COMMISSIONERS MINUTES
JANUARY 10, 2005
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 Rose, to approve the minutes of December 22, 2004
and December 27, 2004 with two minor changes.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
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.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Motion by Rose, second by Egusquiza, to approve the payroll for December 2004 in
the amount of $309,795.47.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Motion by Rose, second by Egusquiza, to approve the expenses as submitted.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Chairperson Egusquiza read two letters in to the record regarding the proposed
snowmobile ordinance:
Mary,
I ran the notion of the “flag issue” by my boss, who has been in the business
for some 35 years, and it was his belief that there was legitimate need for
flags on shared use roads. Specifically, we fear intersections may severely
limit visibility when snowberms created by plowing were high enough to hide an
approaching snowmobile from vehicles traveling perpendicular to them. As Mr.
Vines mentioned, flags serve very little purpose for snowmobiles/full size
vehicles when they are traveling towards or away from one another, as most of
the flag is masked because of the direction the wind would naturally point it
(straight rearward from the snowmobile). There was a pretty clear consensus from
our staff though, that it would be worthwhile to require flags if you have any
intersection in question though. Ultimately, that decision is for the
commissioners to decide of course.
Should you decide to pursue that option, I have taken the liberty of including a
very similar ordinance from the City of McCall, which addresses the issue for
the aforementioned reasons. They (McCall) also have some guidelines for towing
purposes included in their snowmobile ordinances, which I have highlighted for
your review.
I have tried to make a stab at another option regarding towing, that I think
might serve your purposes. That attempt is as follows......
f. No person shall tow any person or equipment upon a public roadway or highway
by any means other than a rigid tow bar, except in the event of an emergency
dictated by the breakdown of a snowmobile.
The wording for this still allows for sleds to be pulled by search and rescue,
as well as some of the pull behind enclosed carts, as both of those items use
rigid tow bars. It does allow for a variety of methods used to remove
broken-down snowmobiles from the hills however.
Consider all of these suggestions/ideas just that, as I am by no means the
“expert” on these issues. If you have any further questions, or if I can be of
assistance in any way, please feel free to contact me at your convenience.
Sincerely,
/s/ David W. Claycomb, IDPR-OHV Program Manager
(Idaho Department of Parks and Recreation/off highway vehicle program manager)
Mountain Home Highway District
P.O. Box 756, 1560 West 47th North
Mountain Home, Idaho 83647
January 7, 2005
Elmore County Commissioners
150 South 4th East
Mountain Home, ID 83647
RE: Snowmobile Ordinance
Dear Commissioners,
On 6 January, 2005, the Mountain Home Highway District Board of Commissioners
met in regular session. During this session the proposed changes to the Draft
Snowmobile Ordinance were discussed, i.e. whether or not to require the use of
orange flags. Their recommendation is as follows.
Leave the prior Ordinance covering Pine Featherville Road in place, as is, and
omit the flag requirement on the new Ordinance thereby requiring the use of
flags on Pine Featherville Road only.
The main consideration in reaching this decision was the heavy snowmobile usage
on the Pine Featherville Road versus the comparatively light usage on all other
roads covered in the New Ordinance.
Thank you for giving us this opportunity to add our input on this issue. If you
have any questions or concerns please let me know.
Sincerely,
/s/ C. Wayne Tindall
Director of Highways, Mountain Home Highway District
Flags for snowmobiles being operated on public roads was discussed.
Motion by Rose to approve the snowmobile Ordinance with the replacement section
f added. There was discussion on who prepared the proposed ordinance and it was
decided to send the ordinance back to Phil Miller for revision. Motion
withdrawn. The Clerk was given instructions for Mr. Miller.
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
Jo Gridley, Chief Deputy Assessor, was present at the meeting to reply to
questions from the Board. An exemption for Bible Baptist Church was discussed.
Ms. Gridley stated she had just driven by the property and debris was still
evident and the parking lot had not been started. Ms. Gridley stated perhaps the
Board would want to wait until more progress was made before granting the
exemption since they had until May to approve it. Motion by Rose, second by
Egusquiza, to deny the exemption until work on the parking lot has begun and the
debris has been cleared.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
An application from the Kosterman Family Trust & Greg James for property
described as Tax 61, Section 30, Township 3 South, Range 7 East was discussed.
Ms. Gridley explained that only a portion of the building is occupied by the
Idaho Virtual High School and that the exemption should be granted for the
portion of the square footage occupied. Motion by Rose, second by Egusquiza, to
exempt the portion of the leased property that the Assessor feels is applicable
as occupied by the school.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
The matter of tax exemption for John Welch was discussed. A year ago there was
discussion that Prosecutor Bazzoli could look into quiet title action.
Prosecutor Bazzoli states it is a civil matter. Clerk Best was instructed to
speak with Phil Miller to handle the matter which must be done before the second
Monday in July. If Mr. Welch’s deceased Mother’s name is taken off the property
it will be an advantage to the County because Mr. Welch would then qualify for
more exemption from the Homeowner’s Exemption and Circuit Breaker Exemption
which would be less tax the County would have to cancel.
Motion by Egusquiza, second by Ireland, to recess the Board of Equalization and
go back into regular session.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
The Ringert appeal was discussed. The appeal will be moved to 3:00 p.m. on
January 24th at which time Mr. Ringert should be able to attend.
A brief recess was taken. Regular session resumed.
Motion by Egusquiza, second by Rose, to adjourn the session Sine Die.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered
Chairperson Egusquiza administered the oath of office to Commissioner District
3, Connie Cruser and then to Larry Rose, Commissioner District 2. Sheriff Rick
Layher was then sworn in by Chairperson Egusquiza. Prosecutor Bazzoli will be
sworn in by Judge David Epis since he is in trial and cannot be present at the
ceremonies.
The new Board of Commissioners was called to order by Chairperson Egusquiza.
There was discussion on who should be Chair. Motion by Egusquiza, second by
Cruser, to appoint Larry Rose to act as Chair of the Elmore County
Commissioners.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Department and organizational assignments were discussed. The following
assignments were made by the Board:
Commissioner Rose: Growth and Development, Solid Waste, Ambulance and Public
Defender.
Commissioner Egusquiza: Extension Office and Fair, Search & Rescue, Extrication,
Central District Health, E-911 and Sick Leave Bank Representative.
Commissioner Cruser: Plant Facility, Juvenile and Region IV Mental Health, Sage
Resources
There was general discussion about the focus and limits of the department and
organizational assignments.
Treasurer, Rose Plympton, appeared before the Board to discuss the Idaho Circuit
Technology (ICT) property. Rose presented the Board with a worksheet showing
some of the various options available to the Board to explore regarding the ICT
property. Rose stated she was not certain how much discussion the Board had
entered into on what they wanted to do with the ICT property but she hoped the
worksheet would be somewhat helpful to them, particularly with a new
Commissioner on the Board. Rose discussed the various options with the Board.
Rose stated that with the tax deed process starting in her office, they will get
inquiries about what properties the County might be selling and she wondered how
the Board would like her to proceed on the ICT property.
Phil Miller appeared before the Board to discuss various projects he was working
on for the Board. Mr. Miller stated that regarding the County easement and the
Desert Sage Health Center he would not advise the Board to sign the last
document sent by attorney for Desert Sage. Mr. Miller discussed initiating a
formal mediation session on the easement matter. Mr. Miller stated it could be
done either prior to or during the course of a lawsuit being filed. There was
discussion on the matter and the Board told Mr. Miller to work on initiating a
formal mediation session prior to filing a lawsuit since often the Judge will
ask if a formal mediation session has been done, and if not, a Judge will often
suggest doing the session. Other matters discussed with Mr. Miller included the
Snowmobile Ordinance, the Ambulance contract, the quiet title or probate on John
Welch’s exemption, and the ownership questions the Assessor’s office had on
subdivisions. Mr. Miller agreed to work on all the matters and report back to
the Board.
Motion by Rose, second by Cruser, to adjourn for lunch.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - 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 Rose, second by
Egusquiza.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The following decisions were made:
K-11-04-09 Motion by Egusquiza, second by Rose, to deny as not last resource,
applicant failed to come to the interview and we are not the obligated county.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-12-04-01 Motion by Rose, second by Egusquiza, to deny as not last resource,
applicant failed to come to the interview and we have no documentation.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-12-04-02 Motion by Rose, second by Egusquiza, to deny as the application was
withdrawn by the hospital, and Elmore County is not the last resource.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
NM-12-04-06 Motion by Egusquiza, second by Rose, to deny as not indigent.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-08-99-05 Motion by Egusquiza, second by Rose, to subordinate Elmore County’s
lien to Pioneer Federal Credit Union.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Chairman Rose reminded the Board about the public hearings upcoming, one this
Wednesday night at 6:00 p.m. for the Brown Dairy Appeal at the American Legion
Hall, one on January 19, 2005 at 6:00 p.m. for the Rocky Mountain Appeal in the
Commissioner’s Room, and one on January 26, 2005 for the Weitz re-hearing at
7:00 p.m. in the Commissioner’s Room.
Correspondence was reviewed.
A letter to the Highway District regarding dust abatement was discussed. Motion
by Rose, second by Egusquiza, to sign the dust abatement letter to the Mountain
Home Highway District.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza, to go into Executive Session pursuant to
I.C. 67-2345(d) to hold a hearing of reconsideration on an indigent case.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-09-04-02. Present at the hearing were the three
Commissioners, Larry Rose, Mary Egusquiza, and Connie Cruser. Also present were
Indigent Director Marianne Bate, Deputy Prosecuting Attorney Mike Crawford, and
Deputy Clerk Barb Steele. The applicant was not present and the hospital was not
present.
Motion by Rose to issue a final denial on case K-09-04-02 as the application is
incomplete, no interview took place, the applicant and hospital were not present
and there is no way to determine if the applicant is indigent.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Correspondence was reviewed.
Motion by Rose, second by Egusquiza, to go into Executive Session pursuant to
I.C. 67-2345(d) to hold an indigent hearing.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-09-04-03. Present at the hearing were the three
Commissioners, Larry Rose, Mary Egusquiza, and Connie Cruser. Also present were
Indigent Director Marianne Bate, Deputy Prosecuting Attorney Mike Crawford, and
Deputy Clerk Barb Steele. Motion by Egusquiza, second by Rose to postpone the
hearing for approximately two weeks due to a filing of bankruptcy by the
applicant.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
A short recess was called. Regular session resumed.
Jim Haydon, Assessor and Jo Gridley, Chief Deputy from the Assessor’s office
appeared before the Board to discuss one of their staff taking another job
within the County. Jim stated now another girl in his office, Debbie Miller,
wants to apply for the open position within their office due to the pay
increase. The Ms. Miller has been currently training on reading deeds and Jim
and Jo are concerned that all the experience she has learned will have to be
taught to someone else. This is a continuing problem because the wage for her
position is not adequate to keep an employee there. Discussion followed and
Chairman Rose asked Jim and Jo if they had been in contact with our salary
survey company, BDPA, Inc. to see if the step and grade could be raised. Jim and
Jo stated they would not change it. There was also discussion on whether or how
a mid year increase could be given to an employee within the BDPA compensation
guidelines. Clerk Best explained that a step merit raise could be given during
mid year if circumstances were present warranting the increase. Clerk Best
further explained that a grade increase could not be awarded without
re-submission of a job description to BDPA and that BDPA would make the decision
if a grade increase was warranted. There was further discussion. Motion by
Egusquiza, second by Rose, to award Debbie Miller a two step increase in pay,
effective January 1, 2005 if she agreed to remain in her present job assignment.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to recess regular session to convene as a
Board of Equalization.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
A call was placed to the Assessor’s office at 5:05 p.m. There were no additional
appeals received by the Assessor’s office, other than the appeal from Mr.
Ringert. Motion by Rose, second by Egusquiza, to adjourn the Board of
Equalization.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed.
Merrilee Hiler appeared before the Board to ask the Board to reconsider a
decision made during budget time to allow a counseling program as a benefit for
County employees. Ms. Hiler stated that she had calculated if 140 employees were
covered, the counseling service would cost about $2,688.00 per year. Ms. Hiler
stated that there is a lot of workplace stress in today’s world and the benefit
of counseling might be worth considering.
Motion by Egusquiza, second by Rose, to go into executive session pursuant to
I.C. 67-2345(b).
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed. No action was taken as result of the executive
session.
Motion by Egusquiza, second by Cruser, to adjourn the meeting.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY A. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk
