COMMISSIONERS MEETING                                       MAY 23, 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 4^th 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 as submitted.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Cruser, to approve the minutes of May 9, 16, and 17, 2005.  There was discussion, and an addition was made to the minutes of May 9^th.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read the tax cancellations into the record: No. 774 - Alcoa $122.98, No. 775 - 218.64 and No 776 - Networks $39.94 totaling $381.56.  Motion by Egusquiza, second by Cruser, to approve the tax cancellations as read and direct the Chair to sign them.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read the Certificates of Residency into the record: Benjamin Trevor Gatlin, Jessica L. Goodwin, Richelle N. Heck, Jesus Ortiz, Tyler James Rumsey, Susan Anne Sanders, Katie Anne Shenk, Darlene K. Smith-Gianelli, Levi Rylan Titus, Lukas Lamont West and Denver Bryce Lee.  Motion by Egusquiza, second by Cruser, to approve the certificates of residency as read and direct the Chair to sign them.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

An application for cancellation of taxes for Harold Dilworth was reviewed.  Motion by Rose, second by Cruser to approve the cancellation of taxes for Harold Dilworth in the amount of $136.92.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Rocky Mountain Land & Cattle was discussed.  The transcript from the public hearing was reviewed.  Various aspects of the transcript were discussed, as well as sections of the Interim Ordinance that was in place at the time of Rocky Mountain Land & Cattle’s application.  Further discussion was delayed because the elected officials and department heads arrived to meet with the Commissioners for their regular monthly meeting.

 

Sheriff Rick Layher stated he is still working on the Atlanta Highway District issues.  Sheriff Layher stated there is so much material to examine that he going to have to enlist some help from others to ever complete the work.  Sheriff Layher stated that he has been a little slow on the cameras for collection sites, but that Captain Barclay is now back to work and he will put him on the project since he actually is the person with expertise in the area.  Sheriff Layher asked if he could use some of the solid waste budget to use some special deputies to watch the sites at key times?  The Board stated that would be great, but to be conscious of budget constraints.

 

Dan Collins, Plant Facility Manager, stated that he would like the Board to address a couple of issues, the first of which is employees bringing pets to work.  Dan stated they sometimes make a mess but also that it could be a large liability for the County if a pet would bite someone.  The second issue is bringing kids to work.  Dan stated he isn’t talking about kids stopping by to check in after school, etc but kids that are in the building for several hours.  The Board agreed that the offices are not pet shops nor daycare and the Prosecutor will prepare a memo to all departments stating that pets and children should not be spending time in County offices.  Police K-9 units or other service dogs are excluded.  A site survey of the 8^th street property was discussed and planned for the morning of May 23^rd.

 

Ed Frachiseur, Public Defender, gave the Board his opinion on the jail bond election.  Mr. Frachiseur stated he felt the Board acted in an inappropriate manner as elected officials on Crazy Days by dressing as inmates and handing out flyers.  Mr. Frachiseur stated that the people have spoken at the polls on three occasions and the jail bond should not be jammed down their throats and he felt the Board had acted in a partisan manner.  Mr. Frachiseur added further that he also felt the fire department acted inappropriately in asking for donations for the fireworks display on the fourth of July.  Mr. Frachiseur then gave the Board his 2005 caseload report depicting the first four months of the year.

 

Ted Knudson, Juvenile/Probation Administrator gave the Board his report for April 2005 and a memo from Brent Reinke regarding the block grant funds for State fiscal year 2005-2006. 

 

Marla Spence, Coroner, reported she had some problems with her vehicle, it had quit on the road.  The vehicle had been repaired, and the bill will be forthcoming.

 

Tom Gibbon, Chief of Security, had no report.

 

Rose Plympton, Treasurer, stated the tax reminder notices for the second half went out and so her office is in the process of collection of taxes once again.  There will be some utility refunds again, but it has not been decided how the interest will be settled, but Rose just wanted to give the Board advance notice.

 

Jim Haydon, Assessor, stated his office has been busy running the assessment rolls.  Jim stated there will be some increases this year on land values.

 

Bonnie Sharp, Administrator for Growth and Development, gave a copy of the department’s Work Schedule Policy.  Ms. Sharp stated she did have one employee complaint regarding the policy and that was that the office has several clocks which don’t accurately reflect the same time.  Ms. Sharp stated she will purchase another good clock and make it the official timepiece.  Bonnie reported that Myron helped detect a case of fraud when a home was sold as a modular home when it actually was a manufactured home, the frame and some official stickers has been removed.  Bonnie did not know if the case will be prosecuted or not.

 

Mir Seyedbagheri, County Agent, gave the Board his activity summary report.  Mir also asked the Board to sign the annual Forest Service Contract for spraying noxious weeds.  Motion by Egusquiza, second by Cruser, to sign the annual contract with the Forest Service.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Nick Schilz, Chief Deputy Sheriff, appeared before the Board to discuss the Homeland Security grant.  Nick also stated the Emergency Disaster Declaration for the Atlanta road washout had been signed by the Governor.  How to do the road repairs for Atlanta was discussed.  Nick stated that James Creek is open, but the public is being advised not to use it because it is in very poor condition, so people are being warned not to use it unless it is an emergency.  The Sheriff’s department is having people call them if they need to reach Atlanta via the James Creek road, and to call back to the Sheriff’s department when they reach Atlanta safely.

 

The Elmore County Historical Foundation met with the Board to discuss their budget request for fiscal year 2007.  Bob Rowett, President of the Foundation stated that they are so appreciative of the $3,500 the County has been able to give them in the past.  Mr. Rowett stated that they would like to request an additional $2,500 for the upcoming budget year for a total of $6,000.  Mr. Rowett presented the Board with several brochures and a newsletter outlining sites in the County for visitors to see as well as the Foundation’s activities.  Mr. Rowett stated this is a County museum, so that is their focus.  Both Mayfield and Prairie, who are both important communities historically, would like to start their own historical museum and hope to get started with the Elmore County Historical Foundation.

 

Laurice Bentz stated that Friends of the Museum are very active and meet each Monday to help plan events at the museum.  The First Thursday luncheons held once a month featuring a speaker from the community chronicling their family history have been extremely popular with the public.  They have transcribed the tapes and have offered them for sale.  With the museum being able to stay open longer hours, they have been able to offer school and scouting tours.  The museum is open 10-4 Monday through Friday and 1-4 on Saturdays.

 

Sheryl Landon stated they do have some plans for future projects as well.  The scenic byway project is already in the works.  The railroad caboose at the park on Main Street is in the process of being repainted.  Later perhaps a mini museum could go inside the caboose with items depicting railroad history in Elmore County.  Ms. Landon stated they would also like to have an agricultural display along the highway with larger equipment, depicting how important the ag community is to Elmore County.  Ms. Landon stated they have also been working with Pioneer Credit Union to do a small memorial park.

 

Brett Silver appeared to offer a brief report on the trash hauling.  Mr. Silver stated that Hammett is really being dumped on, but that King Hill looks fairly decent.  Mr. Silver stated he has been checking on Pine and Prairie, and has been trying to take some dents out of dumpsters and that he has taken nineteen old dumpsters to the landfill to be destroyed due to their condition.  The Board asked Mr. Silver to write down an inventory of how many dumpsters were taken from where and if they were County dumpsters or belonged to Mr. Simons or Snake River Rubbish.  Mr. Silver stated he would do that.  Mr. Silver stated he is increasing pickups to Pine beginning with the upcoming three day weekend and his summer schedule of pickups in the recreational areas would be beginning soon.

 

Motion by Rose, second by Cruser, to adjourn for lunch.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Commissioners met in Executive Session pursuant to I.C. 67-2345(d) after lunch on a motion by Rose, second by Cruser, with Social Services Director Marianne Bate.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The following decisions were made:

 

K-04-05-02 Motion by Rose, second by Egusquiza, to deny as not indigent, applicant can pay over a three year period.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-04-05-04 Motion by Rose, second by Cruser, to deny as not indigent, we have no proof of residency and there was no interview.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-04-05-05 Motion by Rose, second by Egusquiza, to deny as incomplete, not last resource and can self pay.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-05-05-03 Motion by Egusquiza, second by Rose, to approve with a promissory note of $25.00 per month.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Still in Executive Session, a hearing was held on K-01-05-06.  Present were the three Commissioners, Social Services Director Marianne Bate, Prosecuting Attorney Aaron Bazzoli and Deputy Clerk Steele.

 

The hospital and applicant were notified of the hearing and were not present.

 

Motion by Rose, second by Cruser, to issue a final denial on K-01-05-06 as the County has not received any information regarding the case.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session resumed.

 

A letter was received by the Board from Rusty Trail requesting to be a Planning and Zoning Commissioner member.  Mr. Trail lives in King Hill.  The Commissioners asked Deputy Clerk Steele to send a copy of the request to the Planning and Zoning Commission for their opinion.

 

A memo was discussed regarding employees bringing pets and children to work.  The Board agreed with the memo that Prosecutor Bazzoli wrote and will sign the memo later in the day.

 

Prosecutor Bazzoli stated he would respond the Brown Dairy letter asking for the Findings of Facts and Conclusions of Law as another attorney is preparing it. 

 

Resolution No. 352-02 was read into the record by Commissioner Egusquiza:

 

                                                       RESOLUTION NO. 352-05

 

WORKFORCE INVESTMENT ACT

 

WHEREAS: The Workforce Investment Act of 1998 provides for the designation of local Workforce Investment Areas; and

 

WHEREAS: Eligible applicants include consortia of local elected officials; and

 

WHEREAS: The IDA-ORE Board of Directors dba Sage Community Resources has successfully operated as the WIA Grantee for Southwest Idaho for the past five years; and

 

WHEREAS: A local approach to management of workforce and economic development will result in local ownership and accountability and empower the region to create locally developed strategies which are specifically designed to meet the needs of the residents in the region.

 

NOW, THEREFORE LET IT BE RESOLVED that Elmore County does hereby support and authorize Sage Community Resources to act on behalf of said county for continuation as Regional Grantee and Administrative Entity in supporting its Workforce Investment Act Area Designation.

 

Adopted this 23rd day of May, 2005 by the Elmore County Board of Commissioners.

 

ELMORE COUNTY BOARD OF COMMISSIONERS

/s/ LARRY E. ROSE, Chairman

/s/ MARY EGUSQUIZA, Commissioner

/s/ CONNIE CRUSER, Commissioner

ATTEST: /s/ GAIL L. BEST, Clerk

 

Motion by Cruser, second by Egusquiza, to approve the resolution.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A public hearing was set for June 27, 2005 at 11:30 a.m. for the Public Corporation Ordinance.

 

Discussion followed on appointments to the Ambulance District Board.  Motion by Rose, second by Egusquiza, to appoint the three Commissioners, Larry Rose, Mary Egusquiza, and Connie Cruser to the Ambulance District Board.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Grandview Ambulance Payment was discussed.  At the last meeting this was discussed, Clerk Best was going to check on adding them to our insurance.  Deputy Clerk Steele will ask Clerk Best what the status is and to keep them in the loop for the 2006 budget.

Payment for EMT training for the Pine/Featherville volunteers was discussed.  Motion by Rose, second by Egusquiza to reimburse $300 for each individual training course with the funds coming from the Ambulance budget, more specifically the line item for dues-schools- and tuition and the remainder from supplies and/or auto upkeep.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Weitz Findings of Facts and Conclusions of Law was discussed.  Motion by Egusquiza, second by Rose, to accept the Findings of Facts and Conclusions of Law for Weitz and Company, Application for Zoning Change, Light Industrial to Mixed Use.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Cruser, second by Egusquiza, to sign and approve the Regulatory Takings Analysis on Weitz and Company.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Vicky Smith, Jim Haydon, Bonnie Sharp, Jo Gridley and Dan Collins appeared before the Board regarding the E-911 mapping in Elmore County.  Discussion followed on combining the current GIS mapping already going on in the Assessor’s office and expanding it to also be used with the E911 mapping.  Vicky Smith reported there was money in the professional line item in the E911 budget.  The cost was discussed as well as the Assessor’s Office needing more detail in their maps than the E911 requires.  Bonnie Sharp stated we don’t have a good County Map and often send people to Walmart to purchase one.  Ms. Sharp suggested visiting another County that has an in house GIS employee to see how it works.

 

The quality of the documents printed in the secondary office produced by the office where the equipment is actually physically located was discussed.  Jo Gridley inquired about the issue since when documents were produced in the Assessor’s office, Bonnie had stated that the quality of the maps she received were not good.  Dan Collins stated that there have been many improvements to the network since that time.  Jo also inquired whether or not there would still be a need to keep Duane Priest on board, and the group thought probably not, except for special projects.

 

Al Sobtzak appeared before the Board to discuss the Area of Impact for the City of Mountain Home.  Mr. Sobtzak stated he has visited with the City Council and a change has been made which includes land north of the Interstate.  The land is out 18^th North and is approximately 160 acres, the City is putting sewer under the Interstate to accommodate homes in that area.  The Board told Mr. Sobtzak to go ahead and continue working on the city impact map so it could be completed.

 

Wayne Forrey and Bonnie Sharp appeared before the Board to discuss a proposed ordinance change and Mr. Forrey’s part in the project.  Mr. Forrey presented a proposal for his services, and told the Board he is quite sure that funds can be obtained from the grant from BLM to the SW Idaho RC&D for the new zoning ordinance, since the Wildfire Plan could best be implemented through a new Zoning Ordinance.  A 25% local match would be required to receive the grant funds.  Motion by Egusquiza, second by Cruser, to sign the contract for consulting services by Mr. Forrey, subject to obtaining 75% of the funds by grant.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A letter from Larry Reiner, the Trial Court Administrator of the Fourth Judicial District was reviewed regarding a job task analysis to be performed relating to misdemeanor probation services throughout the Idaho Courts.  The cost to the Fourth Judicial District will be $2,500.00 with Elmore County’s cost being $100.00.  Motion by Rose to pay $100.00 to IAC for the Job Task Analysis, $50.00 from Current Expense and $50.00 from District Court, second by Egusquiza.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Dave Bergh, 6025 Highway 30, Mountain Home, appeared during the public portion of the meeting.  Mr. Bergh asked if for the CAFO Workshops there were packets furnished to the Board members?  The Board stated there was not, all they had thus far was the current CAFO Ordinance itself.  The Board added that there is not an agenda, since they are simply work sessions on the CAFO Ordinance.

 

The Board took up the matter of Rocky Mountain Land and Cattle (RMLC).  Chairman Rose asked  Prosecutor Bazzoli if water rights can be trucked from one area of the property to another?      Prosecutor Bazzoli stated he thought a water right applied to an entire property.  Commissioner Cruser stated that on April 30^th RMLC only had the one water right for 13,000 gallons.  Commissioner Cruser asked Prosecutor Bazzoli if he had researched the statute on “stacking”?  Prosecutor Bazzoli had not.  Commissioner Egusquiza stated that the document was unsigned and not dated.  Commissioner Cruser stated that the document, in her opinion, is no good because it is unsigned and not dated.  The Board reviewed the files to see if they could find any evidence of additional availability of water.

 

There was further general discussion about various aspects of the documents before the Board for review.  Commissioner Egusquiza stated that as of January 2001 they had water right 61-10120 and 37-19839.