COMMISSIONERS MINUTES DECEMBER 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 Egusquiza, Commissioners Larry Rose and Connie Cruser. Also present was Deputy Clerk Barbara Steele, Commissioner elect Arlie Shaw and Clerk elect Marsa Grimmett.
Motion by Rose, second by Egusquiza, to approve the minutes for November 27, 2006 and December 4, 2006 with corrections.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion to approve the Payroll for November 2006 in the amount of $322,580.59 by Egusquiza, second by Rose.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Discussion briefly followed regarding the reimbursement of mosquito spraying funds, Nick Schilz, Disaster Services, has gathered the information needed and will be sending it tomorrow.
Commissioner Cruser asked Chairperson Egusquiza for a written cost breakdown on the Emergency Services Building.
Motion by Rose, second by Cruser, to approve the expenses in the amount of $936,853.66
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the ambulance expenses in the amount of $29,577.08.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve for the record only the Recorder’s Office Report, Clerk’s Bail Bond Report, and Treasurer’s Report.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The continuation of the Boschma Hearing was called to order. A third party complaint that was filed by Catherine Brown, amended at the last hearing regarding the location of Steve Boschma’s dairy was the subject of the hearing. Present were the three Commissioners, Prosecutor Schindele, Deputy Clerk Steele, Catherine Brown, Steve Boschma and his legal representatives.
Chairperson Egusquiza stated if there were any outbursts the person or persons would be removed.
Steve Boschma and his attorney Susan Buxton from Moore, Smith, Buxton & Turcke Chartered, Attorneys at Law appeared before the board. Ms. Buxton spoke on behalf of Mr. Boschma, referencing the County’s Ordinance, the application process for dairies and the appeal process for such applications. She continued addressing the nature of the third party complaint.
Mr. Boschma spoke regarding Cinder Butte Road which has been renamed Main Cinder Road. He stated that road is not County maintained, however the other three roads he will be using for his dairy operation are County maintained.
Commissioner Cruser asked Mr. Boschma what a silage pit was and he replied it was a storage method for food for the cows. Mr. Boschma stated he has a dairy in Kuna, Idaho, and is selling that dairy and once that is finalized, he will open his dairy here.
Catherine Brown asked is she could have a representative speak for her. The Commissioners asked Prosecutor Schidele if that was acceptable. Prosecutor Schindele stated it was up to the Commissioners to make that decision. Attorney Susan Buxton objected. The Commissioners agreed they would accept taking testimony from Catherine Brown’s representative, stating everyone was aware her representative was not an attorney.
Catherine Brown’s representative introduced herself, Shavone Hasse, and stated she would not give her address for the record. Ms. Hasse stated she was going to report Mr. Boschma’s attorney to the bar, stated she would like to file a complaint about Bonnie Sharp, Growth and Development Director, that in her opinion Mr. Boschma was being favored on this issue. Ms. Hasse then went into detail regarding the information that had been previously submitted to the Board regarding the case.
Three translucent maps in the record were discussed that were received from Catherine Brown during the last hearing.
Catherine Brown spoke to the Board stating she was not against dairies, she just wanted the laws to be followed.
A brief recess was taken.
After the recess, Steve Boschma’s attorney Susan Buxton rebutted information offered by Catherine Brown’s representative Shavone Hasse, asking the Board to disregard the personal attacks made to her by Ms. Hasse and objecting to various portions of the proceeding and exhibits. Ms. Buxton asked if Marv Patton, Department of Agriculture, could speak and clarify some of the exhibits and allegations made by Ms. Hasse. The Board deliberated and decided it was not necessary for Mr. Patton to speak to them on the issue.
The Commissioners noted the objections made by Ms. Buxton.
Prosecutor Schindele and the Commissioners discussed the length of time the record would remain open for both parties to offer a written legal argument. A decision was made and the record will be left open to December 21st at 5:00 p.m. The written legal argument will not be more than 15 pages, double spaced and must be received by the Recorder’s office by 5:00 p.m. December 21, 2006. On December 22, 2006 at the hour of 12:30 p.m. the Commissioners will meet in Executive Session pursuant to I.C. 67-2345(f) and at 2:00 p.m. regular session will follow to deliberate and possibly make a decision on the Boschma third party amended complaint filed by Catherine Brown.
The hearing was closed.
Tom Gibbon, Security, appeared before the Board and a conversation ensued regarding the postage machine located in his office. There was an incident regarding excessive postage being stamped on many envelopes, requiring paperwork and time being spent to recover the postage from the post office. A decision was made that Security would be responsible to put postage on the Courthouse mail from each department. A memo will be drawn up and sent to all offices.
Motion by Egusquiza, second by Cruser, to recess for lunch.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
After lunch Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Egusquiza, second by Rose, to meet with Social Services Director Marianne Bate.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The following decisions were made:
K-07-06-05 Motion by Rose, second by Egusquiza, to approve the withdrawl of the appeal filed by St. Alphonsus Regional Medical Center and dismiss the case.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
K-10-06-06 Motion by Rose, second by Egusquiza to deny as there is no documentation proving the applicant is a resident of Elmore County.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed.
Still in Executive Session a hearing of reconsideration was held on K-08-06-01. Present were the three Commissioners, Prosecutor Schindele, Social Services Director Marianne Bate, Clerk Merrilee Hiler, Jeff LeMar and Larry Goins from Utah Medical Care Providers. The applicant was not present but had been subpoenaed. Social Services Director Marianne Bate gave a brief review of the case. The hearing was closed and regular session resumed.
Motion by Egusquiza, second by Cruser, to continue the hearing on K-08-06-01 to January 22, 2006 at 2:00 p.m.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Sheriff Rick Layher appeared before the Board to review the Glenns Ferry Security Services and Joint Powers Agreement.
Motion by Egusquiza, second by Rose, to approve the Glenns Ferry Security Services and Joint Powers Agreement
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Rose stated next year the City of Glenns Ferry should be contacted prior to the budget cycle.
A donation was discussed for the Elmore County Canine Unit. Chairperson Egusquiza read the letter into the record:
November 28 2006
Elmore County Sheriff Department
Canine Division
Re: Donation to the Canine Unit
Enclosed are two checks for $1,000.00 each, one to be cashed upon receipt and the second to be cashed when it matched by additional donations. We enjoyed our short conversation with Deputy Sterling when he stopped on Airbase Road to check and see if we needed assistance.
Sincerely,
Dorwin R. Smith
Sheriff Layher asked if a new account or line item could be started for canine donations. Donations funds that haven’t been spent can’t go back into the general fund at the end of the year and it would be nice if those contributed funds could be separate. A trust fund was discussed for donations.
Sheriff Layher also wanted to remind the Commissioners that Deputy Laytreda Schultz would like a full time person for the marine job again. Commissioner Cruser asked what Deputy Schultz would do with her portion of the time that is dedicated to this job? Sheriff Layher stated there is already a multitude of tasks she does and would still have to supervise the program. Sheriff Layher stated holidays are very busy and there are many areas in the County to cover. The request is to have a full time position part of the year paid out of the waterways, vessel fund for the summer and a portion funded by the County for general law enforcement duties during the winter. Chairperson Egusquiza stated that Deputy Rick Bohling did an outstanding job of rescuing three individuals recently and saving their lives. Sheriff Layher asked if special recognition could be given to employees in certain circumstances. Discussion followed between Commissioner Rose and Sheriff Layher on job descriptions and what law enforcement does for the County.
Karl and Carrie Vogt, Northwest Paramedics, appeared before the Board to discuss a new ambulance that had just been leased. The Prosecutor stated one issue to be determined is if Elmore County is going to be financially responsible for the newly leased ambulance, and if the County is going replace the ambulance in Glenns Ferry. The contract states that Elmore County provides 3 ambulances and Northwest Paramedics provides 2 ambulances. Discussion followed on tapes that both the Commissioners and Northwest Paramedics listened to from previous meetings on the subject. The total ambulance monthly lease payment on the new ambulance was discussed. Clerk Hiler reviewed the finances of the Ambulance District. Commissioner Rose stated he felt the County cannot buy two ambulances. Prosecutor Schindele stated she felt a lease agreement or addendum to the contract between the County and Northwest Paramedics is needed. Chairperson Egusquiza stated alternating the purchases of ambulances should be occurring between the two entities. Motion by Rose, second by Cruser, for Tina to draw up an addendum to the contract between the County and Northwest Paramedics for a lease for 72 months, monthly amount of $1,604.10 to begin October 1st.
EGUSQUIZA................................................ - ABSTAIN
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
A public hearing was held on an appeal of a Planning and Zoning decision to approve an application from Rosanna and Ronald Castle for a Conditional Use Permit and Preliminary Plat for a 30-Lot Platted Subdivision in an Agriculture A Zone. Two of the additional conditions that were placed on the approval of this Plat are being appealed: 1. Any new dwellings will require in-home sprinkler systems and 2. Landowners must give access to Idaho Power across their designated easement and such easement must not be blocked for any reason.
All three Commissioners are present, Prosecutor Schindele and Clerk Hiler were present. Chairperson Egusquiza asked Rosie Castle to come forward as the appellant.
Rosie Castle, 709 Desert Wind Road, Boise, Idaho 83716, appeared before the Board with her testimony. What they are appealing are the fire sprinkler systems being required in the residential homes included in the Conditional Use that they were granted. The sprinkler systems depending on square footage would cost $2,000 to $5,000. The reasons implemented at the Planning and Zoning hearing by the people who live out in that area are they are very concerned about fires, but the percentage of fires are wild fires. She stated they don’t have any control over the wild fires. Ms. Castle stated they have lived there since 1993 and the only fire danger has been wild fires. Last September was the last big fire and some homes burned and those homes would not have been saved by sprinkler systems. What we need to do as individual citizens are to protect ourselves from wildfires. Ms. Castle talked to her insurance agent asking him if having sprinkler systems would lower the fire insurance on each home. She was told they would still be classified as a 10 regardless. Some insurance companies will give maybe a 5% decrease on the premiums. The majority of claims are water damage, wind damage and then fire damage.
Ms. Castle stated sprinkler systems have to have electricity in order to work. When you have an individual well when the electric goes out, the well doesn’t work, therefore nor would the sprinkler systems. They are asking for some consideration on this issue. The covenants for the subdivision were discussed regarding landscaping to help with wild fires. Commissioner Rose stated you could have a pressure system for the sprinkler systems that could work without electricity. Commissioner Rose asked why this was made a condition by the Planning and Zoning Commission. Discussion followed and Bonnie Sharp, Growth and Development Director answered that the Planning and Zoning Commission has been considering this requirement on other projects also.
The other item being appealed is the Idaho Power easement requirement. Ms. Castle stated Idaho Power already has an automatic easement across the lots in the subdivision. Why should they have to so note it on a final plat when that information is on the deeds. Further discussion followed. Chairperson Egusquiza asked for a larger copy of the plat map which was supplied by Bonnie Sharp. Ms. Sharp stated the reason the Planning and Zoning is requiring the power line easement is for information for the potential purchaser of the lot. Ms. Castle stated it was an additional expense for the engineer to redraw the plat map.
Chairperson Egusquiza read three letters into the record, one from George Adams, Mary Ellen Botts, and Idaho Power. The underground gas lines were discussed.
Steve Parker, Area Supervisor for Chevron Pipeline, appeared before the Board. His concern was regarding the power line easement issue and that it might affect Chevron’s right of way for their pipeline.
Lon Botts, 921 E. Baseline Road, Boise, Idaho. His testimony was in regard to the sprinkler systems, the loss of power in the area, and after 20 years of the sprinklers being in the ceiling of the houses, if their was a leak it would be devastating. He suggested possibly different roofing material being required instead of individual sprinkler systems.
Rosie Castle appeared to rebut the information presented. She stated she appreciates everyone comments, she wanted to emphasize she wasn’t trying to restrict any entities regarding the easement portion of the appeal. Ms. Castle asked for time to find out what the electrical easement would be. Chairperson Egusquiza stated the information has been listed, it just needs to be drawn on the final plat. Discussion followed and it was determined a final plat needed to be drawn anyway and Ms. Castle agreed to include it on the final plat. Prosecutor Schindele asked Ms. Castle if she was withdrawing her appeal in reference to the Idaho Power easement requirement and Ms. Castle stated she was withdrawing that portion of the appeal.
Chairperson Egusquiza stated the other appeal was the individual sprinkler systems being required in each home and asked Commissioner Rose and Commissioner Cruser if they were ready to make a decision. Commissioner Rose stated he appreciated what the Planning and Zoning Commission was trying to do in requiring these sprinkler systems. Chairperson Egusquiza stated water damage is just as devastating as the fire itself as her daughter’s house burned down recently, and doesn’t feel the County should be requiring sprinkler systems. Commissioner Cruser stated it was up to the individual to take some responsibility in fire protection and it should be an individual choice. Discussion followed that the sprinkler system can be disconnected by the homeowner. Subdivisions outside of Fire District areas were discussed also.
Motion by Cruser to affirm the granting of the conditional use permit by the Elmore County Planning and Zoning Commission but reject the condition that any new dwelling will require in-home sprinkler systems, for a 30 lot platted subdivision, application received from Ronald and Rosanna Castle, second by Egusquiza.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - NAY
CRUSER....................................................... - AYE Motion carried and so ordered.
Alan and Adam Crane, Snake River Rubbish, appeared before the Board to discuss Solid Waste Issues. Clerk Hiler discussed the procedure for payment. Alan Crane stated methane testing had been done at the Glenns Ferry Landfill, Prosecutor Schindele stated she has those copies and will make sure the Board gets those reports. Alan Crane also asked about the boundaries of the landfill. Various issues were discussed regarding tires, scrap metal, and digging holes. Chairperson Egusquiza stated perhaps a cost estimate for digging holes, with the Commissioners reviewing the estimate before the work begins, would be a good idea.
A property tax exemption was reviewed and will be placed on the next agenda for December 18, 2006.
Commissioner Cruser left the meeting.
Commissioner Rose read Resolution No. 383-06 into the record:
RESOLUTION NO. 383-06
A RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.
WHEREAS, 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 December 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 $560,000.00 from line item 138.338.00.099.00, PILT, be shifted to line item 190.390.00.098, Justice Fund.
2. That $27,273.00 from line item 138.338.00.99.00, PILT, be shifted to line item 185.385.00.098.00, Glenns Ferry Police Department.
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 December, 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
CONNIE M. CRUSER, Commissioner
ATTEST: /s/ MERRILEE HILER, Clerk
Motion by Egusquiza to approve Resolution 383-06 as read, second by Rose.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - ABSENT Motion carried and so ordered.
Motion by Egusquiza to approve the Idaho Department of Juvenile Corrections Annual Financial Report, second by Rose.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - ABSENT Motion carried and so ordered.
Correspondence was reviewed.
Motion by Egusquiza, second by Rose, to adjourn.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - ABSENT Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ MERRILEE HILER, Clerk
