COMMISSIONERS MINUTES                                July 7, 2008

COMMISSIONERS MINUTES JULY 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.

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.

Fred Perez from Idaho Waste Systems, Inc. appeared before the Board to discuss the Glenns Ferry Transfer Station. Mr. Perez stated he had the land surveyed. Bids were discussed on the building for the transfer station.

Ron Leydet, Mountain Home Citizen, spoke to the Commissioners about groundwater issues. The Commissioners told Mr. Leydet that the Department of Water Resources won’t come and talk about groundwater issues in a public forum.

Kari Vogt from Northwest Paramedics appeared and asked if the monthly contract payment from the Ambulance District could be paid today. The Commissioners stated yes.

Matt from Stephenson Computers asked the Commissioners if he could purchase a plotter for the Growth and Development Department. The E-911 Department has one that could be shared. Both Departments will be asked to come to meet with the Commissioners to discuss the Plotter.

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

Motion by Rose, second by Shaw, on RPA00830003001CA, Lot 1 and Lot 3, to approve the Assessor’s Office new value of 286,837.00, John Walter. Mr. Walter let the Assessor’s office into his home for an appraisal. The assessment notice stated $297,638.00 resulting in a reduction of $10,801.00.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, on RP01N04E343750A , Rhonda Morton, to uphold the Assessor’s Office assessment due to the investigation of similar assessed properties by the Assessor’s office.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regarding the appeal from Elk Valley Ranch, Inc. no decision will be made until later in the day. No lease has been received at this time for agriculture use of the property.

Regarding the appeal from A&R Properties, LLC, motion by Shaw, second by Rose, to uphold the assessment of the Assessor’s Office on MHTR0000453700A, MHTR0000467300A, MHTR0000473500A, MHTR0000480300A and MHTR0000480800A, as the County does not use the NADA Guide to value manufactured homes.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regarding the appeal from A&R Properties, LLC, motion by Shaw, second by Rose, to accept the Assessor’s office amended values on MHTR0000473200A from $14,363 to $13,055, MHTR0000493900A from $22,327 to $20,080 and MHTR0000494000A from $19,296 to $15,866 and uphold the Assessor’s Office assessment on MHTR0000499400A, MHTR0000499500A and MHTR0000501800A.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

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

Treasurer Rose Plympton, Deputy Clerk Trecia McCain and Deputy Clerk Barbara Steele appeared to discuss the payment from the Ambulance District’s account to pay Northwest Paramedics early. The tax apportionment will have to be distributed to the Ambulance District early and Treasurer Plympton is concerned we are setting a precedence. The Commissioners authorized Treasurer Plympton to release the funds to the District.

Sergeant Laytreda Schulz, Sheriff’s Office, Sheriff Rick Layher, and Chief Deputy Nick Schilz, Sheriff’s Office, appeared and asked about the status of the bridge jumping ordinance. Discussion followed and Chairman Shaw asked Civil Attorney Roats to research the issue. Discussion followed on a building/facility for the Sheriff’s Department in the Pine/Featherville area. The Forest Service has a building but it needs to be moved off of Forest Service Property. Property needs to be found for placement of the building, as the building needs to be moved by this fall. Possibly constructing a new building would be a better solution, to include the ambulance and extrication. Also an ATV Ordinance was discussed. Sheriff Layher asked the Board to think about areas of concern regarding an ATV Ordinance.

General discussion followed. A letter was signed reflecting the mileage reimbursement increase to .58 per mile for County employees using personal vehicles. Correspondence received by mail was reviewed. Chairman Shaw asked Civil Attorney Roats to talk to Prosecutor Schindele about the Area of Impact Ordinances so a public hearing can be scheduled. A citizen was upset about diagonal parking on City streets and stated she was told the County was responsible. Chairman Shaw stated the County is not involved with parking on City streets. Tom Rist, Mayor of Mountain Home, was phoned and a message was left to have him phone the Commissioners back.

The Commissioners spoke by phone to a representative from the Bureau of Land Management (BLM) regarding any property available in the Pine/Featherville area for a Sheriff’s Sub Station. The representative stated a meeting would be set up with the Commissioners within the next few weeks to discuss the issue. Also the boundary of the Glenns Ferry Landfill was discussed, possibly purchasing some land from BLM for a buffer.

Mayor Tom Rist phoned and the Commissioners talked with him about the letter they received regarding parking from a citizen who lives at 395 East 2nd Street in Mountain Home. Mayor Rist reviewed what areas were changed to diagonal parking and reassured the Commissioners that the City never stated the County Commissioners had requested any changes. Chairman Shaw thanked the Mayor for the City paving the alley behind the Courthouse.

Nancy Marshall, Mountain Home Historical Museum, appeared and reported there are three new members on their Board: Barb Thompson, Barb Fogelman and Albert Clement. Albert and Barb appeared with Ms. Marshall. Ms. Marshall explained the museum has received their 5013C status which allows them to apply for more grants. Ms. Marshall explained all the programs they have and are working on. Ms. Marshall is asking for $5,000 for fiscal year 2009. The Commissioners stated they would consider the request.

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

At 1:30 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) to meet with Social Services Director Marianne Bate on a motion by Shaw, second by Rose. Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The following decisions were made:

K-06-08-04 Motion by Shaw, second by Rose, to approve with a reimbursement order of $50.00 per month and 50% of yearly income tax refunds.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-05-08-06 Motion by Rose, second by Shaw, to deny as documentation is incomplete.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing of reconsideration was held on K-03-08-02. Present at the hearing were the three Commissioners, Civil Attorney Roats, Social Services Director Marianne Bate, Steven Pitts, Attorney for St. Alphonsus Regional Medical Center, Rayven Wilkerson, representing St. Alphonsus Regional Medical Center, Clerk Marsa Grimmett, and the applicant. Ms. Bate gave an overview of the case. The applicant explained her medical condition. Mr. Pitts is asking for a continuation on this case as it is currently being appealed to Workers Compensation. Also an insurance claim has been filed regarding the accident. Motion by Rose, second by Cruser, to continue the hearing on K-03-08-02 to November 17, 2008 at 2:00 p.m.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-02-08-04. Present at the hearing were the three Commissioners, Civil Attorney Richard Roats, Social Services Director Marianne Bate, Clerk Marsa Grimmett, Rayven Wilkerson, representing St. Alphonsus Regional Medical Center, and the applicant. Ms. Bate gave an overview of the case. The applicant was asked questions by the Board regarding money received in the amount of $20,000 and the applicant stated she is living off those funds as she is not working.

Motion by Cruser, second by Shaw, to issue a final denial as not emergent and not indigent.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion to a set public hearing for the Historic Preservation Code Ordinance on August 4, 2008 at 9:00 a.m. by Shaw, second by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Prosecutor Schindele appeared and discussion followed on the Area of Impact Ordinances and what is needed. Prosecutor Schindele will work on the Ordinances.

A Public Hearing was held at the hour of 4:00 p.m. in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho to receive testimony on an application from Stan Scott for a Zoning District Amendment for approximately 268 acres from Light Industrial Zone to Commercial Zone. Site is located in Township 3 South, Range 6 East, Section 27, Northwest ¼ Northwest ¼ lying North of the Mountain Home Air Force Base Railroad Right of Way, and Township 3 South, Range 6 East, Section 28, Northeast ¼, Northeast ¼ and the Southeast ¼ Northeast ¼ and the Southwest ¼ Northeast ¼ all lying North of the Mountain Home Air Force Base Railroad Right of Way, Section 28, Northwest ¼ and the Northwest ¼ Northeast ¼, B.M. A more common means of locating this site is proceed west on Airbase Road, head North for ¾ of a mile on Bypass Road, the property is approximately ¼ mile from the road on the right side. The Elmore County Planning and Zoning Commission considered the application and made a recommendation that the Board DENY said application for a zoning amendment.

Stan Scott, 4591 NE Scott Lane, Mountain Home, Idaho, appeared and wants to withdraw that portion of the property in the re-zone request that is in the Area of Impact. The Commissioners stated the process would have to start again with the Growth and Development Department. Discussion followed and Mr. Scott decided that the hearing should proceed for all the property on the original rezone request. Mr. Scott stated he would like to have the property rezoned from Light Industrial to Commercial because in the last 20 years there has not been much industry in the town and that is why he is requesting to rezone to Commercial. Commissioner Cruser asked what Mr. Scott had in mind for the property and he replied it would be more appealing to his clients, for example one client wanted to put in a shopping center and possibly housing adjacent to the shopping center. Commissioner Rose clarified events with Mr. Scott that happened at the Planning and Zoning meeting.

Cindi Atwood, 2290 Verbena Drive, Meridian, Idaho, spoke in favor of the rezone request. The property was just zoned light industrial approximately 10 years ago. Commissioner Rose stated the property was Ag before the rezoning to Light Industrial in 1994. Property zoned Light Industrial does not allow residential, but Commercial does. Commissioner Rose stated the intent to keep Light Industrial and Residential separate was for noise issues, for example by airports, etc. but is not sure why residential was included in Commercial. Growth and Development Director Bonnie Sharp stated if someone wanted to live in the building that was also their business is the reason why Residential is allowed in Commercial.

Don Miller, 1175 NW Bluegrass Circle, Mountain Home, Idaho, spoke in favor of the rezone request. Mr. Miller stated he owns property in the area of the request. Mr. Miller stated when the rezoning took place there was no notification to the property owners when that happened. Mr. Miller stated residential zoning around airports doesn’t seem to impact other Cities. Light Industrial will not benefit the County or the land owners in that area. Mr. Miller stated years ago in an office that he worked in, there was a map on the wall where the City had platted streets in the area of the old dump, then for some reason the City changed their minds.

Bonnie Harper, Mountain Home City Planner, spoke in opposition to Mr. Scott’s re-zone request. The opposition from the City is that residential is allowed in a commercial zone. Ms. Harper referred to a letter that was handed in at the Planning and Zoning public hearing stating “a portion of this site is located in the City’s existing Area of Impact and is zoned Light Industrial. In the City’s efforts to look at long range plans of growth and commercial development we foresee an increased number of light industrial uses in this area. We feel that the possibility of increased noise from these businesses as well as heavy traffic would make this area unsuitable for residential development. Furthermore, this site is adjacent to the Municipal Airport and is not only in the airport hazard zone but in the glide path of the airport runway and we are concerned that residential uses would be in conflict with the airport and critical flight path patterns which generate overhead noise and we anticipate that as the City of Mountain Home and Elmore County grow the potential for increase air traffic, as well as an increased demand for airport service, would have a huge impact on potential residents in this project area.” Commissioner Rose asked if the City allows residential in their Commercial zone and Ms. Harper stated yes, they are not separate at this time. Ms. Harper is working on changing those requirements in the City.

Stan Scott appeared to rebut any testimony given. Mr. Scott stated he had enough water and that the sewer line was constructed accordingly to accommodate any future expansions. Mr. Scott stated he was told that any time he needed to get something put in the City limits it would not be a problem.

Commissioner Rose asked if Commercial can be put in Light Industrial areas with a conditional use permit. Growth and Development Director Bonnie Sharp stated yes, there are probably some activities that could be allowed and vise versa. Ms. Sharp stated the FAA had not been contacted regarding the zoning change request. Commissioner Shaw stated in his opinion it would have been important to check with the FAA on this request.

The public hearing was closed.

Bonnie Sharp, Growth and Development Director, and Beth Westerwelle, Growth and Development Department, appeared before the Commissioners. Ms. Westerwelle provided the Commissioners with the information on the Oasis airstrip they had requested earlier in the day. The Commissioners requested a map of the area. The ARK Properties Letter of Information (LOI) was discussed. Ms. Sharp reviewed the LOI with the Commissioners. Ms. Sharp stated the LOI would be put on the Commissioners agenda for next week as the Commissioners did not receive any documentation from her Department.

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

Assessor Jo Gridley appeared and the Elk Valley Ranch, Inc. property assessment appeal from David R. Mickelsen was discussed. A lease agreement for grazing livestock on the property was received by the Assessor’s Office between Mr. Mickelsen and Mr. Faulkner. Motion by Shaw, second by Cruser, to accept the Assessor’s Office amended value of $208,831 on parcel number RP002490010140A.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The Board adjourned as a Board of Equalization and reconvened and a Board of Commissioners.

John Root, Tipanuk Fire District, appeared before the Board to ask questions about the taxing district. Merging the Tipanuk Fire District and the Oasis Fire District was discussed. Revenue generated from the Tipanuk Fire District will not support a volunteer fire department in that area.

Karla Post, Century 21 Real Estate Agent, and Reyes Lopez, Developer, appeared before the Board. Ms. Post gave the Commissioners an aerial map of land that will be available for sale adjacent to the County Jail. Mr. Reyes wanted the County to be aware of the land as it could possibly be used for a new Courthouse, etc.

Clerk Grimmett stated the transmission is out on the misdemeanor probation vehicle and will cost approximately $1,500.00 to repair.

The proposed 2009 budget was discussed.

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

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