COMMISSIONERS MINUTES
MARCH 3, 2005
The Elmore County Commissioners met in special session on the above date in the
Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
Present at the meeting were Chairman Larry Rose, Commissioners Mary Egusquiza
and Connie Cruser. Also present at the meeting were Clerk Gail Best and
Prosecutor Aaron Bazzoli.
The purpose of the special session was to complete unfinished agenda items from
the meeting of February 28, 2005.
The EAP counseling program was discussed. The Board requested that Teri Lasuen
from the employee committee contact Keith from APS Healthcare to see if the
price of the program is still the same and also if Elmore County needed to wait
until the beginning of the fiscal year or could start in April for a six month
period and then renew at the beginning of the next fiscal year.
Safety resolutions were discussed. Commissioner Egusquiza stated she likes the
one from Latah County, and Commissioner Cruser stated she like the one from
Boise County. Chairman Rose stated he wondered if Idaho Counties Risk Management
Program (ICRMP) has a sample policy. Chairman Rose asked Clerk Best to call
ICRMP to see if they have a generic sample safety resolution.
Chairman Rose read Ordinance 2005-1 into the record.
ELMORE COUNTY ORDINANCE NO 2005-1
AN ORDINANCE INCORPORATING ENACTMENTS OF THE MOUNTAIN HOME, ATLANTA, AND GLENNS
FERRY HIGHWAY DISTRICTS ALLOWING OPERATION OF SNOWMOBILES ON CERTAIN PUBLIC
ROADWAYS; REGULATING THE USE THEREOF AND PROVIDING FOR ENFORCEMENT AND
PENALTIES;
WHEREAS, Idaho Code Section 67-7109 authorized local highway districts to
regulate operation of snowmobiles on public roadways, and the Mountain Home,
Atlanta, and Glenns Ferry Highway Districts have taken such actions; and
WHEREAS, Article XII, Section 2 of the Idaho Constitution authorizes county
governments to enact regulations and ordinances for the health and safety of its
citizens,
THEREFORE, BE IT ORDAINED BY THE BOARD OF THE COUNTY COMMISSIONERS OF ELMORE
COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED:
Section 1: SHORT TITLE
This Ordinance shall be known as the Elmore County Snowmobile Ordinance.
Section 2: DEFINITIONS
For the purposes of this Ordinance the terms used herein shall have the meanings
assigned to them in §67-7109, Idaho Code, and said definitions are hereby
incorporated herein. All words and phrases not otherwise defined herein shall
have their ordinary and customary meaning.
Section 3: AREAS OF ALLOWED OPERATIONS
Snowmobiles may be operated on any maintained, groomed and recognized snowmobile
trail even if that trail is on a public road or highway, providing that the
trail is closed to regular motor vehicle traffic. Snowmobiles may be operated
only upon the following listed public roadways that remain open to regular motor
vehicle traffic:
a. Mountain Home Highway District. In the Pine, Idaho area: All subdivision
roads maintained by the Mountain Home Highway District, including Pine Meadows
Subdivision, East Pine Meadows Circle, McGuire Subdivision, East Foster Road and
East Norma Road, Featherville Subdivision No. 1, East Red Cedar Place,
Featherville Subdivision No. 2, East Pine Creek Road, North Phil Place, North
Robin Court, North Dove Court, McCoy Bridge Road, East Baumgartner Road section
1 from Featherville east .7 miles and South Fall Creek Road Section 1 from
Anderson Ranch Dam to South Lake Creek Road Junction 8.4 miles, N. Pine
Featherville Road and South Pine Featherville Rd.
In the Prairie, Idaho, area; Park Subdivison, Mary Lane and Kelly Road, Blacks
Creek Road, Section 1 from the Y-Stop west to the DeMint Place 6.8 miles, Long
Gulch Road, from Meadow Creek Road/Prairie Road Junction to Carrico’s Place 5.7
miles, Meadow Creek Section 1 from Smith Creek Road to Burnt Creek Road .7
miles, Smith Creek Road and Prairie Road Sections 1 & 2 from Smith Creek Road to
the top of Pierce Creek Grade 8 miles.
b. Atlanta Highway District. All public roadways under Atlanta Highway District
jurisdiction.
c. Glenns Ferry Highway District. That portion of the highway district road
extending from the intersection of State Highway 20 to the Pine bridge along the
section of road delineated as Highway No. 102 and Highway No. 79 as designated
by the Elmore Planning and Zoning Commission and those portions of any main road
under Glenns Ferry Highway District jurisdiction in the Hill City area of Elmore
County.
Section 4: REGULATIONS AND RESTRICTIONS
Any snowmobile being operated upon any public roadway or highway within Elmore
County, Idaho, pursuant to the exceptions delineated in I.C. §67-7109, or
otherwise shall be operated subject to the following laws, regulations, and
restrictions, to wit:
a. Each snowmobile shall be operated in accordance with the rules and
restrictions contained in the laws of the State of Idaho as set forth in
§67-7109 and §67-7110 of the Idaho Code, which statutes are incorporated herein
by reference.
b. Each snowmobile shall be equipped with a mast or antenna displaying a red or
red-orange fluorescent flag or pennant at least six (6) feet above ground level,
either rectangular or triangular in shape, with the leading edge at least six
(6) inches wide and the length being at least twelve (12) inches long. However,
such flags are not required if the snowmobile is being operated on a maintained,
groomed and recognized snowmobile trail.
c. Each snowmobile shall be operated in single file on the extreme right hand
portion of the roadway and shall yield the right-of-way to vehicular traffic on
the roadway.
d. No snowmobile may be operated by any person unless such operator shall have
in his possession a current valid motor vehicle operator’s license authorizing
such person to operate a motor vehicle on the public highways of the State of
Idaho.
e. No snowmobile shall be operated at a speed in excess of forty-five (45) miles
per hour, or any lessor Highway District posted speed, except when done in
conjunction with a sanctioned public racing event.
f. No snowmobile shall tow any person or equipment upon a public roadway or
highway by any means other than a rigid tow bar, except in the event of an
emergency dictated by the breakdown of a snowmobile.
g. Each snowmobile shall yield the right-of-way to all vehicular traffic
approaching from either direction, if necessary for safety of persons or
property.
h. Snowmobiles shall not be parked or left unattended on a public highway or
public roadway, except in case of emergency.
i. No person under eighteen (18) years of age shall ride on a snowmobile as
operator or passenger, upon any public property, unless at all times when so
operating or riding upon said snowmobile he or she is wearing a protective
safety helmet of a type and quality equal to or better than standards
established for such helmets by the Director of the Idaho State Department of
Law Enforcement.
j. No person shall operate a snowmobile upon the above listed public roadways if
normal maintenance of the road requires that snow or ice be removed from the
road surface. Neither shall any snowmobile be operated upon such roadways after
snow or ice melt due to normal weather conditions.
Section 5: VIOLATIONS
From and after the effective date of this Ordinance, any person who violates any
of the provisions of this Ordinance or fails to comply with any of the terms and
conditions of this Ordinance shall be guilty of a misdemeanor.
Section 6: PENALTIES
Each violation of this Ordinance shall be punished by a fine of not less than
ten dollars ($10.00) nor more than three hundred dollars ($300.00), or by
imprisonment for not more than ninety (90) days in the County Jail, or by both
such fine and imprisonment. In addition thereto the operator and/or owner of the
snowmobile shall be responsible and held accountable to the owner of any lands
where trees, shrubs or other property has been damaged as the result of travel
over their premises.
Section 7: SEPARABILITY
If any clause, sentence, paragraph, section or phrase of this Ordinance or any
part thereof is declared and adjudged to be illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance or any part
thereof. All ordinances and parts thereof which are in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
Section 9: This Ordinance supercedes and replaces all previous Elmore County
Snowmobile Ordinances.
PASSED, at a regular meeting of the Elmore County Board of County Commissioners
in the City of Mountain Home, County of Elmore, State of Idaho, held on the 3rd
day of March, 2005, upon which roll call vote was duly taken and said Ordinance
duly passed by a unanimous vote as an Ordinance of Elmore County, Idaho.
A summary of the Ordinance shall be published in the Mt. Home News within one
(1) month after passage.
ELMORE COUNTY BOARD OF COMMISSIONERS
/S/ Larry E. Rose, Chairman
/S/ Mary Egusquiza, Commissioner
/S/Connie Cruser, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk
Motion by Rose, second by Cruser, to approve and adopt Ordinance 2005-1. The
Chairman called for a roll call vote.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
There was discussion on whether the formation of an Ambulance District would
hurt the passage of the Jail Bond. Clerk Best explained that she could not give
an estimate of what the levy might be at this time of the year because there is
no way to get an estimate of the net market value or what the ambulance budget
will be. Clerk Best added that a fairly accurate figure would not be available
until mid July.
Teri Lasuen appeared before the Board with the answers from APS Healthcare. Teri
stated the price is the same as presented earlier and although they generally
prefer a three year contract they would do April through September 30, 2005 and
renew the contract for October 1st. They also will do training sessions for the
County and offer over twenty different courses. Motion by Egusquiza, second by
Cruser, to accept and sign the EAP contract with APS Healthcare for counseling
and legal services.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The Jail Bond Informational Meeting set for March 9, 2005 at 7:00 p.m. was
discussed.
Commissioner Cruser gave a report on the irrigation district meeting she had
recently attended. Commissioner Cruser stated the water situation is extremely
serious.
The material from the Weitz public hearing was reviewed by the Board. Various
aspects of the public hearing material and the transcript were reviewed and
discussed. The Board asked the Clerk to obtain the City of Mountain Home
Comprehensive Plan and the City of Mountain Home Zoning Map.
Motion by Rose, second by Egusquiza, to table the Weitz matter until the regular
Commissioner’s meeting of March 14, 2005.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza, to recess the meeting for a trip to the
George Earle residence.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk
