COMMISSIONERS MINUTES JULY 17, 2006
The Elmore County Commissioners met in regular session on the above date in the basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.
Present at the meeting were Chairperson Mary Egusquiza and Commissioners Larry Rose and Connie Cruser. Also present at the meeting was Clerk Gail Best.
Clerk Best asked if the Board would like to add an appointment to the Elmore County Public Safety Communication Board to the agenda since she received a request by fax from Vicki Smith, Chairman of that Board. Motion by Egusquiza, second by Rose to add the appointment to the agenda.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser to appoint R. Monte McConnell to the Elmore County Public Safety Communication Board.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Jo Gridley, Assessor, was asked to come down and discuss a letter the Board had received from Oliver Gregerson. Ms. Gridley stated that her staff had found no evidence of agricultural use on any of the Gregerson properties. Ms. Gridley stated that Mr. Gregerson isn’t a farmer-rancher in Elmore County and would not qualify for the agricultural category.
Motion by Egusquiza, second by Cruser to go into Executive Session pursuant to Idaho Code 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
There was no action taken as result of the Executive Session.
Motion by Egusquiza, second by Cruser to approve the Ambulance District expenses: Boise Northwest Paramedics $28,083.33, Norco, Inc. $109.76, and Pine Properties LLC $250.00.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose to adopt Ordinance No. 2006-3, an ordinance amending the Elmore County Zoning Ordinance to clarify the enforcement provisions of the ordinance and add a provision permitting the County to abate a nuisance.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
ORDINANCE NO. 2006-3
AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE TO CLARIFY THE ENFORCEMENT PROVISIONS OF THE ORDINANCE AND ADD A PROVISION PERMITTING THE COUNTY TO ABATE A NUISANCE.
STATEMENT OF PURPOSE
WHEREAS, Title 67, Chapter 65 of the Idaho Code, and Article 12, Section 2 of the Idaho Constitution provide authority for Elmore County to adopt land use and regulation ordinances, and Elmore County has done so by adopting the Zoning Ordinance of 1994, as well as various subsequent amending ordinances, including specifically Elmore County Ord. 2003-3 (permitting investigation into work conducted without a permit and authorizing a fee for said investigation); and
WHEREAS, the Elmore County Board of Commissioners, at the request of the Director of the Elmore County Growth and Development Office, has approved a motion to amend the Zoning Ordinance to clarify the enforcement provisions of the ordinance and add a provision permitting the county to abate a nuisance in order to provide for the safety, promote the health and comfort of Elmore County and inhabitants therein, and protect persons and property therein;
WHEREAS, the Elmore County Board of County Commissioners provided notice of hearing on these amendments on June 21, 2006, and June 28, 2006;
WHEREAS, the Elmore County Board of County Commissioners held a public hearing on July 10, 2006.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED, THAT THE ELMORE COUNTY ZONING ORDINANCE, PARTICULARLY ARTICLE XXI-1, ENTITLED “ENFORCEMENT,” SHALL BE AMENDED TO CLARIFY THE FOLLOWING SECTION:
Section L.21-1 Penalties Regarding Non-Compliance. In order to maintain property values and to provide a sage and peaceful environment for the people of Elmore County, the following action will be taken for failure to comply with the provisions of the Zoning Ordinance.
The Director of the Elmore County Growth and Development Office, the Building Inspector, or their agent(s) or representative(s), shall provide a Notice of Violation to any landowner, tenant, and/or occupant of the property where there exists a violation of the provisions of the Zoning Ordinance. Such notice shall (1) include a description of the property where the violation exists, and (2) provide a twenty-one (21) day opportunity to cure the violation. This Notice may be made by personal service or certified mail, return receipt requested. If the landowner, tenant and/or occupant of the property fails or refuses to respond to said Notice of Violation within the prescribed time period, a request for a criminal complaint shall be referred to the Elmore County Prosecuting Attorney’s Office.
Upon conviction of any violation of any of the provisions of this Ordinance, such person shall be punished by fine of not more than a thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment. Prosecutable violators shall be responsible for and pay all incurred investigation, prosecution and court costs as determined by the court having jurisdiction over the proceeding.
Elmore County reserves the right to pursue such violations through civil and/or criminal remedies.
BE IT FURTHER ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED, THAT THE ELMORE COUNTY ZONING ORDINANCE, PARTICULARLY ARTICLE XXI-1, ENTITLED “ENFORCEMENT,” SHALL BE AMENDED TO ADD THE FOLLOWING SECTIONS:
Section N.21-1 General Enforcement Provisions. All departments, officials and employees of Elmore County vested with the authority to issue permits shall conform to the provisions of this Ordinance and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Ordinance. Andy such permit issued in conflict with the provisions of this ordinance shall be null and void. The Director of the Growth and Development Office shall maintain a zoning enforcement program to promote the abatement of violations of this ordinance and to provide assistance in the prosecution of such violations. It shall be the duty of the Director of the Growth and Development Office and/or the Building Inspector, or their authorized agent(s), to enforce the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location, or razing of any building or structure. It shall further be the duty of the Director of the Growth and Development Office, of his/her authorized agent(s), to enforce the provisions of this Ordinance pertaining to land use regulation, including compliance with the wrecking, salvage and/or junk yard provisions.
Section O.21-1 Abatement of Nuisance by County. The County may, at its election, abate or cleanup any nuisance or violation of the County Ordinances and nothing contained in this subsection of the Zoning Ordinance shall be construed as limiting, prejudicing or adversely affecting the county’s ability to concurrently or consecutively use any criminal or civil enforcement proceeding the county may deem applicable. Proceeding under this subsection of the Zoning Ordinance will not preclude the County from proceeding under other subsection of any County Ordinance or any other applicable provision of State or Federal Statutes.
Following the determination by the Growth and Development Director of his/her authorized agent(s) and representative(s) that any nuisance is being maintained or violation of the provisions of the Zoning Ordinance is being carried out, notice shall be given to the owner or owner’s representative either in person or by certified mail to the last known address shown under the Elmore County tax rolls for the subject property, to abate the nuisance or violation within a time, not exceeding twenty-one (21) days, to be specified in the notice. If the owner or owner’s representative fails to comply with the requirements of the notice within the period specified therein, Code Enforcement Staff may take action including abatement or cleanup.
The expenses associated with abatement and abatement proceedings (including any expenses arising from contractors hired by the County to perform said abatement, investigatory costs and costs of suit) shall be charged to the owner, occupant or person in charge or possession of the premises or property upon which the nuisance exists. The Prosecuting Attorney may seek recovery of these expenses and costs under I.C. §31-604, 52-202 and 52-205. Said costs shall attach as a lien upon the subject property if unpaid.
P.21-1 Definitions. The following terms shall have the following definitions for purposes of the Zoning Ordinance.
“ABATE” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the Code Enforcement Staff shall determine is necessary in the interest of the general health, safety and welfare of the community.
“NUISANCE, PUBLIC” is defined as follows:
The owner or person in control shall maintain all property, premises or rights-of-way in a nuisance free manner.
A. Abandoned, dismantled, wrecked, inoperable, unlicenced, and discarded objects, equipment or appliances such as, but not limited to vehicles, boats, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, cans or containers standing or stored on property, sidewalks, alleys and streets, which can be viewed from a public street, walkway, alley or other public property and which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance:
B. Discarded putrescibles, garbage, rubbish, refuse or recyclable items which have not been recycled within 15 days of being deposited on the property which could be determined to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety;
C. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which could constitute a fire or environmental hazard, or to be detrimental to human life, health or safety;
D. Lumber (excluding lumber for the construction project on the property with a valid building permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of 30 days and visible from a public street, walkway, alley or other public property;
E. Receptacles for trash, discarded materials and recyclables which are left in the front yard or on public rights-of-way following the day of the regularly scheduled refuse pick-up for the property;
F. Swimming pool, pond, spa, other body of water, or excavation, which is abandoned, unattended, unsanitary, empty, which is not securely fenced or which poses a threat to be detrimental to human life, health or safety;
G. Allowing the accumulation of weeds, grasses or other vegetation with an average height over 12 inches, which are liable to be fired.
All remaining provisions of the Zoning Ordinance and its various amendments shall remain in full force and effect.
This Ordinance shall be in full force and effect from and after its passage, approval, and publication.
DATED this 17th day of July, 2006.
/S/ MARY EGUSQUIZA, Chairperson
/S/ LARRY E. ROSE, Commissioner
/S/ CONNIE CRUSER, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk of the Board of County Commissioners
The job description for a Code Enforcement Office was reviewed and discussed.
Motion by Egusquiza, second by Cruser to approve a beer and wine license for New Albertson’s Inc. doing business as Albertson’s #165.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Egusquiza to approve an Idaho Liquor Catering Permit for Mountain Home Elks Lodge #2276 to be used from August 3-5th at Elk Flats for the Elks Camporee and direct the Chair to sign the permit.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser to direct Commissioner Rose to sign the 2007 Subcontractor Agreement between Benchmark Research & Safety, Inc. and Elmore County for the Elmore County Community Justice Coalition (Region 4).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed by the Board.
Motion by Egusquiza, second by Cruser to recess for lunch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
At 1:30 p.m. the Commissioners met in Executive Session pursuant to Idaho Code 67-2345(d) on a motion by Egusquiza, second by Cruser, to meet with Social Services Director Marianne Bate and Social Service Secretary Katrina Welch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The following decisions were made:
K-06-06-09 - Motion by Egusquiza, second by Rose to deny because the application was submitted as a third party application and is incomplete, there is no address for the applicant and no documentation to make a determination of indigency, and the applicant is a minor and may be eligible for Medicaid.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-07-06-01 - Motion by Egusquiza, second by Rose to deny as not indigent, not last resource.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Bonnie Sharp, Growth and Development Administrator, appeared before the Board to discuss several issues. Ms. Sharp stated that the Letter of Information (LOI) for Matthew Palmer would not be discussed today because taxes are unpaid. Ms. Sharp will reschedule the LOI for a later date when the taxes are paid. The Area of City Impact was discussed at length. Ms. Sharp indicated she would like more time to work on the fee increase. Ms. Sharp also indicated that she believes the revenue from building permits would be $162,000 and from zoning permits $84,500.
Terry Ratliff, Elmore County’s contracting Public Defender appeared before the Board to discuss arrangements for the upcoming budget year on the two year contract. A workshop on the Public Defender’s budget was held.
A budget workshop for the Coroner was also held.
Chief Deputy Clerk, Merrilee Hiler, discussed several general budget questions she had with the Board. Clerk Best and Chief Deputy Hiler told the Board it was of utmost importance to make the decisions necessary so that a preliminary budget could be put together to see how many of the departmental requests could be funded. Clerk Best and Ms. Hiler stated that time is of the essence now and the preliminary had to be put together.
Pete Nielsen, State Representative, appeared before the Board during the public portion of the budget to discuss a proposed project for a recreational vehicle area. Prior to that discussion, the Board stated they would like to speak to Representative Nielsen about property taxes. The Board explained they had just completed Board of Equalization hearings to hear tax appeals. Commissioner Rose stated that several of the taxpayers stated they had spoken to Senator Corder and Representative Wills and were told the Legislature could not assist them, the problem is in the Courthouse. Representative Nielsen stated that simply isn’t true and they would never hear him say that. Representative Nielsen went on to express his shock when a similar remark was made by Governor Kempthorne at the State of the State address. Representative Nielsen stated he knows the County is governed by Idaho Code and Administrative Rules and they are just doing the job they are required to do. The fact that the property tax is a real problem was discussed further as well as whether a special legislative session would be called.
The conversation then turned to the recreational area. Mr. Nielsen stated the area is for off road vehicles and contains approximately 300 acres. Mr. Nielsen stated it is a natural area and is, and has been, used by off road recreationalists for many years. The Cattlemen’s Association has donated $5,000 before for the project. The land is owned by the Bureau of Land Management (BLM) but they do not want to sponsor the project because they don’t want the liability. Commissioner Rose asked why would the County want the liability? Mr. Nielsen stated they could put up signs saying riders are doing so at their own risk, but the Board stated that it would not make any difference - if someone got hurt the County would face litigation anyway. Mr. Nielsen stated the Wild West Off Roaders group does also try to keep things clean out there, maybe they would help out. The BLM is willing to lease the land out. Commissioner Rose asked if the Cattlemen would sponsor the project? Mr. Nielsen stated he did not know, but would see if he could find out. Whether or not putting up a fence to keep cattle out was discussed. How the area would be maintained was discussed, who would be responsible was discussed. Commissioner Cruser stated that perhaps Mr. Nielsen could do some further research on the questions that were coming up and come back and talk to the Board again. Mr. Nielsen made an appointment for July 31st to come back and discuss the matter once again.
Motion by Rose, second by Cruser to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
