Neighbors With News
and Notes From the Chamber
Bt Dianne Caughlin
As many of you know, my husband Joe is now working in Afghanistan; he flys Chinook Helicopters and is stationed in an area up north called Shank. Of course, we have soldiers stationed everywhere, but he noticed that the soldiers stationed on the Pakistan/Afghan border are in a real shit hole place without any comforts of home, etc... these poor kids barely get their mail much less creature comforts.
So, what he asked me to ask you all is if you could donate items to go into boxes that Garden Valley Properties will pay to ship over there. He suggested things like razors, cookies, socks, cards/notes that you write to them, candy bars, anything you think might give them some comfort this time of year and make their holidays a little brighter.
I don’t know about you all, but this makes me want to cry just thinking about it, maybe because I have two sons that could be there, and so do many of you. So, even if you don’t believe in this war, please believe in these kids that are putting their lives on the line for our country.
If you want to buy, make or craft anything to include in the boxes, just bring them by the office, at Garden Valley Properties. When we fill one up, we’ll ship it over for my husband and his co-workers to disperse when they fly into these FOB’s (forward operating bases). Let’s call this operation “Thinking of you from Garden Valley, Idaho”.
~ ~ ~
Update: The boxes we are sending to the troops in Afghanistan will start going out today, November 30. I think we have enough to fill 5 boxes so far. I talked to Joe on the phone last night and he said definitely magazines would be a great idea, so if you have any old magazines you’ve already read and you want to get rid of them, please bring them on down to the Garden Valley Properties office (208-462-4620), and we’ll put them in the boxes. Notes too--it doesn’t cost anything to write these kids a note from home with news about our town, your life or whatever you’d like to write.
With that thought in mind (about the troops), Jon Jauregui had a great idea and I’m kind of going to add my own thoughts (thinking out loud) and I’d like your feedback and suggestions. John (a former career Marine) suggested we invite the soldiers to our 4th of July Celebration. I’m thinking we make them the guests of honor, and offer to house and feed them while they are here with local families that would be willing to take them in, (getting here is on their own if they are Stateside and wish to come here). On the 3rd of July, we could host a community Pot Luck (maybe in the park) for the soldiers we are honoring. If any do take us up on this, we could make the Theme of the 4th centered around them and possibly put them on a Chamber-sponsored float for the parade. Okay, those are my thoughts so far, please feel free to send me your suggestions.
*During the last meeting, we formed a marketing committee to explore new possibilities on how to promote Garden Valley. If anyone else would like to join us at the first meeting and get involved wizth this committee, please meet us at Wild Bill's, at 9:00 a.m., this Friday, December 2nd.
*Rex LaFevre would like to invite everyone over to the “Radio Shack” for an Open House following the 6:00 p.m.Tree Lighting Ceremony at the Longhorn.
*If you’re a Facebooker, please go to the Chamber FB page and “like” it, so you will be updated every time we add something new.
*Also, from Uncle Billy Bob, the folks down there in the holler are offering some winter discounts, so “like” Uncle Billy Bob’s FB page also for some upcoming winter savings. If you’ve got family coming in for the holidays, you might want to send them there, or perhaps you will want to hide there too for a couple of days!
Diane Caughlin, President
Garden Valley Chamber of Commerce
PO Box 10
Garden Valley, Idaho 83622
208-462-5003 info@gvchamber.org
Wednesday, November 30, 2011
Friday, November 25, 2011
Opinion: Alamar Judgment Unconstitutional?
By Rich SmithThe order from federal Judge Lynn Winmill, for Boise County to tax its residents in an amount over the state 3% cap, makes my head spin. Not having a law degree, it looks to me as another case of Federal vs. State rights and one that will keep lawyers collecting fees for years to come. The feds keep trying to supersede State laws, as in the Arizona immigrant laws or the California marijuana and marriage laws approved by voters--and now Idaho State taxation law.
It is up to the Supreme Court to unravel these contradictions, but if one reads the U.S. Constitution, there is little doubt as to who has the power to do what. Amendment 10 specifically states that “the powers not delegated to the United States by the Constitution, are reserved to the states respectively, or to the people.” The powers of Congress are enumerated in Article 1 section 8, and nowhere therein do the feds have the power to regulate health, marriage, or limit a state to regulate its own internal commerce and issue licenses. The feds cannot supersede state law or void judgments issued by state courts (read Article 4 section 1).
In the Alamar case, a federal judge is attempting to supersede state law that places a cap of 3% on county tax increases. Should not federal Judge Winmill’s order be challenged as unconstitutional? The administration will probably cite their right to regulate all commerce as given to them in Article 1 Section 8, but this power is limited to regulate commerce with foreign nations and between states, not with individuals or intra-state commerce. It will be interesting to see if the Supreme Court agrees with the administration’s expanded interpretation of the commerce law in the Obama Health case before the court this spring.
Tuesday, November 22, 2011
Levy To Be Imposed On Boise County Taxes
BOISE COUNTY
PRESS RELEASE STATEMENT BY BOISE COUNTY BOARD OF COMMISSIONERS
November 22, 2011
PRESS RELEASE STATEMENT BY BOISE COUNTY BOARD OF COMMISSIONERS
November 22, 2011
After receiving the judgment in Alamar Ranch, LLC v. Boise County in December 2010, the Boise County Board of Commissioners hired specialized legal counsel to explore all possible options for the County. The Board reviewed the laws on county budgets and spending authority, and determined that state law did not allow the Board to use funds collected for restricted purposes, i.e. federal grants, road and bridge, solid waste, etc. The Board met with Alamar on several occasions and expressed these concerns but the parties failed to reach any settlement. On February 28, 2011, Alamar Ranch LLC filed a Writ of Execution. The Writ sought by Alamar requested direct access to the County’s cash. After deducting the “restricted” funds, the Board believed it did not have enough money to satisfy the judgment and continue to provide fundamental County services.
The County filed for chapter 9 relief in the United States Bankruptcy Court for the District of Idaho. Alamar Ranch opposed the bankruptcy petition. Chapter 9 relief for municipalities stays all pending collection actions, including the Writ. The Bankruptcy Court Judge Terry L. Myers
found the County’s perceived threat that it would be unable to withstand the execution and effectively continue operations, as reasonable. However, Judge Myers held the County’s argument “unpersuasive” that certain funds were “restricted". He held that the County could access certain funds, including the General Fund, Auditor’s Trust, Road and Bridge Fund, Solid
Waste and any other fund not otherwise needed to satisfy the Judgment. Furthermore, Judge Myers referenced Idaho Code § 31-1507, Idaho Code § 63-806(1), and Article VII, § 15 of the Idaho Constitution as authority to impose a levy if additional monies were needed. Ultimately, Judge Myers ruled that Boise County had failed to show it was bankrupt.
Upon the court dismissing the County’s bankruptcy petition, the parties were ordered to a settlement conference before Federal Judge Larry Boyle. During that settlement, the parties reached an agreement and had 60 days to complete a stipulated settlement and have an order entered by the court. On November 10, 2011, Judge Winmill signed an Order for Payment of
Judgment in Alamar Ranch, LLC v. Boise County.
As part of the court ordered settlement, the parties agreed that Boise County would pay $2.25 million dollars immediately, and starting in February 2013, an annual minimum payment of $811,000 until paid for a total settlement amount of $5.4 million dollars at 5.5% annual compound interest. This debt was found by the Court to be “ordinary and necessary” under Article VIII, § 3 of the Idaho Constitution such that payment will come from a warrant redemption fund levy pursuant to Idaho Code § 31-1507, Idaho Code § 63-806(1) and Article VII § 15 of the Idaho Constitution. Included in the Order is a mandate that the County exceed the 3% budget cap under Idaho law:
Accordingly, it is hereby ordered that Boise County levy above the 3% budget cap set forth in Idaho Code § 63-802(1)(a) as the County does not have sufficient funds presently available to pay the settlement amount in full. Boise County is ordered to levy to pay the settlement as allowed under Idaho Code § 63-806 to pay warrants outstanding and unpaid.
The levy is scheduled to be imposed on the 2013 taxes and will be part of the 2013 County budget and will continue until the complete payment of $5.4 million and interest is satisfied. This special levy will cause an increase is County property taxes. The exact amount is unknown until
the total taxable property value is assessed annually. However, the County is currently exploring options for a potential bond that could extend the debt for 20-30 years at a lower tax levy per year and possibly a lower interest rate.
~~Please be advised that to be published, disparaging comments must include your name.
The County filed for chapter 9 relief in the United States Bankruptcy Court for the District of Idaho. Alamar Ranch opposed the bankruptcy petition. Chapter 9 relief for municipalities stays all pending collection actions, including the Writ. The Bankruptcy Court Judge Terry L. Myers
found the County’s perceived threat that it would be unable to withstand the execution and effectively continue operations, as reasonable. However, Judge Myers held the County’s argument “unpersuasive” that certain funds were “restricted". He held that the County could access certain funds, including the General Fund, Auditor’s Trust, Road and Bridge Fund, Solid
Waste and any other fund not otherwise needed to satisfy the Judgment. Furthermore, Judge Myers referenced Idaho Code § 31-1507, Idaho Code § 63-806(1), and Article VII, § 15 of the Idaho Constitution as authority to impose a levy if additional monies were needed. Ultimately, Judge Myers ruled that Boise County had failed to show it was bankrupt.
Upon the court dismissing the County’s bankruptcy petition, the parties were ordered to a settlement conference before Federal Judge Larry Boyle. During that settlement, the parties reached an agreement and had 60 days to complete a stipulated settlement and have an order entered by the court. On November 10, 2011, Judge Winmill signed an Order for Payment of
Judgment in Alamar Ranch, LLC v. Boise County.
As part of the court ordered settlement, the parties agreed that Boise County would pay $2.25 million dollars immediately, and starting in February 2013, an annual minimum payment of $811,000 until paid for a total settlement amount of $5.4 million dollars at 5.5% annual compound interest. This debt was found by the Court to be “ordinary and necessary” under Article VIII, § 3 of the Idaho Constitution such that payment will come from a warrant redemption fund levy pursuant to Idaho Code § 31-1507, Idaho Code § 63-806(1) and Article VII § 15 of the Idaho Constitution. Included in the Order is a mandate that the County exceed the 3% budget cap under Idaho law:
Accordingly, it is hereby ordered that Boise County levy above the 3% budget cap set forth in Idaho Code § 63-802(1)(a) as the County does not have sufficient funds presently available to pay the settlement amount in full. Boise County is ordered to levy to pay the settlement as allowed under Idaho Code § 63-806 to pay warrants outstanding and unpaid.
The levy is scheduled to be imposed on the 2013 taxes and will be part of the 2013 County budget and will continue until the complete payment of $5.4 million and interest is satisfied. This special levy will cause an increase is County property taxes. The exact amount is unknown until
the total taxable property value is assessed annually. However, the County is currently exploring options for a potential bond that could extend the debt for 20-30 years at a lower tax levy per year and possibly a lower interest rate.
~~Please be advised that to be published, disparaging comments must include your name.
Last Minute Shopping, Don't Eat Alone, and Black Friday!
Greg and Gerold wish a
Happy Thanksgiving to all GV Market Customers!
*The Market is open through 9 p.m. on Wednesday, November 23rd.
*On Thanksgiving Day, Market will close at 2 p.m.
**Remember, the liquor store is not open on Thanksgiving!
*The Garden Valley Chevron will be open from 10am – 2pm on Thanksgiving Day
for any last minute needs, i.e., propane, ice, gasoline.
Countdown to the final days of the coloring contest for children. Pick up the coloring entry at the cashier and then drop them back off so they may display them. Prizes awarded on Friday. Last day to enter your name for the IPOD Nano is at the end of the month. Entry forms are at Customer Service.
The Longhorn is hosting a free Thanksgiving meal from 11 – 3 on Thanksgiving Day for those not in a position to have a Holiday Meal or for those who want to share a meal with the community. They are asking that you just give them a shout if you’re thinking of going and perhaps bring a small side dish to put on the buffet! It was a wonderful meal last year and several couples, families and a few singles enjoyed the meal very much!
**Many of you will have plans for Black Friday & Shop Small Business Saturday.
As a gentle reminder, check out the GV Market's Holiday lights, toys, décor and gift ideas. You’ll find the prices very pleasing and you can just walk across the street to Dahlia’s, Red Rooster, Wild Bill's, Books in the Attic, and The Trading Post for other holiday items.
A safe and happy holiday week with family or friends!
Thanks from ~
Greg and Gerold
Garden Valley Market
462-3817
greg@gardenvalley-market.com
Happy Thanksgiving to all GV Market Customers!
*The Market is open through 9 p.m. on Wednesday, November 23rd.
*On Thanksgiving Day, Market will close at 2 p.m.
**Remember, the liquor store is not open on Thanksgiving!
*The Garden Valley Chevron will be open from 10am – 2pm on Thanksgiving Day
for any last minute needs, i.e., propane, ice, gasoline.
Countdown to the final days of the coloring contest for children. Pick up the coloring entry at the cashier and then drop them back off so they may display them. Prizes awarded on Friday. Last day to enter your name for the IPOD Nano is at the end of the month. Entry forms are at Customer Service.
The Longhorn is hosting a free Thanksgiving meal from 11 – 3 on Thanksgiving Day for those not in a position to have a Holiday Meal or for those who want to share a meal with the community. They are asking that you just give them a shout if you’re thinking of going and perhaps bring a small side dish to put on the buffet! It was a wonderful meal last year and several couples, families and a few singles enjoyed the meal very much!
**Many of you will have plans for Black Friday & Shop Small Business Saturday.
As a gentle reminder, check out the GV Market's Holiday lights, toys, décor and gift ideas. You’ll find the prices very pleasing and you can just walk across the street to Dahlia’s, Red Rooster, Wild Bill's, Books in the Attic, and The Trading Post for other holiday items.
A safe and happy holiday week with family or friends!
Thanks from ~
Greg and Gerold
Garden Valley Market
462-3817
greg@gardenvalley-market.com
Friday, November 18, 2011
Garden Valley Market Has Thanksgiving Covered For You!
What’s new at the Market?
30 Day Deals for November – already in the market, pick up a flyer when you shop.
30 day Deal coupons for an additional $28 in savings – coupons available at the Market.
Additional Specials from Nov 16 to Tuesday, Nov 22
to help prepare for the Holidays. These specials include:
Pepsi Products 12 packs: $3.99
Swiss Miss Hot Chocolate Mix: 2 for $3
Starbucks Coffees: $8.99
Langers Juices: 2 for $5
Libby’s canned vegetables – assorted: 99 cents
Swanson Broths: 69 cents
Western Family Cream of Chix or Mushroom: 69 cents
Campbells Cream of Chix or Mushroom: 99 cents
Western Family Sugar: 10 lbs $4.99
Gold Medal Flour: 10 lbs $3.99
Betty Crocker Cake Mixes: 3 for $5
Western Family Pie Fillings – Assorted: $2.19
Baking Chips, Nestle, Western Family, Hersheys,
Ghiradelli Chocolate all at clearance prices
White Rain Shampoo or Conditioner: 5 for $5
Thanksgiving Holiday Napkins, Paper plates: $1 per package
FUN FOR THE KIDS – THX COLORING CONTEST
We’re having a fun contest for the kids in 3 age groups: Under 4; 5 - 8; and 9 – 12.
One winner from each group will receive a coloring book.
All entries receive a goody from the store!
Entry form picture available at the Cashier.
Just return soon, so we can post on our front windows!
Judging on Friday, the 25th, day after Thanksgiving.
Don’t forget, fresh baked pies available as well as party trays and platters.
In produce, you’ll find brussell sprouts, turnips, parsnips, fresh fennel, sweet potatoes, yams, herbs, baking potatoes – well, all the fixins!!!!!!!!!
We hope you have a great week!
Greg and Gerold
Garden Valley Market
Your Hometown Grocer
462-3817
30 Day Deals for November – already in the market, pick up a flyer when you shop.
30 day Deal coupons for an additional $28 in savings – coupons available at the Market.
Additional Specials from Nov 16 to Tuesday, Nov 22
to help prepare for the Holidays. These specials include:
Pepsi Products 12 packs: $3.99
Swiss Miss Hot Chocolate Mix: 2 for $3
Starbucks Coffees: $8.99
Langers Juices: 2 for $5
Libby’s canned vegetables – assorted: 99 cents
Swanson Broths: 69 cents
Western Family Cream of Chix or Mushroom: 69 cents
Campbells Cream of Chix or Mushroom: 99 cents
Western Family Sugar: 10 lbs $4.99
Gold Medal Flour: 10 lbs $3.99
Betty Crocker Cake Mixes: 3 for $5
Western Family Pie Fillings – Assorted: $2.19
Baking Chips, Nestle, Western Family, Hersheys,
Ghiradelli Chocolate all at clearance prices
White Rain Shampoo or Conditioner: 5 for $5
Thanksgiving Holiday Napkins, Paper plates: $1 per package
FUN FOR THE KIDS – THX COLORING CONTEST
We’re having a fun contest for the kids in 3 age groups: Under 4; 5 - 8; and 9 – 12.
One winner from each group will receive a coloring book.
All entries receive a goody from the store!
Entry form picture available at the Cashier.
Just return soon, so we can post on our front windows!
Judging on Friday, the 25th, day after Thanksgiving.
Don’t forget, fresh baked pies available as well as party trays and platters.
In produce, you’ll find brussell sprouts, turnips, parsnips, fresh fennel, sweet potatoes, yams, herbs, baking potatoes – well, all the fixins!!!!!!!!!
We hope you have a great week!
Greg and Gerold
Garden Valley Market
Your Hometown Grocer
462-3817
Thursday, November 17, 2011
Boise County Debt Easily Solved
Snitched from the Boise Guardian
Thanks to David Frazier
http://www.boiseguardian.com
Wednesday, November 16th
DISCLAIMER: The GUARDIAN is not an attorney, but plays one in court when necessary.
As a public service to the citizens of Boise County, we will offer some “municipal finance” advice about the ill advised actions of your Commishes with regard to bankruptcy and zoning the property for troubled teens.
U.S. District Judge B. Lynn Winmill ordered the payments — totaling $5.4 million, including about $1.4 million in attorneys’ fees — after a federal jury last year said the county violated the Fair Housing Act in its handling of an application for a proposed teen treatment center called Alamar Ranch. He did the right thing. Boise County Commishes filed for bankruptcy in response. They did the wrong thing.
Judge Winmill has ordered a payment schedule and told the county it would have to levy above the 3 percent budget cap in Idaho Law. Probably not a good order.
The least painful solution is found in the Idaho Constitution–a document that needs to be examined by lawyers, judges, commsihes and citizens. Article VIII, sec 3 says a municipality cannot go into debt–usually bonded indebtedness–without 2/3 approval of voters EXCEPT:
“Provided, that this section shall NOT be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state…”
So, all Boise County needs to do is file a petition for “Judicial Confirmation” and get the 4th District judge to confirm the expense–in this case an order from the United States District Court–is ordinary and necessary. Such an expense is indeed ordinary and necessary. Then, the county sells bonds to get the cash they need. McCall obtained judicial confirmation when elected officials there got into financial trouble fighting payment of a sewer system construction which was also ordered by a Federal Court.
Bottom line, the GUARDIAN has saved hundreds of thousands in legal fees for Boise County. Taxpayers will see an increase, but only for the repayment period of the bonds (loan) the county will have to sell to finance the payments to Oaas Laney and Alamar Ranch.
There is talk of attempting a tax hike over the state 3% limit and a hearing before tax commishes, but if they do as the constitution allows, it will be almost painless–and a lesson learned.
Thanks to David Frazier
http://www.boiseguardian.com
Wednesday, November 16th
DISCLAIMER: The GUARDIAN is not an attorney, but plays one in court when necessary.
As a public service to the citizens of Boise County, we will offer some “municipal finance” advice about the ill advised actions of your Commishes with regard to bankruptcy and zoning the property for troubled teens.
U.S. District Judge B. Lynn Winmill ordered the payments — totaling $5.4 million, including about $1.4 million in attorneys’ fees — after a federal jury last year said the county violated the Fair Housing Act in its handling of an application for a proposed teen treatment center called Alamar Ranch. He did the right thing. Boise County Commishes filed for bankruptcy in response. They did the wrong thing.
Judge Winmill has ordered a payment schedule and told the county it would have to levy above the 3 percent budget cap in Idaho Law. Probably not a good order.
The least painful solution is found in the Idaho Constitution–a document that needs to be examined by lawyers, judges, commsihes and citizens. Article VIII, sec 3 says a municipality cannot go into debt–usually bonded indebtedness–without 2/3 approval of voters EXCEPT:
“Provided, that this section shall NOT be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state…”
So, all Boise County needs to do is file a petition for “Judicial Confirmation” and get the 4th District judge to confirm the expense–in this case an order from the United States District Court–is ordinary and necessary. Such an expense is indeed ordinary and necessary. Then, the county sells bonds to get the cash they need. McCall obtained judicial confirmation when elected officials there got into financial trouble fighting payment of a sewer system construction which was also ordered by a Federal Court.
Bottom line, the GUARDIAN has saved hundreds of thousands in legal fees for Boise County. Taxpayers will see an increase, but only for the repayment period of the bonds (loan) the county will have to sell to finance the payments to Oaas Laney and Alamar Ranch.
There is talk of attempting a tax hike over the state 3% limit and a hearing before tax commishes, but if they do as the constitution allows, it will be almost painless–and a lesson learned.
Wednesday, November 16, 2011
Judge tells Boise County to Levy Taxes to Pay Off Judgment
The Commission Sends in the First Payment on the $5.4 Million it Owes for Violating Fair Housing Rules
BY KATY MOELLER
kmoeller@idahostatesman.com
Copyright: © 2011 Idaho Statesman
BY KATY MOELLER Idaho Statesman
Published: 11/16/11
Tuesday, Nov. 15, 2011
Boise County delivered a $1.2 million check to development firm Oaas Laney Monday, the first of a number of payments ordered by a federal judge.
The judge outlined a payment plan for the county and said it should raise taxes — even beyond the cap set by Idaho law — and tap unspent funds throughout its budget if that’s what it takes.
U.S. District Judge B. Lynn Winmill ordered the payments — totaling $5.4 million, including about $1.4 million in attorneys’ fees — after a federal jury last year said the county violated the Fair Housing Act in its handling of an application for a proposed teen treatment center called Alamar Ranch.
County commissioners didn’t see how they could maintain county services and pay the judgment, so they sought Chapter 9 bankruptcy protection.
But a bankruptcy judge ruled that the county failed to prove it is insolvent and ordered the county to pay.
The county tentatively settled with Oaas Laney in September.
Winmill ordered the county to pay $1.2 million by Monday, and another $1.05 million by Dec. 21. After Nov. 14, the annual interest on the balance owed is 5.5 percent.
Boise County Commission Chairwoman Jamie Anderson declined comment, other than to say the county is complying.
The order says the county “must levy above the 3 percent budget cap” in Idaho law because the county doesn’t have the cash on hand to pay the full amount. It also states that the county shall levy up to the maximum of 0.2 percent of the county’s current taxable property value (estimated at about $681 million).
State law is intended to protect taxpayers from large tax increases, by limiting how much local government budgets can grow each year and capping their tax levy. A proposed increase of more than 3 percent must be approved by a two-thirds yes vote.
WHO TO OBEY?
Does this order by a federal judge supersede that state law, or is this case some sort of legal exception?
Winmill seems to anticipate resistance from the Idaho State Tax Commission.
His order requires the county to “seek a declaratory judgment or other legal” remedy against the Tax Commission if it doesn’t approve the levies.
A spokesman for the Idaho State Tax Commission said officials hadn’t had time to review the document.
Commissioner Anderson said a detailed press release is in the works and commissioners are planning a community meeting.
PAYMENT PLAN
Winmill’s order sets very specific requirements about payment. It mandates that the county pay a minimum of $811,000 annually.
That’s 8 percent of the county’s 2012 budget of $9.8 million.
The county is required to make twice-a-year payments on or before Feb. 28 and Sept. 1. If it cannot make the minimum amount through an increased tax levy, then it must tap “no longer needed” monies in the general fund, county road fund, bridge fund or other funds.
Commissioners last Thursday convened a special meeting to appropriate the first two payments totalling $2.25 million.
Katy Moeller: 377-6413
BY KATY MOELLER
kmoeller@idahostatesman.com
Copyright: © 2011 Idaho Statesman
BY KATY MOELLER Idaho Statesman
Published: 11/16/11
Tuesday, Nov. 15, 2011
Boise County delivered a $1.2 million check to development firm Oaas Laney Monday, the first of a number of payments ordered by a federal judge.
The judge outlined a payment plan for the county and said it should raise taxes — even beyond the cap set by Idaho law — and tap unspent funds throughout its budget if that’s what it takes.
U.S. District Judge B. Lynn Winmill ordered the payments — totaling $5.4 million, including about $1.4 million in attorneys’ fees — after a federal jury last year said the county violated the Fair Housing Act in its handling of an application for a proposed teen treatment center called Alamar Ranch.
County commissioners didn’t see how they could maintain county services and pay the judgment, so they sought Chapter 9 bankruptcy protection.
But a bankruptcy judge ruled that the county failed to prove it is insolvent and ordered the county to pay.
The county tentatively settled with Oaas Laney in September.
Winmill ordered the county to pay $1.2 million by Monday, and another $1.05 million by Dec. 21. After Nov. 14, the annual interest on the balance owed is 5.5 percent.
Boise County Commission Chairwoman Jamie Anderson declined comment, other than to say the county is complying.
The order says the county “must levy above the 3 percent budget cap” in Idaho law because the county doesn’t have the cash on hand to pay the full amount. It also states that the county shall levy up to the maximum of 0.2 percent of the county’s current taxable property value (estimated at about $681 million).
State law is intended to protect taxpayers from large tax increases, by limiting how much local government budgets can grow each year and capping their tax levy. A proposed increase of more than 3 percent must be approved by a two-thirds yes vote.
WHO TO OBEY?
Does this order by a federal judge supersede that state law, or is this case some sort of legal exception?
Winmill seems to anticipate resistance from the Idaho State Tax Commission.
His order requires the county to “seek a declaratory judgment or other legal” remedy against the Tax Commission if it doesn’t approve the levies.
A spokesman for the Idaho State Tax Commission said officials hadn’t had time to review the document.
Commissioner Anderson said a detailed press release is in the works and commissioners are planning a community meeting.
PAYMENT PLAN
Winmill’s order sets very specific requirements about payment. It mandates that the county pay a minimum of $811,000 annually.
That’s 8 percent of the county’s 2012 budget of $9.8 million.
The county is required to make twice-a-year payments on or before Feb. 28 and Sept. 1. If it cannot make the minimum amount through an increased tax levy, then it must tap “no longer needed” monies in the general fund, county road fund, bridge fund or other funds.
Commissioners last Thursday convened a special meeting to appropriate the first two payments totalling $2.25 million.
Katy Moeller: 377-6413
Thursday, November 10, 2011
Honor Our Veterans
Veterans Day
by Michael Tomlin
On Friday, November 11th, we honor them all. War heroes and the more common “snuffys”, who “merely served". Armistice Day, Remembrance Day, Veterans Day, it is all of those. We remember our veterans who have stood between us and those who wish us harm, as they have done since this Country was just a dream, and we remember those who remain on watch today.
Many who served made the ultimate sacrifice, dying in mud or sand, in frozen forests, or on the great seas of this world. And a better writer than me penned “death be not proud". But service is. Keeping the faith is. Semper fi, or “Always Faithful” is proud and we are proud of all who served. This week we honor them.
In 1915, Canadian Army Officer, John McCrae, wrote the poem “In Flanders Fields", which recognizes the sacrifice, and in part says:
Walking the paths at Arlington National Cemetery, or viewing the 58,198 names on the “The Wall” in Washington, D.C. are quiet reminders of the cost of our daily freedoms. My sister lives next to the Chickamauga, (Georgia) Civil War Battlefield, and a day there on horseback is a history lesson about men and courage.
Courage also is Major Bernard Fisher, entering the Air Force from little Kuna, Idaho, and winning the Medal of Honor, in 1966, flying in support of a Special Forces camp in the A Shau Valley, just off the Laos border. His mission and exploits are storybook heroic, yet it is stepping forward and joining the service that we honor first and foremost. All vets, all levels of service, all contributions. None are insignificant.
Just a few days ago, we lost veteran Pat Takasugi, to appendix cancer. He was only 62 years old, an Army veteran and a founding member of Idaho’s Special Forces Association Chapter, my Chapter, as we meet monthly for pizza and good fellowship. Pat Takasugi continued to serve our nation as a farmer, legislator, and through quiet leadership in many endeavors. On Friday, we will honor his military service, and fittingly, family and friends will lay him to rest.
De Oppresso Liber
by Michael Tomlin
On Friday, November 11th, we honor them all. War heroes and the more common “snuffys”, who “merely served". Armistice Day, Remembrance Day, Veterans Day, it is all of those. We remember our veterans who have stood between us and those who wish us harm, as they have done since this Country was just a dream, and we remember those who remain on watch today.
Many who served made the ultimate sacrifice, dying in mud or sand, in frozen forests, or on the great seas of this world. And a better writer than me penned “death be not proud". But service is. Keeping the faith is. Semper fi, or “Always Faithful” is proud and we are proud of all who served. This week we honor them.
In 1915, Canadian Army Officer, John McCrae, wrote the poem “In Flanders Fields", which recognizes the sacrifice, and in part says:
We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.
Of those who lived on, some became Presidents, or captains of industry. Others work as teachers or in law enforcement, and some sell paint, or build roads. They are men and women among us everywhere. They are also on the streets and disproportionately in our food kitchens and homeless shelters.
Walking the paths at Arlington National Cemetery, or viewing the 58,198 names on the “The Wall” in Washington, D.C. are quiet reminders of the cost of our daily freedoms. My sister lives next to the Chickamauga, (Georgia) Civil War Battlefield, and a day there on horseback is a history lesson about men and courage.
Courage also is Major Bernard Fisher, entering the Air Force from little Kuna, Idaho, and winning the Medal of Honor, in 1966, flying in support of a Special Forces camp in the A Shau Valley, just off the Laos border. His mission and exploits are storybook heroic, yet it is stepping forward and joining the service that we honor first and foremost. All vets, all levels of service, all contributions. None are insignificant.
Just a few days ago, we lost veteran Pat Takasugi, to appendix cancer. He was only 62 years old, an Army veteran and a founding member of Idaho’s Special Forces Association Chapter, my Chapter, as we meet monthly for pizza and good fellowship. Pat Takasugi continued to serve our nation as a farmer, legislator, and through quiet leadership in many endeavors. On Friday, we will honor his military service, and fittingly, family and friends will lay him to rest.
De Oppresso Liber
[Parts of this essay have been previously published by the author on previous Veterans’ Days]
Sunday, November 6, 2011
Library Begins Oral History Recordings
Drop in at the Garden Valley Library and see what the Oral History Sessions are all about on Tuesday, November 8, between 10:00 a.m. and 4:00 p.m.
Librarians and Garden Valley Syringa Club members will be available to record your local legacy, if you feel up to telling some stories or just practice for the real thing.
If you know someone in the valley who has knowledge of local history, but who may be shy or unaware of the Lasting Legacies library project, offer them a ride to this event.
People can make appointments or just come by any time between 10 and 4, this Tuesday. The library is hoping to make this a regular monthly event and more often if they need it. Interviews can also be recorded in the comfort of your home. Talk to us.
Saturday, November 5, 2011
17th Annual Auction for the Rivers
Greetings! from Jessica Hixson
Development Director, Idaho Rivers United
What do stand up paddleboards, hand-tied flies and a one-hour massage have in common? They will all be up for bid at the 17th Annual Auction for the Rivers!
But that's not all, there will be hundreds of wonderful items at this year's auction. Everyone can participate. We have items ranging from $12-$3,800. What are you hoping for? Guided steelhead fishing with Lost River Outfitters? A Super Duper raft from AIRE? A River Trip in Costa Rica with Idaho Rivers United? How about a stay on the Mayan Riviera?
Saturday, Nov. 12, 6:30-10:30 p.m.
Boise Train Depot, 2603 Eastover Terrace, Boise ID
$10 members, $15 non-members (join at the door and get in free)
Hors d'oeurvres, beer, wine, raffles, door prizes and more!
Development Director, Idaho Rivers United
What do stand up paddleboards, hand-tied flies and a one-hour massage have in common? They will all be up for bid at the 17th Annual Auction for the Rivers!
But that's not all, there will be hundreds of wonderful items at this year's auction. Everyone can participate. We have items ranging from $12-$3,800. What are you hoping for? Guided steelhead fishing with Lost River Outfitters? A Super Duper raft from AIRE? A River Trip in Costa Rica with Idaho Rivers United? How about a stay on the Mayan Riviera?
Saturday, Nov. 12, 6:30-10:30 p.m.
Boise Train Depot, 2603 Eastover Terrace, Boise ID
$10 members, $15 non-members (join at the door and get in free)
Hors d'oeurvres, beer, wine, raffles, door prizes and more!
Thursday, November 3, 2011
"Powerless" is Rich Smith's Latest Book!
Folks:What if we lost all electric power throughout North America, not for a few hours or days, but for an entire year? Chaos erupts throughout the country. Electricity? Gone. Mass transit, telephone, radio and TV? Out of service. City and emergency services? Unavailable. Water and sewer? Out of order. Hospitals and schools close down, police are nowhere to be found. The United States is cast into a new Dark Age where anarchy reigns. The story follows two families who struggle to survive despite danger and difficulty.
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| Powerless will also be available at the Garden Valley Senior Center Holiday Bazaar, November 5 & 6. Rich will be selling the soft cover for $20 & hardcover, $30. |
Meanwhile in a distant land, enemy forces plot revenge. Radical Islamic terrorists see the power outage as a divine gift. Now, they have their chance to destroy America and replace it with an Islamic government. However, a brave teenager disrupts their carefully laid out plans and they declare a fatwa against him.
If you choose to go directly to Amazon.com, type in the book search Powerless, Richard L. Smith and then click on the book cover picture for details. The book is in hardcover, softcover, and Kindle versions. If after reading it, I would appreciate entering your review on Amazon or Barnes & Noble.
Regards,
Rich
Senator Tim Corder Bids Early Farewell to Boise County
Dear Friends from Boise County,
Though subject to judicial challenge, our legislative district lines have been redrawn as required by the constitution, and representation will change officially in the fall of 2012. I begin to express the regret and sense of loss I feel upon losing Boise County from my district. From the very beginning, the people of Boise County have been both a challenge and a blessing. You are some of the most bullheaded, argumentative, opinionated -- wonderful and warm people I have ever met. It has been such a great honor and privilege to proudly speak for you and defend you these eight years.
I wish I could say we have always agreed on every issue; that would not be true or even prudent to expect. However, even in our disagreements, we have listened to each other and, hopefully, learned together. I have been proud of your eccentricities, your individuality and your uniqueness and most proud of your willingness to embrace life. Where else in the world would people gather to fast-draw 45s at targets or to play and sing music with equal enthusiasm, and make everyone welcome in the journey? Never, and I mean never, have I ever been ashamed to say I represent Boise County. You have made LaVonne and I feel like welcome friends -- thank you.
I do have some regrets. I regret that I could not get cell service throughout more of the county. I regret that, try as I might, I just could not build a better relationship with the Horseshoe Bend side of the mountain. I regret that Garden Valley has struggled so much with their school district. I regret that Idaho City still struggles economically. There are other regrets as we know.
I don't regret any hour I spent with you, or the miles of travel, or the hours listening to pro and con. When I was first elected, a man in Garden Valley told me he might vote for me but he expected that would be the last time he would see me there in Crouch. I proved him wrong -- many times. I believe I have diligently served you with enthusiasm, passion, honor, and integrity. I hope you have been proud of me as well.
My new area, if I am elected, will be even larger and I must begin now to campaign. I will continue to serve you until the 2012 elections but the new area will require a great deal of time. I would be so pleased and honored if some of you would agree to be references for me and you will allow me to publish your names and contact information as such.
Thank you for the trust and friendship you have shown to me and the honor you have given me and for your warm and generous hospitality. I look forward to seeing many of you over the next few months as we countdown to the 2012 elections.
With regret and deep appreciation,
God bless us -- everyone.
Though subject to judicial challenge, our legislative district lines have been redrawn as required by the constitution, and representation will change officially in the fall of 2012. I begin to express the regret and sense of loss I feel upon losing Boise County from my district. From the very beginning, the people of Boise County have been both a challenge and a blessing. You are some of the most bullheaded, argumentative, opinionated -- wonderful and warm people I have ever met. It has been such a great honor and privilege to proudly speak for you and defend you these eight years.
I wish I could say we have always agreed on every issue; that would not be true or even prudent to expect. However, even in our disagreements, we have listened to each other and, hopefully, learned together. I have been proud of your eccentricities, your individuality and your uniqueness and most proud of your willingness to embrace life. Where else in the world would people gather to fast-draw 45s at targets or to play and sing music with equal enthusiasm, and make everyone welcome in the journey? Never, and I mean never, have I ever been ashamed to say I represent Boise County. You have made LaVonne and I feel like welcome friends -- thank you.
I do have some regrets. I regret that I could not get cell service throughout more of the county. I regret that, try as I might, I just could not build a better relationship with the Horseshoe Bend side of the mountain. I regret that Garden Valley has struggled so much with their school district. I regret that Idaho City still struggles economically. There are other regrets as we know.
I don't regret any hour I spent with you, or the miles of travel, or the hours listening to pro and con. When I was first elected, a man in Garden Valley told me he might vote for me but he expected that would be the last time he would see me there in Crouch. I proved him wrong -- many times. I believe I have diligently served you with enthusiasm, passion, honor, and integrity. I hope you have been proud of me as well.
My new area, if I am elected, will be even larger and I must begin now to campaign. I will continue to serve you until the 2012 elections but the new area will require a great deal of time. I would be so pleased and honored if some of you would agree to be references for me and you will allow me to publish your names and contact information as such.
Thank you for the trust and friendship you have shown to me and the honor you have given me and for your warm and generous hospitality. I look forward to seeing many of you over the next few months as we countdown to the 2012 elections.
With regret and deep appreciation,
God bless us -- everyone.
Wednesday, November 2, 2011
Garden Valley Market Update November 2
Hello,
Fall has definitely arrived! Along with the cooler weather, we’re also seeing weekly arrivals of Seasonal Products.
This Week we have great values in our Baking Aisle:
McCormick Pure Vanilla Extract 2oz: $3.99
Hershey’s Baking Chips: $2.99
Ghiradelli Baking Chocolate: $2.79
Western Family Baking Chips: $2.59
Nestles Baking Chips: $2.99
Western Family Sugar 10 lb: ` $4.99
Gold Medal Flour 10 lb: $4.99
Lots more to see with many great values throughout the store.
Don’t forget our food sampling/cooking demonstration on Friday, November 4, from 12noon – 4 pm. Mary Jo from MJ’s Valley Ranch will be here to cook and sample her grass-fed lamb. Did you know we carry her Lamb in our Meat Department? Just one more local item that we like to highlight. She will answer questions, sample different marinades with the lamb and share recipes. Hope to see you here!
BOX TOPS FOR EDUCATION! Go Wolverines!
Finally, just a quick update on our Box Tops For Education drive. We’ve collected 2,442, so the school will get a check for $242.20 from Box Tops and we will match that with an additional check for $242.20. The $$$s go towards school supplies and equipment. Our goal was 4000, so we made it halfway by October 31st.
Collection continues all year. Let’s hit that 4000 soon and even go beyond!
Have a great rest of the week and weekend!
Greg and Gerold
Garden Valley Market
462-3817
Check us out on facebook !
 |
| Gerold and Greg in warm daze of summer--yeah, yeah, I need to get some current photos! |
Fall has definitely arrived! Along with the cooler weather, we’re also seeing weekly arrivals of Seasonal Products.
This Week we have great values in our Baking Aisle:
McCormick Pure Vanilla Extract 2oz: $3.99
Hershey’s Baking Chips: $2.99
Ghiradelli Baking Chocolate: $2.79
Western Family Baking Chips: $2.59
Nestles Baking Chips: $2.99
Western Family Sugar 10 lb: ` $4.99
Gold Medal Flour 10 lb: $4.99
Lots more to see with many great values throughout the store.
Don’t forget our food sampling/cooking demonstration on Friday, November 4, from 12noon – 4 pm. Mary Jo from MJ’s Valley Ranch will be here to cook and sample her grass-fed lamb. Did you know we carry her Lamb in our Meat Department? Just one more local item that we like to highlight. She will answer questions, sample different marinades with the lamb and share recipes. Hope to see you here!
BOX TOPS FOR EDUCATION! Go Wolverines!
Finally, just a quick update on our Box Tops For Education drive. We’ve collected 2,442, so the school will get a check for $242.20 from Box Tops and we will match that with an additional check for $242.20. The $$$s go towards school supplies and equipment. Our goal was 4000, so we made it halfway by October 31st.
Collection continues all year. Let’s hit that 4000 soon and even go beyond!
Have a great rest of the week and weekend!
Greg and Gerold
Garden Valley Market
462-3817
Check us out on facebook !
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