COMMISSIONERS MINUTES
JANUARY 7, 2008
The Commissioners 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 was Clerk Marsa Grimmett and Civil Attorney Richard
Roats.
Jim McNall, Idaho Counties Risk Management Program, appeared before the Board to
discuss Payroll matters. The County is considering changing the employees pay
period from monthly to bi-weekly. Mr. McNall stated designating the work period
would be helpful. Discussion followed on pro’s and con’s of changing to a
bi-weekly pay period. Representatives from the Sheriff’s office joined the
meeting. Discussion followed on the additional time cards that would be required
for all the offices. Mr. McNall stated weekly time sheets would be more
accurate. The breakdown of the sheriff’s work period was discussed. The Sick
Leave Bank was briefly discussed. County employees running for elected
positions, and the conflict it causes within that office was discussed. Vacation
and sick leave accrual was discussed. Mr. McNall also stated they have a new
personnel policy available on their website and one of the issues is the
resignation policy. The Commissioners thanked Mr. McNall for attending the
meeting.
Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C.
67-2345(d). Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
A hearing was held on K-09-07-04. Present at the hearing were the three
Commissioners, Civil Attorney Richard Roats, Social Services Director Marianne
Bate and Clerk Marsa Grimmett. Also present was the applicant. Ms. Bate reviewed
the case for the Board. The Commissioners asked the applicant questions. The
hearing was continued to February 4, 2008 at 2:00 p.m.
Still in Executive Session a hearing of reconsideration was held on K-09-07-02.
Present at the hearing were the three Commissioners, Civil Attorney Roats,
Social Services Director Marianne Bate and Clerk Marsa Grimmett. Also present
was Rhonda Walters, a financial specialist from St. Alphonsus Regional Medical
Center. Ms. Bate reviewed the case for the Board. The applicant was not present,
but had been subpoenaed. The return of service has not been received from the
Sheriff’s office at this time. Ms. Bate will check with the Sheriff’s office.
Ms. Walters stated the hospital did an interview with the applicant, he is
living on Baker Drive and has returned to work at a construction sight on
Mountain Home Air Force Base. Ms. Walters phoned the applicant to remind him of
the hearing today but there was no answer. Motion by Rose, second by Cruser to
reschedule the hearing on K-09-07-02 to February 4, 2008 at 2:00 p.m.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed.
The Commissioners discussed the purchase vans for transporting jail inmates.
Motion by Shaw, second by Cruser to recess for lunch.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Rose, second by Shaw, to approve the minutes of December 31, 2007.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
The Fair Board appointment was discussed. The Commissioners want a
recommendation from the Fair Board before any appointments are made.
Chairman Rose read the public hearing notice into the record for the Sunrider
Ranch Subdivision Appeal: NOTICE IS HEREBY GIVEN that on Monday, January 7, 2008
at the hour of 2:00 p.m. in the Commissioner’s Room, basement of the Elmore
County Courthouse, 150 South 4th East, Mountain Home, Idaho, a continuation of a
public hearing will be held 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.
Ann Atkin and Brett Harward, appellants, Beacon Lights, LLC, who were signed up
to speak stated they would speak at the end of the public hearing.
Ken Jones, 11153 W. Desert Duck, Tipanuk, stated he lives in Basin 61 which is
called the Snake River Aquifer. Mr. Jones stated water rights cannot be
transferred from one aquifer to another. Mr. Jones asked if a water impact study
had been done in that area on the aquifers. Commissioner Shaw questioned Mr.
Jones about the two separate aquifers and Mr. Jones stated the Boise Basin
Aquifer and the Snake River Aquifer are the two separate aquifers in that area.
Guy Burnham, 24300 Ditto Creek Road, appeared before the Board and gave the
Commissioners a copy of a newspaper article from Arizona regarding water issues
and briefly explained the article. Mr. Burnham stated the best technical water
assessment that has been made to date was done in 1970’s and 1980’s by the
Department of Water Resources in the Cinder Critical Water Area and they are
they are the legal constituted authority in the State. The best technical
assessment we have is that there is insufficient water to meet the needs of the
existing users in this area. That is the official position until further
testing. Mr. Burnham went on to explain the allocation of the aquifer. Mr.
Burnham stated recharge is not sufficient to meet any new water uses. Chairman
Rose stated that Water Resources has stated there is not enough water in the
area, it would be a moral obligation of the Commissioners to protect the people
in the area, but there is nothing on record from the legislature that states a
person cannot drill a well and pull 13 thousand gallons from the aquifer. Mr.
Burnham questioned if development was right for an area that has been used as
range land for cattle grazing that is zoned for that use. Commissioner Shaw
asked if in the Mountain Home Groundwater Management Area, is the statement the
same as the Cinder Critical Water Area that there is not enough water for
existing water users. Mr. Burnham stated the Mountain Home Groundwater
Management area does encompass some recharge areas and there may be some areas
that could support some development. Commissioner Shaw then asked if there has
been any litigation of a well being drilled on someone’s property causing
another property owner’s well water level to decrease. Mr. Burnham stated an
aggrieved party can petition the Department of Water Resources if they feel
their well water level has decreased.
John Root, 10475 W. Desert Duck Ave., Tipanuk, appeared before the Board and
stated he spoke with his Representative, Pete Nielson, and Mr. Nielson will be
submitting a plan to the legislature he has for water use, including changing
the domestic well water use to 6,000 gallons per day. Mr. Root asked the
Commissioners to invite Mr. Nielson to come before the Board before that plan is
submitted. Mr. Root reviewed the rules of domestic well use and stated the
current rules are old. Mr. Root state he has done research on the new
development proposed in this area, and from the County line to Blacks Creek
there are subdivisions planned for approximately 8700 homes, the largest piece
of ground in the proposed subdivisions is .83 acres. Chairman Rose asked who
would regulate the 6,000 gallons per day. Mr. Root stated he hoped citizens
would follow the law.
Bob Ruth who had signed up to speak declined.
Brett Harward, 4475 Oxford Way, Bountiful, Utah, representing Beacon Lights LLC,
came forward and stated their project should not have to wait for a decision
until the legislators pass laws. Mr. Harward stated they have done many studies
and tests on the water in the area. Chairman Rose asked Mr. Harward if they
would consider giving up the water rights they have purchased to have individual
wells. Mr. Harward stated he does not feel that is fair, they need those water
rights to do a community water system later in the subdivision. They are asking
to proceed with individual wells at this time. Mr. Harward stated if you could
escrow the water rights for a community water system they would consider doing
that. Mr. Harward stated they need to amend their Conditional Use Permit to
allow individual wells.
Ann Atkin, 2525 North 850 West, Provo, Utah, representing Beacon Lights LLC,
stated grants are available to Government entities for community water systems.
Ms. Atkin suggested the County could apply for such a grant for that area. Ms.
Atkin stated the County is asking them to trade or give up three quarters of a
million dollars worth of water rights.
Motion by Cruser, second by Shaw, to close the public hearing 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.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Chairman Rose read the public hearing notice into the record for the Prairie Sun
Subdivision Appeal: NOTICE IS HEREBY GIVEN that on Monday, January 7, 2008 at
the hour of 2:00 p.m. in the Commissioner’s Room, basement of the Elmore County
Courthouse, 150 South 4th East, Mountain Home, Idaho, a continuation of a public
hearing will be held to receive testimony on an appeal of a Planning and Zoning
Commission decision to deny a Conditional Use Permit and Preliminary Plat for a
73 lot platted subdivision to be known as Prairie Sun Subdivision in an
Agriculture A Zone located in Elmore County. The decision was based on a failure
to comply with item #22 located on the Conditional Use Permit Application. The
three specific “failures” cited were, 2. C.14-1, 3. C.14-1 and 5. C14.1: Lots
are too small/too many lots (lots: smallest 1.5 acres, largest 3.6 acres,
average 2.4 acres), Lack of second egress/ingress, and Community well versus
private individual wells. The appellant is Jay P. Clark/Developer. Site is
located in a portion of the West Half of the Northwest Quarter and being in the
North Half of the Southwest Quarter of Section 3 and being in the Northeast
Quarter of the Southeast Quarter and the East Half of the Northwest Quarter of
the Southeast Quarter of Section 4, Township 2 South, Range 5 East, B.M., Elmore
County. A more common means of locating this site is from Simco Road and I-84,
head northeast on Simco Road to Desert Wind Road. Turn right/southeast for
approximately 5 ¼ miles to W. Tilli Road. Turn left/east onto W. Tilli Road for
approximately 1 ½ miles. The property is located on the right/south side of the
road.
Robert Bennett, 2250 North 5th East, Mountain Home, appeared before the board
stating he owns adjacent property next to the proposed subdivision. Mr. Bennett
stated he is opposed to the subdivision, particularly the density of the lots.
Mr. Bennett spoke of a well in the Hot Springs area that had to be capped as
other wells in the vicinity dried up. The Department of Water Resources required
the well to be capped, although it was an irrigation well opposed to a domestic
well. Mr. Bennett stated he didn’t feel there was the water capacity for a
community well in the area of the proposed subdivision.
Doctor Tony Schiro, 17198 N. Oceanview Lane, Mountain Home, appeared before the
Board. Mr. Schiro stated he would be most affected by the subdivision as it
would surround his current home. Mr. Schiro stated he went to the Southern Idaho
Health Department website and looked up the rules and regulations for
subdivisions, particularly septic systems and the testing needed. Mr. Schiro
stated he has not seen any of these test results on this proposed subdivision.
Mr. Schiro also cited a court case from a 2005 Idaho State Supreme Court Ruling,
Fisher vs. the City of Ketchum, where the Idaho Supreme Court stating that a
Board of County Commissioners cannot even rule on an approval of a subdivision
until the County Commissioners have reviewed all the testing that is required.
Bonnie Sharp, Growth and Development Director, who was in the audience, was
asked by Chairman Rose if the Health Department required Level One Nitrate
testing? Ms. Sharp replied they did not.
Guy Burnham, 24300 Ditto Creek Road, Mountain Home, appeared and stated he would
like his previous testimony from the Sunrider Ranch Subdivision appeal to apply
to this public hearing also. Mr. Burnham stated once the water right has been
established the date of the water right is critical.
Craig Deppen, 13542 W. Tilli Road, Mountain Home, appeared before the Board and
stated no one is monitoring the water usage on domestic wells and the Developer
should be responsible for that monitoring. Mr. Deppen stated he has yet to see
or hear anything about training or outfitting any fire suppression units. Mr.
Deppen also stated their community was working on a Quick Response Unit.
Mr. Deppen would like the wild land fire protection addressed also. With the
addition of approximately 200 homes Mr. Deppen questioned protection from the
Sheriff’s office. Traffic was also a concern.
Diane Cobb, 13703 W. Tilli Road, Mountain Home, appeared and explained to the
Board that she had just moved from Boise after living there for 49 years. Ms.
Cobb stated her home in Boise was rural and when the City expanded towards her
property she moved here to Elmore County and feels the same thing is happening
to her now. Ms. Cobb stated she would not have moved from Boise had she known
there would be a subdivision in her backyard. Traffic is also another problem.
Ms. Cobb stated she is not opposed to small development and also stated she has
cattle and horses and her rights will be taken away when the residents in the
subdivisions start complaining about her animals. No fire departments have been
considered. Ms. Cobb stated she had a horse hit and killed by a vehicle a month
ago out at her place.
Loren Jalbert, Engineer of Record for Sunrise Engineering on the Prairie Sun
Subdivison, 1650 South Topaz Way, and Karissa Hardy, Engineer in training with
Sunrise Engineering, appeared before the Board representing Jay Clark. Mr.
Jalbert stated he felt there were three issues to address: density, egress,
wells and water, and fire. Mr. Jalbert stated they did a NP study (Nutrient
Pathogen) and also sat down with Marty Jones from Central District Health and
Mr. Jones agreed with how the Subdivision was layed out regarding the density.
Regarding the second egress, a traffic impact study was done. The Mountain Home
Highway District wanted larger roads, the plat was redone and the Mountain Home
Highway district approved it. Regarding fire conditions, they have met with Bob
Ruth and have agreed to supply water tanks for fire fighting. Mr. Jalbert stated
next was the water issue. Mr. Jalbert reviewed a pamphlet that he passed out to
the Commissioners. Mr. Jalbert reviewed the data within the pamplet that he had
received from the Department of Water Resources in the area of the proposed
subdivision of the wells. Mr. Jalbert stated in their CC&R’s (Covenants,
Conditions & Restrictions) they are requiring 7500 gallons of water use only per
day. Discussion followed on water issues and how other states are handling them
and the tests that were done for the septic systems.
Motion by Rose, second by Cruser, to close the public hearing on an appeal of a
Planning and Zoning Commission decision to deny a Conditional Use Permit and
Preliminary Plat for a 73 lot platted subdivision to be known as Prairie Sun
Subdivision.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Stephanie Bergh came before the Board to ask that the Commissioners change the
Commissioner district boundaries. Discussion followed on how the districts were
determined the last time they were changed to equal the representation of the
whole County.
Bonnie Sharp, Growth and Development Director, appeared before the Board and
asked if they had had time to review the letter from Planning and Zoning
regarding citizens who have applied for conditional use permits. Commissioner
Shaw has been on vacation, so the Commissioners told Ms. Sharp they needed more
time to respond to the letter.
Guy Burnham, 24300 Ditto Creek Road, Mountain Home, came before the Board during
the Public portion of the meeting to let them know he would try and help them
with solutions for water problems in the County.
The Board addressed the Resolution for an Emergency Moratorium on Letters of
Information for Lot Splits. Commissioner Cruser read the Resolution into the
record:
RESOLUTION NO. ____-08
DECLARING AN EMERGENCY MORATORIUM ON (A) ACCEPTING AND GRANTING PERMITS FOR
ORIGINAL LOTS OF RECORD AND/OR ADMINISTRATIVE LOT SPLITS, (B) RECOGNIZING
EXEMPTIONS FOR CERTAIN LARGE LOTS OR PARCELS UNDER THE ELMORE COUNTY ZONING
ORDINANCE, AND (C) ALLOWING LETTER OF INFORMATION (LOI) SUBDIVISION DEVELOPMENT
WHEREAS:
Elmore County is authorized by Article 12, Section 3 of the Idaho Constitution
to enact local ordinances to protect health, safety and sanitation of the public
within its jurisdiction; and
The Local Land Use Planning Act, Chapter 65, Title 67 of the Idaho Code requires
each Idaho county to comprehensively plan and regulate land use in order to
protect the health, safety and general welfare of its residents; and
Elmore County Ordinance No. 99-3 amended the Elmore County Zoning and
Development Ordinance of 1994, which provided a new definition for original lots
of record, allowed for the creation of new lots of record by administrative lot
split so long as the new lots meet certain requirements regarding lot frontage
to depth ratio and deeded or direct access to highway district roads, and
fashioned certain exemptions; and
Elmore County Zoning and Development Ordinance, Chapter 2, Article III-2, sets
forth a scheme for approving and regulating division of property and subdivision
development, including a specific exemption from the general rules regarding
subdivision development for large lots or parcels contained in Section A.3-2;
and
Elmore County Zoning and Development Ordinance, Chapter 2, Article III-2,
Section E.3-2 defines letter of information (LOI) development and establishes a
scheme for approving and regulating such development; and
The Elmore County Board of Commissioners has become aware that developers and
large property owners are creating 40-acre parcels, which are deemed to be new
lots of record under the Elmore County Zoning and Development Ordinance, as
amended. These new lots are then being sold for development or further divided
through the exception for large lots or parcels that allows for LOI development
without subdivision approval or plat requirements; and
The Board of County Commissioners has determined that an imminent peril to the
public health, safety and welfare of the people of Elmore County exists because
of inadequacies present in the current ordinances, to-wit: upon review of the
existing ordinances regarding original lots of record, new lots of record,
exemptions for large lots or parcels, and/or LOI development, the Board has
determined the Elmore County Zoning and Development Ordinance is vague and
contains insufficient procedural and substantive requirements and safeguards,
including but not limited to the following:
1. The ordinances setting out the review process for applications for the
creation of new lots of record do not clearly define who must review the
requirements for lot frontage to depth ratio and deeded or direct access to
highway district roads. Neither does the ordinance provide standards for the
review of the requirements or to determine whether the stated exemptions exist.
Finally, the ordinance provides little guidance regarding whether to grant the
application to create a new lot of record.
2. The ordinances establishing the process for the creation of new lots of
record, exempting certain large lots or parcels and permitting LOI development
fail to set forth standards for governing such development. The ordinances do
not provide guidance on how to maintain public infrastructure, promote and/or
preserve environmental development, preserve aesthetic qualities and protect
neighboring property values and the economic welfare of the county.
3. The ordinances establishing the process for the creation of new lots of
record, exempting certain large lots or parcels and permitting LOI development
fail to provide assurances regarding the applicant’s duty to maintain proper
access for emergency vehicles, including ambulance, fire protection/suppression
equipment and other first responders; and
The Elmore County Board of Commissioners further finds the perilous situation
posed by the inadequacies identified above requires adoption of a new ordinance
governing the creation of new lots of record, exemption of certain large lots or
parcels, and LOI development; and
The Elmore County Board of Commissioners finds that such a repeal, plan, plan
component, or plan amendment is being prepared for Elmore County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Elmore County
that, pursuant to I.C. § 67-6523, from the date this resolution is approved by
the Board of Commissioners, until one hundred and eighty-two (182) days
thereafter or the adoption of a repeal, plan, plan component or plan amendment,
whichever occurs sooner, that Elmore County will not accept for processing any
applications for new lots of record, exemption of large lots or parcels, or LOI
development, as defined in the Elmore County Zoning and Development Ordinance.
During the period of this Emergency Moratorium, the Board directs the Elmore
County Planning and Zoning Commission to draft an amended section of the Zoning
and Development Ordinance to properly regulate such developments and submit said
proposed amendment to the Board for consideration and adoption.
Employees of Elmore County are hereby authorized to take all steps necessary to
place this interim moratorium in effect and carry out its terms as appropriate.
Approved as a Resolution of the Elmore County Board of Commissioners on the
_____ day of January 2008.
ELMORE COUNTY COMMISSIONERS
LARRY E. ROSE, Chairman
CONNIE CRUSER, Commissioner
ARLIE SHAW, Commissioner
ATTEST: MARSA GRIMMETT, Clerk of the Court and the
Elmore County Board of Commissioners
Motion by Cruser, second by Rose, to approve the Resolution for an Emergency
Moratorium on Letters of Information for Lot Splits.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to appoint Commissioner Shaw to be Chairman
for 2008.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to go into executive session pursuant to I.C.
67-2345(f) litigation issues. Roll call vote taken.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.
Regular session resumed, no action was taken as result of the Executive Session.
Motion by Cruser, second by Rose, to uphold the Planning and Zoning Commissions
decision to deny the application to amend the Conditional Use Permit wherein the
applicant asked to remove the condition of a community water system on Sunrider
Ranch Subdivision. The community water system was part of the original
application submitted by the applicant.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to uphold the Planning and Zoning Commissions
decision to deny the Conditional Use Permit on the proposed Prairie Sun
Subdivision for the following reasons: the lots are too small, there are too
many lots, the lack of second ingress/egress,
community well versus private individual wells and the proposed subdivision is
located in the Critical Groundwater Area as designated by the Department of
Water Resources.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.
Motion by Cruser, second by Shaw, to adjourn.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.
/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk