COMMISSIONERS MINUTES                                February 17, 2009


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 Larry Rose and Commissioners Arlie Shaw and Connie Cruser. Also present was Deputy Clerk Barbara Steele.

Greg Maurer, Administrator, and Tricia Senger, Chief Financial Officer representing Elmore Medical Center, appeared before the Board to review the ambulance budget, expenditures, and to discuss the transition of the Ambulance Service from Northwest Paramedic Associates to Elmore Medical Center. Billing, ordering supplies and hiring staff was discussed. A building in Glenns Ferry for an ambulance shed and emergency vehicles was discussed. Mr. Maurer excused himself from the meeting. Quarters for ambulance employees at the hospital were discussed. The Commissioners thanked Ms. Senger for appearing.

Tom Ducharme, Allen Kiester, and Monte MacConnell, E-911 Board members, Traci Lefever, 911 Coordinator, Bonnie Sharp and Myron Adamson, Growth and Development Department, appeared to discuss enforcing posting house numbers for emergency vehicle response. Revising the current Ordinance regarding street naming was discussed along with the appeal process. Having house numbers posted on houses and the importance to emergency responders was discussed. Mr. Kiester asked Mr. Adamson if the building department had any procedures in place regarding enforcement of house numbers. Mr. Adamson stated recently a procedure had been enacted that before an occupancy permit is issued, house numbers must be on the house. Several options were discussed on how to enforce property owners to post house numbers on their residence or by their driveway next to the road.

Erin Rudd and Larraine Clayton, Americorps Vista, appeared and gave a presentation on child care and day care regulations. Ms. Rudd gave the Commissioners county demographics on children under the age of 5. Ms. Rudd gave the Commissioners a State of Idaho County Wide Community Assessment questionnaire. Discussion followed regarding critical needs for young children and their families in the County. The Board thanked Ms. Rudd and Ms. Clayton for appearing and giving the presentation.

Motion by Rose, second by Shaw, to approve the minutes for February 9, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the Certificates of Residency into the record: Sara Elizabeth Corbus, Kelsey L. Day, Kelsie Marie Hopkins, Dannan Nicole Krabbenhoft, Amanda Jane Osborn, Jennica Noel Quintal, Shelby Nicole Stevens, Michael Lee Stirewalt II, Travis William Stowell, and Caytlin Laura Wickard. Motion by Rose, second by Shaw, to approve the Certificates of Residency as read.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to recess for lunch.
ROSE - AYE
SHAW - 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 Rose second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-03-08-02 Motion by Rose, second by Shaw, to deny. The hospital withdrew its appeal and worker’s compensation paid the last claim.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

K-10-08-06 Motion by Rose, second by Cruser, to deny. The providers agreed that the applicant is not indigent; all of their appeals were withdrawn.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Teri Lasuen, Chief Deputy Treasurer’s Office, came before the Board and asked if the Commissioners would consider canceling a portion of the taxes on property owned by Lake Cascade in the Pine/Featherville area due to the levy that broke on the river, changing the course of the river, which is flooding the property. Discussion followed and Assessor Jo Gridley was phoned and asked to join the meeting. Ms. Gridley appeared and discussion followed regarding the assessment of the property for tax years 2005 and 2006. Ms. Lasuen will fill out a tax cancellation.

Prosecutor Kristina Schindele joined the meeting.

Chairman Rose phoned Tom Hiler, Hiler Brothers, regarding an email received regarding the government ethanol subsidy. Diesel fuel was discussed. Mr. Hiler will set up a tank in the Pine/Featherville Area for diesel.

Chairman Rose read a tax cancellation into the record: No. 976-Lake Cascade c/o John Pierce-1st & 2nd half of 2005 $161.56 and 1st & 2nd half of 2006 $122.86. Motion by Rose, second by Shaw, to approve the tax cancellation as read totaling $284.42.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The Commissioners briefly discussed the petition and public hearing on the Tipanuk Fire Protection District. Prosecutor Schindele will prepare the Findings of Facts on the public hearing.

At 3:30 p.m. Chairman Rose called the public hearing to order on two proposed ordinances. An Ordinance amending the Elmore County Zoning Ordinance – Changing the current land use designation from agricultural A (Ag A) to Light Industrial (M1) for certain property located near Waste Site Drive, approximately 320 acres located in the West ½ of Section 12, Township 2 South, Range 4 East, B.M. A more common means of locating this site from the intersection of the railroad tracks and Simco Road proceed South on Simco Road approximately 1 mile to NW Waste Site Dr. Turn east on NW Waste Site Dr. for approximately 1 mile. The property is located on the South side.

And an Ordinance amending the Elmore County Zoning Ordinance – Changing the current land use designation from agricultural A (Ag A) to light industrial (M1) for certain property located near Harper Road and hereinafter specifically described as approximately 320 acres located in the West ½ Section 22, Township 2 South, Range 4 East, B.M. A more common means of locating this site is from the intersection of the railroad tracks and Simco Road, proceed South on Simco Road approximately 3 miles to Harper Rd. Turn West on Harper Road for approximately ½ mile. The property is located on the North side.

Bonnie Sharp, Growth and Development Director, testified that Ramco has not paid an invoice from her office regarding public hearing fees. Prosecutor Schindele stated that has no bearing on the ordinances before the Board.

No other testimony was heard.

Chairman Rose closed the hearing.

Motion by Rose, second by Cruser, to approve Ordinance 2009-1 and Ordinance 2009-2, as read by title only by Chairman Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

ORDINANCE 2009-1

AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE – CHANGING THE CURRENT LAND USE DESIGNATION FROM AGRICULTURAL A (Ag A) TO LIGHT INDUSTRIAL (M1)FOR CERTAIN PROPERTY LOCATED NEAR WASTE SITE DRIVE AND HEREINAFTER SPECIFICALLY DESCRIBED

WHEREAS, Title 67, Chapter 65 of the Idaho Code and Article 12, Section 2 of the Idaho Constitution provide authority for Elmore County to adopt land use and regulation ordinances to protect the health, safety, and welfare of their citizens; and

WHEREAS, the Board of Commissioners of Elmore County passed the Comprehensive Growth and Development Plan in 2004 and the Zoning and Development Ordinance in 1994 with subsequent amendments; and
WHEREAS, the Planning and Zoning Commission and Board of Commissioners of Elmore County has determined that construction with adequate regulation is desirable and necessary for the full economic development of the county while protecting property and life; and
WHEREAS, on November 3, 2008 (written Findings of Fact, Conclusions of Law and Order issued November 10, 2008), the Board approved a request by Ramco Designs, LLC to change the zoning classification on certain real property, as hereinafter described, from Agricultural A to Light Industrial, subject to the Board’s obligation to enact an ordinance in compliance with Elmore Co. Ord. 94-1, art. XXII-1, § G.22-1 and I.C. § 67-6509; and
WHEREAS, the property is more specifically described as:

The West ½ of Section 12, Township 2 South, Range 4 East, Boise Meridian.

WHEREAS, a public hearing was held on February 17, 2009, before the Board to take public testimony on the proposed ordinance amendment; and
WHEREAS, notice of the public hearing was published in the Mountain Home News on January 28, 2009, and February 4, 2009; and
WHEREAS, following the public hearing held on February 17, 2009, the Board concluded that the proposed zoning classification amendment was in accordance with the comprehensive plan and served the public necessity, convenience, general welfare and/or good zoning practices; and
WHEREAS, the Board voted to approve the zoning classification amendment.

BE IT ORDAINED AND HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED:

The property at issue is described as follows:

The West ½ of Section 12, Township 2 South, Range 4 East, Boise Meridian.

The above-described property hereby shall be and is amended from a zoning classification of Agricultural A to a zoning classification of Light Industrial.

This Ordinance shall be in full force and effect from and after its passage, approval, and publication.

DATED this17th day of February 2009.

LARRY ROSE, Chairperson
CONNIE CRUSER, Commissioner
ARLIE SHAW, Commissioner
ATTEST: MARSA GRIMMETT
Clerk of the Board of County Commissioners


ORDINANCE 2009-2

AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE – CHANGING THE CURRENT LAND USE DESIGNATION FROM AGRICULTURAL A (Ag A) TO LIGHT INDUSTRIAL (M1)FOR CERTAIN PROPERTY LOCATED NEAR HARPER ROAD AND HEREINAFTER SPECIFICALLY DESCRIBED

WHEREAS, Title 67, Chapter 65 of the Idaho Code and Article 12, Section 2 of the Idaho Constitution provide authority for Elmore County to adopt land use and regulation ordinances to protect the health, safety, and welfare of their citizens; and
WHEREAS, the Board of Commissioners of Elmore County passed the Comprehensive Growth and Development Plan in 2004 and the Zoning and Development Ordinance in 1994 with subsequent amendments; and
WHEREAS, the Planning and Zoning Commission and Board of Commissioners of Elmore County has determined that construction with adequate regulation is desirable and necessary for the full economic development of the county while protecting property and life; and
WHEREAS, on November 3, 2008 (written Findings of Fact, Conclusions of Law and Order issued November 10, 2008), the Board approved a request by Ramco Designs, LLC to change the zoning classification on certain real property, as hereinafter described, from Agricultural A to Light Industrial, subject to the Board’s obligation to enact an ordinance in compliance with Elmore Co. Ord. 94-1, art. XXII-1, § G.22-1 and I.C. § 67-6509; and
WHEREAS, the property is more specifically described as:

The West ½ of Section 22, Township 2 South, Range 4 East, Boise Meridian.

WHEREAS, a public hearing was held on February 17, 2009, before the Board to take public testimony on the proposed ordinance amendment; and
WHEREAS, notice of the public hearing was published in the Mountain Home News on January 28, 2009, and February 4, 2009; and
WHEREAS, following the public hearing held on February 17, 2009, the Board concluded that the proposed zoning classification amendment was in accordance with the comprehensive plan and served the public necessity, convenience, general welfare and/or good zoning practices; and
WHEREAS, the Board voted to approve the zoning classification amendment.

BE IT ORDAINED AND HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED:

The property at issue is described as follows:
The West ½ of Section 22, Township 2 South, Range 4 East, Boise Meridian.

The above-described property hereby shall be and is amended from a zoning classification of Agricultural A to a zoning classification of Light Industrial.
This Ordinance shall be in full force and effect from and after its passage, approval, and publication.

DATED this 17th day of February 2009.

ARLIE SHAW, Chairperson
CONNIE CRUSER, Commissioner
LARRY ROSE, Commissioner
ATTEST: MARSA GRIMMETT
Clerk of the Board of County Commissioners

Motion by Rose, second by Shaw, to sign the Memorandum of Understanding (MOU) between Elmore County and Alternate Energy Holdings, Inc. (AEHI). The Memorandum is intended to document the parties’ understanding of, and agreement to identify, the extra fees associated with the processing of AEHI’s application for a zoning change for which AEHI will accept responsibility and pay.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

At 4:00 p.m. a public hearing was held to hear testimony on an appeal from Rick Taylor and Judith O’Dell of a Planning and Zoning Decision to deny a revision of an application for an amended Conditional Use Permit to operate a Wrecking Yard. The requested amendment would add approximately 35 acres to the “Bug Ranch” Automotive Recycling/Wrecking Yard/Junk Yard in an Agricultural A Zone. The site is located in Section 30, Township 1 South, Range 5 East, B.M. A more common means of locating this site is from Simco Road, Exit 74 off of I-84, turn North and proceed to Desert Wind Road, turn East and proceed 3 miles to E. Snoopy Drive.

Marcus Ward, Attorney in Caldwell Idaho, representing Rick Taylor and Judith O’Dell. Mr. Ward submitted an Appellants Memorandum for the record which he reviewed with the Commissioners. Mr. Ward stated the Planning Commission can’t just make an arbitrary conclusion, they need to state facts that support that conclusion. In this situation the conditional use permit was issued to his clients a few years ago with the same facts and was approved. The decision by the Planning and Zoning Commission was appealed to the Commissioners and was upheld. Other uses in the general facility include the Landfill, Pacific Recyling and an airstrip. The property has been taxed as Commercial property since 1979. Mr. Ward stated his clients applied for a zoning change to the property which was denied. Mr. Ward stated it was more of a recycling facility than a junk yard. Mr. Ward stated this was a good use, taxes are being paid at a commercial rate and the findings of the planning and zoning staff were in favor of approving the application. The Planning and Zoning Commission made a different finding with no basis to their decision. Mr. Ward stated he would have a rebuttal after testimony was received.

Chairman Rose stated a staff report from the Growth and Development Department would be next.
Robert Knight, Growth and Development Department, appeared and gave a brief staff report. On September 3rd a public hearing was held to amend a Conditional Use Permit for the expansion of an Automotive Recycling/Wrecking Yard/Junk Yard in an Agricultural A Zone. The Planning and Zoning Commission Members voted that the nine standard had not been met, particularly #3 and #4. The Planning and Zoning Commission Members stated that in order to meet standards #3 and #4 the applicants would need to reduce the total number of acres involved in the expansion and design a fence structure that would screen the operation from nearby rural residential uses. Rick Taylor and Judith O’Dell subsequently returned with a proposal to reduce the number of acres in their application from 65.4 acres to 35 acres. The expansion will be set back from Desert Wind Road. The applicants are proposing a fence design that will screen the operation from the neighboring uses. They are also proposing that the expansion will be accomplished in phases. The intended use for this expansion are an Auto yard, a recycling area, and an impound yard. The “Bug Ranch” has operated as an automotive repair and restoration business with an inventory classified under the definition wrecking yard. The original Conditional Use Permit became effective on the 4th day of March, 2006. There were eleven (11) additional conditions put on Mr. Taylor’s original CUP and he has complied substantially with those conditions as is economically feasible. Eric Traynor at Idaho DEQ said that Mr. Taylor has been cooperative and innovative in solving many of the problems left on the property by the former owners. Mr. Traynor said that Mr. Taylor had been effective in his clean up efforts and that there is a lower probability of environmental damage to the area as a result of his efforts. He also maintained that there is no sign of any ground water contamination coming from the property. Commissioner Shaw asked about the zoning of the property, Mr. Knight replied it is zoned as Ag A. It is being taxed by use as commercial.

Teresa Fridrich, Nampa, Idaho, read testimony into the record from Frank Hennis, Cottage Grove, Oregon: Thank you for allowing me to express my support for the expansion of “The Bug Ranch”. I own property adjacent to Rick’s and as a native Idahoan, I believe fully in Idaho’s protected “Private Property Rights”. It is my understanding that we both believed that the land in this area was zoned Ag/Commercial when we purchased the properties. The owners of the Bug Ranch have attempted to get a CUP for expansion several times in the past to no avail. At the latest P&Z hearing, not a single person spoke against granting the CUP. Mr. Ruth spoke in favor because of the “help it will bring to the Oasis Volunteer Fire Department”, yet the P&Z Commissioners chose to deny the owners their right to the full economic use of their property without telling them what they could do to gain the CUP. This is, in my understanding, a direct violation of Idaho’s Private Property Rights laws which are fully explained in the “Idaho Regulatory Takings Act Guidelines” from the Office of the Attorney General. In the P&Z findings (#3) “The proposed conditional use WILL NOT be designed…” they fail to tell the applicant what he must do to correct the failure. (#4) “The proposed conditional use WILL be hazardous or disturbing to existing or future neighboring uses.” They again fail to tell the applicant what he must do to correct the failure, and in fact, since there was NO testimony against the CUP, no testimony that it would be hazardous or disturbing, what was the basis for their conclusion that the expansion would do so? Findings must be based upon testimony received at the hearing and not upon the personal opinion of the commissioners. To do otherwise, constitutes an illegal taking of the applicant’s property and must be compensated. I urge you to do the right thing and allow the owners of the property to expand the Bug Ranch, to use the land for economic benefit of the community, provide jobs and more support for the Oasis Volunteer Fire Department, which so desperately needs all the support they can get. Sincerely, Frank Hennis.

Bob Ruth, 19550 N. Del Norte Pl., Oasis, Idaho, appeared and read his testimony into the record: I am here to appeal to common sense. Mr. Taylor’s many attempts to develop his property along Desert Wind Road (Old Highway 30) in our community of Oasis have been repeatedly denied by Growth and Development. Subsequent appeals have also been denied by this body. I have testified in support of Mr. Taylor’s plans numerous times and I do not wish to rehash my previous statements. However, I do have one question. Is there some reason why the County of Elmore does not want businesses in our area? He has proposed a RV park. He has proposed a C-store (convenience). He has proposed informational/advertising billboards along the interstate (on his land). He has talked of self storage units. His wife has spoken of a possible nursery for desert type plants. He has proposed a fueling station to support the Red Baron Air Park residents and their aircraft. But yet he has been thwarted at every turn despite the fact that much of his land is already being taxed at a commercial rate but he is not able to use it as such. And these are potentially tax generating businesses for our community and the County! Do we not want tax revenues especially in light of our economic situation we now face? Now he is in a position that the county has forced him into. He is attempting to make a living out here by expanding his used automobile parts business, otherwise known as “The Bug Ranch.” This expansion was not his original item of choice but it is a viable one. If only you will allow him to conduct his business. I would like to read several excerpts from a statement made by Commissioner Cruser in the January 2009 EL-WYHEE HI-LITES. (I am NOT trying to blindside Commissioner Cruser but I would hope that her sentiments are also those of this body): “As a resident of Mountain Home for 44 years and one of your current Elmore County Commissioners, I have seen many small businesses come and go over the years in our communities. Every time I go downtown here in Mountain Home and Glenns Ferry, I worry about what will become of our communities if we are not able to be more supportive of our local businesses. I have also heard of other businesses looking to locate here, but they are not convinced that they would have enough local support. I would ask that all of our citizens stop and consider shopping or obtaining services locally……” “….if we all try to do a small part for our local businesses we will be able to encourage current local business to remain and encourage new business growth.” Mr. Ruth continued: One of the biggest arguments against Mr. Taylor is the interpretation of the zoning regulations regarding what constitutes a “highway”. Desert Wind Road IS OUR HIGHWAY! It is our only highway until we access the interstate many miles to the west and east, well out of our community. It is no different from other parts of Highway 30 except as to who maintains it and pays for it. It is a 55 mph roadway. It is the former Highway 30! Please give Mr. Taylor’s situation just consideration. He has demonstrated full compliance with all provisions and conditions you have imposed upon him. He is a good neighbor and I am certain he will continue as such. Thank you for your attention. Sincerely, Bob Ruth.

Jo Gridley, Assessor, appeared before the Board and explained the property is being assessed as commercial due to the commercial fuel tanks that are on the property.

Forrest Roberson, Mountain Home, Idaho, appeared and testified against the expansion of the junk yard. Mr. Roberson stated he felt if the expansion of the junk yard was granted it would open the door to other commercial opportunities to come to Elmore County and capitalize on a cheap investment. Mr. Roberson stated he has an Ag A operation in the area, with plans to expand his operation when his children graduate from school and join the business. Mr. Roberson stated the original business was mainly automobile repair/restoration and the community accepted that. If the expansion consists of a large commercial/large industry it should be put in an industrial zone. Mr. Roberson stated the fencing requirement has decreased from the first request. The existing bug ranch is not screened. Mr. Roberson feels it would depreciate land values and increase traffic hazards. Mr. Roberson stated he was forced to build a road to his property because of the air park.

Francis Brady, Oasis, Idaho, appeared before the Board and read his testimony into the record: I have a few concerns as I have read the CUP application for Rick Taylor/Judith O’Dell’s Bug Ranch Wrecking yard. A small discrepancy on the CUP application on adjacent properties, they write that the properties on the south side are a freeway and dumps. The dumps are about 5 miles away and there is a cattle ranch between the dumps and freeway. On the west side they state that there is BLM and an industrial park. That industrial park must be the property with the tractors on it. It is at least 5 miles from the wrecking yard, there is a cattle ranch between them. They show a letter from DEQ, Item #3, I quote: “if the project disturbs more than one acre of storm water a permit from the US EPA may also be needed”. In Idaho the EPA and DEQ work together and as of 2-12-2009, they do not have an application for the wrecking yard. This project needs to be halted until a permit is issued and complied with. I feel that until all of the tee’s are crossed and all the I’s are dotted that this project not be allowed to continue. They have been putting cars in the wrecking yard without a permit to operate, that should constitute a revocation of the permit and start at square one on the CUP. Just a note of caution, someone is adding a berm at the end of the runway. If this is raised and an aircraft incident happens, the FAA will only get involved after an incident happens. A violation to the FAR’s (federal aviation regulations) is a federal offense. Note FAR’s can be found in the FAR/AIM manuel (federal aviation regulation/airman information manuel). Thank you, Frank Brady.

Ken Casper, Oasis, Idaho, stated his property is across the road from the proposed sight. Mr. Casper stated the road Mr. Roberson had to build did not have anything to do with Mr. Taylor. The wrecking yard that was originally proposed was opposed by the residents. Mr. Casper is not necessarily here in opposition, but all the conditions must be met. The current junk yard is not fenced off from Highway 30. Mr. Casper submitted three pictures, one showing the vehicles from highway 30, one showing a hole in a fence and one showing the berm at the end of the runway along with an avigation agreement between Kenneth P. Casper and Sheila M. Casper and Judith O’Dell and Rick Taylor. Mr. Casper spoke of the berm that is being constructed at the end of the runway. Mr. Casper stated the original permit was for a hobby and now it has become commercial. Mr. Casper stated he is not against Mr. Taylor but the community has a lot invested out there and the expansion must be done properly to maintain property values.

Marcus Ward, attorney representing Mr. Taylor, appeared for the rebuttal. The County requirement on Mr. Casper’s Conditional Use Permit is that aircraft be more than 80 feet above the property at the end of the runway. The berm is not any higher than the plastic fence that Mr. Casper built. Mr. Ward referenced the Avigation Agreement and toward the end of the agreement there are conditions. Mr. Taylor has fulfilled those conditions, Mr. Casper has not. Most of Mr. Casper’s testimony has nothing to do with the issue at hand. Mr. Ward stated Mr. Taylor is in compliance with the DEQ, Mr. Taylor has a license to have cars in the wrecking yard. Mr. Ward stated the taxing on the property was commercial. Mr. Ward asked the Commissioners to read the memorandum he handed in. Commissioner Cruser asked about the maps of the property. Mr. Taylor came forward and answered Ms. Cruser’s questions.

Chairman Rose and Prosecutor Schindele discussed the rules that have been adopted for public hearings. Commissioner Cruser asked Mr. Ward more questions on the maps that have a business plan written on them. Discussion followed on whether or not the Commissioners could ask the Growth and Development Department questions. Prosecutor Schindele stated the Commissioners could ask the questions, Ms. Sharp can respond, and those in the audience can respond in writing.

Ms. Sharp testified that the original application was for Auto shop/Repair shop. When the application was reviewed by the Growth and Development Staff, Mr. Taylor was informed the application needed to be amended to also be a junk yard/wrecking yard as Mr. Taylor would be storing more than three autos on the property. Ms. Sharp stated Mr. Taylor amended his application and the Conditional Use Permit (CUP) was granted. Chairman Rose asked if there is a definition of a berm in the conditional use permit. Ms. Sharp stated no. Discussion followed on the conditions of the first CUP that Mr. Taylor was granted. Prosecutor Schindele asked if the original CUP is in the record and Ms. Sharp stated no. The Board asked Ms. Sharp to submit the original CUP and Findings of Facts.

The record was kept open for written comment (testimony) until February 23, 2009 at 5:00 p.m. in the Clerk’s office.

The public hearing was adjourned, and the record will be closed as of February 23, 2009 at 5:00 p.m.

No public appeared for the public portion of the meeting.

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

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk