COMMISSIONERS MINUTES                                    SEPTEMBER 12, 2005

 

The Elmore County Commissioners met in Regular Session on the above date in the basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho 83647.

 

Present at the meeting was Chairman Larry Rose, and Commissioners Mary Egusquiza and Connie Cruser.  Also present at the meeting were Clerk Gail Best and Prosecutor Tina Schindele.

 

Mike Suiter, 712 South Birch, Jerome, Idaho, 83338, appeared to discuss the Pine storage building owned by his company Pine Property, LLC.  Mr. Suiter asked if there would be any fuel storage on the property and the Board stated there would not be.  Mr. Suiter stated he had made some changes to the agreement, one being the name of his firm Pine Property, LLC.  On page one, Mr. Suiter stated the unit numbers were changed to read #33 and 33A.  The other addition to the agreement is found in the third full paragraph with the line “On each anniversary of this lease, the rent for the storage unit shall increase the same proportion that property taxes increase.”

 

Mr. Suiter stated he is having difficulty getting the concrete for the floor because of the shortage.  Mr. Suiter stated he is willing to reduce the rent until the concrete is available to do the floor and he can get it poured.  The Board asked what the reduction will be and Mr. Suiter stated he would reduce the rent by $25.00 per month.  Mr. Suiter stated that there is gravel in the units now.  Motion by Egusquiza, second by Rose, to approve the rental contract for Pine Property LLC, Units 33 and 33A, located at 90 N. Featherville Road with the amendment to the contract that annual rental fee will be reviewed when the tax assessment comes out and that there will be a reduction of $25.00 per month until the concrete floor is poured.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Cruser, to approve the expenses as submitted, except for the reduction of the Agri Business claim from $1,000 to $300 and holding out the Mountain Home Eye Center until further details are known.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Cruser, to approve the payroll for August 2005 as submitted.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Cruser, to approve the minutes of August 10th, 15th, 22nd and 29th, 2005.  There was discussion and the minutes were approved with two minor changes.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.


 

There was discussion on setting a hearing for the Rhead Dairy appeal.  A hearing date was set for October 18, 2005 at 7:00 p.m. at the American Legion Hall.

 

Bonnie Sharp and Myron Adamson of the Growth and Development Department appeared before the Board to discuss building permit fees.  Myron explained Elmore County is using the 1997 fee schedule and that the County did adopt the 2003 building code by not the accompanying fee increase.  Chairman Rose asked if they had brought a comparison of the 1997 and 2003 fee schedules and Myron stated they had not, but he would bring one back for the Board to review.  The issue of hiring a part time code enforcement officer was discussed.  Myron stated he would be pleased if the County did so, because his time is so limited to go out and enforce the ordinance.  Myron asked if, time permitted, the enforcement officer might be able to assist him with some of his work?  The Board stated that a position had not even been developed as yet and asked Clerk Best if she would see if BDPA could come up with a generic job description.

 

Myron stated that he has been having some problems with final inspections getting scheduled.  There also is a problem with people never finishing the project.  Myron stated that Blaine County, and he believes others, have a $500 or 10% refundable fee.  The fee is collected at the time the permit is purchased and when the project is completed and the final inspection has been done, the fee is refunded.  Myron asked the Board if they thought such a fee would work in Elmore County and the Board thought it might.

 

A public hearing was set for October 31, 2005 at 1:30 p.m. for Rick Taylor.

 

Chairman Rose read a memo into the record regarding the end of the 2005 fiscal year:

 

MEMO

SUBJECT: End of 2005 Fiscal Year

FROM: Elmore County Commissioners

TO: All Elmore County Departments

September 12, 2005

 

Please notify Linda Pickett of any payroll changes you may have for FY 2006 by September 14, 2005, otherwise employees will receive the line item amount divided by the 12 month period.  This includes any salary increases for new employees with probation periods or employees not receiving the full line item as represented on the FY 2006 budget.

 

/s/ Larry Rose, Chairman

/s/ Mary Egusquiza

/s/ Connie Cruser

Merrilee, Deputy Auditor 587-2130 Ext 204

 

The Board signed the memo for distribution.

 


 

A public hearing was held at the hour of 11:00 a.m.  The purpose of the public hearing was to hear public input regarding the City of Mountain Home, a municipal corporation of the County of Elmore, State of Idaho, donating a 1981 Ford Pumper Truck (Fire Truck) to Elmore County for use in the Pine/Featherville area.  There was no public to give input at the hearing.  Chairman Rose closed the hearing.  Motion by Rose, second by Cruser, to accept the donation of the 1981 Ford Pumper Truck to Elmore County for use in the Pine /Featherville area.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Judy Devol, who was in the audience inquired as to what the County was going to do with the fire truck since the fire district had not yet been formed?  Commissioner Egusquiza stated the County would keep the fire truck until the formation of the fire district, and if the district was not formed, it would revert back to the City of Mountain Home.

 

The Board had a discussion on their proposed salary increase for 2006.  Commissioner Cruser had written drafts of two letters in case the Board wanted to put a letter in the newspaper.  There was discussion on whether the Board really wanted to make a comment.  Clerk Best stated that the budget hearing had been held so the budget has been finalized.  The Clerk added that just because the line item is there, they could still change their minds and not take the entire increase and just take a portion of it - as long as they made their arrangements with payroll in adequate time.  The Board opted not to send a letter.

 

Motion by Rose, second by Egusquiza, to recess for the tax deed sale to be held on the Courthouse steps.

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) on a motion by Rose, second by Egusquiza.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Commissioners met with Social Services Director Marianne Bate and her new assistant Kelly Rodgers. 

 

A hearing of reconsideration was held on K-11-04-04.  St. Alphonsus Regional Medical Center phoned and asked to postpone the hearing for another 30 days as the applicant has been approved for other assistance and thinks this case will be resolved in 30 days.  Motion by Rose, second by Cruser, to postpone the hearing for 30 days for the above mentioned reason.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Still in Executive session the following decisions were made:


 

Motion by Egusquiza, second by Cruser, to lower the payments on case K-07-04-01 from $50.00 per month to $25.00 per month and case K-07-03-08 from $100.00 to $50.00 per month.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-08-05-05 Motion by Egusquiza, second by Cruser, to deny as an involuntary mental hold and that the Prosecutor has already been billed.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-06-05-08 Motion by Rose, second by Cruser, to approve on reconsideration with a reimbursement order of $250.00 per month.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-11-04-09 Motion by Egusquiza, second by Rose, the approve with a promissory note being signed stating that upon release from incarceration, $100.00 a month will be due on this case.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Marianne’s assistant spoke to the Commissioners about old cases and possibly archiving them.

 

Motion by Egusquiza, second by Rose, to approve for the record only the Recorder’s Office Report, Clerk’s Bail Bond Report, and Treasurer’s Office Report.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read the Certificates of Residency into the record: Daniel Wayne Alderman, Amanda Jane Balus, Joseph Donald Bussell, Teresa Ann Dodge, Jay O. King, Michelle Marie Koelsch, Laurie Helene Moyer, Steven E. Nelson, Shannon Leigh Ramsey, Amos Russell Shenk, Travis Stanek, Anna Barbara Stowell, Nicole Willis, Julie D. Wolfe.  Motion by Egusquiza, second by Cruser, to approve the Certificates of Residency as read and direct the Chairman to sign them.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read a proposed resolution regarding allocation of Title II and Title III monies.

 

RESOLUTION NO


 

 

WHEREAS, the counties having United States National Forests within their boundaries have been receiving Forest Service funds for schools and roads under the provisions of the Agricultural Reapportionment Act of 1908: and

 

WHEREAS, in the past decade federal land use policy has shifted away from a multiple use approach to one in which decisions are made on a centralized basis with great attention being given to single uses; and

 

WHEREAS, this approach has had a devastating negative impact on funding for schools and roads in forest counties; and

 

WHEREAS, the 106th Congress of the United States passed HR 2389 which seeks to maintain multiple land management and reconnect local communities with management decisions made about their national forest; and

 

WHEREAS, Congress has made provisions for local projects under Titles II and III of HR 2389 whereby local Resource Advisory Committees will recommend projects which will enhance the safety and health of forests as well as enhance activities conducted within the National Forests within county boundaries.

 

THEREFORE, BE IT RESOLVED that Elmore County intends to allocate the portion of funds which it receives for projects through the safety net payment using 15% in the following manner:  Title II - 5% and Title III 10%.

 

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Governor of the State of Idaho by such date as may be necessary for it to reach the United States Secretary of Agriculture by September 30, 2005;

 

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to all jurisdictions in this county receiving Forest Reserve payments.

 

PASSED at a regular meeting of the Elmore County Board of County Commissioners held on the 12th day of September, 2005, upon which roll call vote was duly taken and said Resolution duly passed by unanimous vote.

 

ELMORE COUNTY COMMISSIONERS

/s/ Larry E. Rose, Chairman

/s/ Mary Egusquiza

/s/ Connie Cruser

ATTEST: /s/ Gail L. Best, Clerk

 

Motion by Rose, second by Egusquiza to adopt the proposed resolution allocating Title II and III monies.

ROSE - AYE


 

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose called for a recess in the Commissioner’s meeting and the Board convened as a Board of Equalization.  The Elmore Memorial Hospital appeal was discussed.  Motion by Rose, second by Egusquiza, to deny the appeal because it was filed untimely.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Board of Equalization was adjourned and the Board of Commissioners session was resumed.

 

The Northwest Paramedics Associates, Inc. Rural Ambulance Billing Agreement was discussed.  The Board discussed what rate should be billed, the original $200 flat fee or fees with a breakdown of service type.  Motion by Egusquiza, second by Rose, to enter into the agreement with a flat fee of $200 for basic services with the beginning date for the billing to be October 1. 2005.

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).

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

There was not action taken as result of the executive session.

 

An application for property tax exemption for Idaho Virtual High School, Inc. was reviewed.  Motion by Egusquiza, second by Cruser, to approve the exemption for one-half of the year 2005 and full years beginning 2006 for Idaho Virtual High School, Inc. described at Tax 35 A3S06E351010, Tax 34 less N 89.17' A3S06E3511120, and Tax 98 A3S06E351135.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A Homeowner’s Exemption for Mark J. Hotchkiss was discussed.  Chief Deputy Assessor Jo Gridley updated the Board on the efforts made to make the determination of eligibility.  Motion by Egusquiza, second by Rose, to deny the Homeowner’s Exemption for Mark J. Hotchkiss for parcel number RP A011225A011C for the year 2005. 

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 


 

A Letter of Information (LOI) for Wade Carpenter was discussed.  Motion by Egusquiza, second by Cruser to approve the LOI for Wade Carpenter with the following conditions:

     1.  Applicant will install or bond for the proposed road prior to sale of lots.

     2.  Applicant will be in compliance with the Fire District Letter dated March 23, 2005.

     3.  Lots will be split in accordance to applicant’s testimony before the Commission.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A Letter of Information (LOI) for James and Barbara Burk was discussed.  Motion by Rose, second by Cruser, to approve the LOI for James and Barbara Burk with the following conditions:

     1.  That it remains in compliance with King Hill Irrigation District

     2.  That the water rights remain with the property in accordance with the King Hill Irrigation              District letter dated June 24, 2005.

     3.  That the developer is to assure that water is delivered to each parcel.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A rezoning request for Reyes Lopez was discussed by the Board.  The Board considered if the request meets the requirement of public necessity, is a matter of convenience, or for the general welfare and the determination was no.  Motion by Rose, second by Cruser, to uphold the Planning and Zoning recommendation to deny the Rezone Change Application.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Sheriff Rick Layher appeared before the Board during the public portion of the meeting.  Sheriff Layher stated he had a call from Judy Hoover who is in charge of the SILD pickups stated that the Hammett Transfer Site is a total mess.  Chairman Rose explained that the trucks were both broken down with engine problems and that Mr. Silver has been using trailers pulled behind pickup trucks to do trash pickups until the trucks are back in service.  Sheriff Layher stated he was looking for guidance as to whether he should continue having the SILD crew go out there or wait until the problem has cleared up.  The Board suggested they hold off on the SILD crew going out there until things were back to normal.

 

Motion by Rose, second by Cruser to formally appoint Mr. George Menzik to the Elmore County Public Safety Communications Board.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 


 

A contract renewal with APS Healthcare was reviewed by the Board.  Prosecutor Schindele stated that she had one question regarding the contract on Exhibit B page 7 - Employee Location lists Mountain Home.  Prosecutor Schindele stated we should have clarification whether the employees working in the Glenns Ferry and Pine are covered.  The Board requested that Clerk Best talk with APS Healthcare for clarification and place the contract signing on the next agenda.

 

Ambulance reports were discussed.  The Board would like to have reports showing how many patients transported have been private pay, how many with insurance, how many with Medicare/Medicaid and how many have been no pay.  The Board asked the Clerk to see if they could have the reports by their CAFO workshop meeting on September 19th.

 

Prosecutor Schindele reviewed a request from Ben McConnell asking for a fee increase for his Designated Examiner fees to Elmore County with the Board.  There was discussion regarding the lack of choices the Board has and still comply with the Code.  The Clerk’s office was instructed to write a letter to Ben McConnell stated the County would agree to the fee increase in the next contract.

 

The ICT Building was discussed.  Motion by Egusquiza, second by Rose, to donate the ICT Building located at 138 Commercial, Glenns Ferry to the Iglesa Pentecostal Church, P. O. Box 1155, Glenns Ferry with the stipulation that the property be used for a parking lot only with a paved surface with property drainage.  There will be an additional stipulation that the work on the parking lot must be completed within one year of the date on the deed and if these stipulations are not met, or if the church ever does not use the property for a church parking lot, the property will revert back to Elmore County.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Prosecutor Schindele will work on the clauses that need to appear on the deed.

 

Correspondence received by mail was reviewed.

 

A letter was received from Aubrey Williams asked for some flotation devices at CJ Strike where a fatal boating accident recently occurred involving her father in law.  The Board will work with Waterways on this and instructed Clerk Best to telephone Ms. Williams and talk to her about how they plan to proceed.

 

Motion by Rose, 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