COMMISSIONERS MINUTES MAY 15, 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, Commissioners Larry Rose and Connie Cruser. Also present were Clerk Gail Best and her Chief Deputy Merrilee Hiler.
Clerk Best asked Chairperson Egusquiza if one item could be added to the agenda, a Resolution to transfer funds? Motion by Egusquiza, second by Rose, to add the Resolution to the agenda.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Judge Epis appeared before the Board to discuss the written report of the recent assessment of the Juvenile Probation Office done by John Traylor. The report indicated that our department does not do the actual classes for the programs offered by the department, they set them up and administer them. The report also indicated that policies and procedures are needed for the department. Motion by Egusquiza, second by Rose, to go into executive session pursuant to Idaho Code 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the executive session.
Sheriff Rick Layher, Chief Deputy Sheriff Nick Schilz, and Deputy Laytreda Schultz appeared to discuss waterways. Laytreda presented a letter to the Board stating her position on various issues. The program is funded in several ways, the law enforcement part of it is funded by a grant received for boat safety, which is a $28,000.00 grant. The Waterways Improvement Grant, including the matching funds is $60,000.00. The grants are from the Parks and Recreation Department.
The funds to provide law enforcement patrols comes from the Federal Boat Safety Account, which is administered by the United States Coast Guard. These funds are from a portion of the federal motorboat fuel tax and can only be used for boating safety purposes, such as law enforcement, boat accident search and rescue, and public education. The formula for the funding includes inspections, boating law enforcement hours and education. The number of inspections reported in 2003 were 203 and in 2005 were 1,073. Patrol and Law Enforcement hours were 4800 hours in 2003 and 2,680 in 2005. Ms. Schultz said because of their efforts in the required components they were able to increase the funding for Elmore County from $19,000.00 to $29,000.00 for this upcoming season.
The Board had questions as to why Detective Andrus was sent to training when he was so busy? Ms. Schultz stated she had gone to all the division supervisors to see if there was anyone that wanted to attend this year’s class because with the grant funds Elmore County could afford to send more people. Detective Andrus was the only one who expressed interest in attending.
Chairperson Egusquiza stated the Board used to receive periodic reports from Donnie LaBelle when he was the Marine Deputy. Commissioner Cruser stated the Board needed to at least be informed as to what is going on with the program so they could answer questions when asked. It was agreed that improved communication is necessary and will be forthcoming.
Bonnie Sharp and Myron Adamson of the Growth and Development Department appeared before the Board to join in the discussion brought by John Hopson regarding the need for a Code Enforcement person. Mr. Hopson brought the Board photos he had taken of old mobile homes that supposedly are being used for storage units. The photos also depicted junk cars all over the County. Mr. Hopson stated that something needs to be done in Elmore County to improve the problem, and at the very least we need something to prove that these structures are even sound. Mr. Hopson stated that the Board needs to do an ordinance outlawing these junk trailers and putting a time limit on how long a time period is allowed for remodeling them and penalties that can be enforced. Bonnie Sharp stated that the ordinance is currently being worked on. Mr. Hopson stated it seems everything “is being worked on”. Mr. Hopson stated the ordinance needs to state that the County can put a lien on these properties if the situation isn’t cleared up. Commissioner Rose stated the Board would get together with the Prosecutor to come up with language for the County ordinance so there would be some enforcement powers. Clerk Best will work on getting an appropriate job description for a Code Enforcement person through BDPA.
Bonnie Sharp presented the Board with a packet containing two 4-Lot Letters of Information (LOI’s) for Rob and Cheryl Prindle. The LOI’s were discussed by the Board and Ms. Sharp. Chairperson Egusquiza stated that she had spoken with Russell Duke of Central District Health about how helpful it would be if the Department of Water Resources would get involved with the plats or LOI’s before Central District Health gets the opportunity to sign the plat, especially in critical water areas. Bonnie Sharp told the Board that the airstrip has not been approved as yet, that will be done separately. Motion by Rose, second by Egusquiza to accept the Prindle’s two 4- Lot LOI’s with the same conditions noted by the Planning and Zoning Commission.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza, to recess for lunch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
At 1:30 p.m. on a motion by Egusquiza, second by Rose, the Commissioners met in Executive Session pursuant to Idaho Code 67-2345(d) with Social Services Director Marianne Bate and Social Services Secretary Katrina Welch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The following decisions were made:
K-04-06-03 Motion by Cruser, second by Egusquiza, to disapprove as not indigent because of equity in property, not indigent.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-04-06-05 Motion by Egusquiza, second by Cruser, to approve with reimbursement order of $30.00 per month and 50% of any tax refund and case to be reevaluated on an annual basis, and tax returns, if any, evaluated.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-04-06-06 Motion by Egusquiza, second by Cruser, to deny as incomplete, not last resource, not indigent.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing of reconsideration on K-01-06-02 was held. Present at the hearing were all three Board members, Clerk Best, Chief Deputy Clerk Hiler, Marianne Bate and Katrina Welch. The request for reconsideration was submitted by St. Luke’s Regional Medical Center, who was not present. The applicant was not present. The case was discussed, Ms. Bate stated that the applicant has been sent letters, has not had an interview, and there is no new information to support the application. Motion by Egusquiza, second by Cruser, to uphold the denial based on the fact that there is no new information to support the claim.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed.
Motion by Egusquiza, second by Cruser, to recess as a Board of Commissioners and convene as a Board of Equalization.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
An application for property tax exemption from River of Life Family Worship Center/Church of God #4773, 390 North 11th East, Mountain Home, was reviewed. The exemption is for a 2001 Blazer Industries 24x60 manufactured building on property described as Tax 419 Section 25, Township 3 South, Range 6 East, parcel #RPA03S06E251531. The building is used for classrooms. Motion by Egusquiza, second by Rose, to approve the property tax exemption for River of Life Family Worship Center/Church of God.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to recess as a Board of Equalization and reconvene as a Board of Commissioners.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Chairperson Egusquiza asked Commissioners Cruser and Rose if they had read the letters sent by Mike Crawford of the Elmore County Democratic Central Committee announcing vacancies in office and the Committee’s choices for filling those vacancies. For Assessor the choices are: 1. Jo E. Gridley 2. Donna K. Alger 3. Carol Wood. Motion by Rose, second by Egusquiza, to appoint Jo E. Gridley to fill the vacancy of Assessor effective June 1, 2006.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
For the Clerk of the District Court, ex-officio Auditor/Recorder the choices are: 1. Merrilee Hiler 2. Krisann Gatlin 3. Teri Lasuen. Motion by Rose, second by Cruser to appoint Merrilee Hiler to fill the vacancy of Clerk effective July 22, 2006.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Commissioner Rose read a proposed Resolution into the record.
RESOLUTION NO. 372-06
A RESOLUTION AMENDING THE BUDGET OF VARIOUS AGENCIES AND DEPARTMENTS OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.
WHEREAS, The Board of Commissioners of Elmore County has the authority and duty under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6 of the Idaho Code to provide funding operation of the government of Elmore County for the expenditure of those funds; and
WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting of May 15, 2006, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.
IT IS HEREBY RESOLVED:
1. That $770,936.00 be shifted from 138-338-00-99 of the PILT Fund, to the following line items:
A. $500,000.00 to 190-390-00-099 of the Justice Fund.
B. $70,936.00 to 185-385-00-098 of the Glenns Ferry Police Contract Fund
C. $200,000.00 to 191-391-00-099 of the Solid Waste Fund.
2. That this Resolution shall have effect immediately upon its passage.
PASSED, at a regular meeting of the Elmore County Board of Commissioners in the City of Mountain Home, County of Elmore, State of Idaho, held on the 15th day of May, 2006, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.
ELMORE COUNTY COMMISSIONERS
/s/ Mary Egusquiza, Chairperson
/s/ Larry E. Rose, Commissioner
/s/ Connie Cruser, Commissioner
ATTEST: /s/ Gail L. Best, Clerk
Motion by Egusquiza, second by Cruser, to approve the Resolution amending the budget of various agencies and departments of the Elmore County Government to provide continuing funding and adjust for changes in spending priorities. A roll call vote was taken.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Dan Hennis, 1811 Tailspin Lane, Oasis, Idaho, appeared before the Board during the public portion of the meeting. Mr. Hennis asked the Board if the rumors he has heard are correct - did they approve Tullis Palm Estates? Commissioner Rose stated that the ordinance reads it’s OK to have the smaller lots, the new ordinance is not done, and density is not part of the current ordinance in place. Commissioner Rose stated he felt they had made a mistake, and needed to revisit the issue. Commissioner Cruser stated she worried about it too. Chairperson Egusquiza stated she did not agree and voted no. Mr. Hennis stated that the current comp plan says five acres, and the current ordinance says on acre, Mr. Hennis stated he felt the Board should go conservative and be flexible. Mr. Hennis stated the residents of Oasis, Mayfield and Tipanuk feel like they are not represented. Commissioner Rose stated that he needed to understand the ordinance is law and the comp plan is just a guide. Mr. Hennis stated they are trying to be active participants in shaping their community. There is just not enough water out there to support all these homes. Chairperson Egusquiza invited Mr. Hennis to come to a Board meeting of Central District Health at 1:00 p.m. this Friday to discuss water concerns and gave Mr. Hennis a point of contact. Chairperson Egusquiza serves on that Board and will be present.
Bob Ruth, 19550 Del Norte, Oasis asked, if when overturning the decision of Palm Estates, their Counsel stated that the Ordinance should be the final say? Commissioner Rose stated that the Board should not have even looked at density. Mr. Ruth also asked if they did not have complete information, why would they overturn the decision? Commissioner Rose stated the Department of Water Resources, thus far, has not offered an opinion.
Motion by Egusquiza, second by Cruser to go into Executive Session pursuant to 67-2345(d).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed. No action was taken as result of the Executive Session.
Motion by Rose, second by Egusquiza, to go into Executive Session to I.C. 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed, no action was taken as result of the Executive Session.
The bid for the Elmore County Services Building was reviewed and discussed. There was discussion on where the additional funding could come from. A special session was scheduled for Thursday, May 18, 2006 at 10:00 a.m. to make a decision on the bid.
Motion by Rose, second by Egusquiza, to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
