COMMISSIONERS MINUTES                                 September 10, 2007

COMMISSIONERS MINUTES SEPTEMBER 10, 2007

The Commissioners met in regular session on the above date in the Commissioner’s Room in the 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 was Clerk Marsa Grimmett and Civil Attorney Richard Roats.

Motion by Rose, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(b). Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed. No action was taken as result of the Executive Session.

Motion by Cruser, second by Shaw, to approve the minutes of August 27, 2007.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Cruser, second by Rose, to approve the expenses. Discussion followed regarding the Change Order from Lombard and Conrad regarding the jail. Civil Attorney Roats will write a letter to Lombard Conrad regarding the change order. The Lombard Conrad change order expense will not be included in the approval of the expenses. Total expenses $471,561.77.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to approve the payroll for August, 2007 in the amount of $347,295.11.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

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

Motion by Rose, second by Shaw, to approve the Ambulance Expenses in the amount of $31,904.19.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Wade Baumgardner, Veteran’s Service Officer, came before the Board to ask about his salary and who would be monitoring his time card now that he was a full time employee at 20 hours a week. The Commissioners stated it would be good to fill out a time card and turn it in to our Payroll Clerk. Mr. Baumgardner asked who would be his immediate supervisor and Chairman Rose stated all three Commissioners would be. Mr. Baumgardner asked about sick leave and vacation accrual. Chairman Rose stated Mr. Baumgardner has signed a statement waiving all County Benefits therefore there would be no sick leave or vacation accrual. The only benefit is PERSI. If Mr. Baumgardner missed a day or a few hours, those hours would be made up at another time. Salary for the position was discussed and the salary will remain the same.

Chairman Rose read the Certificates of Residency into the record: Heather M. Bonorato, Amanda Beth Burgess, Vincente Diaz, Alexandria M. Dodge, Cesar Gomez (2), Glen D. Hance, Jessica Ann Kerr, Brandon Raymond Lopez, and Harold Leon Reed. Motion to approve the Certificates of Residency by Rose, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Traci Lefever, E-911 Coordinator, and Kayla Parsons, Dispatch Supervisor, came before the Board to discuss with the Commissioners setting a public hearing on a Street Name Change and to review a purchase order for E-911 equipment for integration with the Mountain Home Air Force Base.

Motion to approve the Qwest Purchase Order for E-911 equipment for integration with Mountain Home Air Force Base, by Cruser, second by Rose.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

A Public Hearing was set for October 9, 2007 at 3:30 p.m. on the appeal of the name change of West Snake River Street to W. Osprey St.

Steve West representing Centra Consulting appeared before the Board. Mr. West gave the Commissioners an update on the Glenns Ferry Landfill and what they have been doing. Mr. West showed the Commissioners a map of the Glenns Ferry Landfill showing trenches and setbacks. Discussion followed on what would be needed to increase the longevity of the landfill. Methane monitoring was discussed at the Glenns Ferry Landfill. Mr. West presented the Board with a proposal from Centra Consulting for methane monitoring.

Jodi Soboslai and Stephanie Kazyaka, Elmore County Christmas Party Committee, came before the Board and reported on last years Christmas party.

Motion by Rose, second by Shaw, to approve a budget of $3000.00 for the County Christmas Party.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

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

Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C. 67-2345(d) to meet with Social Services Director Marianne Bate. Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

The following decisions were made:

K-08-07-06 Motion by Rose, second by Cruser, to deny as not indigent and applicant can self pay over a five year period.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-04-07-05. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Clerk Barbara Steele, Civil Attorney Richard Roats, Rayven Wilkerson representing St. Alphonsus Regional Medical Center and the applicant. Ms. Bate gave an overview of the case. The hearing was closed.

Still in Executive Session a hearing was held on K-11-06-05. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Deputy Clerk Barbara Steele, Civil Attorney Richard Roats, Rayven Wilkerson and Steven Pitts, Attorney, representing St. Alphonsus Regional Medical Center. The applicant is deceased. Ms. Bate gave an overview of the case. The hearing was closed.

Motion by Rose, second by Cruser to grant a continuance on case K-11-06-05.for 45 days.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

A public hearing was held to hear public comment on an appeal of a Planning and Zoning Commission decision. The appellant is Ken Gearhart and the application was for a Conditional Use Permit and a Preliminary Plat in an Ag B Zone for a 34 Lot Platted Residential Subdivision to be known as Sky Ridge Estates Subdivision. Site is located in Government Lots 1 & 2 of Section 3, Township 4 South, Range 6 East, B.M. The Conditional Use permit was approved by the Planning and Zoning Commission with additional conditions. The appeal is on the additional condition “Applicants will install a community well or accept the City of Mountain Home’s offer, per their letter dated June 21, 2007”. This condition is found on the third page of the Findings of Facts, Conclusions of Law and Order, under Additional Conditions. The appellant is asking the Commissioners to remove this condition and allow the option to install individual wells.

Richard Andrus, Attorney, Spink Butler, 251 East Front Street, Suite 200, Boise, Idaho, representing Ken Gearhart in this matter, gave a background on the application which is for a 34, 2 acre lot, Subdivision. Mr. Andrus feels community wells should not be required, the State Code does not require it, DEQ does not require it, and even the Elmore County Zoning Ordinance doesn’t require a community well. Commissioner Shaw asked about the capacity of community wells. Mr. Andrus stated the capacity was based on the water right and pipe size. Chairman Rose asked about the frequency of water testing for individual wells versus community wells. Bonnie Sharp, Growth and Development Director stated the owner of a lot with an individual well would have to check the water themselves. Mr. Andrus stated individual wells are safe and still protect the public health and safety. Individual wells would cost less than a Community well.

Sue Liercke, 3004 SW Liercke Drive, Mountain Home, stated she is in favor of individual wells. She feels requiring the community well takes away from property owners individual rights for development.

Richard H. Smith, 3090 Smith Road, Mountain Home, Idaho, stated he does not want a Community well in this area. His well is 660 feet now, a community well would drill at least 900 feet which would impact his individual well. He is in favor of individual wells. He stated he would file a grievance with the Department of Water Resources if the community well was required.

Wayne Shepard, representing the City of Mountain Home, stated he was not in favor or in opposition regarding this issue, he was just available for questions. Mr. Shepard stated the City could be in a position to assist the developer, to drill a main well, maintain the well, and in time that well would service the City also.

Jim Howard with J.J. Howard Engineering, 3746 N. Plantation River Drive, Boise, Idaho, stated he was there to answer any questions regarding technical issues. Mr. Howard stated the City needs a new well but the continuing decline in the real estate market could have an impact. Commissioner Cruser asked about the output of water from individual wells and community wells. Mr. Howard stated currently the water use on an individual well is ½ acre for watering, on a community well, you could green up the whole 2 acre lot.

Ken Gearhart, Applicant for Sky Ridge Estates, 275 Mill Lane, Fernly, Nevada, spoke to the Commissioners stating he was not aware that the Planning and Zoning Commission was requiring community wells. He believes his development is within the guidelines of what the County requires. He strongly recommends that he is allowed to have individual wells.

Phyllis Tobias, 2090 SW Buckey Drive, does not have a position yet of being in favor or opposed to the issue. She questioned the issue and Chairman Rose explained to her the difference between an individual well and community well. Ms. Tobias stated if a community well was required she was concerned with what Mr. Smith said about them having to drill deeper. Water rights were discussed concerning a community well.

Chairman Rose stated that the Planning and Zoning Commission is taking into consideration the fact of possible contamination issues and that the water is metered with a Community well. Chairman Rose stated the various agencies are recommending community water systems and he is disappointed in those agencies (DEQ and Water Resources) for not having any regulations regarding water issues. Chairman Rose stated again the Planning and Zoning Commission is just trying to do what is best for the County. Commissioner Shaw stated water levels are a concern in the County.

Ms. Tobias stated she felt individual wells would be better than a community well.

Reyes Lopez, 1955 North Haskett, Mountain Home, stated he disagrees with the Planning and Zoning Commission on their condition of community wells. He feels the small subdivisions are being imposed with the community wells and the large subdivisions are being allowed individual wells. If community wells are going to be imposed on subdivisions then pass a County Ordinance requiring community wells. Then the developer knows what they are up against.

Chris Alzola, Mountain Home Rural Fire, P.O. Box 793, stated the Fire Dept made their recommendation on individual wells for this subdivision, and then the community water system was required. Ms. Alzola stated that would change their requirements, for example to include fire hydrants. Discussion followed on water rights with the Department of Water Resources.

Richard Andrus, Attorney for Ken Gearhart, briefly explained the water right for domestic use.

Wayne Shepard, City of Mountain Home, came forward and stated the City could have filed for a water right to drill a well two years ago which would have had a 2005 priority and would be subject to regulations. The Department of Water Resources said it would be better to purchase an old water right which would not be subject to certain regulations. An older water right is more viable. Newer water right holders could be asked not to pump if the aquifer continues to fall. Mr. Shepard stated we are already 30,000 acre feet overdrawn on our aquifer and each individual well adds to that. Mr. Shepard stated the City would also require fire hydrants if a community water system was installed.

The appellant, Ken Gearhart, was allowed to rebut any testimony given. Mr. Gearhart stated the Fire Marshall has signed off on the tanks that will be installed for fire issues. He stated the people have clearly stated they are in favor of individual wells. Mr. Gearhart stated pump size could be regulated and if the property owner wanted a bigger pump it could be handled with a special use permit. Chairman Rose stated if you can only water ½ acre without water rights a bigger pump is not necessary. Mr. Gearhart stated he was in favor of single family wells.

Chris Alzola, Mountain Home Rural Fire, asked about the City of Area Impact and stated this property is in the proposed new Area of Impact. Chairman Rose stated the property is not at this time in the Area of Impact and would not pertain to the issue at hand.

Commissioner Shaw stated he wants clarification on water rights. The question is if you put in a community well do you need a water right.

Discussion followed with Chris Alzola along with JJ Howard on the question at hand.

Larry Jewett, 5670 N. 18th E. who used to be the Chairman of the Mellon Water District, came forward and stated they had to put in a community well after everyone’s wells went dry. They applied for a water right and it was approved. They didn’t have to purchase an existing water right. The new water right won’t have a high priority.

Richard Andrus, Attorney for Ken Gearhart, stated both issues are true. You can have a water right that could be issued in 2007, but you run the risk of an old water right taking precedent over the new water right.

Chairman Rose asked if anyone else wished to testify. The hearing was closed.

Adam and Alan Crane from Snake River Rubbish came before the Board to talk about their contract. The contract expires the end of this month. Civil Attorney Roats was given a copy of the current contract, with the assignment to the Crane Brothers. Discussion followed regarding the Glenns Ferry Landfill. Commissioner Shaw asked if a special session could be held later in the week, possibly on Friday. Civil Attorney Roats stated he would be available Friday afternoon. The Commissioners asked Deputy Clerk Steele to notice up a special session for Friday, September 14, 2007 at 3:00 p.m.

Bonnie Sharp, Growth and Development Director, presented the final plat for Soles Rest Ranch Subdivision to the Board. Motion by Rose, second by Shaw, to approve the Soles Rest Ranch Subdivision.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C. 67-2345(f). Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed and no action was taken as result of executive session.

The Commissioners deliberated the appeal of Ken Gearhart for a Conditional Use Permit and a Preliminary Plat in an Ag B Zone for a 34 Lot Platted Residential Subdivision to be known as Sky Ridge Estates Subdivision.. The appeal is on the additional condition “Applicants will install a community well or accept the City of Mountain Home’s offer, per their letter dated June 21, 2007”. This condition is found on the third page of the Findings of Facts, Conclusions of Law and Order, under Additional Conditions. The appellant is asking the Commissioners to remove this condition and allow the option to install individual wells.

Commissioner Shaw stated he didn’t think we could impose the community well restriction as he doesn’t feel the County has jurisdiction over the water. Commissioner Cruser stated she thought the County could. Chairman Rose stated he felt the same as Commissioner Shaw. Commissioner Cruser stated we can impose other restrictions to subdivisions so we should be able to impose the community well restriction. Chairman Rose stated property owners rights are an issue. Discussion followed on how much water can be used for an individual well versus a community well. Prosecutor Schindele gave an overview of the public hearing to the Commissioners of what evidence was presented. The Planning and Zoning Commission’s staff report states the Subdivision meets the nine elements, factors and considerations for the Conditional Use Permit, and that this file does not include any testimony or evidence to support the condition. Commissioner Shaw stated if the County wants to impose the restriction of community wells on Subdivisions, then the County needs to add that to the County Planning and Zoning Ordinance, which would require holding a public hearing to hear public comment.

Motion by Shaw to modify the Conditional Use Permit and strike the additional condition “Applicant will install a community well or accept the City of Mountain Home’s offer, per their letter dated June 21, 2007”, second by Rose.
ROSE - AYE
CRUSER - NAY
SHAW - AYE Motion carried and so ordered.

The appeal of Ann Atkins, Sunrider Ranch Subdivision, regarding the requirement of a community water system, was set for October 9, 2007 at 2:00 p.m.

Prosecutor Schindele gave the Commissioners the completed proposed PC (Planned Community), PUD (Planned Unit Development) and PUDD (Planned Unit Development District) Ordinances for their review.

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

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