COMMISSIONERS MINUTES OCTOBER 2, 2006
The Commissioners met in regular session on the above date in the Commissioners Room basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.
Present at the meeting were Chairperson Mary Egusquiza, Commissioners Larry E. Rose and Connie Cruser. Also present was Clerk Merrilee Hiler.
Commissioner Rose read Resolution No. 380-06 into the record:
RESOLUTION NO. 380-06
AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 2nd DAY OF OCTOBER 2006, THE FOLLOWING RESOLUTION WAS ADOPTED, TO WIT:
WHEREAS, Elmore County, acting through its Board of County Commissioners, pursuant to I.C. §§ 31-601 and 31-604 has the authority to effectively carry out the duties imposed by the provisions of the Idaho Code and Constitution; and
WHEREAS, the Elmore County Assessor’s Office, through the Department of Motor Vehicles, provides services for registration of motor vehicle under I.C. § 49-401 et seq., among other duties; and
WHEREAS, I.C. § 49-401 permits the County to impose a fee for said services in lieu of property taxes on motor vehicles; and
WHEREAS, Elmore County Board of County Commissioners recognizes that said administrative fees have not been raised in many years; and
WHEREAS, a public hearing was held on September 11, 2006, requesting public input on the issue of raising the administrative fees for services provided by the Department of Motor Vehicles; and
WHEREAS, no public objection was made to the minimal increase in fees;
NOW, THEREFORE, BE IT RESOLVED by the Elmore County Board of County Commissioners in lawful assembled meeting as follows: The Commissioners authorize the Assessor’s Office, Department of Motor Vehicles, to increase the administrative fee from $2.50 to $4.00.
IT IS FURTHER ORDERED That the fee increase shall be effective October 2, 2006. DATED this 2nd day of October 2006.
ELMORE COUNTY BOARD OF COMMISSIONERS
Mary Egusquiza, Chairperson
Larry Rose, Commissioner
Connie Cruser, Commissioner
ATTEST: Merrilee Hiler, Clerk of the Courts and the
Elmore County Board of Commissioners
Motion by Egusquiza, second by Cruser, to adopt Resolution 380-06 as read.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Rose read Resolution No. 381-06 into the record:
RESOLUTION NO. 381-06
AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 2nd DAY OF OCTOBER 2006, THE FOLLOWING RESOLUTION WAS ADOPTED, TO WIT:
WHEREAS, Elmore County, acting through its Board of County Commissioners, pursuant to I.C. §§ 31-601 and 31-604 has the authority to effectively carry out the duties imposed by the provisions of the Idaho Code and Constitution; and
WHEREAS, the Elmore County Growth and Development Office, through the Building Department, provides certain public services; and
WHEREAS, I.C. § 67-6519 permits the County to impose a fee for said building permit services; and
WHEREAS, Elmore County Board of County Commissioners recognizes that said fees have not been raised in many years; and
WHEREAS, a public hearing was held on September 11, 2006, requesting public input on the issue of raising the fees for building permit services provided by the Building Department; and
WHEREAS, no public objection was made to the minimal increase in fees;
NOW, THEREFORE, BE IT RESOLVED by the Elmore County Board of County Commissioners in lawful assembled meeting as follows: The Board authorizes the Growth and Development Office, Building Department, to increase the fees it charges. The Board specifically adopts the International Building Code (IBC) 2003 fee schedule for building permits. The IBC is on file for review and reference at the Growth and Development Office.
IT IS FURTHER ORDERED That the fee increase shall be effective October 2, 2006.
DATED this 2nd day of October 2006.
ELMORE COUNTY BOARD OF COMMISSIONERS
Mary Egusquiza, Chairperson
Larry Rose, Commissioner
Connie Cruser, Commissioner
ATTEST: Merrilee Hiler, Clerk of the Courts and the
Elmore County Board of Commissioners
Motion by Rose, second by Cruser, to adopt and sign Resolution No. 381-06 as read.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Rose read Resolution No. 382-06 into the record:
RESOLUTION NO. 382-06
AT A MEETING OF THE BOARD OF ELMORE COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 2nd DAY OF OCTOBER 2006, THE FOLLOWING RESOLUTION WAS ADOPTED, TO WIT:
WHEREAS, Elmore County, acting through its Board of County Commissioners, pursuant to I.C. §§ 31-601 and 31-604 has the authority to effectively carry out the duties imposed by the provisions of the Idaho Code and Constitution; and
WHEREAS, the Elmore County Growth and Development Office provides certain public services; and
WHEREAS, I.C. § 67-6519 permits the County to impose a reasonable fee for processing permits under the Idaho Local Land Use Planning Act; and
WHEREAS, Elmore County Board of County Commissioners recognizes that said fees have not been raised in many years; and
WHEREAS, a public hearing was held on September 11, 2006, requesting public input on the issue of raising the fees for services provided by the Growth and Department Office; and
WHEREAS, the Board received no objection to most of the proposed fees; and
WHEREAS, the Board duly considered the objection(s) it received to the proposed fee for medium sized CAFOs and accordingly decreased the fee.
NOW, THEREFORE, BE IT RESOLVED by the Elmore County Board of County Commissioners in lawful assembled meeting as follows: The Board authorizes the Growth and Development Office to increase the fees for public services according to the chart attached hereto as Exhibit A and incorporated fully herein.
IT IS FURTHER ORDERED That the fee increase will be effective October 2, 2006.
DATED this 2nd day of October 2006.
ELMORE COUNTY BOARD OF COMMISSIONERS
Mary Egusquiza, Chairperson
Larry Rose, Commissioner
Connie Cruser, Commissioner
ATTEST: Merrilee Hiler, Clerk of the Courts and the
Elmore County Board of Commission
EXHIBIT “A”
GROWTH & DEVELOPMENT FEES EFFECTIVE OCTOBER 2, 2006
Approval, Extension of $ 50.00
Blasting Permit $ 50.00
CAFO, Registering existing $ 300.00
CAFO, Siting Permit, New $ 1,000.00 + .25 per animal unit + postage & publication
CAFO, Transfer Permit $ 100.00
Cancellation of meeting/public hearing $ Same as application + postage & publication
Conditional Use Permit $ 400.00 + postage & publication
Development Agreement $ 300.00 + postage & publication & attorneys Fees
Dwelling Unit, Temporary Hardship $ 150.00
Floodplain Development Permit $ 250.00
Letter of Information (LOI) $ 250.00 + CUP Fees
Livestock Confinement Operation, new $ 300.00 +.25 per animal unit + postage & publication
Livestock Confinement Operation, existing $ 150.00 +.25 per animal unit + postage & publication
Mobile Home Court Construction Permit $ 500.00 + $5.00 per space + postage & publication
Mobile Home Court License $ 100.00
Planned Community $ Negotiable-Employee hourly rate & expenses incurred + consultant & attorney fees
Planned Unit Development, final design $ 800.00
Planned Unit Development, preliminary design $ 1,000.00 + $10.00 per lot + postage & publication + consultant & attorney fees
Plat, Final $ 200.00
Plat, Preliminary $ 500.00 + $10.00 per lot + postage & publication + consultant & attorney fees
Plat, Pre-Preliminary Review $ 100.00
Property Boundary Adjustment $ 100.00
Revocation of CUP or other Permit $ Cost of Permit + postage & publication + attorney fees
Tower Collocation (no building permit required) $ 500.00 + zoning permit
Vacation (Subdivision or Road) $ 250.00 + $10.00 per lot + postage & publication
Variance $ 300.00 + postage & publication
Zoning Permits $ 35.00
AMEND OR AMENDMENT
CAFO Siting Permit, Amend $ 1,000.00 + .25 per animal unit + postage & publication
Comprehensive Plan, Amend $ 350.00 (Simple) Material Change $450.00
Comprehensive Plan, Amend $ 550.00 (Major) Material Change $650.00
Conditional Use Permit, Amend $ 400.00 + postage & publication
LOI, Amend $ 250.00 + CUP Fees
Plat, Amend $ 300.00 + $10.00 per lot + postage & publication
PUD, Amend $ 500.00 + $10.00 per lot + postage & publication
Zoning Ordinance, Simple, Amend $ 400.00
Zoning Ordinance, Major, Amend $ 550.00
Zoning Permit, Amend $ 35.00
APPEAL
Administrative to Planning & Zoning Commission $ 50.00
To Board of County Commissioners $ 350.00 + postage & publication
MISCELLANEOUS
Post Notices of Public Hearing $ Time & Mileage
Copies $ .25 per 8 ½ “ 11” page
Copies CD Format $ 10.00
Maps $ Current cost to produce
Zoning and Development Ordinance $ Current cost to produce
Comprehensive Plan $ Current cost to produce
Letters of Zoning Compliance $ 25.00
Motion by Egusquiza, second by Cruser, to adopt and sign Resolution No. 382-06 as read.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The University of Idaho Budget Contract was reviewed. Clerk Steele was phoned and asked to bring down a copy of last year’s budget. Last year’s budget was reviewed. Motion by Rose, second by Cruser, to approve and sign the County Extension Agreement with the University of Idaho College of Agricultural & Life Sciences Cooperative Extension System for the year 2007.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The Commissioner’s appointed Boards were discussed. The Capital Investment Ordinance and term members within that Ordinance were discussed. Rescinding the Ordinance was discussed and Prosecutor Schindele will be contacted for her opinion.
The Snow Groomer Board member terms are all expiring in this month. An advertisement asking for volunteers for the board will be placed in the paper. A letter will be sent to Carlene Braithwaite asking if any current Board members are still interested in serving on the Board, or if she knows of anyone that is interested.
Ron Leydet appeared before the Board to discuss a meeting this Thursday at 9:00 a.m. at City Hall Water Advisory Meeting. The letter the Commissioners sent to Idaho Water Resources was discussed regarding water issues in Elmore County. Another letter will be drafted to request Gary Spackman, Chief of Water Allocation, to attend the work session that is going to be scheduled sometime in November. Discussion followed on requiring developers to drill individual wells on each lot before the sale of the lot.
Various board member terms were reviewed.
Commissioner Cruser asked about a request from Cheryl Landon regarding an Idaho Waste System grant application from the Mountain Home Museum. Deputy Clerk Steele will be asked to research the request.
Commissioner Cruser stated there are no direction signs to the Bennett Road Landfill. Chairperson Egusquiza stated perhaps having a small article in the El-Wyhee Hi Lites or the Mountain Home News would be beneficial for those residents that don’t know where the Landfill is. She also requested that the Commissioners visit the new Veteran Service office at 11:30 on a regular meeting date.
Chairperson Egusquiza phoned Bonnie Sharp, Growth and Development Director and the Commissioners spoke to her regarding a proposed pig farm on Bernie Brown’s property. Ms. Sharp told the Board she was unaware of a proposed pig farm. Ms. Sharp did state she had been questioned about an 800 laying hen farm on Airbase road. Also Ms. Sharp was asked to publish that there was an opening on the Planning and Zoning Commission, and would like applications.
Deputy Clerk Steele brought down the application of grant funds from the Mountain Home Museum. She stated the grants have to have matching funds and this application does not. The Idaho Waste Systems grants were discussed.
Nick Schilz, Chief Deputy Sheriff’s Department, reported to the Commissioners that the 2003 State Homeland Security Program has been finalized.
Motion by Egusquiza to sign the 2003 State Homeland Security Program (SHSGP), Part 1 Closeout, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The payment for spraying the mosquitoes was briefly discussed.
Motion by Egusquiza to approve and sign the State Disaster Project Agreement from the Idaho Bureau of Homeland security, second by Cruser. This is regarding the West Nile Virus Elmore County Mosquito Abatement Project, P-15-06-02.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Mir Seyedbagheri, Extension Agent, phoned and the Commissioners asked him about the Weed Advisory Committee and if it was still active. Mir explained the board has not been active. Chris Bryant and Wayne Presnell are still on the board. Chairperson Egusquiza clarified that board members are appointed by the Commissioners. Mir will get some names to the Commissioners for appointments. There are three vacancies.
Deputy Laytreda Schultz appeared before the Board and discussion followed on the Vessel Fund board. The members are: Jeff Day, Troy Wilkins, John Frank and Lynn McCallum. Chairperson Egusquiza asked for clarification of terms of the board members. Ms. Schultz will set up a meeting and the minutes of the meeting will be sent to the Commissioners.
Motion by Egusquiza, second by Rose, to recess for lunch.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
At 1:30 p.m. the Commissioners resumed their regular meeting. There were no indigent cases for the day.
The Snow Groomer Board letter to Carlene Braithwaite was reviewed.
The easement with the Health Center was discussed. Chairperson Egusquiza stated she spoke with Leslyn, the Director of the Health Center, and informed her that the 10 foot easement was not acceptable to the County.
Sheriff Layher appeared before the Board regarding a meeting for today at 2:00 p.m. with the City of Glenns Ferry and Prosecutor Schindele for Prosecution of Planning and Zoning violations. Motion by Egusquiza, second by Rose, to add a meeting to the agenda for today with the City of Glenns Ferry regarding the contract for law enforcement and prosecution.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Present at the meeting were the three Commissioners, Sheriff Rick Layher, Earl P. Gardner, 537 W. Arthur, Glenns Ferry, JoAnne Lanham, Mayor of the City of Glenns Ferry, Raul Reyes, Elmore County Sheriff’s Department.
Sheriff Layher explained that the City of Glenns Ferry wants the Sheriff to start enforcing the City of Glenns Ferry Code. Prosecutor Schindele stated the City of Glenns Ferry does not have a code enforcer and if the reports aren’t prepared correctly, the Prosecutor’s office will send them back. Prosecutor Schindele stated the process takes a long time. Planning and Zoning issues are very complicated. Raul Reyes from the Sheriff’s Department stated he would do the investigating. Mayor Lanham asked that if the paperwork is correct, will the Prosecutor prosecute. Prosecutor Schindele stated her office would.
Prosecutor Schindele reported on the Resolution for the emergency Moratorium on Planned Communities and Planned Unit Developments that was prepared. Discussion followed on whether or not the Commissioners wanted to enact the Resolution at this point. Chairperson Egusquiza stated possibly enacting an interim ordinance would be better, requiring developers to supply water to the planned communities. Prosecutor Schindele stated ordinances require time, about 60 days to enact. The proposed revised Planning and Zoning Ordinance and a time line as to when it will be finished was discussed. No decision was made.
Tracy Lefever, E-911 employee, appeared before the Board during the public portion of the meeting to discuss the change order of the contract with EIS. Ms. Lefever will have the representative from EIS come to the E-911 meeting tomorrow. Prosecutor Schindele stated the change order was fine but needs to be specific with a capped amount if that is what the Commissioners want.
A public hearing was held on the proposed All Hazards Ordinance. Present at the public hearing were the three Commissioners, Prosecutor Schindele and Clerk Merrilee Hiler. No one was present to give any oral testimony. No written testimony was received. The public hearing was closed.
Motion by Egusquiza, second by Cruser, to adopt the All Hazards Mitigation Plan, Ordinance No. 2006-4.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Commissioner Cruser read the Ordinance into the record:
ORDINANCE ADOPTING THE ALL HAZARDS
MITIGATION PLAN
ORDINANCE NO. 2006-4
AN ORDINANCE OF THE COUNTY OF ELMORE, A CORPORATION OF THE STATE OF IDAHO, ADOPTING THE ELMORE COUNTY, IDAHO, ALL HAZARDS MITIGATION PLAN AND APPENDICES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS, IDAHO:
Section 1. Code Adoption. The Elmore County, Idaho, All Hazards Mitigation Plan and Appendices, developed by the Elmore County All Hazards Mitigation Plan Committee in cooperation with Northwest Management, Inc., is adopted as the official All Hazards Mitigation Plan of Elmore County. The Elmore County Clerk shall maintain a copy of the All Hazards Mitigation Plan and Appendices on file in the Clerk’s office.
Section 2. Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.
Section 3. Repeal of Conflicting Provisions. All current Elmore County ordinances that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.
Section 4. Effective Date. This ordinance shall be effective upon its passage and publication as provided by law.
Enacted by the Elmore County Board of Commissioners as an ordinance on the 2nd day of October, 2006.
ELMORE COUNTY COMMISSIONERS
/s/ MARY EGUSQUIZA, Chairperson
/s/ LARRY E. ROSE, Commissioner
/s/ CONNIE CRUSER, Commissioner
ATTEST: /s/ MERRILEE HILER, Clerk
Bonnie Sharp, Growth and Development Director, appeared before the Board and discussion followed on development in the County.
A Quit Claim Deed to the Mountain Home Highway District was discussed. Property that was donated to the County is going to be deeded to the Mountain Home Highway District per an agreement dated September 18, 2006 between the Mountain Home Highway District, County of Elmore and Prairie Quick Response Unit. Chairperson Egusquiza stated the legal description was verified by Prosecutor Schindele with Assessor Jo Gridley.
Motion by Egusquiza to approve and sign the Quit Claim Deed, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, 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 and no action was taken as a result of the Executive Session.
The proposed moratorium that was discussed earlier in the day will be put on the agenda for next week for consideration.
The Certificates of Residency were read into the record: Kimi N. Hamaishi, Kim Rae Hamilton, Jessica Ann Jourdan and Amber Lynn Smith. Motion by Rose, second by Cruser, to approve and have the Chairperson sign.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve and sign the Intermountain Facility Agreement for the holding, evaluation, rehabilitation, care and treatment of mentally ill and gravely disabled persons taken into custody by the County.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Correspondence was reviewed.
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
