
Contractor agrees to indemnify and hold the County harmless from any liability,
claims, or damages arising out of or in any way connected with the Contractor’s
performance of the work described in this Agreement. Contractor shall not be
responsible for data not shown on existing records of the Assessor’s Office.
7. INSURANCE:
Contractor agrees to maintain public liability insurance in the amount of
$500,000 and worker’s compensation insurance for its employees from an insurance
carrier licensed to do business in the State of Idaho.
8. COMPLIANCE WITH LAWS:
Contractor agrees to comply will all federal, state, city, and local laws, rules
and regulations.
9. TERMINATION:
The County or Contractor shall reserve the right to terminate the contract at
any point during the contract period, upon a written request to the Contractor
or County explaining reasoning. The Contractor shall be compensated for all work
performed up to termination. All data developed by the Contractor shall be
provided to the County upon termination.
10. ATTORNEY FEES:
Reasonable attorney fees shall be awarded to the prevailing party in any action
to enforce this Agreement or to declare forfeiture or termination of this
Agreement.
Elmore County, by and through its Board of County Commissioners and the
Contractor has duly executed this agreement in duplicate originals on this 8th
day of November, 2004.
ELMORE COUNTY:
/S/ Mary Egusquiza, Chairman
/S/ Calvin Ireland, Commissioner
/S/ Larry Rose, Commissioner
ATTEST: /S/ Gail L. Best, Clerk
CONTRACTOR:
/S/ Duane E. Priest, President, Geographic Mapping Consultants, Inc.
Motion by Egusquiza, second by Rose to approve the contract renewal with
Geographic Mapping Consultants, Inc.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Motion by Egusquiza, second by Rose, to convene as a Board of Equalization.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
There was discussion regarding the application for property tax exemption for
First Southern Baptist Church of Mountain Home. The application concerns a 12x56
2001 mobile unit that the church is using as a Sunday school classroom. Ms.
Gridley stated she had no problem with the exemption because the unit is being
used for religious purposes. Motion by Egusquiza, second by Rose, to approve the
property tax exemption for First Southern Baptist Church of Mountain Home.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Motion by Rose, second by Ireland, to adjourn for lunch.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
At 1:15 p.m. the 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-09-04-05 Motion by Rose, second by Egusquiza, to deny as not indigent,
applicant can pay bills over a three year period, not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-10-04-02 Motion by Rose, second by Egusquiza, to deny for all reasons, not
indigent, no interview, not last resource.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-11-04-01 Motion by Rose, second by Egusquiza, to approve with a reimbursement
order of $100.00 per month beginning January, 2005 and an assignment of their
income tax of $2,500.00 for the tax year 2004 and subsequent years until paid in
full. Motion was amended by Rose to add $2,500.00 or 25%, whichever is greater,
Egusquiza amended her second.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed. Correspondence received by mail was reviewed.
A letter was received from ICRMP. The letter was asking the Commissioners to
vote for one member for the Joint Powers Agreement Board of Trustees. The
Commissioners voted for Dick Reynolds, Commissioner of Owhyee County.
The Mercy Housing Development Project was discussed. The proposal was faxed to
the City of Mountain Home on October 25th for their input. No input has been
received. Chairperson Egusquiza phoned the City and the Mayor was not available.
A message was left for the Mayor to phone back.
Tax cancellations were read into the record by Chairperson Egusquiza: No. 714 -
School District #193 $330.10, No. 715 - Jason Rowan Tugby $518.80, No. 716 -
Edmund Hedemann & A-Tri-K Corp $146.36, No. 717 - Mark R. & Margaret A. McFadden
$1,000.36, No. 718 - Southwestern Idaho Housing $16,801.47, No. 719 - Louella L.
Baugh $416.70, No. 720 - Logan L & Kimberly D. Tinsley $700.14, No. 721 - Robert
B. Crawford $597.54, No. 722 - Rick Jones $337.28, No. 723 - Brian J & Kip O
Assendrop $448.08, No. 724 - Rhonda Raymond $380.62, No. 725 - Scott & Debra
Frost $659.98, No. 726 - Kevin & Tracy Merry $722.70, No. 727 - Sharlet Pataro
$512.14, No. 728 - Mark & Nicole Berry $1,000.36, No. 729 - Juanita Creason
$27.48, No. 730 - Robert & Loreta Costner $465.38, No. 731 - Moises & Ruth
Martinez $12.06, No. 732 - Ark Properties LLC $1,510.28, No. 733 - Richard
Dachelf Jr. $136.70, No. 734 - Rigoberto Hurtado $388.64, No. 735 - Heather K.
Mack $203.48, No. 736 - Dennis J & Leeann R. Rooney $181.92, No. 737 - Daniel E.
Farnham $96.26, No. 738 - City of Mtn Home various parcels - 2004 $872.50, No.
739 - E. Black, D. Corbus & T. English $2.44, No. 740 - differences in levies on
2004 prebills $413.70, No. 741 - Jasso Josefina $34.39, No. 742 - Davis, Russel
& Crystal $234.37, No. 743 - Payne, Jackie $49.43, No. 744 - Mary W. Potucek
$125.26, and No. 745 - Ortiz Armondo $5.37. Motion by Ireland, second by Rose to
approve the tax cancellations as read in the amount of $29,332.29.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to approve the expenses in the amount of
$345,696.23.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza to go into Executive Session pursuant to I.C. 67-2345(d) to
hold indigent hearings, second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The first hearing was held on K-07-04-05. Present were the three Commissioners,
Indigent Director Marianne Bate, Deputy Prosecuting Attorney Teri Kaptein, and
Deputy Clerk Barb Steele. The applicant was present. Teri Kaptein asked the
applicant several questions. The hearing was closed.
Hearing for K-07-04-06 was held. Present were the three Commissioners, Indigent
Director Marianne Bate, Deputy Prosecuting Attorney Teri Kaptein, and Deputy
Clerk Barb Steele. The applicant was present also. Teri Kaptein asked the
applicant questions along with the Commissioners. The hearing was closed.
Hearing for K-07-04-09 was held. Present were the three Commissioners, Indigent
Director Marianne Bate, Deputy Prosecuting Attorney Teri Kaptein, and Deputy
Clerk Barb Steele. The applicant and his wife were present. Questions were asked
by the Commissioners, Teri Kaptein and Indigent Director Marianne Bate. The
hearing was closed.
Hearing for K-06-04-02 was held. Present were the three Commissioners, Indigent
Director Marianne Bate, Deputy Prosecuting Attorney Teri Kaptein, and Deputy
Clerk Barb Steele. The applicant was not present. Representatives from the
hospital were not present. The hearing was closed.
Hearing for K-07-04-10 was held. Present were the three Commissioners, Indigent
Director Marianne Bate, Deputy Prosecuting Attorney Teri Kaptein, and Deputy
Clerk Barb Steele. The applicant was not present. Representatives from the
hospital were not present. The hearing was closed.
Regular session resumed.
The following decisions were made:
K-06-04-02 Motion by Rose, second by Ireland, to make a final denial as the
Applicant has never contacted Elmore County, the application is incomplete, and
lack of information.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-05 Motion by Rose, second by Egusquiza, to make a final denial as there
is insufficient documentation to prove indigency, the applicant made no attempt
to schedule an interview, no record of income has been submitted by the
applicant, and the County is not the last resource. Also the applicant did not
bring any documentation with him to the hearing.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-06 Motion by Egusquiza, second by Rose, to make a final denial as Social
Security is pending and the County is not a last resource, and lack of
information from the applicant. The applicant did not bring any documentation
with him to the hearing.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-10 Motion by Rose, second by Ireland, to make a final denial, the
applicant never appeared for the hearing, there was insufficient information, an
interview was scheduled and the applicant did not appear.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-07-04-09 Motion by Egusquiza, second by Rose, to continue the hearing until
the next Commissioner’s meeting on November 22, 2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Phil Miller appeared before the Board to discuss his progress on various
projects he is doing for them. Mr. Miller first addressed the easement question
near the jail property, stated that it is obvious that the easement was meant to
go with the property and it was insured by the title company as part of the
title policy. He does not believe, as stated by Desert Sage’s Health Clinic’s
attorney, that “heirs and assigns” needs to be part of the language. There was
discussion about what the next step should be and Mr. Miller suggested that the
Board may want to do a declaratory judgement on the property. Commissioner Rose
stated that he felt that was probably the best thing to do since Desert Sage’s
position has been to let a judge decide.
Mr. Miller reported that he has not quite finished the Snowmobile Ordinance. Mr.
Miller stated he will have a draft ready for the Board later in the week, once
the Board has reviewed it he will do the final copy and then the Board can set a
public hearing on the Ordinance.
Mr. Miller stated he has reviewed the Ambulance Contract and it looks fine
legally. Mr. Miller stated he did have a question as to how many ambulances are
still in County ownership? The Board stated they still want that phraseology in
the contract.
Stanley Norstebon, 1458 Mayfield Road, Mountain Home, appeared during the public
portion of the meeting. Mr. Norstebon stated that he and his wife supported the
jail bond and he was just curious about the answers to some questions that he
and some of his neighbors had wondered about. Sheriff Layher, Captain McCallum
and Sgt. Durham of the Sheriff’s Department were present to reply to questions
about the proposed jail, where the property was, and what the old building would
be used for. The group assembled discussed various options available to them now
that the jail bond has failed and decided probably the best option would be to
just run the bond election again as a special election to see what would happen.
The Sheriff stated he felt there was still a lot of support out there for the
jail bond to pass. There was discussion about some extra things the group could
try to gather even more support. Clerk Best will research just how soon the bond
could be run again.
After receiving a telephone call from Mr. Price, Motion by Rose, second by
Egusquiza, to approve the certificate of residency for Denver Price.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Correspondence received by mail was reviewed by the Board. Motion by Egusquiza,
second by Rose to elect Matt Beebe of Canyon County to represent Region 3 to the
Administrative Board of the Catastrophic Health Care Cost Program.
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
