COMMISSIONERS MINUTES August
4, 2008
The Elmore County 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 Clerk Marsa Grimmett.
Motion by Rose, second by Cruser to approve the minutes for June 30, 2008 and
July 16, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Chairman Shaw read the Certificates of Residency into the record: Francis Ofelia
Raddatz, Adelia Joanne Loomis and Luke Loomis. Motion by Rose, second by Cruser,
to approve the Certificates of Residency as read.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw to approve the Findings of Facts, Conclusions of
Law on the Stan Scott Zoning Amendment request.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed. Chairman Shaw stated there was a
letter from Noe Garza, Code Enforcer, asking to use 12 days of sick leave to
help his family regarding an illness. The Commissioners approved the request as
it was an immediate family member. A request for a Proclamation regarding Family
Day was reviewed. Deputy Clerk Steele will be asked to type the Proclamation.
Motion by Shaw, second by Cruser, to open the public hearing on the Historic
Preservation Code Ordinance.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
No public appeared for the public hearing.
Motion by Shaw, second by Cruser, to accept and sign the Historic Preservation
Code Ordinance.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
ORDINANCE NO. 2008-4
AN ORDINANCE RESTATING AND AMENDING ORDINANCE 87-7 FOR THE COUNTY OF ELMORE, A
POLITICAL SUBDIVISION OF IDAHO, KNOWN AS "HISTORIC PRESERVATION CODE"; PROVIDING
DEFINITIONS; PROVIDING FOR AND AMENDING THE ESTABLISHMENT OF THE HISTORIC
PRESERVATION COMMISSION; PROVIDING FOR DUTIES AND FUNDING FOR THE SAID
COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
WHEREAS, Chapter 46 of Title 67 of the Idaho Code empowers counties to make
provisions for the identification and preservation of historic sites; and,
WHEREAS, The Elmore County Board of County Commissioners hereinafter referred to
as "Board", deems it in the best interest of the community to establish a
historic preservation ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD THAT THE HISTORIC PRESERVATION CODE,
OF THE ORDINANCES OF THE COUNTY OF ELMORE, WHICH SHALL READ AS FOLLOWS:
SECTION I: PURPOSE:
The purpose of this ordinance is to promote the educational, cultural, economic
and general welfare of the public of the County of Elmore through the
identification, evaluation, designation, and protection of those buildings,
sites, areas, structures, and objects which reflect significant elements of the
County's, the State's, and the Nation's historic, architectural, archaeological,
and cultural heritage.
SECTION II: DEFINITIONS:
The following words and phrases when used in this Ordinance shall have, unless
the context clearly indicates otherwise, the following meanings:
County: The County of Elmore.
County Commission: The Historic Preservation Commission of the County of Elmore.
Historic property: Any building, structure, area or site that is significant in
the history, architecture, archaeology or culture of this county, the state, or
the nation.
Historic preservation: The research, documentation, protection, restoration and
rehabilitation of buildings, structures, objects, districts, areas, and sites
significant in the history, architecture, archaeology or culture of this state,
its communities or the nation.
SECTION III: HISTORIC PRESERVATION COMMISSION:
(1) There is hereby created a Historic Preservation Commission which shall
consist of ten (10) members who shall be appointed by the Board.
(2) All members of the Commission shall have a demonstrated interest,
competence, or knowledge in history or historic preservation. The Board shall
endeavor to appoint at least two (2) members with professional training or
experience in the disciplines of architecture, history, architectural history,
urban planning, archaeology, engineering, law, or other historic preservation
related disciplines.
(3) Appointments to the Commission shall be made as follows: All appointments
shall be made for three (3)-year terms. Commission members may be reappointed to
serve additional terms. Vacancies shall be filled in the same manner as original
appointments and the appointee shall serve for the remainder of the unexpired
term.
(4) The members of the Commission may be reimbursed by the County for expenses
incurred in connection with their duties.
SECTION IV: ORGANIZATION, OFFICERS, ROLES, MEETINGS:
(1) The Commission shall have the power to make whatever rules are necessary for
the execution of its duties as set forth in this Ordinance. Rules of procedure
and bylaws adopted by the Commission shall be available for public inspection.
(2) The Commission shall elect officers from among the Commission members. The
chairman shall preside at meetings of the Commission. The vice chairman shall,
in the absence of the chairman, perform the duties of the chairman.
(3) All meetings of the Commission shall be open to the public, and follow the
requirements of Idaho's open meeting laws. The Commission shall keep minutes and
other appropriate written records of its resolutions, proceedings, and actions.
(4) The Commission may recommend to the Board, within the limits of its funding,
the employment of or the contracting with other parties for the services of
technical experts or other persons as it deems necessary to carry on the
functions of the Commission.
SECTION V: POWERS, DUTIES, AND RESPONSIBILITIES:
The Commission shall be advisory to the Board and shall be authorized to:
(1) Conduct a survey of local historic properties.
(2) Recommend the acquisition of fee and lesser interests in historic
properties, including adjacent or associated lands, by purchase, bequests, or
donation.
(3) Recommend methods and procedures necessary to preserve, restore, maintain
and operate historic properties under the ownership or control of the County.
(4) Recommend the lease, sale, other transfer or disposition of historic
properties subject to rights of public access and other covenants and in a
manner that will preserve the property.
(5) Contract, with the approval of the Board, with the state or federal
government, or any agency of either, or with any other organization.
(6) Cooperate with the federal, state, and local governments in the pursuance of
the objectives of historic preservation.
(7) Make recommendations in the planning processes undertaken by the county, the
city, the state, or the federal government and the agencies of these entities.
(8) Recommend ordinances and otherwise provide information for the purposes of
historic preservation in the County.
(9) Promote and conduct an educational and interpretive program on historic
preservation and historic properties in the County.
(10) Commission members, employees or agents of the Commission may enter private
property, buildings, or structures in the performance of its official duties
only with the express consent of the owner or occupant thereof.
(11) Review nominations of properties to the National Register of Historic
Places for properties within the County's jurisdiction.
SECTION VI: SPECIAL RESTRICTIONS:
Under the provisions of Idaho Code §67-4612, the County of Elmore may provide by
ordinances, special conditions or restrictions for the protection, enhancement
and preservation of historic properties.
SECTION VII: SEVERABILITY:
If any section, subsection, sentence, clause or phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the
remaining portions hereof.
SECTION VIII: EFFECTIVE DATE:
Effective Date. This ordinance shall be effective upon its passage and
publication as provided by law. Dated the 4th of August, 2008.
ELMORE COUNTY COMMISSIONERS
/s/ ARLIE SHAW, Chairman
/s/ CONNIE CRUSER, Commissioner
/s/ LARRY E. ROSE, Commissioner
ATTEST: /s/ MARSA GRIMMETT, Clerk of the Court and the
Elmore County Board of Commissioners
Motion by Shaw, second by Rose, to close the public hearing on the Historic
Preservation Code Ordinance.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Teri Lasuen, Chief Deputy, Treasurer’s Office, appeared and reported a request
had been made to change a Wells Fargo County Account to online banking that will
delay the Treasurer’s office report being submitted to the Commissioners. The
online banking request has been reversed.
Fred Perez, Idaho Waste Systems, Inc., appeared before the Board to discuss
current activities with the Glenns Ferry Landfill and the proposed transfer
station. Bids for the building were reviewed. The Site Certification was
discussed.
Bonnie Sharp, Growth and Development Director, appeared before the Board to ask
them about the procedure for refunding a portion of a building permit fee to the
Bennett Creek Farms. Ms. Sharp had a voucher prepared and the refund will come
out of General Expense.
Sheriff Rick Layher, Lynn McCallum, Jail Captain, and Laytreda Schultz,
Sheriff’s Deputy, appeared before the Board. Sheriff Layher stated he would
visit with Ms. Sharp, Growth and Development Director, to discuss a form that
needs to be filled out regarding assigning new addresses. The budget for the
Sheriff’s office was discussed. Two new employees for the Sheriff’s office will
be approved. The revenue to the Justice Fund needs to be increased by having
more inmates housed in the Elmore County Jail. The Vessel Budget was discussed.
The proposed resolution regarding vacation accrual was discussed. The Three
Island Crossing was briefly discussed.
Motion to recess for lunch by Rose, 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) on a motion by Shaw, second by Rose to meet with Social Service
Director Marianne Bate. Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.
The following actions were taken:
K-06-08-05 Motion by Shaw, second by Cruser, to deny as not last resource,
incomplete information, failed to cooperate with the County.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-06-08-06 Motion by Shaw, second by Cruser, to approve with a reimbursement
order of $75.00 per month and 5% of yearly income tax returns.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Prosecutor Schindele appeared with the answers to the Ambulance Request for
Proposal. The Rick Taylor amended Findings of Facts were submitted to the
Commissioners. The City of Area Impact Ordinances regarding the map and
regulations were also submitted to the Commissioners. The public hearing was set
for September 8, 2008 at 6:00 p.m on the City of Area of Impact Ordinances.
Rosa Pratt from the Family Advocate Program appeared and introduced Nichole
Sirak, Executive Director of the Family Advocate Program. Ms. Sirak thanked the
Commissioners for their support of the program and gave a brief update of what
the Program offers.
Motion to pay the bill for traffic cones by Shaw, second by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion to pay the bill for a chair in dispatch by Shaw, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Crellin Scott, Atlanta Gold Corporation, Environmental Manager, 2417 Bank Drive,
Suite 101, Boise, ID 83705, came before the Board to give them an update on the
Atlanta Gold Mine. The mining project will now be underground to be more
environmentally friendly. Mr. Scott reviewed on a map where the mining will take
place. Bonding for water contamination was discussed. Mr. Crellin asked that the
Commissioners conform with Forest Service requirements for this project. Mr.
Crellin stated the Company is leasing the Beaver Lodge for their employees.
Chairman Shaw asked what roads will be used to access the mine. Mr. Crellin
stated they have old Forest Service Road agreements, they are presently using
the Middle Fork Route primarily in the winter, Phifer Creek and James Creek. Mr.
Crellin showed the Commissioners a slide show of the progress being made in the
area. Commissioner Cruser voiced her concern regarding safety and that the
status of the Atlanta Quick Response Unit was being researched. Mr. Crellin
stated they have an ambulance to transport any injured people to a landing pad
for life flight.
Dan Weitz, Developer, came before the Board to get clarification on County
ordinances. The Airport Hazard Zone was discussed.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(d). Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of Executive Session.
Motion to adjourn by Shaw, second by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
