COMMISSIONERS MINUTES NOVEMBER 13, 2006
The Elmore County 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, Commissioner elect Arlie Shaw and Elmore County Clerk Elect Mara Grimmett.
The Commissioners reviewed the expenses. Motion by Egusquiza, second by Cruser to approve the expenses.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser to approve the October, 2006 payroll.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose to approve the Ambulance District bills.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Rose said Carrie Vogt had requested to be put on the November 20, 2006 agenda at 2:30 pm. The Commissioners are requesting she bring the invoice for the new ambulance purchased by Northwest Paramedics with her.
Motion by Egusquiza, second by Rose to approve the Recorder’s Office Report and the Clerk’s Bail Bond Report.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to convene as a Board of Equalization.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Elmore County Assessor Jo Gridley presented the application for property tax exemption for the Elmore Medical Center Hospital District on the property recently purchased by the Hospital from the Catholic Church. Greg Mauer was present to represent the Hospital Board. Commissioner Egusquiza called Guaranty Title to inquire on the closing between the Catholic Church and the Hospital as to whether or not a tax prepayment had been made. Assessor Gridley indicated $14,007 for the quarter could be cancelled. Motion by Egusquiza, second by Cruser to approve credit for one quarter of 2006 with a full exemption for 2007.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser to recess as a Board of Equalization and convene and a Board of Commissioners.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
James Alderman, attorney for Adam and Alan Crane, the owners of Snake River Rubbish, LLC., appeared before the Commissioners. Adam and Alan Crane were also present. Mr. Alderman told the Board the Cranes, doing business as Snake River Rubbish, LLC, had purchased all the assets and equipment of Mark Simons, to include CM Construction, and Snake River Rubbish regarding the collection of garbage and land fill operations that Mark Simons had done with his contract with the County for those services. Mr. Alderman also indicated since the County Contracts with Mark Simons for the collection of garbage and maintenance of the land fill is silent on the assignability of the contracts they could be purchased and therefore they had assumed those contracts as well. They have been picking up the trash and maintaining the landfill since the closing on November 1, 2006.
This initiated a discussion on whether or not the contracts were actually assignable. The Commissioners and Elmore County Prosecuting Attorney Tina Schindele did not think the contracts were assignable.
Attorney Alderman brought proof of insurance for their Worker’s Compensation and liability on the trucks. They are working on getting the general liability insurance on the landfill to be in place this week. They are also meeting with Marty Jones of Central District Health this Friday at the landfill site to see what needs to be done there.
Elmore County Prosecutor Tina Schindele reviewed the contracts and stated that it appears the contracts for garbage pickup and land fill maintenance are assignable, contrary to what was formerly the understanding of the Board of Commissioners and herself.
Mr. Alderman stated they would like to work with the County on updating the current contracts. Ms. Shindele stated there would be a new Board of Commissioners in January, 2007 and it would be better to wait until that Board was in place.
Mr. Alderman said the County would have copies of the driver’s CDL’s tomorrow. Mr. Alderman was advised the County would need new contact telephone numbers as well. The Crane’s were advised to look at the copy of the landfill requirements that Marty Jones from Central District Health has.
Bonnie Sharp and Kayla Parsons appeared before the Board of Commissioners. They advised the Commissioners that the E911 Board had recommended that Tracy Lefever who works for the E 911 Board and is currently supervised by Bonnie Sharp be laterally transferred to be supervised by Kayla Parsons who is the Supervisor for Elmore County Dispatch. Ms. Lefever would still be paid out of the E 911 fund as a full time employee. Commissioner Rose asked Ms. Sharp if she still considered Ms. Lefever’s job to be part time if it were only for MSAG and addressing. Ms. Sharp indicated she still held to that belief. There was some discussion as to whether if Ms. Lefever moved to the Dispatch facility if her time would be diverted to doing non E911 work. If the position is under the supervision of Dispatch, she would then be in the same office as Ms. Parsons in the new jail facility. The position description would likely need to be revised. Commissioner Egusquiza requested Ms. Sharp, Ms. Parsons, and Ms. Lefevre appear before the Board of Commissioners next Monday for further discussion before a decision is made.
Bonnie Sharp appearing as the Growth and Development Director raised questions on an interim moratorium. She indicated Mr. Mark Pecchenino, a private consultant associated with Ada County Development Services, will have a proposed Planned Community Ordinance ready for the Planning and Zoning Commission to have a hearing in January of 2007.
Brett and Laurie Silvers appeared before the Board of Commissioners on trash hauling issues. They had previously been working with Mark Simons but are now no longer associated with him. They have established their own trash hauling business and wanted to offer their services if the Commissioners should ever need it in the future. They also wanted to assure the Commissioners they do not have any of the Counties dumpsters and can account for all the ones they do have. The Commissioners commended them on the trash hauling they had done for the County.
Motion by Egusquiza, second by Cruser to hear Carlene Braithwaite and Tom Vallard at 11:42 am instead of 2:00 p.m.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Carlene Braithwaite said she had heard Marks Simons had sold his waste collection and landfill maintenance business to the Crane Brothers. She requested the current contracts be set aside, be updated and then be put up for bid. She felt the landfill issues were another problem in that the landfill should first be brought up to standards before anyone should take or bid that contract. She raised the issue that if the land fill was not meeting the accepted land fill standards then Mark Simons should be responsible for remedying the deficiencies with the bond he was required to have to cover those issues. More questions were raised on whether or not the contracts were assignable or not.
Elmore County Prosecutor Schindele explained the difference between “exclusive” and “assign ability” and that a notice of deficiency would have to be delivered to the contractor to default the contract.
Ms. Braithwaite stated we needed to make sure the landfill was in compliance before anyone assumed or bid for that contract.
Commissioner Egusquiza stated we need to double check before proceeding.
James Alderman stated the Cranes were to meet with Marty Jones on Friday regarding the landfill and that the Cranes are committed to bringing the land fill into compliance. Mark Simons insurance should still be in place for any liability incurred.
Ms Braithwaite reiterated that County land needs to be protected and the contracts updated.
Mr. Alderman readdressed coming to the County with a new contract.
Ms. Schindele felt the current contract could be renegotiated with the new owners. The current contract is good until September of 2007.
Motion to go to lunch by Egusquiza, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed after lunch. The three Commissioners and Deputy Clerk Steele was present.
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:
A hearing of reconsideration was rescheduled on K-07-06-03.
K-02-04-05 Motion by Egusquiza, second by Rose, to accept the motion of surcharge for this case.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed.
The liquor license for Tobacco Connections was discussed with the Prosecutor. More research will be done and the item will be put back on the next agenda.
An appeal of a Planning and Zoning Commission decision on an approval of a final plat and the conditions attached to that approval from Ron and Rosie Castle was discussed. A public hearing will be set for December 11, 2006 at 4:00 p.m.
The Memorandum of Agreement to Support the Community Incentive Program (CIP), the Re-Entry Program (REP) and/or the Mental Health Program (MHP) between the County and the Department of Juvenile Corrections was discussed. Commissioner Cruser phoned Monica Halliday at the Juvenile Probation office with some questions.
Motion by Cruser, second by Egusquiza, to sign the Memorandum of Agreement between the County and the Department of Juvenile Corrections which includes the Community Incentive Program, the Re-Entry Program and the Mental Health Program.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The ABL Food Service Contract for the new jail was reviewed and corrections were made.
A public hearing was held on an Ordinance Repealing the Capital Investment Ordinance.
Commissioner Rose explained what the Capital Investment Ordinance was. He stated the excess money received from Idaho Waste Systems for a tonnage tipping fee per the mitigation agreement was supposed to be an astronomical amount and it has not been. The Capital Investment Ordinance was created to have a Board that advised the County Commissioners how that money should be spent. There have been a couple of appointed Boards who have never met and there has been no public interest.
There was no public to testify. Chairperson Egusquiza closed the public hearing.
Motion by Rose, second by Cruser, to adopt Ordinance 2006-5, Ordinance repealing Elmore County Capital Investment Ordinance.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Rose read the proposed Ordinance into the record:
ORDINANCE NO. 2006-5
ORDINANCE REPEALING ELMORE COUNTY CAPITAL
INVESTMENT ORDINANCE
AN ORDINANCE OF THE COUNTY OF ELMORE, A CORPORATION OF THE STATE OF IDAHO, REPEALING THE ELMORE COUNTY CAPITAL INVESTMENT ORDINANCE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Board has determined that the Elmore County Capital Investment Board does not appear to be helpful or necessary;
WHEREAS, the public’s interest in serving on or meeting with the Elmore County Capital Investment Board has significantly decreased in recent years; and
WHEREAS, the Board has determined that it can absorb the duties of the Elmore County Capital Investment Board.
BE IT ORDAINED BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS, IDAHO;
The current Elmore County Capital Investment Ordinance, Ordinance No. 2002-4 (replacing Ordinance No. 98-2), is hereby repealed in all respects.
This ordinance shall be effective upon its passage and publication as provided by law.
Enacted by the Elmore County Board of Commissioners as an ordinance on the 13th day of November, 2006.
ELMORE COUNTY COMMISSIONERS
/S/ MARY EGUSQUIZA, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CONNIE CRUSER, Commissioner
ATTEST: /S/ MERRILEE HILER, Clerk
A bill that was submitted by Wayne Forrey was discussed. The mileage that was stated on the invoice is being questioned and the meetings that he attended. Chairperson Egusquiza asked the Clerk to do a letter asking Mr. Forrey for more detail regarding the mileage, attendance of meetings and approximate finish date.
Tax cancellations were read into the record: No. 824, Dean & Holley Ramsett $1,065.42, No. 825 Frances Joanne Coon Blackwell $238.08, No. 826 Westside Development $194.10, No. 827 Tom Ambrose $254.38, No. 828 City of Glenns Ferry $21.30, No. 829 Derron Frederick $17.58, No. 830 Wm Jeffrey c/o Mary Elaine Chafin $92.56, No. 832 Rural Construction $238.58, No. 833 Daniel J. Marchant $183.80, No. 834 Oasis Motel $23.72, No. 835 Bill Blass Jr. $15.92, No. 836 Gene Kastner Jr. $71.36, No. 837 Salomon Pedroza $24.16, No. 838 Martin Guadarrama $12.10, No. 839 Guadalupe Hernandez $36.96, No. 840 Judy D. Roberts and Steve Carlin $3.66, No. 841 Corey & Heather Vasquez $18.18, No. 842 Margarita Rodriguez $11.06, No. 843 Margarita Rodriguez $30.70, No. 844 Jackie P & Karla K. Post $5.86, No. 845 Idaho Fresh-Pac Inc $4.64, No. 846 Brenda Finier $10.82, No. 847 Rosalina Richmond $445.88, No. 848 John A Seymour Jr $99.14, No. 849 Susan English $105.44, and No. 850 Daniel E & Linda Pomerlee $742.58.
Motion by Rose, second by Cruser, to approve the tax cancellation as read.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Cruser read the following tax cancellations into the record: No. 851 Lesleen Kaber $27.52, No. 852 various parcels $2.98, No. 853 William Loughmiller & Beta Western Inc $2,523.54, No. 854 Juan Carlos Martinez $30.80, No. 855 Beranna Dairy $22.94, No. 856 Antonio Martinez $14.46, No. 857 Sandra K or Christopher Pierpont $.88, No. 858 Casa Del Norte LP $182.04, No. 859 Lee Joe Foster $21.84, and No. 860 Elmore Medical Center Hospital District $249.42.
Motion by Egusquiza, second by Cruser, to approve the tax cancellations as read.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Correspondence was reviewed.
The workshop with the Department of Water Resources was discussed. The meeting will be on November 30th at 8:30 a.m. The Commissioners directed the Clerk to do invitations to the Department of Environmental Quality, Central District Health, and the Department of Agriculture.
The EIS agreement was discussed. The agreement should reflect that $60,000.00 is the total we will pay for the service, no more. The contract now reads it can exceed $60,000.00. The agreement will be changed.
Commissioner Cruser briefly spoke regarding the County’s Ambulance Service. Prosecutor Schindele was questioned about the Pine ambulance which is now in Mountain Home. More research will be done on the matter.
Motion by Rose to have the Chairperson sign the EIS agreement with the change in regard to the $60,000.00 cap, second by Egusquiza.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser to go into Executive Session pursuant to I.C. 67-2345(b).
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed, no decisions were made in Executive Session.
The Interim Moratorium was discussed and will be put on the November 20th agenda for further review.
Motion by Rose, second by Cruser, to extend the representative of the County, who is Mary Egusquiza, for another 5 year term on the Central District Health Board.
EGUSQUIZA................................................ - ABSTAIN
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Chairperson Egusquiza asked that a new appointment of Secretary and Treasurer for the Ambulance District Board be put on the agenda for November 20th.
Commissioner Cruser asked if Rick Layher, Sheriff, and Nick Schilz, Chief Deputy, be put on the November 20th agenda to discuss items such as the mosquito spraying reimbursement.
Discussion followed on the special deputies reimbursement.
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
