COMMISSIONERS MINUTES                                 December 3, 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 the Clerk, Marsa Grimmett, and Civil Attorney Richard Roats.

Motion by Cruser, second by Shaw, to approve the minutes for November 14, 2007 and November 26, 2007.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to re-appoint K.C. Deurig to the Planning and Zoning Commission for a four year period.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to approve the Findings of Facts, Conclusions of Law for the Jay Brown Re-Zone request.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The Certificates of Residency were read into the record by Chairman Rose: Daniel Wayne Alderman, Desiree Ann Fabello, Mary Ana Rodriguez, and Lori Laine Ufter. Motion by Rose, second by Shaw, to approve the Certificates of Residency as read.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Correspondence was reviewed. Notice was received from Larry Tripp, District Ranger, Forest Service, that a meeting will be held on December 11, 2007 at 1:00 p.m. for the Elmore County Snowmobile Coordination Group at the Mountain Home Ranger District Office in Mountain Home. Chairman Rose stated he would attend.

Marty Jones, Central District Health, came before the Board and reported he has been out at the Glenns Ferry Landfill testing soil. Mr. Jones stated Centra Consulting would report on the soil testing.

Ken Obenauf, Centra Consulting, came before the Board to relay information that he learned at his meeting with The Department of Environmental Quality (DEQ) and Central District Health. Mr. Obenhauf gave the Commissioners a handout regarding the Glenns Ferry Landfill Operation Plan and Expansion Plan. New expansion test trenches were discussed and fractured basalt (soil) was discovered when digging the new expansion trenches. Mr. Obenhauf explained municipal waste cannot be put in a fractured basalt area. Another area was found that was suitable for the waste. The waste would have to be compacted in the new trenches. Another option would be to create a transfer station at the site which would be run by Idaho Waste Systems. Issues regarding closing the landfill were reviewed. Chairman Rose questioned why the involved regulatory agencies had never addressed the 200 foot setback issue. Mr. Obenhauf stated the property/boundary lines were uncertain. The Financial Assurance letter was received by DEQ, and they complimented the County on the detail of the letter. The Commissioners thanked Mr. Obenhauf and Mr Jones for coming before the Board.

Civil Attorney Roats stated the meeting with the Department of Environmental Quality and the Department of Water Resources can possibly be held on the second Monday in January. Attorney Roats stated the reply to the City of Mountain Home on the revisions of the Area of Impact was ready.

Motion by Cruser, second by Rose, to accept and have the Chairman sign the Memorandum of Understanding with Terry Reilly Health Services regarding domestic violence.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Bonnie Sharp, Growth and Development Director and Bob Knight, Planner, came before the Board. Also present was Traci Lefever and Kayla Parsons from the E-911 Department, Eddie Goldsmith, State E-911 Coordinator, and Assessor Jo Gridley. Ms. Sharp stated they have three different mapping problems in her office, zoning maps, plat maps, and regular maps that people inquire about. Ms. Sharp showed an example of a zoning map and displayed a map that Mr. Knight created. Ms. Sharp stated her office would like to have access to the E-911 street name list and access to updates on the parcel mapping from Duane Priest. Commissioner Cruser stated we have already discussed this issue and that Ms. Lefever would make the updates and give those updates to the interested Departments. Ms. Parsons stated the map was not finished yet. Commissioner Cruser asked when would the project be finished. Ms. Lefever stated they are going live in January and she is hoping it will be done at that time however a policies and procedures document needs to be created for County Departments and the public. Ms. Parsons stated the project is being funded with Title 31 monies and there are restrictions. Mr. Knight stated what they are asking for is access to the same GIS information that other County Departments have access to in order to carry out their daily business. Chairman Rose stated the Growth and Development Department had access to all this information not too long ago. Ms. Lefever told Mr. Knight there is information on every piece of property in the County in the AS400 program and Mr. Knight stated it was not GIS data. Ms. Parsons stated again the project it is not ready yet and they are going to share the information when it’s done. The AS400 report on daily recordings was discussed. The Growth and Development Department receives one daily and Assessor Gridley stated that Department should be current on any deed work as Mr. Knight stated earlier he needed to know who owned property. Ms. Sharp stated she only checks that report for surveys. Ms. Sharp stated she doesn’t want to use those reports any more, they are cumbersome and would like to have the information on the computer. Chairman Rose asked if EIS still owns all the maps that are being created. Mr. Goldsmith replied there are two maps, EIS has one and Ms. Lefever has the other one on her computer. Ms. Lefever has the older information on her computer. Mr. Goldsmith stated the maps are not complete therefore would not help the Growth and Development Department at the present time. Commissioner Shaw asked if the E-911 Department could promise that in 7 weeks the Growth and Development Department could have the information and Mr. Goldsmith stated it is up to the vendor when it will be complete, the seven weeks is an estimate.

Deputy Laytreda Schultz and Deputy Rick Bohling came before the Board to discuss an Elmore County Ordinance for ATV’s, UTV’s, and motorcycles on certain public roadways. They are requesting an ordinance to regulate the use of those motorized vehicles. A draft ordinance was prepared and was given to Attorney Roats. The Solid Waste Ordinance was briefly discussed and a new sign is being prepared to display at the Transfer Sites in Elmore County. A bridge jumping ordinance was discussed.

Motion by Rose, second by Shaw, to approve an Ordinance to adopt Chapter 4 Planned Community Standards.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve an Ordinance to adopt Chapter 6 Planned Unit Development District Standards.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve an Ordinance to adopt Chapter 5 Planned Unit Development Standards.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw to approve an Ordinance amending the Elmore County Zoning Ordinance to establish 13 zoning districts and setting forth regulations for each district.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve the proposed text changes to the April 7, 2004 Comprehensive Plan.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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

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

K-10-07-01 Motion by Rose, second by Shaw, to sign the release of lien and the County will accept the sale proceeds of the home in the amount of $27,420.86.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-07-01 Motion by Cruser, second by Rose, not to return a check in the amount of $5,000.00.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-11-07-01 Motion by Shaw, second by Cruser, to approve with a reimbursement order of $25.00 per month beginning January 2008 and review the case in 6 months.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-11-07-03 Motion by Shaw, second by Cruser, to deny as incomplete at this time.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Melanie Hart, 6117 S. 18th E., Mountain Home, appeared before the Board with a request that her Homeowners Exemption for 2007 be reinstated on her house that was involved in a house fire. There was a Homeowners Exemption on the house which was removed when it burned down. The house was re-built and on August 10, 2007 Ms. Hart stated she appeared in the Assessor’s office and filed another Homeowners Exemption and was told everything would be fine. Mr. & Mrs. Hart are disabled and she is expecting twins. Ms. Hart is requesting help from the Commissioners regarding their property taxes as they have almost doubled now that the Homeowners Exemption is not on the property. They also have the property up for sale. Ms. Hart stated she has also filled out a hardship request. Assessor Jo Gridley reviewed her file with the Commissioners showing a time line of the events. Discussion followed and a decision will be made later in the day.

A public hearing was held to re-open a public hearing that was held on October 9, 2007 to receive testimony 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.

Chairman Rose stated the public hearing was re-opened as new information was received by the Commissioners after the close of the public hearing held on October 9, 2007. Chairman Rose also stated a meeting is being set up with the Department of Environmental Quality (DEQ) and Department of Water Resources to discuss water issues in Elmore County. Commissioner Cruser stated she had opened an email from Ann Atkin, which was a letter from DEQ, and that letter was considered new information. Civil Attorney Roats advised the Board at that time to re-open the public hearing.

Brett Harward, Manager for Beacon Lights, LLC, 4475 Oxford Way, Bountiful, Utah, spoke to the Board regarding DEQ’s requirements for cash up front on the project and reviewed the Conditional Use Process for the Board. Mr. Harward stated other subdivisions have been approved with individual wells in the County. Mr. Harward stated their intent was to still put in community water system. Civil Attorney Roats stated the letter from the Department of Environmental Quality that was received after the public hearing on October 9, 2007 closed, stated the requirements were only for the community water system, not for the whole infrastructure of the subdivision. Civil Attorney Roats stated the Board needs clarification on the matter. Mr. Harward stated they do not have the funds, they planned on having the project fund itself with the sale of lots and they are not sure if they can get a letter of credit. Discussion followed on the project and time that has been spent. Ms. Atkin came forward from the audience. Commissioner Shaw questioned what Ms. Atkin said at the last hearing regarding the requirements of DEQ. Ms. Atkin stated DEQ told them they needed to fund the whole infrastructure. Commissioner Shaw questioned if it was only the community water system portion that needed funding could they proceed. Ms. Atkin stated no they do not have enough money to complete the subdivision by supplying a community well.

Bob Ruth, 19550 N. Del Norte Place, Oasis, stated he was the fire chief for the Oasis Volunteer Fire Department. Mr. Ruth stated his position was neutral on the issue, but requested that the fire department sit down with the developers and discuss fire protection issues in reference to the subdivision being annexed in to the fire district.

Guy Burnham, 24300 Ditto Creek, Mountain Home, appeared before the Board to introduce testimony into the record. Mr. Burnham stated he feels individual wells will be a thing of the past in the upcoming future. Doing individual wells now on this project and then having a community water system later is not feasible. The impact on the aquifer is not clear but each new subdivision will affect the aquifer in a negative way. Water re-charge in the area is not happening. Mr. Burnham handed in written testimony titled Testimony in Opposition to Sunrider Ranch Individual Wells, and County Zoning Decisions and Groundwater Management.

Brett Harward came forward and stated they have spent over a $100,000 on this project drilling and testing the water, their tests have shown multiple aquifers in the proposed subdivision that they can tap into, and they will share that information if necessary. The transfer of the water right from Fred Smith states .62 cubic feet per second or 6000 gallons per lot per day can be used. Mr. Harward stated he would like to get this issue resolved right now, their intention is to put in a water community system, but at this time would like the project approved with individual wells. Chairman Rose stated the public hearing was also re-opened to take testimony from DEQ and Water Resources on the issue of individual wells. Commissioner Cruser stated the Board just received a document from the Department of Water Resources stating they had turned down a community water system in the Mountain Home Groundwater Management area.

The public hearing was left open for further testimony and will be continued to the meeting with the Commissioners, Department of Water Resources, and the Department of Environmental Quality. A notice will be published of that tentative meeting date and time. Notices will be sent to the affected property owners and those who have attended the public hearings.

Guy Burnham, 24300 Ditto Creek, Mountain Home, was on the agenda to speak about water issues. Discussion followed on the community water system that Water Resources recently denied. Mr. Burnham stated the Department of Water Resources is establishing a precedent and stated in the Findings of Facts it reads: Idaho Code § 42-223B and Idaho Code § 42-203(5) authorize the Department to reject an application if an application to appropriate water is found to injure other water users, if there is not a sufficient water supply, or if the application will conflict with the local public interest. The application permit No. is 61-12070 in the name of A & A Development. Mr. Burnham stated he was there to help the Commissioners and share information regarding water in Elmore County. Mr. Burnham reviewed the information he submitted at the Sunrider Ranch Subdivision public hearing which were County Zoning Decisions and Groundwater Management. He went on to speak of water history, who makes decisions that affect the aquifer, and what are the statutes. The Board thanked Mr. Burnham for his presentation.

Bob Ruth appeared at the public portion of the meeting with issues regarding the Oasis Fire District and Subdistricts. Mr. Ruth showed the Board map and inquired how the Oasis Fire District would be set up. Deputy Clerk Steele advised Mr. Ruth to check with Clerk Grimmett and Election Clerk Garcia. Mr. Ruth also stated they might set up a quick response unit in the Oasis area.

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

Motion by Rose, second by Shaw, to approve a hardship application for Melanie Hart, 6117 S. 18th E., Mountain Home, Idaho, to grant a partial exemption of $1,102.08 for tax year 2007.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.




The Board recessed as a Board of Equalization and reconvene as a Board of Commissioners.

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

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