COMMISSIONERS MINUTES FEBRUARY 13, 2006
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 were Chairperson Mary Egusquiza and Commissioners Larry Rose and Connie Cruser. Also present at the meeting was Clerk Gail Best.
Motion by Egusquiza, second by Cruser, to approve the payroll for January 2006 in the amount of $300,733.21.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve the minutes of February 6, 2006.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
There was general discussion regarding the expenses.
Motion by Egusquiza, second by Cruser, to approve, for the record only, the Clerk’s Bail Bond Report, the Recorder’s Office Report, and the Treasurer’s Office Report for January 2006.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the Ambulance District’s expenses in the amount of $28,730.52.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Sheriff Rick Layher appeared before the Board to discuss several issues. Sheriff Layher brought the Board the Glenns Ferry Security Services and Joint Powers Agreement for Prosecution of City Code Violations contract for signature. Sheriff Layher stated the Prosecutor had reviewed the contract. Motion by Egusquiza, second by Cruser to sign the Joint Powers Agreement with the City of Glenns Ferry.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Clerk Best will send the Joint Powers Agreement to the City of Glenns Ferry for signatures.
Sheriff Layher stated he would like to discuss Don Tveidt’s salary with the Board. Sheriff Layher reminded the Board that when Officer Tveidt was rehired, the funds were not available to start him at an appropriate salary for his experience. Sheriff Layher said he has been remiss in remembering to arrange for an increase. Clerk Best asked if the Sheriff had the funds in his budget to cover the cost of the increase and the Sheriff replied he did. Sheriff Layher stated he felt a two step increase would be appropriate, beginning with the February pay period. There was discussion and the Board stated they had no problem with the increase.
Accounting techniques, which have been suggested by the outside auditor, were discussed. A meeting is scheduled between the Accountant and the Sheriff’s Department to see if implementation of the suggested procedure will work for the Sheriff’s Department.
The Confined Animal Feeding Operation (CAFO) proposed Ordinance workshop was held. Commissioner Cruser was waiting for more input on bonding for CAFO’s. She has not received all the information she had been waiting for and has decided to not pursue the bonding for a CAFO. The Commissioners agreed that the proposed CAFO Ordinance was done. At their regular meeting on February 27th, at 3:30 p.m. the Commissioners will put on their agenda a work session inviting the public to come in and comment, along with asking the Planning and Zoning Commission members for written comment on the proposed Ordinance. The proposed Ordinance will also be available on the County’s website and available in the Recorder’s office. After this workshop a public hearing will be scheduled.
The roadless area issue was discussed. A letter was received from Patricia A. Barclay from the Idaho Council on Industry and the Environment requesting comments from the Counties regarding the roadless areas in the forests south of the Salmon River and the Boise and Sawtooth National Forest. Chairperson Egusquiza will draft a letter.
Motion by Rose, second by Cruser to recess for lunch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
At 1:30 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Egusquiza, second by Cruser, with Social Services Director Marianne Bate.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The following decisions were made:
K-01-06-01 Motion by Rose, second by Egusquiza, to recommend approval and add to the current application as additional treatment.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-10-05-04. All three Commissioners were present, Social Services Director Marianne Bate, Prosecutor Schindele, and Deputy Clerk Steele. Ms. Bate gave a brief overview on the file. Motion by Rose, second by Egusquiza, to issue a final denial, not able to determine indigency, and not obligated county.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-10-05-05. All three Commissioners were present, Social Services Director Marianne Bate, Prosecutor Schindele, and Deputy Clerk Steele. Ms. Bate gave a brief overview and the hospital is requesting a continuance. Motion by Egusquiza, second by Cruser, to continue to March 13, 2006.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
The Commissioners asked Prosecutor Schindele if she had reviewed the bids on the Jail for Construction and Material Testing and Inspection. She stated she had not received a copy of the bids. Chairperson Egusquiza gave her a copy and the issue will be tabled until later.
A call was placed to Bonnie Sharp requesting her to come to the meeting to discuss the Letter of Information (LOI) for Judith O’Dell. Ms. Sharp arrived shortly thereafter and gave the Commissioners a brief overview of file. Judith O’Dell is the wife of Rick Taylor who has applied for a Conditional Use Permit for a Junkyard/Wrecking Yard on this property. A call was placed to Danette in the Growth and Development Department to get the dates the Conditional Use Permit was approved for Rick Taylor. On February 1st the Conditional Use Permit was approved by the Planning and Zoning Commission, the Findings of Facts and Conclusions of Law are on the agenda for the February 15th Planning and Zoning meeting for the Chairman’s signature. From the date the Findings of Facts are signed, there is a 15 day appeal period. It was discussed that Mr. Taylor is not in compliance with our Planning and Zoning Ordinance by having cars already on the property. The Commissioners asked Bonnie some questions about above ground tanks on the property. She understood that they would be used to hold water for fire protection. Commissioner Rose stepped out of the meeting to accept an incoming phone call. Motion by Egusquiza, second by Cruser, to postpone approval of the Letter of Information
for Judith O’Dell until the property is in compliance with the current Planning and Zoning Ordinance.
EGUSQUIZA - AYE
ROSE - ABSENT
CRUSER - AYE Motion carried and so ordered.
Commissioner Rose rejoined the meeting.
Motion by Egusquiza, second by Cruser to go into Executive Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-09-05-07. All three Commissioners were present, along with Social Services Director Marianne Bate, Prosecutor Schindele and Deputy Clerk Steele. Ms. Bate gave a brief overview of the case. Prosecutor Schindele asked Ms. Bate questions. Motion by Egusquiza, second by Rose, to issue a final denial, the County does not have proper documentation, the applicant did not appear, and discretionary income shows the applicant can repay the debt in a five year period.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Mayor McNeal, City of Mountain Home, appeared before the Board and brought a copy of an agreement the City has regarding Optimist Park which Chairperson Egusquiza requested. This will assist the County regarding the use of the County Fairgrounds.
Prosecutor Schindele stated she had reviewed the Bid Proposals for the Jail. A contract with Materials Testing and Inspection for quality control testing during construction of the jail was discussed. Prosecutor Schindele stated she had some problems with the contract language in paragraph ii and paragraph xiii. Prosecutor Schindele stated the contract is a standard contract but there is a typographical error in paragraph ii and she was uncomfortable with the indemnity clause in paragraph xiii. Prosecutor Schindele said she would work on it with MTI. The Prosecutor said the Board could go ahead and approve the contract, and she would work out the verbiage. Motion by Rose, second by Cruser, to approve the contract with Materials Testing and Inspection for quality control testing during the jail construction subject to the Prosecutor’s review of the contract language, for the sum of $18,702.00.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The draft contract with Ormond Builders, Inc. for construction of the Elmore County Jail was discussed. The Prosecutor has reviewed the contract. Motion by Egusquiza, second by Rose, to approve the contract, in the amount of $5,486,719.00.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Stephanie Kazyaka of the Juvenile Probation Department appeared before the Board to discuss the hiring of Amanda Stewart to work part time as a Community Service Supervisor. There was discussion. A telephone call was placed to Ted Knudson, Juvenile Probation Administrator to discuss the matter. The Board declined to sign the contract with Ms. Stewart until a meeting could be held which included the Magistrate Judge and the Board to discuss the position.
Bonnie Sharp appeared with some replies to questions the Board had earlier in the day. A problem with junked automobiles parked on property belonging to Judith O’Dell was discussed with Bonnie, Bonnie will call Rick Taylor about the automobiles.
Chairperson Egusquiza read the Certificate of Residency affidavits into the record: Glenn A. Kenney, Michelle M. Koelsch, Linda May Patterson, Joseph Donald Bussell and Patrick Richard Seeley. Motion by Egusquiza, second by Cruser, to approve the Certificates of Residency as read.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed by the Board.
Motion by Rose, second by Egusquiza, to approve the expenses in the amount of $346,190.15.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to adjourn the meeting.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/GAIL L. BEST, Clerk