COMMISSIONERS MINUTES SEPTEMBER 11, 2006
The Commissioners met in regular session on the above date in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.
Present at the meeting were Chairperson Mary Egusquiza, Commissioners Larry Rose and Connie Cruser. Also present was Clerk Merrilee Hiler.
Chairperson Egusquiza started the meeting remembering the terrorist attacks of September 11, 2001, today being the five year anniversary.
Chris Reninger, 752 S. Prairie Grass Drive, Mayfield, Idaho, asked if she could appear before the Board even though the public portion of the meeting isn’t until later in the day. The Commissioners stated that would be fine. Ms. Reninger brought in a petition from citizens in western Elmore County asking for a moratorium on applications for planned communities, planned unit developments and large-scale residential or commercial developments in western Elmore County. The citizens requested a six (6) month moratorium. Chairperson Egusquiza stated the Board had sent a letter to the Department of Water Resources regarding water levels in western Elmore County and are awaiting an answer. Ms. Reninger stated she is aware that the area is using 30,000 acre feet more water than is being recharged into the actual aquifer and there is a plan that has been drafted, and redrafted that is on someone’s desk somewhere. She stated they are very concerned about the water out there and the proposed growth. It will greatly impact the farmers and ranchers in the area. Chairperson Egusquiza stated all we can do is accept the petition for a moratorium and get back to Ms. Reninger after the Board has more answers. Commissioner Rose stated if you pass a moratorium and in six months time there isn’t a new Planning and Zoning Ordinance in place, the development can continue without specific restrictions. Commissioner Rose stated the Board has the same concerns in that area of the County. Chairperson Egusquiza stated the Board does not have any control over the water in the County. Chairperson Egusquiza also stated the Department of Water Resources is in charge and they need to let the County know how much water is available in the area. The Board thanked Ms. Reninger for coming in.
Motion to approve the payroll in the amount of $298,182.15 for August 2006, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the minutes for August 14, 2006 and August 15, 2006. Discussion followed, minor corrections were made.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, to approve for the record only the Recorder’s Office Report, the Clerk’s Bail Bond Report, and the Treasurer’s office report, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The expenses were discussed.
The Ambulance Contract was discussed along with the request from Northwest Paramedics to purchase two ambulances.
Dale Reisinger phoned and Chairperson Egusquiza spoke to him regarding the mosquito spraying. He is a bee keeper in Elmore County and is concerned about his bees. Chairperson Egusquiza referred him to Mir Seyedbagheri, Extension Agent, to answer his questions.
Chairperson Egusquiza then phoned Mir and explained her conversation with Mr. Reisinger. Mir stated Mr. Reisinger is not listed as a beekeeper in Elmore County. He is listed as a beekeeper in Emmett.
Motion by Egusquiza, second by Rose, to approve the expenses in the amount of $540,642.37.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The Urban Renewal District was discussed. Assessor Jo Gridley appeared before the board to answer questions. Assessor Gridley stated she believed that the County wouldn’t receive any funds, possibly new construction and annexation would be the only income the County would receive. Commissioner Rose stated this is the City’s endeavor. Commissioner Rose questioned how the City can put an additional tax burden on County residents. Commissioner Rose stated there is no way the City should have been able to do this without the whole County having input. The topic will be discussed later in the day.
Teri Lasuen, Chief Deputy, Treasurer’s Office, was asked to come to the meeting regarding the Letter received from the City of Glenns Ferry requesting delinquent taxes being cancelled on property they took deed to on a foreclosure. Chairperson Egusquiza asked about the tax deed process. Teri stated we can take tax deed on delinquent 2003 properties after we have gone through the proper channels. Glenns Ferry has the ability to sell the property and pay the County the delinquent taxes. Teri said she spoke to the City of Glenns Ferry and told them the County has to be responsible to the taxing districts. Commissioner Rose stated the County could cancel the taxes but he feels that would be inappropriate. The Commissioners asked Ms. Lasuen to prepare a letter to the City of Glenns Ferry and have the Prosecutor review it. Ms. Lasuen stated she would.
The proposed Fireworks Ordinance was discussed. Prosecutor Schindele is working with Fire Chief Phil Gridley on it.
Commissioner Rose had examples of work logs for such positions as Code Enforcer and Building Inspector. Extension Agent Mir Seyedbagheri’s office uses such forms.
The maps of the areas that will be sprayed for mosquito’s in Elmore County were reviewed. The Pine/Featherville area will not be sprayed, it has already froze in that area. Chairperson Egusquiza called the Extension office and asked for more colored maps to distribute.
Chairperson Egusquiza read Resolution 379-06 into the record:
RESOLUTION NO. 379-06
A RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.
WEHREAS, The Board of Commissioners of Elmore County have 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 operations of the Government of Elmore County for expenditure of those funds; and
WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting of September 11, 2006, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.
IT IS HEREBY RESOLVED:
1. That $50,000.00 from the Craig Wyden line item 654.854.098 be shifted to Elmore County Services Facility 655.855.098.
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 County of Elmore, State of Idaho, held on the 11th day of September, 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/ MERRILEE HILER, Clerk
Motion to approve Resolution 379-06, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Nick Schilz appeared before the Board regarding spraying for mosquitoes. Bee keeping was discussed. There are no registered bee keepers in Elmore County, however there are some hobby bee keepers. Deputy Schilz stated he offered Mr. Reisinger help with his bees, to help move them or cover them up. Mr. Reisinger is still not happy with those options. Commissioner Rose stated the reason we are spraying is because of the threat of West Nile Virus infested mosquitoes causing loss of life.
A small recess was taken.
Regular session resumed and the discussion resumed on spraying for mosquitoes and notifying residents of the spraying.
Representatives from the Mountain Home Irrigation District, Calvin Ireland, Terry Seegrist and Mike Landers, appeared before the Board. The District is building a new shop on Canyon Creek Road, the district sold their property over by Walmart. They are tax exempt and are requesting a refund of the building permit fee. Motion by Rose to refund the building permit fee in the amount of $915.75 to the Mountain Home Irrigation District, second by Egusquiza,
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Discussion followed and a letter will be drafted to our Growth and Development Department informing them that taxing districts are exempt from paying for building permits fees.
Assessor Jo Gridley appeared with more information on the Urban Renewal and new construction can be included. Discussion will follow later in the day on the subject, when Ron Swearingen from the City will be attending the meeting.
Motion by Egusquiza, second by Rose, to approve the ambulance district bills - Norco Inc. $68.47, Storage in Pine $250.00 Northwest Paramedics $28083.33.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to purchase a new desk for Deputy Clerk Steele to be funded from the Commissioner’s budget.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Rose stated a letter had been received from Attorney Wyncoop on the Highway Districts and the County’s Road Ordinance. The Commissioners want Prosecutor Schindele to respond to Mr. Wyncoop regarding suggestions to the Ordinance. Commissioner Rose feels a variance should be granted by the County also, not just from the Highway District.
Certificates of Residency were read into the record: Mercedes Agravante Dyer, Valeria Ranae Adams, Jordana Price, and Amber Lynn Smith. Motion by Egusquiza, second by Cruser, to approve as read and have the Chairperson sign.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed.
A letter from Vicki Smith from the E-911 Board was read into the record:
September 5, 2006
TO: Elmore County Commissioners
FROM: ECPSCB
This is to notify you that at our meeting on September 5, 2006 the board voted unanimously for Tom Ducharme to be the Chairman of the Elmore County Public Safety Board. The Board also voted to request that Vicki Smith be allowed to stay on for another term, and she was elected to be the Vice Chairman, upon the approval of the Board of Commissioners.
Secondly the Board voted unanimously to establish a full time position to be paid for through E-911 funds and will be an employee of Elmore County with all benefits as such. The money has been placed in the 2007 budget worksheet for this expense.
The third item discussed was the unsolicited proposal from EIS for mapping and GIS support for out future enhanced system. The Board voted to recommend that this proposal be accepted contingent upon the decision of the County Commissioners.
Vicki Smith
Chairperson Egusquiza stated she had contacted the Resource Advisory Committee (RAC) and that a letter needs to be sent requesting reimbursement in advance for the Emergency Services Building. A letter has already been prepared and will be sent with copies of invoices.
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. 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 following decision was made:
K-08-06-01 Motion by Rose, second by Egusquiza, to deny as the applicant has not made an appointment to come in for an interview.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Still in Executive Session a reconsideration hearing was held on K-05-06-04. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Prosecuting Attorney Lee Fisher, Deputy Clerk Barb Steele, Mark Peterson and Jill Lloyd representing St. Luke Regional Medical Center, and the applicant and her husband. Ms. Bate gave a brief overview of the case. Questions were asked. The hearing was closed.
Motion by Rose, second by Cruser, to approve K-05-06-04 with a reimbursement order of $50.00 per month.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
A reconsideration hearing was held on K-05-06-08. Present were the three Commissioners, Social Services Director Marianne Bate, Deputy Prosecutor Lee Fisher, Deputy Clerk Barb Steele, and the applicant and a representative for the applicant. Ms. Bate gave an overview of the case. The Commissioners asked the applicant questions. The hospital who appealed the case was not present. The hearing was closed.
Motion by Rose, second by Egusquiza, on case K-05-06-08 to issue a denial as the applicant is not a resident, he is a transient just passing through the County, and the County is not a last resource.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
A reconsideration hearing was held on K-05-06-11. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Prosecutor Lee Fisher, and Deputy Clerk Barb Steele. The hospital filed the appeal. No representatives from the hospital or the applicant were present. Ms. Bate gave an overview of the case. The hearing was closed.
Motion by Egusquiza, second by Rose, on case K-05-06-11 to deny as the applicant has discretionary income to pay the debt back in a five year period and is not indigent.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
A reconsideration hearing was held on K-05-06-02. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Prosecutor Lee Fisher, and Deputy Clerk Barb Steele. No hospital representatives were present. The applicant was not present. Ms. Bate gave an update on the case.
Motion by Egusquiza, second by Cruser, on case K-05-06-02 to deny as there is not enough information to make a determination if the applicant is indigent or if the County is the last resource.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed.
Case K-04-06-03 needed clarification on a motion made at the September 5, 2006 meeting by Commissioner Rose. Commissioner Rose stated the reason the case was denied was the applicant has over $120,000 equity in his business, and by his own admission the applicant stated he was able to work at his present employment, as well as with another employer.
Deputy Prosecutor Lee Fisher reviewed items that Prosecutor Schindele was working on. The Cashia Brown/Boschma complaint was discussed and a new date will be set for a hearing. Lee stated a letter from Mr. Wyncoop regarding the Highway Districts and our Road Ordinance doesn’t make a proposal itself, and do the Commissioners want Prosecutor Schindele to set up a workshop, or to try to draft some sort of amendment to the ordinance. The Commissioners just want her to respond to the letter. They do not want a workshop and believe the highway districts should provide the County with suggested amendments for review. Lee stated Prosecutor Schindele is doing more research on the Fireworks Ordinance. The letter to the City of Glenns Ferry regarding the delinquent taxes on a parcel of land they received back in foreclosure was discussed. The Commissioners told Lee to have Prosecutor Schindele check with Teri Lasuen in the Treasurer’s office. Also the three resolutions for the public hearing on fee increases will be done soon.
Gary Kuwabara, Department of Defense, and Ron Swearingen from Mountain Home Economic Development, appeared before the Board to discuss the land around Mountain Home Air Force Base. Civilian encroachment around Air Force Bases is increasing. He showed the Commissioners a brief slide show, one of the items on the slide show was an example of Nellis Air Force Base in Las Vegas, Nevada, and how the city has encroached on the Air Force Base there. After the presentation Mr. Kuwabara reviewed the information he brought regarding a proposed Office of Economic Adjustment, Joint Land Use Compatibility Study grant. The grant was requested by the State of Idaho for the five major military installations and surrounding areas in Idaho. Whether the County wants to participate in the study is the question. Mr. Kuwabara will come back with more information to present to the Commissioners.
Jo Gridley, Assessor, and Ron Swearingen, Mountain Home Economic Development, spoke to the Board regarding the Urban Renewal District. Discussion followed and information is needed to determine a final dollar amount and how it will impact the County.
A public hearing was held on proposed increases of Growth and Development Fees, a Department of Motor Vehicle administration fee increase, and adoption of the International Building Code (IBC) 2003 fee schedule for building permits, which is on file for review in the Growth and Development Department. A copy of the proposed fees and current fees were made available to the public.
Dave Bergh, Elmore County Agri-Business Coalition, stated the feedback he was getting was on the existing CAFO fee. The old fee was $0.00, the new fee being proposed is $500.00. This would apply to medium CAFO’s that were included in the new CAFO Ordinance. These CAFO’s are not new, and now they have to register. Bonnie Sharp, Growth and Development Director, also spoke regarding the proposed fee. There would be an investigation done, that is why a fee is being proposed.
Reducing the fee was discussed from $500.00 to $300.00 for registering existing CAFO’s.
Motion by Egusquiza, second by Cruser, to change the fee for registering existing CAFO’s from $500.00 to $300.00 and approve all the fees as proposed. Commissioner Rose wanted the record to reflect that Dave Bergh was the only person protesting the above fee that was changed. No other public gave input on the proposed fee changes. The proposed fees would go into effect on October 1, 2006.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Chairperson Egusquiza closed the public hearing.
Dave Bergh, Elmore County Agri-Business Coalition, spoke again to the Board regarding the proposed wind power ordinance. Commissioner Cruser asked about net metering, would that have to be included in our Ordinance. Mr. Bergh stated he did not think so. Commissioner Rose stated he felt that placement of the wind towers was the big issue. Mr. Bergh stated he felt that every entity should have a voice in the placement of the wind towers. Not just a block of land where none were allowed. Different heights restrictions in different areas would be better. Addressing them on a case by case basis was suggested. Also the FAA needs to approve them depending on the area. Landscaping and fencing was also discussed. Commissioner Rose stated that keeping kids from trying to climb them was the intention. Commissioner Rose stated the tax revenue was also being questioned and there are conflicting answers to that question.
Nick Schilz, Chief Deputy of the Sheriff’s office, spoke regarding notification on the mosquito spraying. The media has been notified. The spraying will be done tomorrow night as scheduled.
Motion by Rose, second by Cruser, to approve an emergency services building bill for $12,553.53 for the sewage ejection system.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Clerk Hiler asked if she could hold an employee meeting in the Commissioners Room and the Commissioners replied yes.
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/ MERRILEE HILER, Clerk
