COMMISSIONERS MINUTES                                         APRIL 11, 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 Egusquiza, second by Rose, to approve the expenses in the amount of $352,418.29. There was discussion and some minor adjustments.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser, to approve the payroll as submitted in the amount of $305,324.60.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser, to approve the minutes of March 28, 2005. There was discussion and one addition was made.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser, to cancel the reconsideration hearing scheduled for April 25, 2005 at 3:00 p.m. because Weitz and Company withdrew their request for reconsideration of the findings of fact and conclusions of law.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

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

A Certificate of Residency for Michael Rodriguez, 1020 North 6th East, Mountain Home was considered. Motion by Egusquiza, second by Cruser to approve the certificate of residency.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.


A liquor license application for The Cove submitted by Lola D. O’Brien was considered by the Board. Motion by Egusquiza, second by Cruser to approve the liquor license for The Cove.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Shane Zenner, Investment Representative for Edward Jones appeared before the Board to discuss general obligation bonds. Mr. Zenner stated that they had underwritten the bond for the library. Edward Jones will provide the money for the project and sell the bonds locally first, prior to the bonds being offered to other investors outside Elmore County. Mr. Zenner stated that for the City Library Bond, Edward Jones had sold $1,020,000 in bonds locally of the total $1,500,000. Mr. Zenner stated that there are local clients who would love to invest in local projects and he feels Edward Jones could provide the service at less cost than Wells Fargo, and the money stays here locally. Mr. Zenner asked if the County had a written agreement with Wells Fargo and Clerk Best stated she did not think there was anything on paper. Mr. Zenner stated he wasn’t surprised since Wells Fargo was “the only game in town” until Edward Jones started underwriting bonds. Clerk Best asked when the Board should ask for proposals from each company to compare costs and Mr. Zenner stated anytime, but the interest rates would be the most accurate in May when the election is held, since interest fluctuates so often. The Board expressed interest in dealing with a local company.

Chairman Rose read proposed Resolution 349-05 into the record:

RESOLUTION NO. 349-05

WHEREAS, The Elmore County Board of County Commissioners, pursuant to Idaho Code Section 31-1608, has the authority in case of epidemic or calamity to declare a state of emergency regarding Elmore County;

WHEREAS, Agriculture in Elmore County is a $220,000,000 industry and the past three years of consecutive drought have had a devastating impact on economic viability of crop production and rangeland;

WHEREAS, As a result of continuing drought, and with snowpack at fifty percent of normal, water supplies from Irrigation Districts are very limited for optimal crop production;

WHEREAS, Survey by Extension Educator reveals very low or no subsoil moisture in crop and rangeland;

WHEREAS, Hydrographs show deep well water levels have declined drastically below static levels;

WHEREAS, In the past, drought has been a major cause for over a quarter million acres of scattered Mormon Crickets outbreaks. The existing drought condition indicates again a major infestations of Mormon crickets and other insects;

NOW, THEREFORE, BE IT RESOLVED, By the Elmore County Board of County Commissioners, in lawful meeting assembled as follows;

An emergency is hereby declared to exist in that the County of Elmore, State of Idaho, has experienced accumulative years of drought along with its side effects that encompass devastating economic impacts on our agricultural crops and livestock production.

ADOPTED By unanimous vote of the Board of Commissioners, County of Elmore, State of Idaho, on this 11th day of April, 2005.

BOARD OF COUNTY COMMISSIONERS
/S/ LARRY E. ROSE, Chairman
/S/ MARY EGUSQUIZA, Commissioner
/S/ CONNIE CRUSER, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk

Motion by Egusquiza, second by Cruser, to accept Resolution 349-05 as read and to declare a state of emergency because of drought conditions.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Stephanie Kazyaka brought in a Juvenile Accountability Grant for the Board’s approval. Motion by Egusquiza, second by Cruser, to direct the Chairman to sign for the grant.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Pat Maley, Bruce Thorndycraft and Peter Skamser representing Atlanta Gold appeared before the Board to discuss the Atlanta Gold project. Mr. Thorndycraft stated that they were there to give the Board a “heads up” presentation in advance of the public presentation scheduled for April 26th. Mr. Thorndycraft stated that the presentation is a summary of what they are proposing to do. Pat Maley gave a power point presentation regarding the project. The group then took any questions the audience had. The Board thanked the representation from Atlanta Gold for the interesting and informative presentation.

Motion by Rose, second by Cruser, to recess 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.

Case K-11-04-02 was discussed regarding a request for a waiver in payment of the 2004 income tax return. Motion by Cruser, second by Rose, to take 25% of State and Federal and to send a letter the applicant.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-11-04-01 was discussed. At the last meeting on March 28, 2005, the applicant was told to bring in copies of the their tax returns. They have not been received and a letter will be sent.

K-03-05-01 Motion by Rose, second by Cruser, to approve with reimbursement order of $25.00 per month.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-03-05-02 Motion by Rose, second by Cruser, to approve with promissory note of $50.00 per month.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-01-05-04 Motion by Rose, second by Egusquiza, to deny as a final denial, not last resource and applicant does have Medicaid.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

K-12-04-05 Motion by Rose, second by Egusquiza, to deny for a final time as the appeal was withdrawn.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

At 2:00 p.m. the Board met with Elmore County Treasurer Rose Plympton for the advertised Tax Deed Hearing. There were 6 parcels.

Parcel Number RPB00700240010A, Lot 1, Block 24, Hammers Add GF, Francis E. Blackwell, c/o Kim Portlock, P.O. Box 187, Glenns Ferry, Idaho, 83623. Discussion followed. The daughter lives in the house owned by the mother, Frances E. Blackwell. Usually by this time a payment has been made.


Parcel Number RP04S05E153550A, S2NE4NW4NW4 Sec 15 T4S R5E, BMI Corporation, P.O. Box 684, Meridian, Idaho 83680. It is a 10 acre parcel of undeveloped land on Airbase Road behind the LDS Church.

Parcel Number RPA0090002006AA, 1' in Lot 6, Block 2, Mountain Home Townsite, Alvin Dudley, 1193 North 9th East, Mountain Home, ID 83647. This is a 1 foot strip of land behind the Church on Main Street.

Parcel Number RPB0099017009AA, Lots 9 and 10, Block 17, North Addition, Elizabeth L. Holaday & Alice L. Grabowski, C/O Barbara Smith, 3127 Pocatello Peak Way, Las Vegas, NV 89156. Two vacant lots in Glenns Ferry.

Parcel Number RP04S06E076420A, SE4SW4SW4 in Lot 4, Sec 7, T4S, R6E, Laura Spickelmier & Mary A. Spickelmier, 421 W. 3rd N., Mountain Home, ID 83647. Mary Spickelmier is deceased and Laura is the daughter and does not want the property.

Parcel Number RP02S05E172200A, SESENE, Sec 17, T2S, R5E, Larry and Mary A. West, 122 Eagle Watch, Mulvane, KS 67110. This is 10 acres of undeveloped land and the owners cannot be located.

Motion by Rose, second by Cruser, to take tax deed to the above six properties.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Leslie Strauch, Station Manager for Mountain Home Public Access Channel 8 (Cam 8) appeared before the Board to discuss a budget request. Ms. Strauch presented a video tape to introduce the Board to Cam 8 - a non profit organization made up of volunteers. Following the video presentation Ms. Strauch stated they are seeking some funds to continue their work. Cam 8 would like to expand their programming. Cam 8 has been working with the Sheriff’s Department to update their information regarding the upcoming jail bond. Ms. Strauch stated they would like to ask for $15,000.00 to support Cam 8 in the upcoming budget year.

Allen Kiester and Chris Brun appeared before the Board to discuss several issues from Pine. Mr. Kiester stated his first item concerned a storage area for the rescue truck, rescue sled and back-up ambulance into a covered area. Mr. Kiester stated that Mr. Suiter now owns the storage that he used to have and that Mr. Suiter is willing to do some renovations to a 14x50 unit by putting in a cement floor, heat and electricity and leasing it for $250.00 per month plus the cost of heating. Mr. Kiester stated that the Commissioners would have to pay for that cost. Mr. Kiester stated that Mr. Suiter would also install large overhead doors on each side of the unit so that it is possible to drive a vehicle out either end. The Board agreed that a heated storage area is the best thing to do and asked for a lease agreement to be sent to them for review.


Billing for the Quick Response Unit in Pine was discussed. Mr. Kiester stated he understood that NPA had volunteered to do the billing for them. Mr. Kiester said his problem is that he does not think the locals should be billed since they are a volunteer service. Chairman Rose stated that what is being discussed is a straight flat-fee rate of $200.00 per trip not an itemized statement of services rendered. Mr. Kiester said he would have no problem with that.

John Steiner, 245947 Collett Road, Oreana and Bill Weaver, 5797 N. Bogart, Boise, appeared before the Board to discuss a proposed development they are working on. Mr. Weaver stated they are developing some property Southeast of Mountain Home, approximately 1100 acres. The development is the future Pepper Ridge Equestrian Estates which is located in Township 4 South, Range 7 East. The project will be done in several phases the first of which will be to develop 420 acres into 80 lots. Mr. Weaver stated they have not decided whether to go with individual wells or a community well at this point - there are advantages to both. Mr. Weaver stated they have not yet begun their application work at Planning and Zoning. Chairman Rose suggested that they go to Water Resources first to find out if they are in the critical water area and then go to Planning and Zoning after that.

Rich Cornell of Mountain Home and Larry Looney of Hammett appeared before the Board to discuss animal control. Mr. Looney stated that they have killed more coyotes this year than in any other year, 130 in all. Rich Cornell also saw two wolves and stated that there are packs on Steel Mountain and the higher Prairie. Mr. Looney stated that if we did not have effective predator control we would not have successful ranching here. Mr. Looney said they were appearing before the Board to request funding for the next fiscal year in the same amount as the previous year for District II, $3,840.00. Wolves were discussed again. Rich Cornell stated that Elmore County will have a big problem with Mormon Crickets again this year.

Chairman Rose made a motion to recess as a Board of Commissioners and convene and a Board of Equalization, second by Cruser.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

Chief Deputy Assessor, Jo Gridley, was present for the session. A tax exemption for Bible Baptist Church, Inc. was reviewed. The exemption requested is for approximately ½ acre in front of the church building located on American Legion Blvd. An old building on the ½ acre has been removed and the property will be used for a parking lot. Motion by Egusquiza, second by Cruser, to approve the tax exemption for Bible Baptist Church, Inc. c/o Delores Herron described as Tax 338, Section 25, Township 3 South, Range 6 East.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

The Board recessed as a Board of Equalization and reconvened as a Board of Commissioners.

A hearing date for the Hiler lot split was discussed. A public hearing was scheduled for May 9, 2005 at 4:00 p.m.


Title III monies were discussed. Commissioner Egusquiza stated there was $48,022.17 plus a roll over from the previous year of $12,457.45. Commissioner Egusquiza stated that Mountain Home Extrication had asked for $20,000 and that Search and Rescue had also requested money. The discussion was tabled since the Board’s next agenda appointment arrived.

The employees of the Growth and Development Department met with the Board to discuss matters related to their department. Chairman Rose explained that he had asked the employees to come in and share their thoughts and to ask any questions they might have. Traci Lefever opened the discussion by saying the employees have been told that the Board does not want all of the employees attending the Planning and Zoning Commission meetings. Chairman Rose stated he felt anyone doing the minutes should definitely attend the meetings. Bonnie Sharp stated that she has been having Traci and Hemi go to the meetings so they could learn more about the workings of the Planning and Zoning Commission since they were both relatively new employees of the department. Compensatory and flex time were discussed at length. Gratuities were also discussed, as were leave slips. Chairman Rose told the employees that they should always feel free to call him if they should ever have any questions and he would be glad to help them find the answers they were seeking.

Distribution of Title III monies was discussed. Motion by Egusquiza, second by Rose, to disburse $20,000 of the Title III monies to Mountain Home Extrication for the extrication truck and equipment for Pine/Featherville and $11,700 of the Title III monies to Elmore County Search and Rescue for equipment to be used in the Federal Forests.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

There was discussion on the Brown Dairy appeal. Present for the discussion were Chairman Larry Rose and Commissioners Mary Egusquiza and Connie Cruser. Also present was Clerk Gail Best. Chairman Rose read the nine standards for conditional use permit applications and each standard was discussed thoroughly by the Board. The Board found only three of the nine standards were met by Brown Dairy. Motion by Rose, second by Cruser, to overturn the approval for a conditional use permit for Brown Dairy issued by the Planning and Zoning Commission. There was some brief further discussion and Commissioner Egusquiza stated that we all have property rights and the Board needs to protect all the citizens. Commissioner Cruser stated that it is best to error on the side of caution. A roll call vote was taken.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.

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

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