COMMISSIONERS MINUTES                               March 12, 2007

The Elmore County Commissioner’s met in regular 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 Connie Cruser and Arlie Shaw. Also present were Clerk, Marsa Grimmett, Deputy Clerk, Barbara Steele, and Deputy Civil Prosecutor Richard Roats.

Rose Plympton, Treasurer, appeared and asked the Commissioners if the National Day of Prayer event could be held at the Courthouse and they agreed it could.

Commissioner Cruser stated that Chris Alzola, Mountain Home Rural Fire District Clerk, would like the County to continue the work on the fireworks ordinance. The Prosecutor had been working on the proposed Ordinance and further research will be done.

Commissioner Cruser also reported on the jail transition meeting. Construction on the new jail is on schedule and the Sheriff is ready to train the staff.

Commissioner Cruser stated she and Commissioner Shaw went to a mosquito meeting. The State is encouraging Counties with mosquito problems to get mosquito districts established. If a District is formed they can get a loan to get started before the tax money starts coming in.

The E-911 Board has finished the Request for Proposal for a $200,000 piece of equipment. The E-911 Board will be opening the bids.

Motion to approve the minutes for March 5, 2007 by Rose, second by Shaw. Discussion followed and one correction was made.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the Recorder’s Office Report, the Clerk’s Bail Bond Report and the Treasurer’s Report for the record only by Rose, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Rose to approve the payroll for February 2007 in the amount of $318,448.40, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to pay the Ambulance District expenses in the amount of $35,104.64 by Rose, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the expenses in the amount of $641,627.65 by Rose, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Chairman Rose read the requests for tax cancellations into the record: No 875 Darryl & Cynthia Glenn $171.22, No. 876 Darryl & Cynthia Glenn $40.63, No. 877 Darryl & Cynthia Glenn $141.70, and No. 878 Eugene & Sheila Botts $18.25 for a total of $371.80. Motion by Rose to approve the tax cancellations as read, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Chairman Rose advised the Commissioners a letter had been received from Russell Duke, Central District Health asking that a vote be taken to approve the dismissal of Phil Davis and appoint Frank Eld in his place, at a request of the Valley County Commissioners. Discussion followed.

Bonnie Sharp, Growth and Development Director appeared and discussion followed regarding charging a refundable inspection fee when building permits are issued. It has been found that residents are obtaining building permits, but are not getting final inspections and obtaining certificates of occupancy. Bonnie will work up a proposal to present to the Commissioners for the refundable fee.

Chairman Rose asked Bonnie about the revision of the job qualifications on Planner 1. Ms. Sharp stated that the revision that he is looking at should be for Planner 2. Chairman Rose asked Ms. Sharp to keep the Commissioners in the loop when revising job descriptions as BDPA, our salary survey company, needs to be involved also which costs additional funds.

The Commissioners discussed with Ms. Sharp when qualified planners will be used for new planned communities that are being proposed in the County. Our new proposed ordinance includes that qualified planners work with developers to plan the communities. Ms. Sharp stated Mr. Pecchenino took out that part and added that reports be submitted to the Commission every other year to describe how the community is progressing. Discussion followed and Commissioner Cruser stated she felt this was a very important issue and maybe that should not have been taken out of the proposed Ordinance. Ms. Sharp stated she would be getting the drafts to the Commissioners for their review next week.

Dan Collins, Plant Facilities Manager, appeared and the Commissioners discussed with him the flooring and wiring for the telephone in the new jail. The flooring is up to code and the wiring for the phone will be able to be properly installed. Dan will also check the shower in the Extension Office to make sure it is working.

Ron Leydet of Mountain Home, Gary Spackman and John Westra of the Idaho Department of Water Resources, and Charles Olson, 8813 Old Highway 30, Mountain Home appeared to discuss water issues in Elmore County. Chairman Rose asked the gentlemen to offer their comments regarding the water situation on the new communities that developers would like to build on the Ada/Elmore County line.

John Westra stated that developers should be able to prove that there is sufficient water available for these communities. Gary Spackman and Charles Olson discussed the problems of managing ground water withdrawals. Mr. Spackman would like a water district established in this area, with a water master appointed. Mr. Spackman explained how water use has been set up in the new development of Mayfield Springs. The water used in this development for the golf course and common areas is to be treated sewage water.

Motion to recess for lunch by Rose, second by Shaw.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed after lunch.

Motion to go into executive session by Rose, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The following decisions were made:

K-03-07-01 Motion by Rose, second by Cruser, to deny at not last resource and application was withdrawn by St. Alphonsus Regional Medical Center.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-02-07-01 Motion by Rose, second by Shaw, to approve with a reimbursement order of $50.00 to begin one month after employment with a six month review.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-11-06-01. Present at the hearing were Chairman Larry Rose, Commissioners Connie Cruser and Arlie Shaw, Civil Attorney Richard Roats, Social Services Director Marianne Bate, Rayven Wilkerson representing St. Lukes Hospital, the applicant, Diane Gomez and Steven Pitts from St. Alphonsus Hospital. Marianne Bate gave an overview of the case. Questions were asked by the Commissioners to the applicant. The applicant answered the questions. Civil counsel, Richard Roats, asked the applicant further questions. The hearing was closed.

Motion by Rose, second by Cruser to take the case on K-11-06-01 under advisement.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

A public hearing was held on a proposed Ordinance amending the Elmore County Zoning Ordinance to rezone property classified as Ag A to Heavy Industrial M2 at the request of Pacific Hide and Fur Depot, Inc, for a recycling center. No parties testified for or against this amendment. Chairman Rose read the proposed Ordinance into the record:

ORDINANCE 2007-_____

AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE – CHANGING THE CURRENT LAND USE DESIGNATION FROM AGRICULTURAL A TO M2 HEAVY INDUSTRIAL FOR CERTAIN PROPERTY HEREINAFTER SPECIFICALLY DESCRIBED

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 to protect the health, safety, and welfare of their citizens; and

WHEREAS, the Board of Commissioners of Elmore County passed the Comprehensive Growth and Development Plan in 2004 and the Zoning and Development Ordinance in 1994 with subsequent amendments; and

WHEREAS, the Planning and Zoning Commission and Board of Commissioners of Elmore County has determined that construction with adequate regulation is desirable and necessary for the full economic development of the county while protecting property and life; and

WHEREAS, on February 12, 2007 (written Findings of Fact, Conclusions of Law and Order issued February 20, 2007), the Board approved a request by Pacific Hide and Fur Depot, Inc. to change the zoning classification on certain real property located near Simco Road from Agricultural A to M2 Heavy Industrial, subject to the Board’s obligation to enact an ordinance in compliance with Elmore Co. Ord. 94-1, art. XXII-1, § G.22-1 and I.C. § 67-6509; and

WHEREAS, the property is more specifically described as:

Southwest Quarter of the Southwest Quarter of Section 1, Township 2 South, Range 4 East, B.M.

WHEREAS, a public hearing was held on March 12, 2007, before the Board to take public testimony on the proposed ordinance amendment; and

WHEREAS, notice of the public hearing was published in the Mountain Home News on February 21, 2007, and February 28, 2007; and

WHEREAS, following the public hearing held March 12, 2007, the Board concluded that the proposed zoning classification amendment was in accordance with the comprehensive plan and served the public necessity, convenience, general welfare and/or good zoning practices; and

WHEREAS, the Board voted to approve the zoning classification amendment.

BE IT ORDAINED AND HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED:

The property at issue is described as follows:
Southwest Quarter of the Southwest Quarter of Section 1, Township 2 South, Range 4 East, B.M.

The above-described property hereby shall be and is amended from a zoning classification of Agricultural A to a zoning classification of M2 Heavy Industrial.

This Ordinance shall be in full force and effect from and after its passage, approval, and publication.

DATED this _____ day of March 2007.

LARRY ROSE, Chairperson
CONNIE CRUSER, Commissioner
ARLIE SHAW, Commissioner
ATTEST: MARSA GRIMMETT, Clerk of the Board of County Commissioners

Motion to approve the ordinance changing the zoning classification from Ag A to M2 Heavy Industrial on property described as: Southwest Quarter of the Southwest Quarter of Section 1, Township 2 South, Range 4 East, B.M. by Rose, second by Shaw. Roll call vote taken.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The public hearing was closed.

A request was made by Idaho Wind Farms to re-zone property from Ag A to Ag B. The Commissioners had no objection.

Motion to approve the Planning and Zoning’s recommendation for a Zoning Designation Change from Agriculture A to Agriculture B from Idaho Wind Farms, LLC as owner of Bennett Creek Windfarm LLC, and Hot Springs Windfarm, LLC, for a 40 mega watt wind farm, sites are located in portions of Section 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 4 South, Range 8 East and portions of Sections 2 and 3, Township 5 South, Range 8 East, Boise Meridian with a height variance for the wind farms projects’ turbines not to exceed 492 feet by Cruser, second by Shaw. A public hearing was set for April 9, 2007 for the proposed ordinance changing the zoning for this project.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Josh Newby-Harpole appeared representing the Elmore County Historical Foundation, along with Bob Roberts, Robert Rowett and Frank Hicks, who are also members. Mr. Newby-Harpole again requested that the Commissioners support the recertification of the Elmore County C.L.G. (Certified Local Government) and reinstate the Elmore County Preservation Commission.

Bonnie Sharp presented the Commissioners with updated descriptions of the Planner 1 position that can be sent to BDPA to evaluate.

Motion to convene as a Board of Equalization by Rose, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Jo Gridley, Assessor, was present and answered questions of the Board regarding the applications for property tax exemptions.

Motion to approve the property tax exemption on the church of the Southern Idaho District of the Assemblies of God by Rose, second by Cruser.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion to approve the tax exemption on the property of Mercy Housing Idaho, Inc. d/b/a Skyview Terrace Apartments by Rose, second by Shaw.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The Board adjourned as the Board of Equalization and reconvened as the Board of Commissioners.

A letter addressed to the Elmore County Soil Conservation District stated funding would be considered during the next budget process was signed by Chairman Rose.

Motion to adjourn by Rose, second by Shaw.
ROSE -AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk