COMMISSIONERS MINUTES NOVEMBER 27, 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 were Clerk Merrilee Hiler, Commissioner elect Arlie Shaw and Clerk elect Marsa Grimmett.
The Water Resources meeting to be held November 30, 2006 from 8:30 a.m. until noon at 322 E. Front Street, Boise, Idaho was discussed for purposes of information and questions they have regarding the water issues in Elmore County. Commissioner Rose will be unable to attend and stated his unwillingness to take the “heat” for Water Resources not doing their job.
Commissioner Cruser had been to Pine and stated the transfer station there is in good shape. The new dock the Forest Service has installed looks great with good quality materials having been used. Chairman Egusquiza said she had signed the contract for the docks, but we still owe $10,000 from the Vessel Fund as previously agreed upon.
Commissioner Cruser stated Alan Kiester had called wanting to know when the Pine ambulance would be back in Pine. It had previously been thought it would only be used as a backup for Mountain Home for two or three days. She called Chris Braun who said they were taking it for an oil change and then back up to Pine. Questions have been raised by the public regarding bad checks from NPA. Commissioner Rose said there is nothing we can do about that as long as NPA is serving the County per their contract.
Motion to pay the ambulance bills by Egusquiza, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Ron Leydet from the Elmore County Water Advisory Board inquired about the Water Resources Meeting in Boise. He was advised the Department of Agriculture, Central District Health, Rob Howard, Bob Baldwin, Steve Staufer, Charles Olson, and the Commissioners would also be present. Further discussion followed regarding the need for the Department of Water Resources to advise the Commissioners as they are being besieged by rural developers wanting to develop subdivisions in areas of declining water resources. Commissioner Rose stated the Commissioners could require proof of water. Some developers initially requested community water systems and have now changed to individual wells.
Motion to approve minutes of November 13, 2006 and November 15, 2006 with corrections by Egusquiza, second by Rose.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Chairperson Egusquiza inquired about the proof of general liability insurance to be provided by Snake River Rubbish. Commissioner Rose stated they would be able to get general liability insurance, but he does not know of any insurance company that would have the Environmental or Hazard insurance.
Commissioner Egusquiza inquired about the $9,000.00 overpayment to Mark Simons. A letter requesting reimbursement was reviewed. Motion to sign letter of request by Cruser, second by Egusquiza.
Commissioner Rose recused himself from the vote.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - RECUSED
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion to approve expenses by Rose, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The Department Heads met with the Commissioners for their monthly meeting.
Dan Collins, Maintenance, reported he had talked to Brent Pitts regarding the square footage and cost of the additional office space on the new jail facility. The additional square footage is 1,768 feet with the cost being $396,216 or $224.10 per square foot. Mr. Collins asked who was paying for the M & O on the new Emergency Services Building. He has office furniture for Mir’s part of the building. Mir would like to have it in place by December 5, 2006 as the ribbon cutting is on December 6, 2006.
Clerk Hiler also inquired as to how the M & O was being paid for on the Emergency Services Building. Commissioner Egusquiza stated the Forest Service and the Department of Lands may lease storage space in the building that will contribute to the M & O. Mr. Collins stated there is only one gas and electric meter for the entire building which would make it difficult to allocate each entity’s share of the bill. He is concerned about the expense coming out of his budget.
Mir stated his space could be kept at 55 degrees. Chairperson Egusquiza said the goal was to keep the building at 45 degrees. The Commissioners will get back with Dan on the expenses for the building.
Mir Seyedbagheri, County Extension Service Agent, presented a written report of his activities for the past month. Commissioner Egusquiza inquired about the research Diana Edgar is doing in Boise. Mir stated she is scheduled on the office calendar so the staff will know when she is working out of the office.
Tom Gibbon, Security, reported the changes in supervision are progressing, but he had nothing to report at this time.
Bonnie Sharp – Growth and Development- stated everything was going well. The new Code Enforcer is having success. She is still concerned about a developer who is inquiring about Planned Unit Developments and the pending Interim Moratorium. The project is the Stewart Glenn proposal near Mayfield that borders both Elmore and Ada Counties. There was no additional information on the Weitz Project.
Monica Halliday – Juvenile Probation- reported the State Department of Juvenile Corrections Director Brent Renke is interested in working with Elmore County as a pilot program for programs. He and Bev Ashton will meet with her and Judge Epis on Monday to discuss the proposal. It will be at no cost to the County. Rich Latessa, a Federal representative for Juvenile Corrections, is from Cincinnati may come to Mountain Home in about 6 weeks to stay for a month to help evaluate our current programs as part of the pilot program.
Commissioner Cruser expressed concern about the length of time it is taking to evaluate our current program while not proceeding with the actual programs. Ms. Halliday stated the State Statutes provide for free technical advice. The State officials understand the process we are undertaking and encourage the steps we are taking. The Juvenile Program currently has 50 juveniles and 11 diversion cases. She cannot affect any changes in programs until the proposed Policy and Procedures are back from Judge Epis with his approval.
The Elected Officials portion of the agenda was next.
Clerk Merrilee Hiler reported her office is processing a lot of pass ports and is preparing to finish rearranging the public areas. The election work is still being completed. She had the Commissioners review a written report submitted by the Adult Probation Staff.
Prosecutor Tina Schindele stated she had advertised for the part time Civil Attorney position. The two attorneys she has in her office are doing well.
Treasurer Rose Plympton said her office is in the middle of the tax drive so it is a busy time of the year.
Assessor Jo Gridley said Tina Welch is in Boise getting trained as a certified appraiser. They have received the update for the ARC View for 2 computers. She has advertised for a DMV employee through Job Service and the County Employee web site. The money from DMV is now being kept in their vault rather than the Clerk’s office. They had no questions on the subroll she will present this afternoon. She would like consideration for space to accommodate 16 people, their desks, equipment and file cabinets as they are overcrowded in the space they are currently in. Their office won’t hear back on the Tax Appeals until May although there may be a civil suit in the Gregerson matter.
Sheriff Rick Layher stated they were keeping the Prosecutor busy. He believes the additional office space on the new jail is less square footage than stated by the architect. He has asked the technician to get the camera in King Hill to be a priority and get it up and running. Sheriff Layher may have to file a Workman’s Comp claim from a back injury he incurred last summer. A letter from the Department of Health and Welfare regarding Mandatory Criminal History Background Check effective January 1, 2007 was discussed. Prosecutor Schindele advised the Sheriff to attend one of the public meetings indicated in the letter in case it did affect his office. Sheriff Layer will call to see if he does need to attend.
Sheriff Layer inquired about the disposal of trailers that had been sold as warrants of restraints that the new owners had found to be trashed and just wanted to dispose of. He was advised to call Fred Perez at Idaho Waste to arrange for their disposal.
Clerk Hiler requested the bank statements and check book for the Special Deputies from Sheriff Layher.
Letters to the Magistrate Commission and Wayne Forrey were signed by Chairman Egusquiza.
Attorney Schindele stated she had received a letter from J.R.Sandoval, Administrator for the Department of Environmental Quality, regarding the request for inspection of the County Land fill. There will be a joint inspection with the Central District Health Department of that facility with a summary report of findings being provided to the Elmore County Board of County Commissioners.
Motion by Rose to go into Executive Session pursuant to I.C. 67-2345(f) for legal advice, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed with no decisions having been made in the Executive Session.
Motion to adjourn for lunch by Rose, second by Cruser.
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) with Social Services Director Marianne Bate on a motion by Egusquiza, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
K-09-06-01 Motion by Cruser, second by Rose, to deny as a final denial as applicant received Medicaid.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
K-10-06-05 Motion by Cruser, second by Rose, to deny as not indigent, Elmore County is not the last resource, the application is incomplete, and the applicant is a seasonal laborer.
K-06-06-02 Motion by Cruser, second by Egusquiza, to sign the order of dismissal, deny as a final denial, and Elmore County is not the last resource.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed.
Chairperson Egusquiza read a letter from Mike Mitchell, Chairman of the Fair Board requesting Jennifer Clark and Clay Mills be appointed to the Fair Board.
Motion by Egusquiza, second by Cruser, to appoint Jennifer Clark and Clay Mills to the Fair Board.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Merlin and Judith Lords from Atlanta, Idaho, appeared before the Board to discuss the Atlanta Highway District meetings and the new tax increase. Various issues were discussed, where meetings were being held, the new building being built, along with community functions being held in Atlanta. Chairperson Egusquiza suggested involving the Attorney General to investigate the items that had been discussed. Prosecutor Schindele explained investigations have been conducted and through those investigations no criminal actions were found. Possibly hiring an attorney to take civil action was suggested.
The public portion of the meeting was held. Jim Carrie, 1365 South 18th East, Mountain Home, appeared before the board regarding the proposed race track out by Simco Road and the public hearings that have been held by the Planning and Zoning Commission. There were no time limits place on speaking for the first meeting. He also objected that the Attorney for Planning and Zoning got involved in the meeting as well as one of the race track promoters is related to the Planning and Zoning Commission Chairman. His second issue was the septic system at the Canyon Creek Trailer Park has one again failed. He spoke to Marty Jones, Central District Health, and was not satisfied with the conversation. Chairperson Egusquiza gave Mr. Carrie Russell Duke’s phone number. Mr. Duke works for Central District Health. Discussion followed on Urban Development.
The next item on the agenda was a third party complaint hearing regarding the Boschma Dairy. All three Commissioners were present, Prosecutor Schindele, Deputy Clerk Steele, Catherine Brown, the complainant, and Steve Boschma and his legal representation Carl Withrow and Susan Buxton. Prosecutor Schindele and Chairperson Egusquiza explained the hearing rules. Persons representing Catherine Brown were not allowed to speak as they were not attorneys, causing security to be called. Catherine Brown read the amended third party complaint into the record and at the same time presented additional exhibits that were received for the record. When Ms. Brown was finished, Mr. Boschma’s attorney, Ms. Buxton, objected to the amended complaint, asking if the Commissioners will accept the amended complaint. They were unaware an amended complaint would be filed and have not had a chance to review it.
The hearing was recessed.
Motion by Egusquiza, second by Cruser, to convene as a Board of Equalization.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Jo Gridley, Assessor, was present and reported there were no appeals filed to the subroll assessment.
The Commissioners reconvened as a Board of Commissioners.
The Boschma hearing was resumed. Discussion followed and the hearing will be continued to December 11, 2006 at 9:30 a.m.
Mir Seyedbagheri, Extension Office Agent, appeared before the Board.
Motion by Egusquiza, second by Rose, 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 action was taken as result of the Executive Session.
Motion by Egusquiza, second by Rose, to approve a Certificate of Residency for Terry Lee Marciniak.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
There was a brief discussion on outlying ambulances.
Motion by Egusquiza, second by Cruser to adjourn.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ MERRILEE HILER, Clerk
