Commissioner's Minutes 02-28-05

COMMISSIONERS MINUTES FEBRUARY 28, 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 were Clerk Gail Best and Prosecutor Aaron Bazzoli.

Motion by Rose, second by Cruser to approve the minutes of February 14, 2005. There was discussion. There were two corrections to the minutes.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Ed Frachiseur, Tina Welch, and Steve Stephens appeared before the Board to discuss Public Defender issues. Mr. Frachiseur stated that Mr. Stephens would be leaving the County to pursue a career advancement in Boise, and that would leave the Public Defender’s office short one attorney again. Mr. Frachiseur stated that they have been advertising for two weeks already and have not received any expressions of interest. Mr. Frachiseur stated generally when they have advertised there have been many replies so he feels this is unusual. Mr. Frachiseur said even when someone is hired, they will require a training period before they can handle court cases without supervision. Mr. Frachiseur stated he is going to need an attorney to help with the work load temporarily. There was discussion. Motion by Egusquiza, second by Rose, to ask Terry Ratliff to provide public defender services for the overload in the Public Defender’s office until there is a full staff once again.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Department Heads and Elected Officials met with the Board for their regular monthly meeting. Marla Spence, Coroner, reported that all is working fine in her department and that the office is running smoothly.

Gail Best, Clerk, reported on educational classes for employees that have been set up to be held in March. There will be a class for supervisors and secondary supervisors to be held on March 10th and a class to prevent sexual harassment to be held on March 29th. Clerk Best stated the Board would like department heads to make the harassment course mandatory to their employees. Gail also discussed some holiday pay that had accumulated when Lisa had transferred from the Jail over to the Courthouse security position.

Dan Collins, Plant Facilities Manager, stated he had discussed some of the health education suggestions the employee committee had with Commissioner Cruser to see if she might be able to assist with a health fair for the employees at some future date.

Jim Haydon, Assessor, delivered an exempt property list to the Board for their review. The Board will get back with the Assessor’s office should they have any questions. Commissioner Cruser asked about the strip of property that is by the underpass and did the Assessor know the ownership of that strip of property that seemingly is being used mostly for bar patron parking. Jim stated that he believes the Idaho Transportation Department is the owner of the property, and he believes the City of Mountain Home is interested in acquiring the property for extra parking in the downtown area but isn’t sure just where they are on it. Mr. Haydon stated his staff is busy working on getting the property roll calculated.

Rose Plympton, Treasurer, stated that she had discussed two trailers that had to be removed and junked several months ago. The Sheriff had contacted Jim Bingham who was going to remove the trailers from their site and haul them away. Now Mr. Bingham is gone and Rose would like to have Rick take the warrants back and get someone else to remove the two trailers. The Board told Rose to go ahead and contact Sheriff Layher to get someone else to take care of removal. Rose also inquired how offices handle requests to fax information or make copies. Rose stated that she had an inquiry from the Attorney General’s office requesting information that in part she could supply but the other part came from another office. The other office has a policy to charge the person requesting the information. Clerk Best stated that she never charges another governmental agency for faxes, copies or even recording. There was discussion regarding whether a County policy should be established to cover these issues. Assessor Jim Haydon suggested that the officials and department heads schedule a meeting to discuss the issue and come up with a policy.

Bonnie Sharp, Growth and Development Director, stated that on March 2nd, the Planning and Zoning Commission would make a decision on the Rhead Dairy. Bonnie reminded the Board that the Rhead Dairy is a little different because the site suitability had come back with a moderate rating. Bonnie also stated that Colonel Lemmon from Mountain Home Air Force Base had submitted a letter in opposition to Rhead Dairy but the letter had been received too late for the comment period so she had sent it back to Colonel Lemmon stating she could not accept it. Bonnie then gave the Board a general report on the dairies and reported that there is nothing new to report on the mining issues.

Ted Knudson, of the Juvenile/Probation office gave the Board a copy of his January activity report. Ted reported that now they have a representative on the Children’s Mental Health Board. Commissioner Egusquiza asked who that representative was and Ted reported it is Stephanie. Ted reported the Victim Offender Mediation is all ready to go.

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

Brett Silver appeared before the Board to discuss trash hauling issues. Mr. Silver stated he had talked with Sheriff Layher about Hammett and King Hill collection sites to see if some enforcement could be done. The Board discussed the camera equipment they were purchasing for the King Hill site. Mr. Silver reported that the SILD program had done some cleanup at some of collection sites. Mr. Silver asked if, in the long term, the Board thought recycling would work at the collection sites and the Board stated they doubted it would work since they can’t even keep the sites presentable. The Atlanta collection site was discussed, there is a hole in the roof again which Bob Bartimoccia will arrange for repair work.

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 Elmore County 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.

Indigent cases were discussed.

Regular session resumed.

Mary Ann John appeared before the Board regarding an application for Extraordinary Exemption for Colleen Hannigan. The application is for cancellations of 2001 property taxes. The Commissioners asked her questions regarding Ms. Hannigan’s application. The Commissioners thanked Ms. John for coming in and said they would possibly make a decision later in the day.

Jim Noland and Dave Kenney, with the Elmore County Search and Rescue, appeared before the Board with their Title III list of equipment they need. Discussion followed and Chairman Rose asked what their top priorities were. Number one was the Ski-do snowmobile, number two was a two place snowmobile trailer, number three - 3 replacement litter baskets, number four - GPS, replace (6) older units with new GPS technology and Number 5 would be to cover the yearly satellite phone bill. Discussion followed on rescues, beacons, etc.

Commissioner Egusquiza asked where Search & Rescue was in regard to possibly sharing a portion of their building with Extrication. There was discussion on in-kind donations such as trusses and lumber in relation to actual cash money for construction of a building. There was discussion on the new Emergency Services Building recently constructed in Grand View and whether something similar might be done in Elmore County, giving each entity their own space. Sheriff Layher and Commissioner Cruser will look into the availability of grant money that might be obtained.

Chairman Rose read the tax cancellations into the record: No. 752 Payday Loans $30.22, No. 753 Wells Fargo Equip Finance $1,894.36, and No. 756 Scott R & Lynn M. Schenk $123.12 totaling $2,047.70. Motion by Rose, second by Cruser to approve the tax cancellations as read.
ROSE - AYE

EGUSQUIZA - ABSENT
CRUSER - AYE Motion carried and so ordered.

The Weitz and Company public hearing was discussed. Prosecutor Bazzoli went to get the transcripts from his office. Clerk Best called Deputy Clerk Steele to come and get the transcript to make copies. The Comprehensive Plan versus the Ordinance was discussed, and the relationship to the Area of City Impact. The Board stated they would like time to be able to review the transcript copies and the decision on the public hearing was tabled.

Karl and Carrie Vogt, 1404 Clearcreek, Boise, Idaho, representing Northwest Paramedics appeared before the Board to finalize the contract and discuss ambulance matters. Mr. Vogt stated that the ground transfers have increased again during February from the level of transfers made during the first quarter of the year. The contract was reviewed by all the parties. Motion by Egusquiza, second by Rose, to accept and sign the Contract for Ambulance Service between Elmore County and Northwest Paramedic Associates, Inc. There was discussion. Mr. Vogt stated he would like to discuss the free air service they would like to offer for residents of Elmore County. The Board stated they felt there should not be a mention of that included in the contract, but that NPA could do that offer and present it to the public in whatever manner they felt appropriate.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

There was discussion on NPA receiving part of the Homeland Security Grant funding. Chairman Rose stated he did not feel they should be approved for any of that grant money. There was discussion. Alan Roberts, who was in the audience, asked Chairman Rose if he could come forward and speak about that issue. Mr. Roberts clarified how the grants are distributed, the share each County gets is based on population - Elmore County will receive $190,000.00 and there was a meeting of all the entities to turn in their want lists. The lists are then submitted to Homeland Security who decides how the grant money will be used, with items for large disasters with many victims getting priority for the funds. The items NPA asked for were jackets for their staff and two defibrillation units, which were not considered as items for large disasters with multiple victims. Carrie Vogt stated she had misunderstood how the money was distributed.

Alan Roberts, Chuck VanMeer, and Bonnie Sharp appeared before the Board to discuss addressing on roads like Sunset Strip that begin in the City and continue into the County. Alan and Bonnie stated Sunset Strip is the worst case scenario for problems, and although the local emergency units are familiar with the residents along Sunset Strip, ambulance personnel are not. The County portion of Sunset Strip has been addressed, but not the City which has resulted in the numbering system starting all over again once you reach the County. Mr. Roberts stated his fear is that a resident will require an ambulance because of a heart attack or something in the middle of the night and the ambulance crew will be unable to locate them. Commissioner Egusquiza asked what about 18th, North 3rd East and McMurtrey? Bonnie Sharp stated those are not nearly as bad as Sunset Strip is. The question was asked if the County, who is in charge of E-911 could force the issue on Sunset Strip. There was discussion and the parties will seek resolution to the problem.

Mr. Roberts turned in Extrication’s request for Title III monies totaling $20,000.00 and an appraisal for the 1984 Chevrolet crew cab truck and rescue equipment from Mike Grimmett of Thrifty Car Sales in Mountain Home totaling $11,700.00.

Motion by Rose, second by Egusquiza, to recess the regular meeting and 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 5:15 p.m. and there were no appeals to the assessments. Motion by Rose, second by Cruser to recess the Board of Equalization and Reconvene as a Board of Commissioners.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Rick Layher, Nick Schilz, Laytreda Schultz, Jeff Day, John Frank, Corby Christensen, Troy Wilkins, and Dale Flowers, appeared before the Board to discuss waterways and reporting requirements. Chairman Rose stated it appeared that perhaps Elmore County was not doing all that was required of them in these areas. Corby Christensen stated he was the State Parks and Recreation Boating Program Manager and he felt the boating program is in place in Elmore County and that the County was doing everything correctly. Mr. Christensen said Elmore County has the law enforcement component necessary. Chairman Rose said his concern is that Donnie LaBelle was the one who put in for all the grants and who would take care of that. Laytreda Schultz has been working on the grants and does not foresee any problems. An operational plan will be presented by the Sheriff during budget time. Commissioner Egusquiza asked if Elmore County needed a Memorandum of Understanding (MOU) with the Forest Service? Mr. Christensen said a MOU was not necessary in his opinion. Federal Boating Safety funds are hooked to matching funds, and education for boaters would be helpful as would asking people to list where they do their boating so that the funds come to the proper County. Mr. Christensen added that the County could apply for added funds if they ran out. Jeff Day stated that Elmore County did a good job on boat inspections. There were less inspections done in 2003 because it was such a low water year, but 2004 there were more inspections done, and those numbers will be used in the calculation for funds.

Chairman Rose read a Certificate of Residency into the record: Chelsy Zora Jess. Motion by Egusquiza, second by Cruser, to approve the Certificate.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Drought Declaration was discussed. John Kieffer of the Elmore County Soil and Water Conservation District had requested that the Declaration be done and submitted to the Governor. Clerk Best, upon speaking with Chairman Rose, had contacted Mir Seyedbagheri to prepare the declaration for today’s meeting. Mir prepared the declaration but advised the Board that he felt it was too early in the year to submit the Declaration, since we could receive additional moisture at this point in the spring. The Declaration will be considered later in the year.

Reimbursement rate for payment of mileage was discussed. Motion by Cruser, second by Egusquiza, to approve the rate of 37 cents per mile.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Snowmobile Ordinance was discussed and briefly reviewed.

George Earles, 11035 Desert Duck Road, appeared before the Board to discuss complaints regarding conditions in Tipanuk. Terry Allred, 55 Desert Duck Road and Bob Grimes, 13076 Ditto Creek Road, appeared to also comment on issues out in Tipanuk. The residents stated that they felt they were being treated like second class citizens because they felt Elmore County was not giving them the services they should. The residents related incidents where they felt law enforcement would not respond to their needs, as well as the Prosecutor and Building Inspector. There was lengthy discussion about possible solutions to the numerous problems the residents were talking to the Board about. Mr. Earles asked the Board members to come out and take a look at some of the items themselves.

Motion by Rose, second by Egusquiza, to adjourn as a Board of Commissioners and convene as a Board of Equalization. An application for “extraordinary exemption” filed by Colleen Hannigan, 1155 American Legion Blvd., Mountain Home was considered by the Board of Equalization. There was discussion. Motion by Egusquiza, second by Cruser, to approve the application for cancellation of $953.26 for tax year 2001.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

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

The Board asked the Clerk to Notice a meeting of the Board for March 3, 2005 at 1:00 p.m. to work on the items not completed at today’s meeting due to the late hour. The Board also instructed Clerk Best to see if they could visit at Mr. Earles residence at 4:00 p.m. that same day.

Motion by Rose, second by Cruser to go into executive session pursuant to Idaho Code 67-2345(d).

ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

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