COMMISSIONERS MINUTES                                                         JANUARY 24, 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 Chairman Larry Rose, Commissioners Mary Egusquiza and Connie Cruser. Also present at the meeting was Clerk Gail Best.

Joe Twitchell asked if he could present some material he had to the Board. Mr. Twitchell told the Board he had attended the Western Conference in Casper, Wyoming. The theme of the conference was “Linking Economic and Community Development” and Mr. Twitchell stated it was one of the best conferences he has attended. Mr. Twitchell stated that as part of the conference they formed into roundtable groups to discuss each of their home areas. The discussions were later critiqued by the presenters. Joe said he had told the group that we have an air base and are close to Micron and that Mountain Home could become a bedroom community for Micron. The presenter critiquing his group said Joe should return home to speak to community leaders to see if his community is really what he thinks it is and find out where the County and City leadership really want to go in the future. Mr. Twitchell had a lot of material from the conference he would like to share with the Board when they had more time to review that material. An appointment to do so was scheduled for February 14, 2005 at 3:00 p.m.

Motion by Egusquiza, second by Cruser, to approve the minutes of January 10, 2005 with two minor corrections.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser, to approve the expenses as submitted.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.


Commissioner Egusquiza read the Certificates of Residency into the record: Amanda B. Burgess, Joseph Ryan Anderson, Joseph Donald Bussell, Marria Kathleen Coriell, Kevin Jeremy Curl, Steven Raymond Dastolfo, Teresa Ann Dodge, Daniel Robert Downen III, Danielle Yvonne Duquet, Mark Edward Fischer, John D. Gianelle, Erika Gingerich, Jason Allen Greenfield, Montserrat Guadarrama, Anthony Thomas Hall, Amanda Jo Hamilton, Jessica Marie Hammer, Chris Gerald Hathaway, Richelle N. Heck, Jeffrey Joel Hernandez, Jessica Anne Holmes, Arnold Wayne Hurley, Katie Marie Hurley, Alisha Christine Jewett, Hansel Arthur Kreutzer, Janice Elyssa Le-Bourne/Watson, Michelle Ann Lee, Erin Francis Lewis, Neal R. Lince, Courtney Don Mitchell, Jenna Elizabeth Newton, Carol Ann Pawlisz, Michael Anthony Pearson, Jesse S. Poseley, Sylvia Lacey Marie Pratt, Shannon Leigh Ramsey, Hilda Reyes, Tell K. Riley, Call Ray Robinson, Kathy K. Rumsey, Marcus Dwayne Santistevan, Katie Anne Shenk, Kevin S. Shenk, Allisha Dawn Sievers, Darlene Kay Smith-Gianelli, Joshua Stanek, Gay Swan, Elvis Tapia, Suzie C. Tipton, Nicole Morris Wallace, William A. Washington, Weston Lee Weant, Gloria Werner, Nicole Willis, and Tyler Michael Zamora. Motion by Egusquiza, second by Cruser to approve the Certificates of Residency as read but to have the Clerk check on the status of Joshua Stanek because he will be going to the middle East.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The elected officials and department heads met with the Board for their regular monthly meeting. Tom Gibbon, Chief of Security, told the Board that Shauna Gavin will be transferring over to the jail the end of the month and that a new employee will be replacing her. Mr. Gibbon said his new employee will be transferring over from the jail. Tom reported a new seminar will be coming up on May 18-20th in Reno and he will be sending his new employee.

Dan Collins, Plant Facility Manager, reported to the Board about the last Employee Committee meeting. Dan stated that an education sub-committee was formed to explore in-service educational opportunities for employees. Some of the offerings will be the mandatory safety course by the State Insurance Fund, sexual harassment and secondary supervision by ICRMP. Other possible suggestions are CPR classes and other health related courses, debt retirement, and defensive driving. Members of the education sub-committee are taking other suggestions from the County employees.

Dan also reported new carpet has been installed at the Sheriff’s office and that security card locks have been installed on three doors at the Sheriff’s department. Dan stated that bids have come in for the fencing project for a vehicle storage area at the future jail property.

Marla Spence, Coroner, stated things have been quiet and she had nothing to report.

Bonnie Sharp, Growth and Development Director, stated she was transitioning her new employee into doing the E-911 work. Bonnie reported that the E-911 Board would like Traci to start attending their monthly meetings and also the Street Naming Committee meetings. Bonnie stated she had attended a public hearing in Boise regarding Desert Mineral Mining last week Bonnie stated that most of the testimony offered by residents was against the project. DEQ has extended the comment period until February 4, 2005. Bonnie stated there are issues with water and that DEQ and Water Resources would be glad to come and speak to our Board about it. Bonnie stated she would like some guidance from the Board about how to handle some specific complaints from neighbors who are having disputes with each other. Chairman Rose stated that if there is a complaint from a neighborhood and she investigates the complaint and it is a violation, others in the neighborhood that are in violation as well, should also receive a citation.

Laytreda Schultz appeared before the Board with some grant paperwork to be signed. Motion by Egusquiza, second by Cruser to direct the Chair to sign and approve the $7,500.00 grant and application for snowmobiles and equipment from the Department of Parks and Recreation for the Sheriff’s Department.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser, to direct the Chair to sign and approve the $44,260.00 grant for a jet patrol boat for the Sheriff’s Department.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Rose Plympton, Treasurer, stated that her office has sent out twenty-three Notices of Pending Issues regarding the 2001 tax year. They are hoping to narrow that number down prior to the actual tax deed process. Rose also asked Chairman Rose to stop in her office so that she and Ms. Jo Gridley of the Assessor’s office could speak to him about some property in Glenns Ferry prior to proceeding with the process any further.

Jim Haydon, Assessor, stated that the State Tax Commission had been here the previous week checking their numbers and they felt all was in order. In the valley the Local Cost Modifier will be about five percent. Jim reported that his staff is busy working on getting the new construction completed.

Ted Knudson, of the Juvenile/Probation Department, stated he had received a letter from ICRMP that Elmore County had won their case in the Stowell matter. Ted also gave the Board his November and December activity reports and an accounting of what was purchased with the remaining 2004 grant money. A part-time employee’s wage was also discussed. Clerk Best explained that part-time employees are not part of the step and grade chart, but are paid hourly and that if Mr. Knudson wanted to increase the employees pay to simply do so with a request to payroll, as long as his budget had the funds to cover it.

Kathy Wyllie, Executive Director for the Fair, appeared before the Board. She congratulated Chairman Rose on his appointment to the Chair, Commissioner Cruser on her election as Commissioner, and Commissioner Egusquiza on her willingness to be the Board’s representative for the Fair once again. Ms. Wyllie submitted a voucher for payment to Bideganeta Construction for work on the grandstands. A building permit from the City of Glenns Ferry for work at the fairgrounds was discussed. Ms. Wyllie stated she and Commissioner Egusquiza had met with the attorney representing the Fair to discuss the accident that occurred at the rodeo. Mountain Home Chamber of Commerce dues were discussed and Clerk Best stated she would check to make certain those dues were paid in 2004.

Richard Appleton, 2700 W. 36th South and Tom Hinkler, 7475 W. 36th South, appeared before the Board to discuss the Alvers and TLK Dairies. Mr. Appleton stated that on January 10th there was a terrible odor problem from the two dairies. The temperature that day was 45 degrees and there was a 10 mile per hour wind. Mr. Appleton and Mr. Hinkler drove over to the dairy sites and observed that there was a 15 foot pile of manure at the Alvers Dairy and a 10 foot pile of manure at the TLK Dairy and that is where the odor was coming from. Both piles of manure had cows standing on them. The two men immediately made a complaint to Growth and Development. Ms. Sharp was not present in the office that afternoon. The next day Ms. Sharp had driven over to check on the odor problem and reported she did drive by with the windows open and didn’t smell anything as she drove by but Mr. Appleton stated that day was only 25 degrees and there was a different wind direction. Mr. Appleton added that the manure piles were inside the pens with cows and not piled in a containment area. Mr. Appleton stated that they did not feel Ms. Sharp did their complaint justice.

Bonnie Sharp responded that she was not in the office when the complaint came in, but the very next morning she did get in the car and drove out to Beet Dump Road and drove the length of that road with the car windows open. Ms. Sharp stated that she did not smell anything offensive as she drove Beet Dump Road that morning, perhaps a smell of an agricultural area but certainly nothing that was offensive. Ms. Sharp stated that the Alvers Dairy is actually the Opendyke Family Dairy now. Piling of manure on areas where cows can stand on it was discussed. Temperature changes and wind directions were discussed. Mr. Appleton inquired whether or not TLK Dairy has applied for a permit to have more cows and Ms. Sharp stated that they had not. Notification of such an application was discussed and Ms. Sharp stated she would be happy to see they were notified as a courtesy.

Motion by Rose, second by Egusquiza, 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 Social Services 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-12-04-03 Motion by Rose, second by Egusquiza, to deny as an incomplete application, and no proof of residency.
ROSE - AYE
EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

K-12-04-05 Motion by Rose, second by Egusquiza, to deny as not indigent, no interview, and application is incomplete.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-12-04-07 Motion by Egusquiza, second by Cruser, to deny as not last resource, and the application was withdrawn.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-01-05 Motion by Egusquiza, second by Rose, to approve with a reimbursement order of $150.00 per month.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-10-04-02. Present were Chairman Rose, Commissioners Egusquiza and Cruser, Social Services Director Marianne Bate, Deputy Prosecuting Attorney Teri Kaptein and Deputy Clerk Barb Steele.

Ms. Bate gave a brief overview of the case.

Motion by Egusquiza, second by Rose, to issue a final denial, the applicant never appeared for an interview and indigency cannot be determined.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-10-04-03. Present were Chairman Rose, Commissioners Egusquiza and Cruser, Social Services Director Marianne Bate, Deputy Prosecuting Attorney Mike Crawford, Deputy Clerk Barb Steele, Tanya Holten and Raven Wilkerson from Saint Alphonsus Regional Medical Center. Ms. Bate gave a brief overview of the case. Ms. Holten asked for a continuance of the case. Motion by Egusquiza, second by Cruser, to continue K-10-04-03 to February 28, 2005 at 1:30 p.m.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.


Still in Executive Session a hearing was held on K-09-04-05. Present were Chairman Rose, Commissioners Egusquiza and Cruser, Social Services Director Marianne Bate, Deputy Prosecuting Attorney Mike Crawford, and Deputy Clerk Barb Steele. The applicant was not present. No representatives from the hospital were present. Ms. Bate gave a brief overview of the case. Motion by Egusquiza, second by Rose, to issue a final denial as applicant is not indigent on K-09-04-05.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Stefanie Kazyaka gave the Board a report on the 2004 Elmore County Christmas Party. The party was attended by 45 employees and 27 guests. The budget for the party was $2,500.00, and $400.00 was collected for guests. Expenses for the party totaled $2,724.20. The Board complimented Stefanie on the great job she and Jody had done on the Christmas Party once again and stated that a good time was had by all that participated. Commissioner Egusquiza remarked that the centerpieces were particularly beautiful at this year’s party.

Motion by Rose, second by Egusquiza, to recess from regular session and reconvene as a Board of Equalization.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

William F. Ringert, P.O. Box 105, Hammett, Idaho, 83627, owner and manager of Cold Springs Winery, L.L.C. appeared before the Board to present his appeal to the assessment of his winery’s personal property. Mr. Ringert showed the Board a copy of his list of equipment for the winery and stated that the Assessor is chopping off agriculture when the cluster of grapes comes off the vine. Mr. Ringert stated that Idaho Code §63-602EE (Property exempt from taxation - Certain personal property) is what he is looking at which states “The following property is exempt from taxation: class 2 property that is agricultural machinery and equipment and exclusively used in agriculture during the immediately preceding tax year. For purposes of this section:
(1) Agricultural machinery and equipment shall mean any machinery and equipment that is used in:

(a) Production of field crops including, but not limited to, grains, feed crops, fruits and vegetables or the production of or caring for nursery stock as defined in section 22-2302, Idaho Code.” Jo Gridley, Chief Deputy Assessor stated that the grapes are used for wine and the equipment in question is not the harvesting equipment but the production equipment that is used in producing the wine itself. Mr. Ringert said that the Assessor’s office has not ever told him they don’t consider wine made from grapes as an agriculture use. Mr. Ringert stated, in his opinion, the key phrase here is “production”. Mr. Ringert asked that the items listed on the list be declared exempt except the first three items which are tools. Victory Gaffin, Personal Property Appraiser, stated she had used the list provided by Mr. Ringert to do the assessment. Ms. Gridley stated that Henry Nagel of the State Tax Commission agrees that this winery equipment should be picked up. The Assessor’s office also has checked with the other counties that have wineries and all of them are picking up the winery equipment. Ms. Gridley stated that some equipment is to harvest the field crop and that equipment is ag but the rest of the equipment, after the harvest is processing equipment to make the wine. Assessor Haydon asked Mr. Ringert if his grapes were strickly for wine and Mr. Ringert stated they were. Mr. Haydon stated “so then they aren’t a food”? Mr. Ringert replied that actually wine is a food. Ms. Gridley asked so what if someone just processed bottled wine with grapes that someone else had grown - should their wine equipment be exempt? Mr. Ringert stated his business was a totally integrated process from start to finish. There was more discussion on the processing and Mr. Ringert passed around some brochures to the Board detailing the steps that are taken in the wine production process from start to finish. Commissioner Rose asked what made the wine processing any different than grain? For example, Commissioner Rose stated, when the grain is harvested, bailed etc and hauled off to make bread, cookies or cupcakes should that process be agriculture and the bread, cookies and cupcakes exempt? There was further discussion and the appeal hearing was closed.

The Board of Equalization then took up the matter of the tax exemption for Colleen Sandra Hannigan, 1155 American Legion. Jo Gridley, Chief Deputy Assessor and Teri Lasuen, Chief Deputy Treasurer were present. Ms. Lasuen briefed the Board on the events thus far in working with Ms. Hannigan on the 2001 taxes. The Board reviewed the application and found it was not complete nor signed. Ms. Hannigan was not present. The Board asked that a letter be sent to Ms. Hannigan stating that she complete and sign the exemption form and make an appointment with the Board to discuss the matter. Ms. Lasuen volunteered to do the letter for the Clerk’s signature to Ms. Hannigan.

Motion by Rose, second by Egusquiza, to uphold the Assessor’s Personal Property assessment for Cold Springs Winery, L.L.C.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session was resumed.


Philip Miller appeared before the Board during the public portion of the meeting. Mr. Miller did an update for the Board on the various projects he has been working on for the Board. Mr. Miller reported he had met with John Welch to determine whether a probate or quiet title would be the best solution to remove Mr. Welch’s deceased Mother from the title to the property. Mr. Miller reported that the snowmobile ordinance had been e-mailed to Clerk Best today. Mr. Miller stated he has been in contact with the attorney for Desert Sage Health Center and she seems to be in favor of mediation on the matter but she will consult with her client and get back to him. The Board thanked Mr. Miller for all his work on these matters.

Hal Franck appeared before the Board announcing he is a public citizen who resides in the Mountain Home area. Mr. Franck read a memorandum into the record:

January 24, 2005

MEMORANDUM FOR: Elmore County Commissioners
FROM: Hal Franck
SUBJECT: Updated briefing on the situation at Silver Sage Real Property Owners Assn. Inc., with the Board of Directors

The following is an update on my verbal report to the Commissioners during the public period at last months meeting when I reported on the impropriatory actions of the Silver Sage Real Property Owners Association, Estates Subdivision. (Plat is Attached for reference):

a.) Four (4) complaints were filed with the Elmore County Development Services during the early stages of this month. The director did an onsite review of those complaints and an investigatory briefing was provided to me verbally a few days ago. Letters to the perpetrators are being written for corrections.

b.) I have written two (2) letters early this month to the treasurer of the subdivision who is a board member and an officer of the Corporation, requesting financial documents according the by laws of the Association, but no reply was received as of this date.

c.) Because annual audits, that is a requirement of the Corporate bylaws have not been conducted for the previous four (4) year period, I am preparing and filing a consumer protection complaint with the Idaho Attorney General Consumer Protection Unit. And will follow up the consumer complaint with a small claims suit seeking funds with which to conduct the audits.

d.) I have discussed this matter of the encroachment of the fence in the middle of the street of the subdivision with Senator Tim Corder. While serving as Commissioner of the Mountain Home Highway District, he recalled a memorandum, that was drawn and mailed to the perpetrator of the “fence in the street within the subdivision” advising same that: “the encroachment in the street” must be moved and the streets need to be brought up to county highway standards prior to being accepted for highway district maintenance.

On a lighter note, I have had excellent cooperation with the director and the staff at Development Services in all matters of concern.

Thank you for your patience & time, I am now open to questions.


The Board thanked Mr. Franck for the update.

Lynn McCallum, Jail Captain appeared before the Board to discuss several issues. Captain McCallum asked the Board if Art Manchester , who recently retired from law enforcement after 31 years could be hired to help with the SILD program on Judy Hoover’s days off. Captain McCallum stated Mr. Manchester is desiring to supplement his retirement by working limited hours and he has been hired to be a Saturday jailer. Clerk Best asked how may hours the Saturday jailer shift would be? Captain McCallum stated it would be an eight hour shift and Clerk Best stated that Mr. Manchester could work up to 19-1/2 hours per week if the Board wanted to hire him to help with the SILD program on Judy Hoover’s days off. There was discussion. Motion by Egusquiza, second by Cruser, to hire Art Manchester to work on the SILD program on Judy Hoover’s days off, as long as in combination with the jailer position of eight hours on Saturday’s Mr. Manchester did not work over 19-1/2 hours per week.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Board asked if Mr. Manchester would take care of the paper work when Judy Hoover was off and Captain McCallum stated he would. Hourly rate of pay for Mr. Manchester was discussed and it was agreed that Mr. Manchester would be paid $9.00 per hour.

The Jail Bond Election was discussed with Captain McCallum and suggestions for citizens to serve on the committee were listed. Clerk Best will invite people to participate by letter. The Board decided to consider the matter further and get any additional names to the Clerk as soon as possible.

Chairman Rose read the tax cancellations into the record: No. 749 Tim Oller $19.84, #750 Chris Brown/Richard & Chris Dacheff $547.86, and No. 751 Roy Slover $526.56 for a total of $1,094.26. Motion by Egusquiza, second by Cruser, to approve the tax cancellations as read.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Safety Resolutions received from other counties were discussed. The Clerk was asked to place safety resolution on the next agenda.

Commissioner Cruser stated she had reviewed the EAP proposal submitted by the Employee Committee and she thought the proposal had merit. The Board asked that the EAP proposal be placed on the next agenda and that Clerk Best check to see how much counseling is available to employees from our present Blue Cross plan.


Correspondence received by mail was discussed. Clerk Best was asked to reply to Tim Corder’s letter asking that he make an appointment with the Board, at his convenience, on April 11th or 25th.

Motion by Egusquiza, second by Rose, to adjourn the meeting.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk