COMMISSIONERS MINUTES
NOVEMBER 22, 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 at the meeting was Clerk Gail Best.
Motion by Egusquiza, second by Ireland, to approve the minutes of October 19,
2004, October 25, 2004, November 8, 2004 and November 15, 2004. There was
discussion. There were several small additions to the minutes.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, to approve the expenses as submitted.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Bonnie Sharp appeared to discuss Growth and Development issues. Bonnie presented
a letter she had written to the Department of Agriculture on the Oppedyk Dairy
and asked if the Board would like to sign the letter or if she should sign it.
The Board suggested that Bonnie sign the letter.
Chairperson Egusquiza read proposed Resolution No. 345-05 into the record.
RESOLUTION OF ELMORE COUNTY
NO. 345-04
RESOLUTION BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THAT
THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE FORM A CAFO SITING ADVISORY
COMMITTEE.
WHEREAS,
Idaho Code Sections 67-6529D(2) and 67-6529E authorize a Board of County
Commissioners to request the Director of the Department of Agriculture to form a
CAFO advisory siting team to make a suitability determination on a proposed CAFO
site, and specifies certain information to be submitted with that request, and
Elmore County has received a CAFO siting permit application submitted by Robert
and Marlene Rhead, 700 E. McMillan Drive, Boise, Idaho 83709.
The Elmore County Board of Commissioners desire that Elmore County take
advantage of the scientific expertise and experience available to the State of
Idaho to properly make a decision on the suitability of the site of the proposed
CAFO as allowed by Idaho Code 67-6529G, and
The Elmore County Commissioners, in regular meeting on November 22, 2004 and
considered the above matters.
NOW, THEREFORE, BE IT RESOLVED BY ELMORE COUNTY BY AND THROUGH ITS BOARD OF
COMMISSIONERS, THAT:
Elmore County requests the Director of the Department of Agriculture to form a
CAFO siting advisory team or teams to provide suitability determinations on the
proposed site for the above named CAFO application as provided by the above
referenced statutes; and
All information submitted to Elmore County in the application for the above
named CAFO proposal and any other information received from the applicants
previously or in the future is hereby incorporated into this Resolution and
shall be provided to the Department of Agriculture, and
All employees and appointed officials of Elmore County cooperate with the CAFO
Siting advisory team to render any assistance or additional information needed.
DATED this 22nd day of November, 2004.
ELMORE COUNTY BOARD OF COMMISSIONERS
/S/ MARY EGUSQUIZA, Chairperson
/S/CALVIN IRELAND, Commissioner
/S/LARRY E. ROSE, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk
Motion by Egusquiza to approve the resolution as read, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Rose, second by Ireland, directing the Chair to sign the letter to the
State of Idaho requesting that a CAFO Site Advisory Team be formed for the Rhead
Family Dairy:
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Prosecutor Bazzoli joined the meeting.
A public hearing was set on a request to rename Fink Road to Henry Jones Road
for December 27, 2004 at 3:00 p.m. in the Commissioners Room.
A public hearing was set for the Brown Dairy appeal for January 12, 2004 at 6:00
p.m. to be held at the American Legion Hall.
A public hearing was set for the Rocky Mountain Cattle appeal for January 19,
2004 at 6:00 p.m. to be held in the Commissioner’s Room.
Formation of the Elmore County Ambulance District was discussed. A public
hearing will be held to take public testimony on December 22, 2004 at 7:00 p.m.
in the Commissioner’s Room.
The Board asked Clerk Best to do a notice for December 7, 2004 from 9:30 a.m. to
1:30 p.m. for the Legislative Luncheon to be held at the Holiday Inn on Vista
Avenue in Boise.
Department Heads and Elected Officials met with the Board for their regular
monthly meeting. Clerk Gail Best reported that she had been working on the
ambulance district, which had to be in the hands of the State Tax Commission by
December 31st in order to levy for fiscal year 2006. Gail also explained to the
Board that the County would be paying a total of $88,957.32 out of PILT funds to
Qwest and Idaho Power as result of judgement handed down by the Fourth Judicial
District on a value reduction of 2001, 2002, and 2003 done by the State Tax
Commission on that operating property. Clerk Best stated the money needs to be
paid out prior to December 20, to avoid accruing more interest so she would pay
the money out on behalf of the County and other taxing districts. In January,
when she received the apportionments for the taxing districts she would replace
the money into PILT. The County portion would not be replaced. Clerk Best also
asked the Board what their intentions were with the Idaho Circuit Technology
property since the County has taken tax deed to the property. Treasurer Rose
Plympton joined in the discussion stated that the Board now has more options
open to them and that they could sell the property so it could go back on the
tax rolls. Options would include having a realtor sell the property for them, or
the Board advertising the property for sale in the paper and perhaps exploring
Bid for Assets. There was general discussion on the matter.
Jim Haydon, Assessor, stated that his office has finished their appraisals in
the mountains and are now working on the ratio study for the valley locations of
the County. Jim stated he was bothered by the State Tax Commission utility
refund. Jim stated the Assessor’s office is bound to certain standards set by
the Tax Commission as to their values, ratio study and five year plan - but he
feels the Tax Commission has “rolled over” on this operating property issue and
that it will happen now with other utilities. Jim stated he will be going to a
meeting on the 29th with other Assessors and they will be discussing it - but he
said their opinion will fall on deaf ears with the State. Jim stated he has been
working with the two rural appraisers, getting them out into the field more - he
added that this is a difficult time for the County’s agricultural folks and that
he sees a trend there.
Rose Plympton, Treasurer, stated that the tax bills are out and that taxpayers
are coming in and making payments already. Rose also stated she was down to one
Public Administrator case and she would be seeking Aaron’s assistance on that.
Rose also stated that there are two trailers that needed to be moved and
destroyed, the Sheriff has done his best to sell them, but they are really in
poor condition and very old. Sheriff Layher offered to contact someone who might
move the two trailers.
Rick Layher, Sheriff, continued the conversation about what should be done about
the two trailers. The Board stated that Fred Perez, of Idaho Waste Systems, had
at one time offered to take “junk” trailers out there - but the County would be
charged for disposal. Rick stated he had hired two deputies for the mountains
and that both were experienced and really wanted to be up there. Rick stated he
has ordered the cameras for the collection sites but again expressed concern
that once his department had charged someone with illegal dumping the cameras
were in danger of being destroyed. The Board asked if the Sheriff had reviewed
the Snowmobile Ordinance and Rick stated he had and it appeared ok to him. There
was further discussion relative to snowmobiles.
Aaron Bazzoli, Prosecutor, stated that on December 22nd they would be doing jury
selection for the Ciconne trial, which is scheduled to begin in January. Aaron
also stated that his office had handled 1,755 cases last year between the three
Prosecutors. There were 221 felonies of which 61 were drug related. There were
123 juvenile cases in the past year. There was discussion about how much cost
was involved in the Severson case.
Dan Collins, Plant Facility Manager, stated that he had found the web site for
Bid 4 assets. Using the site for sale of properties was discussed. There was
some discussion on removal of trees on County property.
Bonnie Sharp, representing Growth and Development, stated she had now been
working as the Director for a month and, although there has been a lot to do,
she is enjoying the challenge. Bonnie stated she has fielded a couple of
complaints - one about dogs and one about a trailer that is in deplorable
condition. She has investigated the complaints with the assistance of the proper
authorities. Bonnie stated that since her department has been shorthanded for
the entire month, due to Hemi’s surgery, she is really anxious to hire for the
open position. Arrangements were made for the Board to meet with Bonnie and
review the resumes that have been turned in so the interview process can begin.
Cathy Wyllie, representing the Fair, stated she had been to the National Fair
Convention and she had been proud to represent Elmore County at the gathering.
Cathy said the 2005 Elmore County Fair would be held July 25th - July 30th and
that the carnival will again be there Wednesday through Saturday. The theme for
2005 will be Elmore County Wild West Fair and Rodeo. Cathy stated that she was
nominated for and elected to the Idaho State Fair Board. Congratulations were
offered all around to Cathy for the honor. Adding the Fair information to the
Elmore County Website was discussed. Membership on the Fair Board was discussed.
Brett and Laurie Silver appeared before the Board to discuss solid waste issues.
Brett stated that he had delivered the lumber up to Atlanta so that Mr.
Bartimoccia could repair the collection site. Brett said while he was up there
he had picked up the cement mixer. Bringing new dumpsters to Prairie was
discussed, as was skids versus wheels. Brett asked if the Board received any
complaints about his service and the Board had not - in fact a compliment had
been received. Numbering of the dumpsters was discussed and also signs listing a
number to call with questions or complaints.
Motion by Egusquiza, second by Rose, to adjourn for lunch.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
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-10-04-03 Motion by Egusquiza, second by Ireland, to deny as incomplete, not
last resource and no documentation.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-10-04-04 Motion by Rose, second by Ireland, to approve with a reimbursement
order of $50.00 per month beginning Feb 1, 2005 or sooner if applicant finds a
job.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-11-04-02 Motion by Ireland, second by Egusquiza, to approve with a
reimbursement order of $75.00 per month and $1,000.00 or 50%, whichever is
greater, of the 2004 income tax refund.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Egusquiza, second by Ireland, to go into Executive Session pursuant to
I.C. 67-2345(d).
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A hearing was held on K-08-04-04. Present at the hearing were the three
Commissioners, Indigent Director Marianne Bate, Deputy Prosecuting Attorney Teri
Kaptein, Commissioner Elect Connie Cruser, and Deputy Clerk Barbara Steele. No
representatives from the hospital were present and the applicant was also not
present. Ms. Bate gave a brief overview of the case.
Motion by Egusquiza, second by Rose, to make a final denial on K-08-04-04 due to
lack of evidence, no information on applicant, therefore there is no way to
process the application.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
A hearing was held on K-07-04-09. Present at the hearing were the three
Commissioners, Indigent Director Marianne Bate, Deputy Prosecuting Attorney Teri
Kaptein, Commissioner Elect Connie Cruser, and Deputy Clerk Barbara Steele. No
representatives from the hospital were present and the applicant was also not
present. Ms. Bate gave a brief summary of the case.
Motion by Egusquiza, second by Ireland, to make a final denial on K-07-04-09 as
there is not enough information and the applicant did not bring in the
information requested.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
The application for cancellation of taxes received from Roy Dean Slover was
discussed. The decision was made to send a letter to Mr. Slover requesting he
apply for a circuit breaker tax break for the current tax year. After that is
done the Commissioners will review the request to cancel taxes for 2001.
There was discussion by the Board on the United States Geological Survey (USGS)
for Dairies and Northern Water Proposals. Chairperson Egusquiza stated that Joe
Twitchell was reasonably certain that the RC&D Council could help with some of
the funding, as could DEQ and USGS so that the County would not have to fund the
entire project. The Board agreed that it would be great to have baseline
information for future use.
Motion by Egusquiza to go into Executive Session pursuant to I.C. 67-2345(f),
second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session was resumed. Prosecutor Bazzoli gave the Board some ideas on how
the County could improve our public hearings. The group assembled decided that
hiring someone to do a transcript at public hearings that most likely would go
on to District Court on appeal would be worth the money spent. Prosecutor
Bazzoli stated he would be able to make the arrangements for someone to do the
transcripts and Clerk Best stated the cost could be paid from the Board’s
Professional Services line item.
Wilma Clark presented a petition signed by 80 residents of Pine and Prairie.
Chairperson Egusquiza read the Petition into the record:
PETITION
To the Commissioners of Elmore County:
The undersigned residents, property owners, and visitors to the Pine-Featherville
and surrounding areas are concerned with the lack of an adequate law enforcement
presence. It is evident that at least two full time deputies are needed to cover
the large area encompassing Prairie, Atlanta, Pine and Featherville. The
undersigned urge you, the County Commissioners of Elmore County, to hire at
least two full time deputies to be assigned to the Pine-Featherville and
surrounding areas and to also insure prompt and adequate back-up response when
requested.
Ms. Clark stated that the residents had signed the petition in hopes that they
could persuade Ferrell Ramsey to come back as their deputy. Sheriff Layher, who
was present, stated that Ferrell had expressed he did not want to come back into
the position. Sheriff Layher stated that he had hired two deputies to work up in
the mountains, replacing the two that were previously up there.
The draft Snowmobile Ordinance was reviewed. The Board added one sentence to
page 2, section C, to read “to include any maintained roads in the Hill City
area of Elmore County”. The Board asked Clerk Best to have Phil Miller add the
sentence to the draft. Clerk Best stated when the sentence was added and the
draft returned to her she would send a copy of each of the highway districts and
invite them to the hearing.
Chairperson Egusquiza read the letter to Mr. Slover into the record:
Roy Dean Slover, 365 North 9th East, Mountain Home, Idaho 82637
Dear Mr. Slover, The Elmore County Commissioners met in regular session on
November 22, 2004 and reviewed your application for cancellations of taxes for
2001.
The Commissioners are requesting that you come into the Assessor’s Office and
apply for a circuit breaker tax break for your current taxes. Once you have done
that, your application for cancellation of taxes for 2001 will be reviewed
again.
Thank you, Mary Egusquiza, Chairperson, Larry E. Rose, Commissioner, Calvin
Ireland, Commissioner
Motion by Egusquiza, second by Ireland to sign and send the letter as read.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to sign the letter regarding Idaho Waste
Systems (IWS) and have Clerk Best call Mr. Perez and tell him the letter is
ready.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Ted Knudson and Stephanie Kazyaka of Juvenile/Probation and Merrilee Hiler of
the Auditor’s Office appeared before the Board to discuss juvenile matters. Mr.
Knudson first gave his monthly report for October to the Board. Ms. Hiler told
the Board that the financial reports due to the Department of Corrections now
have been changed from quarterly reports to annual reports and now include both
the Cigarette Tax and Block Grant reports on one report. There also is a problem
with the State fiscal year ending in June and the County fiscal year ending in
September. The first quarter payment from the State for Fiscal Year 2005 was not
received by the County until the end of October, putting the funds into the
County Fiscal Year 2004, thus causing some financial reporting problems
including what appears to be a considerable overage of unspent money left in the
2004 budget. Ms. Hiler added that another change in the reporting is that both
the Board of Commissioners and Magistrate Judge must approve the reports as well
as the Clerk and Ted Knudson, which is why they were appearing before the Board.
Mr. Knudson and Ms. Kazyaka stated that they will be purchasing a used vehicle
for the department since the one they have is not dependable. The vehicle
purchase will be made from Block Grant funds thus the overage will not appear on
the report when it is submitted December 1st which will eliminate any problem of
having to return funds. The Cigarette Funds monies are not tracked in the same
manner as the Block Grant Funds so the problem of different fiscal year ends
should not be such an issue.
Hal Franck, 945 South 8th West, Mountain Home, appeared before the Board during
the Public portion of the agenda to discuss some problems he is having with his
neighborhood association at Silver Sage Estates which the Prosecutor will not
take to Court. Prosecutor Bazzoli stated that the problems are civil matters and
he cannot take them to Court. Mr. Franck also talked about the possibility of
obtaining some old fire trucks from the City of Mountain Home when they get new
ones. The Board stated they were not in a position to help Mr. Franck with that
issue since they were not involved with fire trucks.
Chairperson Egusquiza read the tax cancellations into the record: No. 746 - Ryan
& Tara Reilley $327.80, No. 747 - Idaho Circuit Technology $5,263.26, No. 748 -
Ramona E. Junger (Lente) $465.40 for a total of $6,056.46. Motion by Rose,
second by Ireland, to approve and have the Chair sign the tax cancellations.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Merrilee Hiler appeared before the Board and asked if she might talk to them
during the public portion of the agenda. Ms. Hiler stated she was concerned
about the jail bond because she felt it would have a better chance of passage if
more facts and figures were put before the public - particularly regarding the
maintenance and operations budget. The Board stated they have been trying to get
solid figures but have not been very successful in obtaining those from the
Sheriff. Ms. Hiler stated that she believed that need is not an issue with the
public as far as the jail - people know it is needed - she just feels more solid
figures would be helpful in promoting the bond.
Jo Gridley appeared before the Board. Motion by Egusquiza, second by Ireland, to
recess as a Board of Commissioners and convene as a Board of Equalization.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Jo Gridley reported to the Board of Equalization that no one protested their
value before the 5:00 p.m. deadline. Chairperson Egusquiza closed the Board of
Equalization and opened the regular session of the Board of Commissioners.
Fair Board member appointments were discussed. Commissioner Ireland suggested
Jean Mullen as their first appointment and Clay Mills as their second
appointment. There was discussion. Motion by Egusquiza to accept the nomination
of Jean Mullen and Clay Mills as Fair Board members.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The Board reviewed the Animal 911 agreement and noted that the wrong year is
noted. Prosecutor Bazzoli stated he would call Mr. Friedly.
Correspondence received by mail was reviewed. The Clerk was asked to Notice the
December 2nd meeting of the Elmore County Snowmobile Coordination Group at
Mountain Home Ranger District at 1:00 p.m.
A Certificate of Residency for Laurie Helene
Moyer was reviewed. Motion by Rose, second by Ireland to approve the Certificate
of Residency and authorize the Chair to sign it.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
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
