COMMISSIONERS MINUTES                                 JANUARY 14, 2008

The Elmore County Board of 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 Arlie Shaw, Commissioners Larry Rose and Connie Cruser. Also present was Deputy Clerk Barbara Steele.

General Discussion followed on Commissioners current activities. Chairman Shaw referenced a letter from the Planning and Zoning Commission regarding a business or land use operating in the County without a conditional use permit. The letter stated “In the past, we have allowed the use to continue while the operator applied for the conditional use permit.” The Planning and Zoning Commission does not feel that allowing the operation to continue during the permitting process would be inconsistent or misleading to the property owner so as to create liability to the county. The Commissioners agreed with the Planning and Zoning Commission and asked Deputy Clerk Steele to write a letter stating the business or land use may continue while in the process of obtaining a conditional use permit. The Area of Impact was discussed and how to proceed. The Commissioners Districts were briefly discussed. The County’s Ambulance Service was briefly discussed. The ambulance contract is expiring at the end of this fiscal year and the County will be preparing a Request for Proposal.

Clerk Marsa Grimmett joined the meeting.

Commissioner Rose stated he would swear in the two new Fair Board members tonight at the Fair Board meeting. Also the County has received a letter from the Department of Environmental Quality (DEQ) regarding Centra Consulting and the application DEQ received from them. There were several errors in the application.

Greg Mauer, Elmore County Medical Center Administrator, and John Bideganeta, Elmore County citizen, appeared before the Board regarding a joint ambulance service study to assist the County with their Request for Proposal this year. The study would be at the expense of the hospital. Commissioner Cruser stated this comes at a perfect time for the County since the Ambulance Contract expires this year. Motion by Shaw, second by Rose, to proceed with the Medical Center joint ambulance service study.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Motion by Cruser, second by Rose, to approve the minutes for January 7, 2007.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the expenses in the amount of $380,730.22.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the ambulance expenses in the amount of $32,549.32.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the payroll for December 2007 in the amount of $379,157.19.
SHAW - AYE
CRUSER - AYE
ROSE - AYE Motion carried and so ordered.

Linda Pickett, Payroll Clerk, came before the Board at their request to explain the accounting on the vacation and sick leave. Ms. Pickett stated if the payroll is going to be changed to bi-weekly a date should be set so the employees can be prepared.

Bonnie Sharp, Growth and Development Director, came before the Board to discuss the Proposed Application Fee’s for Planned Communities, Planned Community Developments and Planned Unit Development Districts. The Department has received a Planned Community pre-application for Mayfield Townsite, then the next step will be the actual application and then we will need the new fee schedules. Ms. Sharp will submit the proposed fee schedule to Prosecutor Schindele with the question if a public hearing needs to be held to adopt the fees.

Assessor Jo Gridley was phoned and asked to come to the meeting. Discussion followed on the Moratorium that the Commissioners passed on January 7th on lot splits. Assessor Gridley stated her office has to accept what is recorded in the Recorder’s office. The Recorder’s office cannot refuse a recordable document. The Growth and Development Department would not issue a building permit if it was recognized as an illegal lot split. Commissioner Rose asked how these lot splits became an issue. Ms. Sharp stated she thought the Commissioners were apprehensive about future lot splits in reference to 40 acre lots. Chairman Shaw stated Mark Pechennino brought the issue to the Commissioners and they assumed that the Planning and Zoning Commission was supportive of the Moratorium. Discussion followed on the intent of the emergency Moratorium. The proposed Planning and Zoning Ordinance was discussed and how it will read regarding lot splits. Chairman Shaw stated the emergency Moratorium might need to be repealed.

Bob Taunton, Project Manager of the Elmore Ada Water Project, Tim Ferrell with SPF Water Engineering, a water resource consulting firm, and Chad Biggs, an employee with Scott Perrin and Associates, a public relations firm in Boise, came before the Board to discuss the Elmore-Ada Water Project. A power point presentation showed the Commissioners areas of ground water concerns on land located between Boise and Mountain Home. The area of groundwater concern was reviewed by Mr. Taunton along with a plan/study for a pipeline from the Snake River during the non irrigation season to recharge the groundwater. The study is being funded by 14 separate entities. Mr. Ferrell stated in the area between Mountain Home and Boise there is groundwater available, but the recharge of that groundwater is a concern. Mr. Taunton explained the study should be completed by December 2008. There are three options of where the water will come from, apply for new appropriations on the Snake River during the non-irrigation season, purchase senior Snake River water rights or exchange water through the Boise River Basin by pumping water into Lake Lowell in exchange for taking water out of the canal system. They believe there is also un-appropriated water from the Snake River during the summer season in certain areas. Discussion followed on the aspects of the study. Mr. Taunton stated they will keep the County informed on the study. The Commissioners thanked the group for coming.

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

Regular session resumed after lunch. Present were the three Commissioners, Civil Attorney Roats, Deputy Clerk Barbara Steele, Sheriff Rick Layher and Sergeant Laytreda Schultz. There is an excess of $64,000.00 in the vessel budget which consists of Parks and Recreation grant funds. To keep the funds Sgt. Schultz must submit to Parks and Recreation a proposal to spend the remaining funds. The proposal would consist of $21,000 for two personal water craft with one trailer, $20,000 to the Forest Service to support the dock project, and $20,000 for radio’s etc for the new truck for the Vessel Department. The excess would be for miscellaneous items such as gloves, hats, etc. She is requesting those funds for purchases. Motion by Cruser to accept the proposal as submitted by Sgt. Schultz, second by Rose.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser 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.

The following decisions were made:

K-01-08-03 Motion by Rose, second by Cruser, to continue the case to January 22, 2008.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-12-07-01 Motion by Cruser, second by Shaw, to deny as not emergent, not last resource, and applicant is not indigent at this time.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-12-07-05 Motion by Cruser, second by Rose, as the applicant phoned and stated she is an Ada County Resident.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

K-10-07-06 Motion by Cruser, second by Shaw, to dismiss the case as the only vendor to appeal the denial of November 26, 2007 withdrew the appeal. The applicant received Medicaid as of October 1, 2007.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session was resumed.

Tracy Lefever, E-911 Addressing, and Kayla Parsons, Dispatch Supervisor Sheriff’s Department, appeared before the Board with a Memorandum of Understanding (MOU) Between Elmore County 911 & All Elmore County User Agencies. The MOU must be approved and signed before any data/maps will be given to other departments. Discussion followed if a change was made to a map, then handed out to a citizen, the integrity of the base map would be compromised. Civil Attorney Roats will add stronger language to the portion of the MOU regarding any manipulation of the GIS Road Centerline Data. Ms. Parsons explained when dispatch will be moved to the new facility at the new Jail. On February 8, 2008, there will be an open house at the Elmore County Detention Center for the Elmore County Public Safety Answering Point Enhanced 911 Center.

Motion by Shaw, second by Cruser, 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.

K-01-08-03 was discussed. Motion by Cruser, second by Shaw, to approve the January rent request of $275.00 with a reimbursement order to begin in six months, the applicant must report all income and her son must continue to seek employment.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Regular session resumed.

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


Chairman Shaw read the Certificates of Residency into the record: Bradley Jacob Bowlden, Alexandria M. Dodge, Laura Ashley Fagan, Ismeal Orozco Hurtado, Ramona Erika Junger, Brandon Raymond Lopez, Stephen D. Martin (Fall 2007 & Spring 2008), Yesenia Ochoa, Jessica Marie Page (Fall 2007 and Spring 2008), Dulce Reyna Rea, Kevin Scott Shenk, Linley Morgan Smith, Elvis Tapia, Socorro Tapia, and Adolfo Efren Valle. Motion by Rose, second by Cruser, to approve the Certificates of Residency as read.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Cruser, second by Rose, to accept the recommendations to appoint Donna Healy and Monty White to the Elmore County Fair Board.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to raise the gas reimbursement to .50 per mile for Elmore County employees.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Correspondence received by mail was reviewed.

Discussion followed on the recent emergency moratorium adopted January 7, 2008 on granting permits for original lots of record and/or administrative lot splits. Motion by Shaw, second by Rose, to rescind Resolution 401-08 with Resolution No. 402-08.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Commissioner Rose read Resolution No 402-08 into the record:

RESOLUTION NO. 402-08

REPEALING THE RESOLUTION 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 ADOPTED ON JANUARY 7, 2008.

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 Ordinance 401-08 established a moratorium for a period of up to one hundred eighty-two (182) days wherein 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; and

The Elmore County Board of Commissioners has determined that Ordinance 99-3 provides for the level of county review the Board deems appropriate to review original lots of record, new lots of record, exemptions for large lots or parcels, and/or LOI development; specifically, the ordinances set out the county’s review process for applications for the creation of new lots of record as to who must review the requirements for lot frontage to depth ratio and deeded or direct access to highway district roads and the ordinance provides standards for the review of the requirements or to determine whether the stated exemptions exist and the ordinance provides guidance regarding whether to grant the application to create a new lot of record.

The Elmore County Board of Commissioners finds that such the repeal is in the best interest of 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 repeals Ordinance 401-08.

Approved as a Resolution of the Elmore County Board of Commissioners on the 14th day of January 2008.

ELMORE COUNTY COMMISSIONERS
LARRY E. ROSE, Commissioner
CONNIE CRUSER, Commissioner
ARLIE SHAW, Chairman
ATTEST: MARSA GRIMMETT, Clerk of the Court and the
Elmore County Board of Commissioners

Motion by Rose, second by Cruser, to approve Resolution No. 402-08.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Guy Burnham, 24300 Ditto Creek Road, Mountain Home, appeared before the Board and gave the Commissioners a handout titled: Agenda and question list for the IDWR (Idaho Department of Water Resources) meeting with the Elmore County Commissioners. Mr. Burnham reviewed the document with the Commissioners. Mr. Burnham also gave the Commissioners the Rules and Responsibilities for Engineers and reviewed the document with them. Discussion followed on water issues in Elmore County.

A short recess was taken.

Regular session resumed.

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

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

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

/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk