COMMISSIONERS
MINUTES
October 9, 2007
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 Chairman Larry Rose, Commissioners Arlie Shaw and
Connie Cruser. Also present was Clerk Marsa Grimmett.
Rose Plympton, Treasurer, and her Chief Deputy Teri Lasuen, appeared before the
Board with uncollectible personal property taxes and requested those taxes be
attached to the real property. For the Treasurer’s office to do this they need
the Commissioners permission. There are four, three are mobile homes, and one is
equipment. Motion by Rose to remove the following personal property owned by
Stephen H. & Cheri Parke, Mildred Mowery and Kevin Parsons from the personal
property roll to the real property roll, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
A Public Hearing Date was set for Wednesday, November 14, 2007 at 6:30 p.m. for
the proposed Planned Community (PC) Ordinance, Planned Unit Development (PUD)
Ordinance, Planned Unit Development District (PUDD) Ordinance, Proposed text
changes to the April 7, 2004 Comprehensive Plan-Chapter 5 Land Use, and a
proposed Ordinance to amend the Elmore Co. Zoning and Development Ordinance to
allow for development of PC’S, PUD’s and PUDD’s.
The Fair Budget and possibly meeting with the Fair Board to explain the budget
process was discussed.
Commissioner Cruser briefly discussed the impact fees being proposed by the City
of Mountain Home in the Area of Impact Area.
Motion to accept the amended Certificate of Levies for Elmore County by Rose,
second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion to approve the minutes of October 1, 2007 by Shaw, second by Rose.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion to approve the expenses in the amount of $463,082.01 by Rose, second by
Cruser. Discussion followed.
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 $33,035.25.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, to approve the Payroll in the amount of
$347,295.11.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion to approve the Clerk’s Office Report, Bail Bond Report and Treasurer’s
Report for the record only by Rose, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion to approve the liquor license transfer for Martin’s Family Restaurant by
Shaw, second by Rose.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion to approve the Certificate of Residency for Heidi Brianne Peck by Rose,
second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Discussion followed on lift assists on ambulance calls. Extrication and Rescue
units are being asked to help with lift assists by Northwest Paramedics.
Chairman Rose stated he spoke to Ms. Vogt from Northwest Paramedics and they
will be billed by any entity that they ask help from for a lift assist.
Commissioner Shaw reported on disputes brought to him regarding the new jail on
bills from contractors and he referred the parties to Russ Morehead.
Commissioner Shaw also reported on the money that will be received by the County
from the Bureau of Reclamation regarding the wild fires this year and how that
money can be allocated. He spoke to one of the Twin Falls County Commissioners
as they are receiving funds also. At this point no allocation has been
determined, just suggested.
Chief Deputy Nick Schilz appeared before the Board to invite them to a full
scale exercise with all the emergency response services in Mountain Home to test
the ability of Elmore County agencies, state and federal agencies, to respond to
a mobile methamphetamine lab at the Elmore Medical Center. Arrangements have
also been made to exercise our EOC (Emergency Operation Center) that afternoon
at 1:00 p.m., at the Mountain Home Police Department which will give an
opportunity to refresh our skills to work through the challenges of decisions
that would need to be made at administrative levels. This exercise will be held
on October 26, 2007.
Commissioner Cruser reported she had checked on flu shots for Elmore County
Employees. She also phoned Jody Soboslai from the Assessor’s Office to get an
update on McGrath’s Board of Equalization’s court proceedings. Ms. Soboslai
stated no court date had been scheduled yet. A letter submitted to the
Commissioners regarding a bill received from Aspen Publishers from Nick Schilz
regarding inmate access to the internet for research of law information was
discussed. The Commissioners would like Civil Attorney Roats to write the
company a letter regarding the matter.
Motion to recess for lunch by Shaw, second by Rose.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
The Commissioners resumed their meeting after lunch. There were no Indigent
cases to be heard.
At 2:00 p.m. a Public Hearing was held on an appeal of a Planning and Zoning
Commission decision to deny a request to amend a Conditional Use Permit to allow
individual wells on each lot in Sunrider Ranch Subdivision. The Subdivision site
is all of the SE1/4 SW1/4 and a portion of the NE1/4, SW1/4, of Section 18,
Township 1 South, Range 5 East, B.M. A common direction to this property is
Simco Road exit from I-84 to Desert Wind Road, turn right, proceed about two
miles to S. Tyler Road, which is included in the subdivision. The appellant is
Ann Atkin, Manager, Beacon Lights, LLC.
Ann Atkin, Manager for Beacon Heights LLC, 2250 N. University Parkway, Suite
4830, Provo, Utah, appeared before the Board. Ms. Atkin stated the current
Conditional Use Permit requires a Community water system and she is asking the
Commissioner to override the decision made by the Planning and Zoning Commission
on the 70 lot, 170 acre subdivision and allow individual wells. The property is
surrounded on all sides by BLM land. The Department of Environmental Quality (DEQ)
is very strict in their requirements regarding Community water systems. They
require 3.5 million dollars to be held in a reserve account until the project is
complete. The Conditional Use Permit requires that the subdivision is paved
after 75% of the lots are sold. The LLC has currently spent over a quarter of a
million dollars on this project. They currently have water rights, 4.6 cubic
feet per second which is enough to service all the lots with community water.
Ms. Atkin stated they are not opposed to community water, they don’t have the
funds available at this point to put in the bank as required by DEQ. Ms. Atkin
stated they are not in the Cinder Cone Butte District. Commissioner Cruser asked
about the history of this Subdivision and Ms. Atkin explained that the first 25
lots were approved for individual wells, then the community water system would
be installed and the 25 individual wells would be capped off. The Commissioners
would not approve the final plat with that condition and they had to go back to
the Planning and Zoning Commission to allow individual wells or a community well
system. The Planning and Zoning Commission said they had to have a community
well. Ms. Atkin stated there are 66 sellable lots, one that would be for a
community center, and three lots where the Chevron pipeline runs. Commissioner
Shaw asked about the requirements from DEQ and if there was something in
writing? Ms. Atkin talked to Bonnie Sharp, Growth and Development Director, who
was in the audience, and they discussed that there were emails sent back and
forth between Ms. Atkin and DEQ but neither party had those emails with them.
Chairman Rose asked if it would still be their intent to do a community water
system if individual wells were allowed and Ms. Atkin stated yes. Ms. Atkin
stated when community water has been installed then the first 25 lots with
individual wells would be capped and the 25 homeowners would have to hook up to
the community water, the purchasers of the lots would sign a statement to that
fact and it would also be included in the Conditions, Convenants and
Restrictions on the Subdivision. Ms. Atkin also stated the Commissioners would
not be involved in the enforcing procedure.
Ron Castle, 709 Desert Wind Road, Boise, ID, stated he was in favor of
individual wells and that community wells use more water than individual wells.
The chance of a septic system contaminating a well is very slim as the wells are
very deep out in that area. Commissioner Shaw asked about the usage of water,
Mr. Castle stated you can use 9 gallons per minute of water inside and 9 gallons
per minute outside with the community well, with an individual well you can only
9 gallons per minute total. He also doesn’t feel a community water system is
safer. Commissioner Cruser asked if the 9 gallons per minutes inside and 9
gallons per minute outside was written down somewhere on the community well. Mr.
Castle stated it was in the Commissioners minutes of Sept 24, 2007 that
Commissioner Shaw stated he spoke to Mr. Westra from the Department of Water
Resources and that is what he was told.
Rosie Castle, 709 Desert Wind Road, Boise, ID, read a letter into the record:
I realize that there has been a big push by Elmore County Planning and Zoning
for community wells. I have no idea as to why, but the point is, there is no law
in this state that would enable the P&Z Commissioners to force implementation of
community wells. CDH may prefer to see community wells in place, but that does
not make it so.
Ms. Atkin’s first choice for the subdivision water was a community water system.
However, due to some unforeseen constraints placed by the DEQ, some changes were
requested. Ms. Atkin went through the process requested of her, but due to the
fact there are no laws in place to prohibit individual wells, those final papers
could not be signed off. That is why we are here today. Community water systems
are very costly to say the least and are a CHOICE, not a MANDATE! When DEQ adds
an additional financial requirement, it makes if prohibitive for any developer
of a meager size with a small number of lots to re-coop the financial burden.
Community water systems create more problem(s) that they have ever solved in
small subdivisions. I have found that people use more water than they are
allowed by LAW. They think they still live in the city and can turn the faucet
and it is there. They have no conception of the cost, upkeep and maintenance of
a pumping system. Quit(e) frankly, the majority of the population, only want to
be able to turn the faucet and have water. Community water does not make ones
water any safer. In fact, if one listens to the news, the boiling orders have
been placed most often on city water and small community water systems, not
privet (private) wells.
Privet (Private) wells cause a person to be responsible for his or her own
actions. They are not dependent on someone else taking care of them; neither the
neighbor nor the government. Community water systems have and do cause
neighborhood contention and pits neighbor against neighbor, which is sad yes,
but a very true and real story. When privet (private) wells go down, one family
is out of water. When a community water system goes down, there are many
families out of water.
Everyone in the outlying Elmore County areas are in what is classified a rural
community. Rural communities are on privet (private) wells. Someday some (of)
the communities in the outlying areas will be annexed, but until then we have
the privilege and the right, by law, to have our privet (private) wells.
This may not be the correct forum to say what I’m about to say, but it is
totally connected to the water issue that is such a superficial concern. There
is a particular party that speaks continually about enough water for the fire
protection. This same party had been called by the Elmore Police Department at
approximately 5:30 A.M. one morning to report a fire. Someone one (on) the
freeway passing had seen a pretty huge blaze and reported a structure fire. This
particularly party said – Out of my area – went back to sleep. Question, would
it have mattered if there had been ample water? Would it have mattered if this
had been a structure fire or a wild fire? Would it have mattered if my family
and myself would have lost our lives? No, it was not a structure fire and no one
was hurt. However, my girlfriend who was visiting woke us up. Did a neighbor who
was concern (concerned) call or come by? Is this just about water? I know that
is early in the a.m. and most folks are still sleeping. However police and (a)
neighbor were notified. Is live (life) worth nothing?
Bob Ruth, 19550 N. Del Norte Pl. Oasis, ID, stated he would be wearing two hats
today. The first would be with the Oasis Volunteer Fire Department. He stated he
spoke with Ann Atkin and the discussion was about a community water system,
which they would be in favor of. One concern they have is if the community water
system does not happen, they are not part of the fire district and Ms. Atkin has
expressed an interest of becoming a part of the district. The Fire Department is
in favor of the original amendment of the first 25 lots having individual wells
and then being capped when the community water system is installed. The whole
subdivision having individual wells is not favorable. The County not being able
to enforce the capping of the wells was a concern. If you don’t have a good
homeowners association it could fall by the wayside.
Mr. Ruth stated he was the one phoned about the fire that Ms. Castle talked
about earlier and stated dispatch did phone him and said there was a fire in the
Mayfield area and he stated he told the dispatcher they cannot respond out of
their district. Mr. Ruth said he talked to Mr. Castle about this and was glad it
was not a structure fire but there is no mutual agreement with the Mayfield area
and they have no fire protection by their own choice.
Now as a citizen in Oasis, Mr. Ruth submitted 9 pages of a petition stating: We
the undersigned residents and/or property owners of the northwest area of Elmore
County to include Tipanuk, Oasis and Mayfield are very concerned with future
development and the subsequent number of individual wells in this area. We are
not against growth but rather are trying to encourage RESPONSIBLE GROWTH and
SENSIBLE WATER USAGE through PRACTICAL and FARSIGHTED planning. Therefore, we
are asking the Commissioners of Elmore County to uphold the Elmore County Growth
and Development’s decision on the CUPs for Sunrider Ranch and Prairie Sun
Subdivisions. Specifically: We fully support Growth and Development’s decision
to: 1) to limit the number of wells to 25 in the Sunrider Ranch Subdivision, and
2) to require a community water system in the Prairie Sun Subdivision. Signed by
approximately 81 residents in the area.
Mr. Ruth stated the People who have signed this are concerned about water.
Sunrider Ranch Subdivison is not part of the Cinder Cone Butte Critical Water
Area but they are right on the edge. Mr. Ruth stated there are some serious
water issues going on with drops in wells. Once you see well levels dropping you
are behind the curve. Sensible growth is what they are asking for. When you have
a large subdivision and more are added you have a significant amount of water
being pulled out of the ground. On an individual well you can pull 13,000
gallons a day and he is not sure about the statement of being able to pull twice
that amount out of a community well. With a community well monitoring and
regulating can be done. He is concerned with the quality of life in Elmore
County and that is dependent on water. What they are asking in the petition is
for the Commissioners to look at the situation and be proactive and to uphold
Planning and Zoning’s denial of the request of individual wells, stay with the
25 lots with individual wells, and then community water system.
Mr. Ruth read a letter into the record from Dan Hennis: Greetings, I am very
concerned over tht (the) direction Elmore County seems to be heading with the
water resource in the Oasis area. Last Friday (24, August, 2007) Tamara called
me out-of-state, frantic that the well pump had quit. The following Monday, a
pump man confirmed the pump had run out of water, and a new pump was required.
The water stratas in the Oasis area, on the whole, are very slow to recover. The
IDWR has been aware ov (of) this for years and can suggest ways or means to
assist existing residents in coping with the problem. However, it must be noted
that to continue to assist in the uncontrolled growth and subsequent abuse of
the waining water resource will shortly be their undoing. If something is not
done fast and soon, I fear a lot of people are going to get hurt. And then, as a
matter of human nature, those hurt will start pointing fingers demanding redress
and compensation. As a matter of fact and for the record, we had to lower the
new pump an additional 20 feet to compensate for slow recovery. Although we are
moving, we would be in-human not to be concerned about our friends still living
there. Please, if you can, please protect our property values and rights by
somehow limiting the sacred water right to all the new growth. Respectfully, Dan
Hennis.
Mr. Ruth then read a letter from Teresa Ruth into the record: Dear
Commissioners, I am a resident of Oasis, Idaho and am gratified that Elmore
County Planning and Zoning has seen fit to deny CUPs for Sunrider Ranch and
Prairie Sun based on their desire to allow individual wells at a density that is
not appropriate for a critical water area.
I am concerned about the water quantity and the quality as well. Introduction of
numerous new wells in the area not only depletes a water supply that is
undocumented in quantity, but individual septic tanks greatly increase the risk
of polluting that water supply. I thank the members of the commission for the
effort they have shown in supporting this area’s desire for a reasonable rate of
growth and a density suitable for a desert with limited resources. Therefore I
ask that you support the Planning and Zoning’s denial of a Conditional Use
Permit for these two planned communities based on inappropriate density and use
of water. Thank you, Teresa Ruth, 19550 N. Del Norte Place, Oasis, Idaho.
Chairman Rose asked Mr. Ruth about the petition that was submitted and if all
the citizens that signed the petition had individual wells and Mr. Ruth stated
they did. Chairman Rose stated what if he took half the petition and said this
half can have individual wells, and the other half has to have a community water
system. Chairman Rose asked how can the Commissioners require a community water
system when there are no regulations? Chairman Rose stated he appreciated the
concern of the citizens there, but by what authority does he have to say the
residents there can have individual wells and the rest of the residents can’t.
Chairman Rose stated if what Commissioner Shaw was told by John Westra from the
Idaho Department of Water Resources is a fact, than a community well can use
more water. Chairman Rose stated they have not seen anything in writing.
Mr. Ruth stated as far as the quantity of the water coming out of the ground, 9
gallons versus 18 gallons with a 6 inch pipe you couldn’t pull that much water
and Ms. Atkin corrected Mr. Ruth and stated they would have 8 inch pipes.
Currently it is self policing on the water use.
Commissioner Shaw stated that what he was told by Mr. Westra could not be a part
of this public hearing. Commissioner Shaw stated he wanted to find out what the
rule was. The answer he received was relayed in a regular Commissioners meeting.
Commissioner Shaw stated he doesn’t believe that anyone is going to use 13,000
gallons of water a day, but if you can, what is the purpose of a community well
if it is equal or more. Commissioner Shaw asked if something could be submitted
in writing regarding the quantity of water that can be used. The Commissioners
have nothing in writing and what he was told by Mr. Westra cannot be part of
this hearing. Commissioner Shaw questioned do the Commissioners have the right
to make decisions that the Department of Environmental Quality and the
Department of Water Resource won’t make. That is what the Commissioners are
faced with.
Mr. Ruth stated our State Legislatures Nielson and Wills are having meetings
over the water issue, and he would hope that somewhere along the line through
the legislative process this issue would be taken up. Neither side can prove one
way or another if there is enough water. Until that is proved Mr. Ruth stated
they are asking the Commissioners to exercise some deliberation on this issue
and to be careful.
Ken Jones, 11153 W. Desert Duck, Tipanuk, ID, agrees with everything Mr. Ruth
had to say. He stated he doesn’t oppose development but a community well was a
more responsible way to go. His main concern is water contamination and feels
septic systems will create a problem. Instead of individual septic tanks have a
lagoon installed. Mr. Jones lives downstream of the development and the
developer should have to pay if there is contamination. If one developer is
allowed to put individual wells then every developer will want the same. He
feels now is the time to put your foot down and tell the developers no to the
individual wells.
Tom Thornsberry, 12249 W. Hisel, Tipanuk, ID, stated Mr. Ruth covered most of
his concerns. Mr. Thornsberry asked what stops an individual from drilling a
well in Mountain Home and not using the City’s water. He then stated if you take
25 wells at $25,000 each, and then when the developer sells 75% of the lots,
they will put in a community water system. The 25 lots would then have to spend
$33,000 to hook up to the community water system. If you buy the 26th lot what
is the purchaser going to do for water? The community water system won’t be
finished.
John Root, 10475 W Desert Duck, Tipanuk ID, appeared and stated he has developed
some of the land in Elmore County. He has in the past used one well for two
lots. He is opposed to the individual wells and feels the Planning and Zoning
Commision has looked into this issue very close. If we start developing
individual wells there will be no way to stop contamination. Mr. Root stated
when property is cut down into smaller pieces the Commissioners should be able
to put restrictions on it. Mr. Root feels we need to study the problem now, in
the future it will get serious. Mr. Root also feels in the future we will have
to have a Western Elmore County Fire District for all the new proposed
developments in the area.
Mary Brethauer, 1020 Desert Wind Road, Mayfield, ID, asked if Elmore County has
a lawyer that can answer these questions. Richard Roats, Civil Attorney, stated
it is a property rights issue. Having concrete written facts to support a
community well opposed to individual wells is what is needed. Ms. Brethauer
asked how to can it be changed, and Attorney Roats stated through the
legislature or County Ordinance, but you must have backing, studies, and facts
to create a County Ordinance requiring a community water system opposed to
individual wells. Ms. Brethauer stated she has lived with a community well and
she stated it works.
Ann Atkin came forward to rebut the testimony that was given. Ms. Atkin stated
Mr. Ruth brought up many things like fire protection. Fire protection is not
required there and Oasis doesn’t fight structure fires or respond outside their
district. The petition that was signed by all the residents that have individual
wells could probably apply for a grant and develop community water for
themselves and if they are that concerned why don’t they. Ms. Atkin stated the
25 wells is off the table, she is here for individual wells on the entire
subdivision. She stated that the 75% of sales were for asphalting the
subdivision, not for putting in the community water system as Mr. Thornsberry
stated. One of the letters that Mr. Ruth wrote stated they are in the critical
water area and they are not. Ms. Atkin stated she has access to same well logs
as everyone else, and there is nothing to back up lowering water levels in the
area. Ms. Atkin stated Mr. Jones stated 73 wells, it is 67 wells. Everyone was
worried about water contamination and the wells would be 300 to 400 feet. Ms.
Atkin stated the current residents have their individual wells and septic tanks
and they have already set the precedence. Ms. Atkin stated they would build
three spec houses and put them all on one well. She stated they don’t want a lot
of wells either and is in agreement with most of the citizens out there. She
stated 67 wells on 170 acres is not the same as 80 wells on 80 acres. She is
asking for what already exists and is under the opinion it is a State law. She
feels she is entitled to put in individual wells.
Mr. Root stated she did not address the fire protection water and that needs to
be addressed. The insurance will be in class 10 until they get a fire protection
system in the area.
Mr. Thornberry spoke again and stated Ms. Atkin wants to put in a subdivision,
to him that is a group of houses. He asked if there is a difference in the law
between Subdivisions and Individual rights?
Attorney Roats stated there is no specific law or ordinance that says you have
to have the houses on a community well.
Chairman Rose closed the hearing.
The public hearing was held to hear public input regarding a recommendation of
the Elmore County Street Name Committee that the road in Hammett currently known
as W. Snake River St. be changed to W. Osprey St. as recommended by the Street
Naming Committee. The Board Members believe the changing of this road name is
necessary to bring this road name into compliance with our Ordinance and it is
in the best interest of public safety.
Jim and Lee Straley, 9685 W. Snake River, Hammett, ID, appeared before the Board
and spoke regarding the name change and they felt it was inconsiderate. Mr.
Straley stated they want to change the name of our road because there is a road
in Glenns Ferry called Snake River Avenue and that would be confusing. Chairman
Rose stated our Ordinance states that there can’t be two road names that are the
same and the Street Naming Committee has decided something needs to be done. Mr.
Straley stated now the road will be Osprey St. Mrs. Straley stated her biggest
problem is they have street on it, it is not a street. A street is in a town, by
Webster’s definition in a town or city. Mrs. Straley does not want Street on the
new name Osprey.
Chairman Rose asked Kayla Parsons, E-911 Board member and Chief Dispatcher,
Traci Lefever, E-911 Addressing, and Robin Ellis, E-911 Board member to come
forward.
Traci Lefever, read the ordinance what defines a street: a designated street
which extends through both urban and rural areas.
Mrs. Straley doesn’t feel Hammett is urban. Mr. Straley wanted to know how much
confusion would this cause if the names both stayed the same. Kayla Parsons,
E-911 Board Member and Chief Dispatcher, stated that the emergency response zone
responders are Northwest Paramedics out of Glenns Ferry along with the Sheriff’s
Dept and Fire Department out of Glenns Ferry. If they were dispatched to Snake
River, the emergency responders might go to Glenns Ferry when they need to go to
Hammett. Ms. Parsons stated she feels they are trying to do their best for all
the citizens of Elmore County.
Commissioner Shaw, gave an example of a road named South 18th East, Aguirre Road
and Pole Line Road. They are all one road with three names. The paramedics
haven’t lived here all their lives and don’t know the three names of the road.
Robin Ellis stated using cell phones is popular now. When an emergency call
comes through and the caller says I am on Snake River Road and then the phone
cuts off, where would emergency services go if we had two roads named Snake
River.
Ms. Parsons explained the process we are in currently for the different phases
on the Enhanced 911 System. Ms. Parsons apologized for the inconvienence.
Richard Albright, 208 Parkmont, Caldwell, ID, from Northwest Paramedics stated
their concern as a first responder is the need to be able to get there
expediently, assess the situation and try to get the essential services there as
fast as they can.
Mr. Straley asked if Osprey can be changed from street to avenue or road. Mrs.
Straley stated she would concede if it does not have street on it. Four digit
numbers were explained as they are on a grid system. GPS was also discussed and
the phases of the E-911 program.
Chairman Rose read a letter into the record that was received on October 9,
2007: We, Francis and Tamzy House of 9143 West Snake River Street, Hammett,
Idaho, Hereby Give Notice of our objection to the renaming of our street. We
believe such action is not necessary because it will not solve the basic problem
for which it is intended to address. If your emergency vehicle drivers cannot
read and interpret maps and charts, and perform self study so as to become
thoroughly familiar with Elmore County Roads, streets, and highways they will
never be able to perform their required duties no matter how many changes you
make to street and roadway names.
We further consider that your procedure that allows certain entities within
Elmore County to opt out of these name change requirements violates the equal
protection rights of United States citizens that are provided for in the United
States Constitution. We have therefore asked the American Civil Liberties Union
to assist us in striking done (down) this unfair ordinance.
Respectfully, Francis House 5 Oct 2007
Deliberation followed on the road name change from W. Snake River Street to W.
Osprey Street,
Motion to uphold the street naming committees recommendation regarding the road
in Hammett currently known as W. Snake River Street to W. Osprey Street by Rose,
second by Shaw. Discussion followed regarding calling the name street.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Deliberation followed on the public hearing that was held on Ann Atkin’s appeal
of Sunrider Ranch Subdivision. Commissioner Cruser asked why we can’t require a
community well. Can we ask the Dept. of Water Resources and DEQ to come and
state on the record what they are requiring? Attorney Roats stated we could
consider an ordinance amendment requiring the community well for “x” number of
lots. Through the public hearing process of an ordinance amendment the entities
could come before the Board and state what their requirements are. We are not at
the point that we can enforce a community well. Chairman Rose stated everyone
would be grandfathered in up to the point of the ordinance amendment being
adopted. Commissioner Cruser would like the facts in writing as to what the
rules are. Commissioner Shaw agreed with Commissioner Cruser and also stated he
didn’t know what our Planning and Zoning Commission is basing the condition of a
having to have a community well according to the record. The deliberations will
be continued.
Terry Ratliff, Contract Public Defender, appeared to have the Commissioners sign
the Public Defenders Contract for another two years. He also gave a review of
what has been going on in his office. He has a current opening in his office and
is not having any luck filling the position. He has contracted with other
attorneys to help.
Motion by Cruser, second by Shaw, to approve and sign the Contract for the
Provision of Contract Public Defender Services for Elmore County from October 1,
2007 to September 30, 2009.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Civil Attorney Roats reported on the Intermountain Hospital Contract he had
modified. The Hospital agreed to the changes.
Bonnie Sharp, Growth and Development Director, appeared before the Board with a
final plat of Driftwood Subdivision Number 1 by developer Bud Corbus. The
Commissioners looked at the mylar plat of the Subdivision.
Motion by Rose to sign the final plat of Driftwood Subdivision Number 1, second
by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Discussion followed with Ms. Sharp regarding the community water systems and the
Planning and Zoning Commission’s requirement of community water systems and the
need to have the proper Entities meet with the Commissioners and possibly the
Planning and Zoning Commission.
Prosecutor Schindele appeared and introduced her new attorney Adam Dingeldein.
The backlog of court cases was discussed and possibly the need for another
Judge.
The deliberation of the appeal of Sunrider Ranch Subdivision will be continued
to the next Commissioners meeting.
The Time Warner Cable letter and the Detention Contract will be put on next
Monday’s agenda. The Commissioners also discussed the Emergency Services
Building and the Attorney Roats stated the problem was that the Architect did
not prepare the plans correctly. Commissioner Shaw stated a letter should be
sent to the builder stating it was not a structural problem, it was an
architectural problem.
Motion to adjourn by Shaw, second by Cruser.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
