COMMISSIONERS MINUTES
DECEMBER 27, 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 December 13,
2004.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza, to approve the expenses as submitted.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to approve the liquor license for the City
of Mountain Home doing business as Desert Canyon Golf Course.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza, to sign the letter to the Department of
Agriculture regarding Mad Cow Disease.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Chairperson Egusquiza stated that Mir Seyedbagheri had come to her with a
Noxious Weed Grant the prior week that was at the deadline for submission.
Chairperson Egusquiza stated she did sign the grant so it could be submitted on
time and just wanted some mention in the minutes that she did have the support
of the other Board members. Motion by Rose, second by Ireland, to approve the
Chair signing the grant for Noxious Weed so that it could be submitted on time.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Rose, that the Chair sign the Amendment of Request
for Application/Modification of Assistance Agreement for the Bureau of Land
Management.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed.
Motion by Egusquiza, second by Ireland, to go into executive session pursuant to
I.C. 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the executive session.
The elected officials and department heads met with the Board for their regular
monthly meeting. Clerk Gail Best stated she had nothing to report.
Prosecutor Bazzoli stated the Ciccone case is coming up soon and he has had
motions from the Defense to respond to and is busy with pre-trial activities.
The Prosecutor stated he will not be available a lot in January except for the
Wednesday night hearings that have been scheduled.
Treasurer Rose Plympton stated her office has been very busy finishing off the
largest tax drive ever. Rose reported that the collection was over seven
million, the largest collection ever.
Dan Collins, Plant Facility Manager, stated that he has gotten price quotes to
put up temporary parking at the 8th Street Property. Dan plans to build a 50x100
foot lot, gravel with chain link fencing topped with barbed wire and security
lighting. Dan feels $7,000.00 is the preliminary price tag for the property. Dan
stated the lot will help free up some parking in the lot next to Growth and
Development. The lot will be used for vehicles that are seldom, if ever, driven.
Dan also thought perhaps the spray truck for weed control could be stored out
there during the winter months. Dan will talk to the City about a building
permit and will ask for a waiver of the fee. Parallel parking on the South side
of the courthouse campus was discussed and Dan will approach the City on that
issue in the spring.
Bonnie Sharp, Growth and Development Director, reported that the Planning and
Zoning Commission is working on the Planning and Zoning Ordinance. Bonnie
reported she had attended the Southern Regional Directors Group meeting last
week in Twin Falls and she told the Board she really had learned a lot.
Marla Spence, Coroner, reported to the Board that she had been keeping busy.
Chairperson Egusquiza stated she had received a telephone call last week to
inquire if Marla could use the Suburban to transport bodies for autopsy or not.
Marla stated she can, and actually did do so last week. The Board asked Marla if
the vehicle was working out for her and Marla replied it was.
Mir Seyedbagheri, County Extension Agent, brought the Board his activity report
dated December 27, 2004. The Board reviewed the report with Mir. Commissioner
Ireland asked how all the mild weather is effecting the Mormon Crickets? Mir
stated not good and that the area needed a good, hard freeze. Commissioner
Ireland asked what about the bait? Mir stated we will have plenty of bait when
we need it.
Dan Collins returned to talk about the parking proposal. Dan stated he was going
to put it on the right hand side as you come in from the 8th Street Side. Motion
by Rose, second by Egusquiza, to allow Dan to start the parking lot at the old
Leydet property.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Safety Training was discussed and it was decided that the training should be
held within the first quarter of the calender year. It was also decided that the
employee committee should be asked to come up with some ideas for health and
safety programs for the employees.
Motion by Egusquiza, second by Rose, to go into Executive Session pursuant to
I.C. 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed, no action was taken as result of the executive session.
Sheriff Layher spoke to the Board regarding snowmobiles. Sheriff Layher stated
that his deputies in the Pine/Featherville/Prairie patrol area really needed
snowmobiles in order to operate in the winter months.
Brett Silvers spoke to the Board about the trash hauling contract. Mr. Silver
stated the King Hill Site is really a mess. There was discussion on mounting
cameras at the sites which included Sheriff Layher, Mr. Silver and the Board.
The type of cameras needed and where and how to mount them was discussed.
Sheriff Layher stated he would visit the King Hill and Hammett sites on his
lunch hour.
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 Commissioners met in Executive Session pursuant to I.C.
67-2345(d) on a motion by Egusquiza, second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Indigent Director Marianne Bate was in jury duty and Jacqueline Strasser, her
part-time assistant, was present. The following decisions were made:
K-08-04-09 Motion by Rose, second by Egusquiza, to approve on reconsideration
with an order for reimbursement.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-11-04-04 Motion by Egusquiza, second by Rose, to deny as application is
incomplete, the County is not the last resource, and no interview.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-11-04-05 Motion by Rose, second by Ireland, to approve with a promissory note
and tax refund assignment of 50% yearly until paid in full.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-11-04-06 Motion by Rose, second by Egusquiza, to deny as an incomplete
application.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
George Bennett was present to discuss Resolution No. 132-91. In this Resolution
dated October 1, 1991, it states that Elmore County will subsidize the Grandview
QRU (Quick Response Unit) Volunteer Emergency Ambulance Service in the amount of
One Hundred Dollars ($100.00) per month to compensate for services provided
within the geographic confines of the County of Elmore. For the first six months
after the Resolution was passed the $100 per month was paid to the Grandview QRU
Unit. Since then, no money has been paid. Discussion followed on why. Different
scenarios were discussed, ranging from submitting a claim form to the director
of the QRU Unit leaving approximately at that time. Mr. Bennett explained how
the Owyhee County Commissioners have been helping the unit, with a grant for a
new ambulance and extrication equipment back in 1999 and the Fire District had
been paying their insurance. Mr. Bennett stated the whole crew was volunteer and
no one wanted to be compensated. The Commissioners focused on the insurance for
the unit, and if they could add it to the County’s ICRMP Insurance policy would
that compensate the unit in reference to the Resolution? Discussion followed on
State and Federal regulations on ambulance services. It was decided that Clerk
Best will be advised to check on the insurance with ICRMP.
At 2:00 p.m. the Commissioners met in Executive Session pursuant to I.C.
67-2345(d) to hold a reconsideration hearing on K-08-04-07 on a motion by
Egusquiza, second by Ireland.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Present at the hearing were the three Commissioners, Prosecuting Attorney Aaron
Bazzoli, Jacqueline Strasser from the Indigent’s office, and Deputy Clerk
Barbara Steele. No representatives from the hospital nor the applicant were
present. Prosecuting Attorney Bazzoli stated the County has had no contact with
the applicant, many attempts had been made and we don’t have a good address for
the applicant.
The hearing was closed.
A public hearing was held on an application to change the name of East Fink Road
to East Henry Jones Road. The request was from Kenneth Jones. This road is an
East/West running road located in Section 18, Township 5 South, Range 11 East
and Section 13, Township 5 South, Range 10 East in King Hill, Idaho.
Kenneth Jones of 12600 W. Goldenrod, Boise, Idaho, appeared before the Board to
testify. Mr. Jones stated his grandfather was Henry Jones and he came to Elmore
County in 1908. He testified on the history of his family in King Hill and asked
the Commissioners to grant the application of the road name change.
Bonnie Sharp from the Growth and Development Department came forward and stated
there was one person who had attended the Street Naming Committee hearing who
objected, but did not come to the following meeting. The Street Naming Committee
recommends the road name change.
The Commissioners had no questions and Chairperson Egusquiza asked if anyone
else would like to testify. Being there was no more testimony the hearing was
closed.
Motion by Rose, second by Egusquiza, to change East Fink Road to East Henry
Jones Road.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to approve the transfer and new 2005 liquor
license for MHCS doing business as Airbase Road Chevron.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Ireland, to adjourn the regular session and
convene as a Board of Equalization.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The Board of Equalization considered an application for property tax exemption
submitted by Desert Sage Health Center, 2280 American Legion Blvd. described as
Section 30, Township 3 South, Range 7 East. Motion by Egusquiza, second by Rose
to accept and approve the application for exemption for Desert Sage Health
Center.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to adjourn as a Board of Equalization and
return to regular session.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Discussion followed on the proposal from Gil Walker on engineering fees he is
charging as the County Engineer. Clerk Best spoke to Jo Gridley in the
Assessor’s office and Jo stated her office was O.K. with the proposal. Clerk
Best will send Gil Walker a letter accepting the proposal.
There was general discussion on grants that may be available for warming huts
for snowmobile trails.
A public hearing was held to hear testimony on adopting an Ordinance
incorporating enactments of the Mountain Home, Atlanta, and Glenns Ferry Highway
Districts allowing operation of snowmobiles on certain public roadways;
regulating the use thereof and providing for enforcement and penalties. The
Ordinance shall be known as the Elmore County Snowmobile Ordinance.
Chairperson Egusquiza read a letter into the record from Randy Pollard,
Superintendent of the Glenns Ferry Highway District:
December 14, 2004
Board of Elmore County Commissioners
Elmore County Court House
150 S. 4th Street
Mountain Home, Idaho 83647
Ref: Snowmobile Ordinance
Dear Commissioners,
As the monthly December Meeting of the Commissioners of Glenns Ferry Highway
District your proposed Snowmobile Ordinance was reviewed. The Commissioners have
no objections to this Ordinance as it was presented.
If you have any changes or further questions please advise our office.
Sincerely,
/s/ Randy Pollard-Superintendent
Glenns Ferry Highway District
Jim Vines, 1810 North 12th East, Mountain Home, stated he totally agrees with
snowmobiles being on public roads. Mr. Vines asked if the ordinance would cover
from Highway 20 on? The Board stated it would. Mr. Vines stated the snowmobilers
need another place to park so they are not on the road and don’t get ticketed.
There was discussion on possible locations for that parking. Commissioner
Ireland stated that they need to petition the Glenns Ferry Highway District to
do that.
David Claycomb, Off-highway vehicle program manager for Idaho Parks and
Recreation, who lives at 5657 Warm Springs Blvd, Boise, stated he had a question
on Section 4, Item f on page 3. Mr. Claycomb stated that typically a snowmobile
would not carry a rigid tow bar and that there are many methods to tow a
disabled sled, including a chain. Mr. Claycomb volunteered to work on possible
wording for section f after researching what other counties require in the
State. Mr. Claycomb stated he also had a question on Section 4, Item b. Mr.
Claycomb asked if the requirement for the orange flag only applied to public
roads. The Board said that was the intent, and Mr. Claycomb pointed out that the
section 4 opening paragraph stated “any public roadway, highway, or other public
property” so he thinks the other public property probably should be stricken.
Mr. Claycomb stated he supports item i, but doesn’t think any other County in
the State has the provision for safety helmets. Mr. Claycomb asked what Item j
meant? Commissioner Ireland stated it means not to run on bare ground.
Charlie Ann Vines, 1810 N. 12th East, Mountain Home, stated she would like to
ask a question. Does this ordinance cover from the Elks Feeding Ground to
Featherville. Wayne Tindall of the Mountain Home Highway District who was in the
audience stated that Pine/Featherville was covered in prior ordinances. Any
roads that have been closed due to winter weather conditions already were also
covered.
Jim Vines stated that off-road the rigid poles for the orange flags are
dangerous. Mr. Vines added that he has never seen a collapsible pole. There was
discussion about ways to rig up a collapsible pole and then what do you do with
the pole after you leave the road. Mr. Vines stated that the rigid pole, if you
had an accident off road, could go right through the rider.
Carl J. Vaughn, 1485 N. 9th East, Mountain Home, who works for the Idaho
Transportation Department stated that he was a certified snowmobile police
officer in Michigan. Michigan has discontinued use of the orange flags because
it was proven that the flags don’t save lives. Mr. Vaughn stated that the
headlights on the new machines are so bright that they are easily seen. They
also use clip on lights clipped to their helmets in Michigan.
David Claycomb stated he will also e-mail other directors in Idaho counties to
see what they have on the use of the orange flags.
There being no further testimony, Chairperson Egusquiza closed the public
hearing leaving it open to receive further written testimony until January 10th.
Marsa Grimmett, an employee of District Court, appeared to discuss an issue she
was having with her boss, Clerk Best. Ms. Grimmett explained she has been
attending Boise State and will be starting her last semester in January. She
stated Clerk Best notified her last week that she will not allow her to use
vacation time to attend class. Ms. Grimmett stated she has school loans and has
registered for classes and she is wondering if anything can be done to remedy
the situation. Commissioner Rose stated that it was recently discovered that Ms.
Grimmett had used sick leave, vacation and compensatory time for class. Sick
leave is now off the table according to Ms. Grimmett since Clerk Best told her
she could not use sick leave, the vacation leave is the issue. Ms. Grimmett
brought the Board a letter from Judge Sellman written to Clerk Best urging her
to allow Ms. Grimmett to attend school.
Clerk Best stated that Ms. Grimmett’s winter schedule required much more time
away from work than previous schedules and that she could not allow her to be
gone so much because other employees would have to cover for her. Clerk Best
added that prior to October there was more flexibility because it was a 35 hour
work week rather than the present 40 hour week. Clerk Best also stated she felt
Elmore County would be setting a precedence she was not willing to set. Clerk
Best stated she would agree to allow Ms. Grimmett to take classes but she could
not use vacation time and she would be paid hourly for only the hours she
actually worked. If Ms. Grimmett worked at least twenty hours per week her
benefits would be preserved. Clerk Best stated she felt this was more than fair.
The Board stated they could not interfere with the Clerk’s decision on the
matter and that Ms. Grimmett would have to work the situation out with the
Clerk.
Rick Layher, Sheriff, appeared before the Board to talk about obtaining some
snowmobiles for use in the hills. Sheriff Layher stated that Parks and
Recreation are not inclined to help out with the equipment he needs. Sheriff
Layher asked if there was Tier III funds left that could be used and if there
was none left, when would the new money be coming in? There was lengthy
discussion on the snowmobile issue without anything being resolved. Sheriff
Layher stated he just felt bad that people were getting hurt and his deputies
did not have the means to reach them. The Board suggested that Sheriff Layher
use his own budget to purchase the snowmobiles.
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
