COMMISSIONERS MINUTES                                              DECEMBER 13, 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 was Clerk Gail Best.

Motion by Egusquiza, second by Ireland to approve the payroll for November as submitted in the amount of $304,969.89.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Jim Sherer of the State Insurance Fund appeared before the Board to discuss Workmen’s Compensation issues. Mr. Sherer gave the Board reports outlining the County’s claims history from 1999 to present. Mr. Sherer explained to the Board that premiums are based on a three year history of claims. Elmore County’s history of claims will mean the premium will increase and next year the premium will be even higher. Commissioner Rose asked why the Board has not been aware of the claims submitted. Clerk Best explained that the claims are handled through her office and there has never been a request to be informed about the claims. Clerk Best stated she thought the medical information might be subject to HIPPA and she wasn’t sure the information could be shared. Mr. Sherer stated that Workman’s Compensation was excluded from HIPPA provisions and the employer was entitled to that information since they are paying the premiums. Mr. Sherer went on to explain that a claim that has major time loss and/or a disability incurred are the most expensive claims and that the County has had several of those in the past three years. The various elements of the reports Mr. Sherer presented were discussed in detail. The Board asked what they could do? Mr. Sherer stated the State Insurance Fund does training for safety and has offered it to the County before. Clerk Best stated she had discussed it with Mr. Sherer some years back but there was really no interest in having training. The Board stated they would be interested now. Mr. Sherer stated they should do a safety resolution and that he would send Clerk Best some drafts for the Board to review. The second step Mr. Sherer suggested was to do some safety training. Connie Cruser asked how much the inservice would cost? Mr. Sherer stated there would be no charge for it, that is his job. The Board reviewed the last report of claims that Clerk Best had brought down from her office, and then thanked Mr. Sherer for coming and alerting them of the problem.


Ted Knudson appeared before the Board to discuss some vacated property in Pine/Featherville. Ted stated he owns Lot 6 in Trinity Subdivision and Mr. Sacht owns Lot 5. The driveway property was vacated by the Board of County Commissioners in 1988. Mr. Sacht has been sending letters to Ted saying he is infringing on his property. Now Mr. Sacht’s attorney has contacted Ted threatening to sue, saying that the County Commissioners did not have the authority to vacate the property. Ted stated he wondered if Aaron could look into the matter since Mr. Sacht’s attorney is claiming the Board did not have the right to vacate the property. Chairperson Egusquiza asked for a copy of the plat of Trinity Subdivision to be brought down so she could look at the back page. After review of plat Chairperson Egusquiza stated everything looked like it was properly done. There was further discussion and the Board determined the problem Ted is having is a civil matter and that the County should not get involved at this time.

Motion by Egusquiza, second by Ireland to approve the minutes of November 22, 2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Prosecutor Bazzoli joined the meeting.

Motion by Egusquiza, second by Rose, to approve, for the record only, the Clerk’s Bail Bond Report, Recorder’s Office Report and Treasurer’s Office Report for November, 2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Rose, to approve and sign the Agreement with Intermountain Hospital.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

There was discussion regarding the Fair Board Selection. Motion by Egusquiza, second by Rose, to appoint Steve Agenbroad and Jean Mullen to the Fair Board.

Cathy Wyllie, Fair Director, asked if she could make a comment. The Board stated she could if she made it brief. Cathy stated that the Board members thought time might be an issue for Mr. Agenbroad. Commissioner Rose stated that the same was probably true for Mr. Lisle. There was further discussion. The motion made by Egusquiza and the second by Rose was withdrawn. Motion by Egusquiza, second by Rose, to appoint Jean Mullen and Mr. Lisle to the Fair Board.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

Motion by Rose, second by Egusquiza, to approve the expenses as submitted in the amount of $349,421.46.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

A liquor license for Raynhar, LLC doing business as Freedom Lanes was discussed. Motion by Rose, second by Ireland to approve the liquor license for Raynhar, LLC.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.


A public hearing for Weitz was discussed since there was trouble preparing the transcripts for court. A re-hearing was set on Weitz for January 26, 2005 at 7:00 p.m. in the Commissioner’s Room. There was discussion on what hearings Prosecutor Bazzoli needed to arrange for a transcriptionist, and it was decided to hire one for Rocky Mountain Land and Cattle, Brown Dairy and Weitz.

The Hardship Application for Cancellation for 2001 taxes for Roy Slover was discussed. Motion by Rose, second by Ireland to grant the cancellation of 2001 taxes of $526.00 plus penalty and interest.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The E-911 Animal Agreement with the City of Mountain Home was discussed. Motion by Rose, second by Ireland, to sign the agreement.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.

The Wind Power Ordinance was discussed. Commissioner Rose stated that the Board needs a Planning and Zoning type attorney to help them, particularly after reading the letter that Jerry Mason sent to the Board. There was discussion with the Prosecutor as to whether or not public hearings are necessary. Prosecutor Bazzoli stated a public hearing should be held. Commissioner Rose will contact Jerry Mason to see if he would be willing to work with the Board since obviously he is interested in the ordinance.

The proposal from Gil Walker was discussed. The Board will wait until Jo Gridley has had the opportunity to make any comments she desires to make.

Commissioner Rose reminded the Clerk that he would not be present for the afternoon session since he will be at the Idaho Council on Industry and Environment.

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

After lunch 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. Commissioner Rose was absent.
EGUSQUIZA - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered.

The following decisions were made:

K-11-04-03 Motion by Ireland, second by Egusquiza, to deny as not last resource and no interview.
EGUSQUIZA - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered

K-11-04-03 Motion by Ireland, second by Egusquiza, to deny as application withdrawn, not last resource.
EGUSQUIZA - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered

K-11-04-07 Motion by Egusquiza, second by Ireland, to deny as not timely, no jurisdiction.
EGUSQUIZA - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered

Regular session resumed.

Motion by Ireland, second by Egusquiza, to sign the agreement for noxious weed control with the Idaho Transportation Department Division of Highways District No. 3.
EGUSQUIZA - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered

Amber Sloan and Merrilee Hiler appeared before the Board to discuss the Sick Leave Bank. They gave the Board a brief summary of how many hours were in the bank and how many days have been granted so far. Members of the sick leave bank had to donate 2 hours this year. There was an open enrollment, which will not happen every year. Ms. Sloan and Ms. Hiler suggested that the terms of the members on the committee be changed to 2 and 4 years.

Certificates of residency were read into the record: Julie Ann Matson and Robert James Taylor. Motion by Ireland, second by Egusquiza, to approve and have the Chair sign the Certificates of Residencies.
EGUSQUIZA - AYE
ROSE - ABSENT
IRELAND - AYE Motion carried and so ordered

Correspondence was reviewed.

Bonnie from Growth and Development appeared before the Board to discuss the County’s Zoning Matrix and a letter received from the Department of Environmental Quality:

December 2, 2004

Gail Best
Elmore County Commissioners
150 South 4th East, Suite 3
Mountain Home, Idaho 83647

RE: Department of Environmental Quality Determination and Response to Desert Mineral Mining LLC’s Application for a Small Mineral Processing Facility, and Public Notice of Draft Permit #CN-000030.


Dear Ms. Best:

The Department of Environmental Quality (DEQ) has reviewed the Desert Mineral Mining LLC’s (DMM) application to construct and operate a “small mineral processing facility”. DEQ has determined that DMM has responded to each of the requirements in the “Rules for Ore Processing by Cyanidation”. DEQ has also determined that the information submitted by DMM in its application was sufficient to draft a permit (Draft), which is attached.

Prior to DEQ approving a final permit, the public, local government, state and federal agencies, and the applicant, are being given the opportunity to comment on DMM’s application package and the draft permit. The Draft will be advertised in the Idaho Statesman as a Public Notice on Saturday December 4, 2004. The Draft will also be advertised in the Mountain Home News as a Public Notice on December 8, 2004. The Public Review and Comment Period will run through January 4, 2005.

DMM is proposing to construct and operate a “small mineral ore processing facility”. The proposed facilities would be located in Section 13, Township 2 North, Range 4 East, Elmore County, Idaho, near Three Points Mountain along Blacks Creek Road. This facility would process up to 100 tons per day, or 36,500 tons per year for up to 5 years (120,000 tons). DMM intends to process by crushing ore and treating it in an enclosed Thompson Mill system, which would be located within primary and secondary containment systems. Gold from cyanide leachate would be precipitated on carbon columns, which would be periodically stripped using alcohol, and then plated onto steel wool through an electrowinning process. The steel wool and gold would then be separated by melting them in a refinery process. Tailings from the cyanidation process would be neutralized using sodium hypochlorite, and then discharged to a lined tailings impoundment. DMM has proposed that keeping the system (other than the tailings impoundment) enclosed, and maintaining a minimal water balance will ensure that no treated process waste water will be discharged to surface or ground water. DMM has proposed operating procedures for transportation use and disposal of all chemicals and deleterious materials, including solid wastes. DMM has also proposed procedures and criteria for seasonal and permanent closure of the facilities.

DMM’s applications and draft permit are currently available at the DEQ State Office located at 1410 North Hilton, in Boise, Idaho. The contents of the application, with the exception of engineering drawings, and the draft Permit #CN-000030 may also be viewed at http://www.deq.idaho.gov/public/comment/cfm

Public comment(s) on the draft modified permit are due in writing by January 4, 2005. DEQ will consider any written comments and determine if those comments should be specifically addressed in a final permit. DEQ will respond in writing to all written public comments.

For additional information regarding this permit or process, please contact me at (208) 373-0554.

Sincerely, /s/ Bruce A. Schuld, Mine Waste Projects Coordinator, Waste Management and Re-mediation Division



Discussion followed on whether the project would need a permit from Elmore County. The Commissioners instructed Ms. Sharp to prepare a written comment to be submitted and to also check about a permit for the project. Ms. Sharp stated she would bring back a draft of the written comment for the Commissioners review.

A small recess was called.

Regular session resumed, 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