COMMISSIONERS MINUTES June
9, 2008
The Elmore County 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 Arlie Shaw, Commissioners Larry Rose and
Connie Cruser. Also present was Clerk Marsa Grimmett and Civil Attorney Richard
Roats.
Bonnie Sharp, Growth and Development Director, appeared before the Board to open
the Request for Qualifications for Planner and Economist for the Planned Unit
Communities, Planned Unit Developments and Planned Unit Development Districts.
There was one received for Planner from Mark Pechennino, and one for economist
from Johnson, Gardner LLC out of Portland. Chairman Shaw stated the application
from Mark Pechennino posed a problem because Mr. Pechennino is involved in most
of the Planned Communities with the Developers. Possibly expanding the area for
advertising was discussed. Ms. Sharp will coordinate with Clerk Grimmett on the
advertising expansion. Ms. Sharp stated Mr. Steiner, who is involved with the
wind towers, would like to know the process for appealing the fees the
Commissioners set on each wind tower. Discussion followed and Ms. Sharp will do
research on what Twin Falls County is charging. Civil Attorney Roats stated any
appeal time has expired at this point. Ms. Sharp also stated their temporary
buildings at the construction sites needed to have building permits and did not.
Michael & Elizabeth Blair, 1445 Lara Place, Mountain Home, Idaho, appeared
before the Board regarding a Homeowner’s Exemption. Mr. & Mrs. Blair purchased a
house in 2006 and never filed a Homeowner’s Exemption. The Blairs did sign a
document during the closing process on their house regarding the Homeowners
Exemption stating to contact the Assessor’s office after their closing. The
taxes on their house have increased due to their oversight and are asking the
Commissioners to reinstate the Homeowners Exemption for 2007 and 2008. The
Commissioners stated they could not. The Blair’s will file a hardship.
Commissioner Cruser asked Attorney Roats about the Request for Proposal on the
Ambulance. Attorney Roats asked Prosecutor Schindele last Monday and she replied
she would have it done.
Motion by Shaw, second by Rose, to recess to attend a meeting with officials
from Mountain Home Air Force Base at City Hall.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Motion by Shaw, second Cruser to approve the minutes for June 2, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser to approve the expenses in the amount of
$303,645.65.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the Ambulance District expenses in
the amount of $33,158.02. NW Paramedics $32,020.77, Pine Properties LLC $250.00,
Norco $230.70, Nitz Pine Store $296.55 & Lesia Knowlton $360.00.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to approve for the record only the Recorder’s
Office Report, Clerk’s Bail Bond Report and the Treasurer’s Office Report.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw to approve the payroll for May, 2008 in the
amount of $373,927.32.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Chairman Shaw read a Certificate of Residency into the record: Ruth C. Byrd.
Motion by Rose, second by Shaw, to approve the Certificate of Residency as read
and have the Chairman sign.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Matt from Stephenson Computers appeared and a short discussion followed on the
map from the E-911 Department being put on the County’s Website.
Wade Baumgardner, Veteran’s Service Officer, appeared to ask the Commissioners
to attend a lunch at the American Legion Hall on June 30, 2008 at 11:30 a.m. and
following lunch a short formal ceremony presenting the Commissioners with the
MIA/POW Flag to fly at the Courthouse.
Chairman Shaw stated on June 19th the Joint Land Use Matrix Study Group will be
here. A general meeting will be held at 9:00 a.m. More information will be
forthcoming.
Civil Attorney Roats will finish the Ordinance regarding the Mountain Home
Historical Society changing the number of members. The meeting will be
rescheduled with the City and Highway District regarding correcting the
apportionment.
Compensatory time and how much employees have accrued was reviewed from the
payroll report the Commissioners receive monthly.
Motion by Shaw, second by Cruser, to recess for lunch.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
At 1:30 the Commissioners met in Executive Session pursuant to I.C. 67-2345(d)
on a motion by
by Shaw, second by Cruser to meet with Social Services Director Marianne Bate.
Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The following decisions were made:
K-04-08-03 Motion by Rose, second by Shaw, to approve with a reimbursement order
of $10.00 per month.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
K-04-08-04 Motion by Rose, second by Shaw, to deny as not last resource and
incomplete documentation.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Still in Executive Session a hearing was held on K-12-07-01. Present at the
hearing were the three Commissioners, Social Services Director Marianne Bate,
Civil Attorney Richard Roats, the applicant and interpreter. Ms. Bate reviewed
the case while the interpreter relayed what Ms. Bate said to the applicant. The
applicant was asked questions and answered the questions through the
interpreter. The hearing was closed.
Regular session resumed.
Motion by Cruser, second by Shaw, to deny case K-12-07-01 as not emergent,
unable to determine necessity of treatment, unable to determine indigency and
not last resource.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
A small recess was taken.
At 4:00 p.m. a public hearing was held to receive testimony on an application
from Judith O’Dell and Rick Taylor for a Zoning District Amendment for five
parcels from Agricultural A to Commercial. The site is located in the NE4 of the
SW4, Section 30, Township 1 South, Range 5 East, B.M. A more common means of
locating this site is from Interstate 84, take the Simco Road/Exit 74 and
proceed north to Desert Wind Road. Turn right on Desert Wind Road and proceed
east three (3) miles. There are five parcels totaling approximately 68.6 acres.
One parcel, T-31, is north of Desert Wind Road at the west end of the Oasis
Airstrip. The other parcels are T-7, T-25, T-32 and NE4SW4 & Lot 3 and are south
of Desert Wind Road off of Snoopy Drive.
Judith O’Dell & Rick Taylor, 910 West Orchard, Nampa, Idaho, appeared before the
Commissioners. Mr. Taylor stated his business address is 1635 E Snoopy Drive,
Oasis, Idaho. Judith O’Dell reviewed the staff report from Planning and Zoning.
Land Use Goal 1 states that the Comprehensive Plan should provide for the
orderly growth and accompanying development within the County that is compatible
with a rural lifestyle. The staff report says the stated purpose of this Zone
change is compatible with a rural lifestyle. Land Use Goal 2 stated that the
Comprehensive Plan should achieve a land use balance, which recognizes the
existing agricultural uses and new residential development may occur in the same
community. The staff report states the proposed zone change would not affect the
balance between agricultural uses and new residential development. Land Use Goal
3 states that there should be a balanced approach to designate areas where rural
type residential development will likely occur and recognize areas where
agricultural development will likely occur. The staff report states agriculture
development is unlikely to occur on the property proposed for a zone change.
Land Use Goal 4 states that areas should be designated within appropriate
communities to stimulate recreation and tourism related developments and
services. The staff reports states the proposed RV Park would stimulate tourism
and would provide a service to the adjacent residential activities. Land Use
Goal 5 calls for coordination with federal and state land management and natural
management agencies to coordinate actions which will impact the state or
federally managed lands in Elmore County. The staff does not offer comment on
Land Use Goal 5, this statement does not apply to this request. Ms. O’Dell went
on to reference the relevant land use objectives per the Staff report. Ms.
O’Dell stated the only negative part of the staff report states that the
property is in the Cinder Cone Butte Critical Groundwater Management Area. The
proposed zone will not affect surface water per Jeff Harris at the Department of
Water Resources who stated in an email that Idaho Statute 42-111 allows 2,500
gallons of water per day for each business. Ms. O’Dell continued reviewing the
Objectives from the staff report with the Commissioners. The property in
question is and has been categorized as Rural Commercial by the County Assessor
since 1979. Ms. O’Dell is asking for the ability to use the entire property as
commercial since it is being described by the tax code as commercial.
Chairman Shaw asked a question regarding the billboards and what type of
advertising would they be used for. Mr. Taylor stated the billboards would be up
for lease for Elmore County businesses. Chairman Shaw asked about the projected
use for the RV Park and Mr. Taylor replied the use would be for the proposed
Northwest Motor Sports Race Track and other Interstate traffic as another RV
Park is closing in the Boise area. Mr. Taylor will also be donating a piece of
land for a fire station. The private air strip was discussed. Commissioner Rose
asked about a Conditional Use Permit opposed to a zoning change. Mr. Taylor
stated a convenience store cannot be located on Ag property and that is why they
are requesting a zoning change.
Bob Ruth, 19550 North Del Norte, Oasis, Idaho, appeared and stated he was
representing the Oasis Fire Department for the first part of his testimony. Mr.
Ruth stated the Fire Department is in favor of the rezone. Mr. Ruth also stated
the reader boards or billboards can also be used for emergencies also.
Mr. Ruth also read written testimony into the record:
As a resident of the Oasis Community and Soles Rest Creek I want to go on the
record as enthusiastically supporting what Mr. Taylor and Ms. O’Dell are
proposing here.
I am not entirely clear as to what was Growth and Development’s logic in denying
the rezone. I attended the meetings and it didn’t make sense to me. So I would
like to give you my thoughts on this and perhaps allow you to see things from a
resident’s perspective.
Yes, a few years ago we in the Soles Rest Community were against his proposal
for his wrecking yard along the highway called Desert Wind Road (old State
Highway 30). I was one of those in our community that was perhaps more vocal
than most. And were it to be proposed again it more than likely would meet the
same opposition. But after some negotiations our community and Mr. Taylor
reached a mutual agreement as to a new placement of his business or as he calls
it the “bug ranch”. It was a win-win situation. Mr. Taylor was able to proceed
with his business and it was not right on the highway. One has to try and notice
where it is now and it is in no way objectionable. In fact, it is almost out of
sight from the Desert Wind highway.
But this was not without a good deal of blood, sweat and probably some tears for
Mr. Taylor has had to put a great deal of work into his goal to relocate here in
Elmore County. He has had to comply with a number of requirements this county
has placed on him and he has met every one. His record of compliance has been
exemplary. To my knowledge he has never failed to do what has been required of
him. In fact, I feel he has gone above and beyond in many cases. Elmore County
Growth and Development and this body of Commissioners should be very supportive.
But I get the impression that there is a bit of bias here. We in the Oasis
Community identify a particular place which we prefer to call the Compound on
Tilli Road that has been in a sad state of disrepair for the 4 ½ years we have
lived here. Code enforcement has not done its job and the place is a disgrace.
Why do they let this happen yet focus on Mr. Taylor who has not given them any
such headaches.
Mr. Taylor’s and Ms. O’Dell’s request for this rezone is not asking for the
moon. I think they just ask for fair treatment. They would like to be able to
bring some commercial development into our community in the form of billboards
along I-84 (which we wouldn’t see much of), a RV Park and a C- (convenience)
store. I have spoken with many friends and neighbors and to my recollection no
one has voiced any objections to a c-store. Most would patronize it for it would
provide a great convenience. But to make it work he needs this rezone and
subsequent RV Park. He is not asking for a wrecking yard or a 100 lot
residential subdivision. Just a couple of good, clean businesses.
I spoke of the access road (Snoopy Drive) that would become an all-weather, year
round road that the fire department could use. If he can get this rezone this
would become a reality. Then would follow the other proposals.
But there seems to be a stumbling block at issue here. What constitutes a
“highway”? Desert Wind Road, a paved, 55 mph former STATE HIGHWAY 30, is the
only access in and out of our area. It is the highway to our community. To call
it something else is not accurate. It is a former state highway with a different
name only. If growth and development could see it as we see it I think they
would also call it a highway. Certainly more useful to us than the adjacent
stretch of I-84.
Let’s look at the land in question between these two highways. It is not really
conducive to quality residential development. Most people do not like living
that close to the freeway with its accompanying noise (which is just going to
get worse). Moreover, if it were residential, the water issue comes to the
forefront for with just 100 homes and minimal residential consumption we would
be looking at at least 250,000 gallons per day upwards to the maximum ALLOWABLE
OF 1.2 MILLION GALLONS! And many of these type of residential developments close
to interstates tend to deteriorate over time.
Mr. Taylor’s proposal is very environmentally friendly. I have listened to his
plans and they make a lot of sense. He has expressed many environmentally
progressive ideas which will in no way use the water that other residential or
commercial projects use. He has plans for grey water reclamation, capturing and
storage of roof water run-off for fire protection, xeriscape landscaping and
wind generation to name but a few. It would indeed be GREEN, the work that
people like to throw around these days to feel good about the environment. But
his developments would, in fact, be just that. His practices in his shop in the
“Bug Ranch” show that.
His impact on our community would be positive, not negative as some would like
you to believe. He would be generating tax revenues for the county, something
that I know you like to see. Oasis is a growing community and someday, perhaps,
will take on the characteristics of a small town. This area in question today is
the ideal starting point for commercial ventures which communities need to
thrive. Mr. Taylor and Ms. O’Dell would like to be pioneers in this effort.
Thank you for your attention.
Mr. Ruth asked if there were any questions and there were no questions.
Barbara Jameson, 1600 Bluff Street, Boise, Idaho, asked questions about the
rezoning. If the rezoning was approved, would the applicants still have to get
approval on construction, etc. Ms. Sharp replied that certain items within a
Commercial Zone require different permits. Ms. Jameson stated that if the land
can not be used for Ag purposes because of water rights being taken away, than
perhaps we need to adjust the land uses. Mr. Jameson stated she is in favor of a
C-Store, the positive fire fighting prospect along with having other businesses
in the area.
Kiley Turner, 416 E. 41st Street, Boise, Idaho, spoke about proposed billboards
that would be placed adjacent to I-84. Advertising for the proposed race track,
Fat City Fireworks, providing amber alerts and space for the County and City for
notification of emergencies would be the proposed uses.
Forrest Roberson, 4558 NE Lott Rd, Mountain Home, stated he owns dry grazing
land approximately one and a half miles from the proposed zoning change. He is
not opposed to Mr. Taylor developing but is opposed to the County giving him a
blank check for what he can develop. He is against spot zoning, more
particularly a bar serving alcohol and dancing. Mr. Roberson stated there is no
assurance that Mr. Taylor will go ahead with his plans for the future
businesses. He could sell the property after it is rezoned. Mr. Roberson has
been told Mr. Taylor will charge for the land for the fire station, but has also
heard Mr. Taylor was donating it to the Fire District. The traffic and berms on
Desert Wind Road were also an issue for Mr. Roberson.
Chairman Shaw called Mr. Taylor to rebut any testimony. Mr. Taylor stated to his
knowledge Mr. Roberson is the only person he has talked to that is opposed to a
C-Store and that Mr. Roberson has no intent on ever living on his property out
there. The berms that Mr. Roberson is talking about are confining the tank farm
that is being cleaned up and are set back 50 feet per Carl’s request. They are
on the opposite side of Mr. Roberson’s approach. Mr. Taylor stated Mr. Roberson
would like to develop his land and that would increase the traffic flow, and Mr.
Roberson has an alliance and agreement with the Red Baron estates. Mr. Taylor
stated he is being taxed as commercial for the 58 acres. Mr. Roberson wants an
easement from Mr. Taylor to widen his road which would be the front door to Red
Baron Estates and would give access to Mr. Roberson’s 200 acres and other tracts
of land in that area. Mr. Taylor feels that is not a good idea, this road has
been closed and is at the end of the runway. Definitions of Commercial were
reviewed by Mr. Taylor regarding land or building use. Having approximately 300
approved home sites in the area would eventually support the C-Store, along with
proposed development. Mr. Taylor stated Frontage Road usually means Commercial
businesses. In closing, Mr. Taylor stated that by supporting the Planning and
Zoning decision denying the request you are telling residents that Elmore County
does not support new business in the Oasis area.
Judith O’Dell again addressed the Board and referenced a map she submitted
showing the entrances to their property and the berms Mr. Roberson referenced.
Chairman Shaw closed the Public Hearing stating a decision will be made within
30 days.
Bonnie Sharp, Growth and Development Director, appeared before the Board and
stated she spoke with Twin Falls today and the charges for the wind towers were
$2,900 to $2,500 depending on how deep the foundations were.
Chuck Whipple, 1106 NW Beaman, Mountain Home, Idaho, came before the Board. Mr.
Whipple stated he received the notice of public hearing on the Clear Springs
Ranch Subdivision and had questions regarding testimony before the hearing.
Ralph Cole also asked questions regarding how the hearing will be structured.
Bonnie Sharp, Growth and Development Director stated she emailed the new Request
for qualifications to Clerk Grimmett for publication. The Commissioners agreed
that Boise, Salt Lake City and Oregon would be the best places to advertise.
Clerk Grimmett will do the advertising.
Motion by Shaw, second by Rose, to adjourn.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
/s/ ARLIE SHAW, Chairman
ATTEST: /s/ MARSA GRIMMETT, Clerk
