COMMISSIONERS MINUTES SEPTEMBER 26, 2005
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The Board of Elmore County Commissioners met in regular session in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th East Street, Mountain Home, Idaho, 83647.
Present at the meeting were Chairman Larry Rose and Commissioners Mary Egusquiza and Connie Cruser. Also present were Clerk Gail Best and Prosecutor Tina Schindele.
Motion by Egusquiza, second by Cruser, to add the signing of the final plat of Red Baron Estates to the agenda.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The plat for Red Baron Estates was reviewed. Motion by Egusquiza, second by Cruser to approve, and direct the Chair to sign the final plat of Red Baron Estates.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to sign the recertification of the FEMA Flood Plain Community Rating System.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza, to go into executive session pursuant to Idaho Code 67-2345(a).
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed. No action was taken as result of the executive session.
The elected officials and department heads met with the Board for their regular monthly meeting. Public Defender Ed Frachiseur brought in Standard 5-5.3. Workload as written by the American Bar Association for the Board. Mr. Frachiseur stated that he was having great difficulty keeping up with the caseload, and told the Board he thought his office would have to decline taking new cases and tell the Judge they can’t handle a case unless the defendant is incarcerated. Mr. Frachiseur said it is actually malpractice to have more cases than you can manage because you can’t do justice to the client’s defense. Mr. Frachiseur stated that the sooner a contractor is selected the better it will be for everyone concerned.
Jim Haydon, Assessor stated that his office has been working on the values up in the hill country while the weather remains good. Jim stated they are working their way down and are currently doing the Prairie. The brief to the State Tax Commission regarding Idaho Power was discussed. The brief is due to the Commission by October 12th, and will be done by the Prosecutor.
Stephanie Kazyaka, representing the Juvenile Probation Department, appeared before the Board with the August activities report. Renewal of the Juvenile Detention contract with Canyon County, which has been reviewed by the Prosecutor, was discussed as was a software program to keep records of cases. Motion by Egusquiza, second by Cruser, to renew the contract with Canyon County.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Teri Lasuen, representing the Treasurer, appeared before the Board to discuss activity in her office. Teri stated that there are 300 new parcels in the County as of January 1st. Teri reported this is a slower time of the year in their office, prior to the tax drive beginning.
Mir Seyedbagheri, County Agent, gave the Board a copy of his activity report outlining what he has been working on. Mir also stated that 4-H Week is coming up next week and he would like the Board to come on October 4th for a photo with the kids at 4:00 p.m. when school is dismissed. The Board stated they would come to the extension office.
Bonnie Sharp, Administrator of the Growth and Development Department, reported that she and Myron Adamson had attended a FEMA workshop the previous week. Bonnie reported they had both found the workshop interesting and helpful. A possible change in the E-911 manning was discussed. There will be more information from the E-911 Board later. A field trip to Blaine County the previous week was discussed. The trip was made to look at the GIS mapping equipment in use there. The participants were very impressed with the equipment and applications they saw in Blaine County and would like to see Elmore County be able to do something similar.
Dan Collins, Plant Facility Manager, stated his staff will be installing new vinyl windows in the Juvenile Department to help save on the expenses of funds received.
Herb Hawley appeared to discuss the contract he has with the County for fuel. Originally the contract had included free unlimited car washes. Mr. Hawley explained that, with the price of fuel, the gasoline business is almost an even-up deal now. Mr. Hawley stated he felt it would help him if he could cut out the free car washes. There was discussion regarding the price of fuel and the effects it was having all across the country. The Board told Mr. Hawley they had no problem with cutting out the free car washes and to go ahead and do so.
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) 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-09-05-01 Motion by Rose, second by Egusquiza, to deny as not medically indigent.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-09-05-03 Motion by Rose, second by Cruser, to deny as not last resource.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-07-05-04 Motion by Rose, second by Cruser, to deny as eligible for Medicaid.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-08-05-03 Motion by Egusquiza, second by Cruser, to deny as not indigent, no documentation and not last resource.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
K-09-05-05 Motion by Rose, second by Egusquiza, to deny as incomplete and not medically necessary.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Rose, second by Cruser to go into Executive Session pursuant to I.C. 67-2345(b).
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Rose, second by Cruser, to approve the expenses submitted except those in the red dot file. Total $88,899.40.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve the two sets of minutes for September 6, 2005 with two corrections.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the minutes of September 12, 2005, with two corrections.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Terry Ratliff appeared before the Board to answer any questions they had regarding his proposal for Public Defender services. Mr. Ratliff stated when questioned, that the “status” which was listed as negotiable meant time reporting - and it depended on just what type, and in what depth the Board expected time to be reported. Mr. Ratliff stated he was not interested in the office space currently housing the Public Defender but would be interested in the laptop. The timing on the terms of payment were questioned since they will not fall into the normal bill paying time frame but Mr. Ratliff stated he could not change that due to his payroll schedule. There was clarification about the County cases taking priority over private cases. Mr. Ratliff also offered to do year end reports at no charge to the County. The additional costs for expert witnesses was discussed and Mr. Ratliff stated he would send copies of any Motions regarding expert witnesses to the Board. The base rate for fiscal year 2007 was discussed. Malpractice insurance was discussed. The Board thanked Mr. Ratliff for his time and stated they would contact him later.
Ed Frachiseur appeared before the Board to tell them that he had received a letter from the payroll department stating that he was short several months for his twenty years of service. There was some general discussion about how he could have overlooked that. It was suggested that he review his own records carefully.
Chairman Rose read the Certificates of Residency into the record: Jennifer Alonzo, Clifford Thomas Porupsky, Jennifer Nichole Sprain and Julie L. Taylor. There was discussion. Motion by Egusquiza, second by Rose, to approve the Certificates.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The contract renewal with APS Healthcare was reviewed and discussed. Motion by Egusquiza, second by Cruser, to direct the Chairman to sign the contract.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The RFP for the Weed, Search & Rescue, and Extrication Building was briefly discussed. The Board asked the Clerk to put the same issue on the agenda for October 11. 2005.
There was lengthy discussion regarding Mr. Ratliff’s proposal and a telephone call was placed to him to discuss conflicts caused by his private practice of law. The concept of the “Chinese Wall” was discussed and it was decided for that to work, there would have to be written permission from both the previous client and the new prospective client.
Motion by Rose, second by Egusquiza, to accept the response to the Request for Proposals for a public defender contract from Ratliff Law Offices, Chtd with the stipulation that they will provide monthly and year end reports, that conflicts should be according to Rules of Ethics 1.10; 1.9;, and 1.7 and informed consent, that Ratliff Law Offices must provide notice to Prosecuting Attorneys, that Ratliff Law Offices will provide reimbursable expert testimony Motions to the Board. The contract will be paid at $310,861.00 plus transition costs for fiscal year 2006 in the amount of $7,500.00
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The contract with Herb Hawley was discussed. Clerk Best will notify the Sheriff that no car washes will be provided at Hawley’s.
The Board then worked on some changes in language in the Confined Animal Feeding Operation Ordinance.
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