COMMISSIONERS MINUTES                                            JANUARY 9, 2006

 

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

 

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

 

Motion by Rose, second by Cruser, to approve the expenses as submitted in the amount of $324,162.92.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Rose, to approve the expenses for the ambulance district in the amount of $28,853.32.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Egusquiza, to approve the payroll for December 2005 as submitted in the amount of $303,848.19.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

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

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Cruser, to approve the minutes for December 12, 2005 as submitted.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The minutes for December 19, 2005 were held for clarification of a statement made.  The Clerk will listen to the audio tape and resubmit those minutes for approval at the next meeting.

 

Chairman Rose read the tax cancellations into the record: No. 797 Sunset Ridge LLC $55.32, No. 798 Andrew Johnson $284.47, No. 799 Farmers Ware House $222.00, No. 800 Richard W. & Malinda Bergan $12.18, No. 801 Brian & Amy Wesenberg $257.93, No. 802 John A. Seymour Jr. $208.21, and No. 803 Gregory & Lisa Wickard $417.35 for a total of $1,457.46.  Motion by Egusquiza to approve the tax cancellations as read, second by Cruser.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read the Certificates of Residency into the record: Savanna Krystal Burgess, Daniel Robert Downen II, Caleb Ronald Durrence, Chris Gerald Hathaway, Courtney Charbonneau Loftus, Paul Gary Montgomery, Ginger Marie Moyer, Joshua Joseph Novinger, Jordane Christine Price, Shamon Leigh Ramsey, Marcus Dwayne Santistevan, Kevin Scott Shenk, Amanda Patrice Stewart, Anna Barbara Stowell, Gloria Werner, and Emmy L. Zumstein.  Motion by Egusquiza to approve the Certificates of Residency as read, second by Cruser.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Findings of Facts and Conclusions of Law for Rick Taylor were discussed.  Motion by Egusquiza, second by Cruser, to approve the Findings of Facts and Conclusions of Law for Rick

Taylor as presented.  A roll call vote was taken:

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - Approved of the Findings of Facts in Context but stands by her original vote of NAY.   Motion carried and so ordered.

 

The Findings of Facts and Conclusions of Law for Rhead Dairy were discussed.  Motion by Egusquiza, second by Rose to approve the Findings of Facts and Conclusions of Law for Rhead Dairy as presented.  A roll call vote was taken:

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - Approved of the Findings of Facts in Context but stands by her original vote of NAY.   Motion carried and so ordered.

 

There was discussion about Agency Notifications of upcoming Planning and Zoning Commission public hearings.  Clerk Best stated that the idea had first come to her in connection of voting precincts in rapid growth areas such as Mayfield.  Clerk Best stated she thought perhaps they should comment prior to Planning and Zoning approvals.  Prosecutor Schindele stated it might not be a good idea for the Board to comment, but they certainly might like to keep informed of what is coming up for the Planning Commission.  Prosecutor Schindele stated that Clerk Best certainly could submit written comments if she so desired.  Clerk Best stated she would do that for any large developments coming into the Mayfield area because she is worried about where, if there was a large influx of people out there, those people would vote.

 

Motion by Egusquiza, second by Cruser, to sign the amendment to the contract for the operation of the Glenns Ferry Sanitary Landfill.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

Motion by Egusquiza, second by Rose, to sign the amendment to the contract for the operation of trash hauling.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

There was discussion regarding the Chairmanship of the Board for 2006.  Motion by Rose, second by Cruser, to appoint Commissioner Egusquiza as Chair of the Board for 2006.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Bonnie Sharp appeared, at the Board’s request, to discuss the Pepper Ridge Subdivision.  Bill Weaver is scheduled to appear at 3:30 to discuss a variance.  There was general discussion about the project.

 

The Curtis and Loesby 4-Lot Letter of Information (LOI) was discussed.  Motion by Rose, second by Egusquiza, to approve the 4-Lot LOI Subdivision for L. Janelle Curtis and L. Michelle Loesby.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Lockman 4-Lot LOI was discussed.  Motion by Rose, second by Cruser to approve the 4-Lot LOI Subdivision for Lockman Butte LLC with the condition that the suggestion of at least a 75 foot fire break be built around each structure as suggested by Mountain Home Rural Fire Protection District be implemented.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

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

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

At 1:30 the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate on a motion by Egusquiza, second by Rose.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The following decisions were made:

 

K-08-05-07 Motion by Rose, second by Egusquiza, to dismiss the case as St. Alphonsus withdrew the application and both providers that appealed withdrew the appeals.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-11-05-07 Motion by Egusquiza, second by Cruser, to deny for lack of information and there was no interview.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-11-05-10 Motion by Rose, second by Cruser, to deny for all reasons.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-11-05-08 Motion by Egusquiza, second by Rose, to deny as not obligated county, no interview and no documentation was received.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A hearing was held on K-07-05-02.  Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Prosecutor Schindele, and Deputy Clerk Steele.  Ms. Bate explained that the hospital is asking for a continuance as Elmore County might not be the last resource.  Motion by Egusquiza, second by Cruser, to continue the hearing until further notice.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session resumed.

 

An application from the Amazing Grace Church asking for a tax exemption was reviewed.  Chairperson Egusquiza called the recorders office and asked for more information.  The

information was received and reviewed.  Motion by Cruser, second by Rose, to approve the application for property exemption.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The City of Area of Impact Ordinance was discussed.  The County is waiting for the City to give the County a City Ordinance number.  Chairperson Egusquiza phoned the City and was informed that the City did not have an Ordinance and would have to go through the process to adopt one.  The County’s Area of Impact Ordinance will be tabled until the City is ready.

 

Correspondence was reviewed by Chairperson Egusquiza. 

 

Motion by Cruser, second by Rose, to nominate Alvin Powers, Steve Hudson, and Barbara Lambert to the El Wyhee Business Association and instructed Deputy Clerk Steele to send the nomination back to the Association. 

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A letter was received from Elmore Medical Center Hospital District:

 

December 12, 2005

 

Re: EMS Trailer House

 

Dear Commissioners:

 

Gail has informed me that a certain trailer house, currently in use by the county ambulance service, belongs to the Hospital District virtue of a donation from the Highway District some 15 plus years ago.

 

I am unable to locate any type of “use agreement” that may have been contemplated around 1989-1990, between the county ambulance service and the Hospital District regarding this trailer.  I am also unable to locate any record of ownership or title to this trailer.

 

Noting that the trailer has no appreciable value to the Hospital District, and the county can effect its removal for any salvage value derived, the Hospital District hereby donates to Elmore County any and all ownership in said trailer used by the county ambulance service and residing on Volunteer Fire Department property located at South Main Street, Mountain Home, Idaho.

 

Let me know if I need to sign any Bill of Sale or Title Transfer.

 

Respectfully,

Greg L. Maurer, Administrator

 

The Commissioners told Deputy Clerk Steele to ask Clerk Best to get something in writing from the Hospital regarding the donation.

 

A letter from the Historical Foundation was read by Chairperson Egusquiza:

 

November 22, 2005

 

Elmore County Commissioners, Elmore County Courthouse.

 

Dear Commissioners,

 

We would like to take this opportunity to THANK YOU for the support to the Elmore County Historical Foundation.  At this time, we would like to request the promised $3,500.00 for operational funds.  Please, would you send the funds to our mailing address?  180 South 3^rd East, Mountain Home, ID.

 

Thank you for your consideration.

 

Sincerely,

Sheryle Landon, Treasurer

Elmore County Historical Foundation.

 

The Commissioners instructed Deputy Clerk Steele to ask Clerk Best to issue the funds to the Elmore County Historical Foundation.

 

At 3:00 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Egusquiza, second by Rose.   

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The executive session was called to hear a reimbursement issue on K-05-05-03.  Present were the three Commissioners, Social Services Director Marianne Bate, Prosecutor Schindele, Deputy Clerk Steele, the applicant and her representative.  Discussion followed and questions were asked and answered.  Motion by Rose, second by Egusquiza, to waive the reimbursement order with the condition that the applicant maintains contact with her social workers.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session resumed.

 

Bill Weaver, a developer who lives at 5797 N. Bogart Lane, Boise, Idaho, and Bonnie Sharp, Growth and Development Director, appeared before the Board with a variance request for the Pepperidge Subdivision.  Mr. Weaver explained that there are several lots that don’t meet the 3:1 depth to road frontage ratio.  A variance is required because the Ordinance does not specifically address this situation.  The Planning and Zoning Commission recommended approval of this variance because strict adherence to the Ordinance would cause additional cost and potential inaccessibility.  Discussion followed on his variance request. 

 

Mr. Weaver showed the Board on his map where the water sources would be for the proposed development.  Commissioner Cruser asked Mr. Weaver what his role is in the development of this property?  Mr. Weaver stated he is the developer and the engineer for the project.

 

Chairman Rose asked Mr. Weaver if he did realize that granting this variance will not confer on the applicant any special privilege that is denied by the Ordinance to other lands, structures, or buildings in the same district?  Mr. Weaver stated he did.  Commissioner Rose noted, for the record, that the Planning and Zoning Commission had voted unanimously in favor of approval of the variance on December 7, 2005.  Motion by Rose, second by Cruser to concur with the decision of the Planning and Zoning Commission to grant the application for a Variance to the Elmore County Zoning and Development Ordinance, Subdivision Development Standards, for Pepper Ridge Development, LLC.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Rose, to go into executive session pursuant to I.C. 67-2345(d) to meet with Social Services Director Marianne Bate.  A hearing of reconsideration on K-06-05-09 was held.  Present at the hearing were the three Commissioners, Clerk Best, Prosecutor Schindele, Bonnie Miller of Elmore Medical and Suzanne Rodolosi, 2914 Onati, Mountain Home.  Motion by Egusquiza, second by Cruser to grant a continuance until February 13, 2006 to see if the Veteran’s Administration will reconsider their decision.

EGUSQUIZA -AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Dave Bergh, the Vice Chairman of the Agri-Business Coalition, Inc., appeared before the Board during the public portion of the meeting.  Mr. Bergh stated he was there to discuss the roads near the beet dumping areas around the County.  Mr. Bergh stated that he had heard the Board had complaints about the ruts in those areas.  None of the Commissioners had heard any complaints so Chairman Rose suggested that perhaps it was the Highway District’s Commissioners that had been hearing the complaints.  Mr. Bergh stated that this had been a pretty unusual year, and there is a lot of mud because the ground is not frozen like it generally is at this time.  Mr. Bergh stated that it is unfortunate because the beets need to get to market and the plentiful rain has caused quite a mess.  There has been attempts to level the ground with heavy equipment, but the truck tires keep sinking, causing deep ruts.  Mr. Bergh said the fortunate thing is that the beets will be finished soon, and they may try to add some gravel to the exits in those areas to help with wet years.

 

Alan Roberts, representing Elmore Rescue, appeared to discuss the Elmore County Rescue Services building.  Mr. Roberts stated that he had received two architectural proposals, the lowest of which was $10,900.  There was discussion about the price since Mr. Roberts had made all the preliminary drawings already before it was discovered that an engineer’s official plan was required since the building is a public building.  Commissioner Rose asked if Mr. Roberts had contacted Lombard Conrad.  Mr. Roberts stated he had, but they had not returned his calls.  Commissioner Rose stated he would be willing to call Joe Conrad to see if they could get a little better price because the firm has been doing so much work on that site anyway because of the jail.  Commissioner Egusquiza stated the topographical and geological surveys that were done, were done on the entire parcel of land and not just the actual jail site.  The Board stated they would let Mr. Roberts know what they found out.