COMMISSIONERS MINUTES                                     AUGUST 28, 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.

Present at the meeting were Chairperson Mary Egusquiza, Commissioners Larry Rose and Connie Cruser.  Also present was Clerk Merrilee Hiler.

Two four (4) Lot Letter of Information's (LOI’s) for Jon McDaniel were reviewed and set aside for further discussion.

The All Hazard Mitigation Plan was reviewed.  Chairperson Egusquiza read the proposed Ordinance into record:

ORDINANCE ADOPTING ALL

HAZARDS MITIGATION PLAN

ORDINANCE NO. _____

AN ORDINANCE OF THE COUNTY OF ELMORE, A CORPORATION OF THE STATE OF IDAHO, ADOPTING THE ELMORE COUNTY, IDAHO, ALL HAZARDS MITIGATION PLAN AND APPENDICES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS, IDAHO:

Section 1.  Code Adoption.  The Elmore County, Idaho, All Hazards Mitigation Plan and Appendices, developed by the Elmore County All Hazards Mitigation Plan Committee in cooperation with Northwest Management, Inc., is adopted as the official All Hazards Mitigation Plan of Elmore County.  The Elmore County Clerk shall maintain a copy of the All Hazards Mitigation Plan and Appendices on file in the Clerk’s office.

Section 2.  Severability.  This Ordinance is hereby declared to be severable.  Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining  provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.

Section 3.  Repeal of Conflicting Provisions.  All current Elmore County ordinances that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

Section 4.  Effective Date.  This ordinance shall be effective upon its passage and publication as provided by law.

Enacted by the Elmore County Board of County Commissioners as an ordinance on the ______ day of __________ 2006.

ELMORE COUNTY COMMISSIONERS

Motion by Egusquiza to accept the ordinance as written on the Ordinance Adopting the All Hazards Mitigation Plan, second by Cruser.  A date and time will be scheduled for a public hearing.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

A conference call was made, and the Commissioners spoke with Jeff Berger who is with Intermountain Communications.  The call was placed to receive updates on repeaters that are being installed on Grape, Danskin, Dog and Iron Mountains.  He stated the Forest Service has changed personnel and may be doing environmental impact studies in the areas of the repeaters.  Construction of the sights has started, Grape Mountain, Danskin Mountain and Iron Mountain will be done by the first part of October.  Dog Mountain is the only one that hinges on the Forest Service doing some work and it is on hold at the moment.  Since all work needs to be completed  before the snow flies, they are continuing the work based on the previous agreements and will continue to do so until the Forest Service tells them otherwise.

Motion by Egusquiza, second by Rose to sign the title for 1998 Pontiac 4 door Bonneville that was totaled.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Motion by Egusquiza, second by Rose to approve expenses in the amount of $52,117.99

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Alan Baumgardner, the new Veteran’s Service Officer, introduced himself.  He had questions regarding his budget, office space, equipment, outreach, and office hours.  Dan Collins will look at his office to see how much the County Maintenance Department can assist him. Commissioner Rose explained that part time employees do not have employee benefits.  Mr. Baumgardner will also get a cell phone.

The Elected Officials and Department Heads portion of the meeting was held.

Dan Collins, Plant Facilities Manager stated his office was busy rearranging offices for the new  County Officials.  He also has been attending the new jail transition team meetings and is pleased with the construction at the site.  The County has one year after completion to accept the building.  He is concerned about the 2” pressurized sewer drain at the Emergency Services Building.  The contractor indicates that it is okay.

Monica Halliday, Juvenile Probation, stated the detention contract and the Idaho Waste Grant both expire in September.  She is working on both items.  Ms. Halliday stated that department needs a part time female community service person.  Commissioner Rose indicated a contract would be the better for the County.   She stated she would advertise for that position.  The State District liaison for juveniles will provide an evaluator at no cost to the county to evaluate the current programs.  She will be contacting them for assistance.  The Juvenile Policy and Procedures they have worked on is being reviewed by Judge Epis.  The department has started using the Risk Assessment Tool.

Jo Gridley, Assessor, reported she is catching up after attending the Assessor’s conference in Bonners Ferry.  Ms. Gridley reported ten people filed appeals to the State Board of Tax Appeals on their property assessments.   One of the Assessor’s vehicles has a broken seat.  Possibly replacing the vehicle next year was discussed.  Ms. Gridley reported her office had acquired the big printer from the recorder’s office.  Their two new employees are working out well.  Commissioner Rose asked about the Board of Tax Appeals and where the hearings would be held.  Jo stated here in the Courthouse.  Chairperson Egusquiza and Commissioner Rose stated they wanted to attend the hearings and asked Jo to keep them informed.  The State Board has to make their decisions by May. 

A letter that was received from the City of Glenns Ferry regarding tax due on property that the City took back by default was discussed.  The letter requested Elmore County to cancel back taxes.  Teri Lasuen from the Treasurer’s office stated we have had other instances such as this and the back taxes are still due.  Ms. Lasuen stated we have to answer to all the taxing districts, them being one.

Teri Lasuen, Chief Deputy, Treasurer’s Office, reported her office is working on the 2003 (three year) delinquencies.  There are a total of 121 and after the letters are sent, payments are usually received on the majority of them.

Tom Gibbon, Security, stated he had no report.

Mir Seyedbagheri, Extension Office, appeared before the Board.  Chairperson Egusquiza read a portion of a letter that was in Correspondence regarding odors from Dairies and referenced an article that was in the Idaho Statesman.  Mir will research and respond to the letter.  Mir handed out a report on the projects he has been working on and reviewed them with the Commissioners.   The Potato Tuber Moth was being investigated, all the traps were negative.  He was certifying noxious weed-free alfalfa grass along with other projects.

Rick Layher, Sheriff, and Chief Deputy Nick Schilz appeared before the Board and discussed the re-roofing project in reference to the camera at the transfer site in King Hill.  Discussion followed on how data was going to be collected to monitor offenders dumping illegal trash.  Sheriff Layher stated his concern about a weapon issued to the previous Prosecutor and an investigation will be made by the State.  Commissioner Cruser stated she had been to a Sage Resource meeting that discussed hiring and training correctional officers.  Other Counties are having the same problem as we are in hiring.  Sage Resources recommendation was to call Roger Matson at Commerce and Labor as they have the funds to train those workers.  Commissioner Cruser stated she would pursue that.  Sheriff Layher stated if they would help us with training that would be great.

Nick Schilz left some paperwork about the mosquitoes and West Nile Virus Problem. Russell Duke from Central District Health will be invited to the special meeting on August 30, 2006.  The Disaster Declaration has been submitted to the Governor and now we need to send them our abatement plan.

Sandra Herrboldt, 1780 North 5^th East, Mountain Home, Idaho, appeared before the Board to discuss an incident that happened last September.  Her fiancée had just had major heart surgery, then had a major stroke.  She phoned 911 and an ambulance was dispatched.  The officer told her that the first ambulance had broke down and said the second ambulance was on the other side of town and was on the way.  This last Saturday her fiancée had a massive grand mall seizure.  It took 38 minutes from the time the call was made to the time they got him to the hospital.  Her concern is that in addition to the 38 minutes the ambulance personnel didn’t know their way around town, and had no GPS or map.  She stated it shouldn’t take 38 minutes for the ambulance to get to her house and transport to the hospital.  She stated she spoke to Deputy Parsons and was invited to come to the E- 911 meeting.  Chairperson Egusquiza told Ms. Herrboldt to request a copy of the tape from dispatch which then can be taken to Northwest Paramedics.   Chairperson Egusquiza stated we still need the City of Mountain Home to provide us with their addressing information to finish the E-911 project. 

Jennifer Crogg, Probation, had no report.

Dan Weitz, Developer, Becky McKay from Engineering Solutions, and Robbie Robinson, Realtor, appeared before the Board.  Mr. Weitz stated that on October 4, 2006 there is a public hearing before the Planning and Zoning Commission on his proposed planned community (subdivision).  Mr. Weitz discussed his proposed subdivision and the right of way he had given to the City of Mountain Home for Marathon Cheese.  He had an agreement with the City that if he granted the City a right of way, the City would approve and annex his subdivision.  The City voted not to approve the annexation.  Mr. Weitz stated they will have the City sewer and water  hook ups.  They stated they are better off being in the County and the taxes will be less to the subdivision residents.  Discussion followed on why the City would not want the tax base from the Subdivision.  Mr. Weitz stated if the Board had any questions to let him know.    

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

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Brett Silvers appeared before the Commissioners to give them an update on the solid waste pickup.  Discussion followed on the King Hill Site.

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.

The following decisions were made:

K-05-06-07  Motion by Rose, second by Egusquiza, to deny on grounds that the appeal has been withdrawn.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

K-08-06-04  Motion by Egusquiza, second by Rose, to deny as not last resource.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

K-08-06-02  Motion by Egusquiza, second by Cruser, to deny as not last resource.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

K-07-06-05  Motion by Egusquiza, second by Cruser, to deny as not indigent, application is incomplete, and mail sent has been returned.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

K-07-06-06  Motion by Egusquiza, second by Cruser, to deny as not indigent, applicant has the ability to pay over a five year period.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

K-07-06-07  Motion by Egusquiza, second by Cruser, to deny as applicant has the ability to pay over a five year period.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Still in Executive Session, a hearing of reconsideration was held on K-04-06-03.  Present at the hearing were the three Commissioners, Clerk Hiler, Social Services Director Marianne Bate, Ann Kaley and Mark Peterson from St. Lukes Regional Medical Center, and the applicant.   Discussion followed and the hearing was closed. 

A hearing of reconsideration was held on K-06-06-01.  Present at the hearing were all three Commissioners, Clerk Hiler, and Social Services Director Marianne Bate.  Discussion followed.  Motion by Egusquiza, second by Rose, to continue the hearing for 60 days to October 23, 2006.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Regular session resumed. 

The public portion of the meeting followed.

Carolyn Granton and Rita Aquirre appeared before the Board.  Discussion followed with the Commissioners that when Ms. Granton moved here on March 4^th of this year she was unaware of the Homeowners Exemption application process and therefore did not apply.  Chairperson Egusquiza asked if there was an existing Homeowners exemption on the property, and there doesn’t appear to be.  Chairperson Egusquiza phone the Assessor’s office and Assessor Gridley came down.  Discussion followed.  Ms. Granton purchased the property on December 15, 2005.  Assessor Gridley stated her mail is still going to Florida and was unaware that she was living there.  Chairperson Egusquiza asked who she closed the house with and she stated Guaranty Title.  The closing was done by mail.  Assessor Jo Gridley stated she will be eligible for the Homeowners Exemption next year, possibly this year she could apply for a hardship.  Chairperson Egusquiza advised Ms. Granton to apply for a hardship.  Assessor Gridley will get the form for her to fill out.

Bonnie Sharp, Growth and Development Director, and Jon McDaniel who has applied for two four Lot Letter of Informations, (LOI’s), appeared before the board to request their approval.

Motion by Egusquiza, to approve the two, four lot Letter of Informations for Jon McDaniel, and that the Declaration of Covenants be recorded as the additional conditions are included in that document, second by Rose.   Chairperson Egusquiza amended her motion to include the corrected legal descriptions in the Findings of Facts from the Planning and Zoning Commission, Commissioner Rose amended his second.  Bonnie Sharp will do the corrections on the Findings of Facts.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Motion by Rose, to deny the appeal on K-04-06-03 as not indigent, second by Egusquiza, as the applicant has equity in his business by his own admission.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

Bonnie Sharp, Growth and Development Director, appeared before the Board with her monthly report.  Bonnie stated her office went to Ada County on Friday and the meeting was very enlightening.  She reported that growth in the area is coming, we need to have good employees.  Bonnie stated she needs another planner.  Discussion followed on salaries and hiring for the Growth and Development Department.  Bonnie stated the land issues coming to Elmore County are many and complicated. 

Correspondence was reviewed.

Chairperson Egusquiza stated there is a meeting on Wednesday, August 30^th regarding mosquito’s and West Nile Virus.  A brief update was given by Chairperson Egusquiza and what would be discussed at the meeting.

Motion by Egusquiza, second by Rose, to adjourn.

EGUSQUIZA................................................ - AYE

ROSE............................................................ - AYE

CRUSER....................................................... - AYE     Motion carried and so ordered.

/S/ MARY EGUSQUIZA, Chairperson

ATTEST: /S/ MERRILEE HILER, Clerk