COMMISSIONERS
MINUTES MAY
4, 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 Commissioner Arlie Shaw and Commissioner Connie
Cruser. Chairman Larry Rose was absent. Also present was Clerk Marsa Grimmett
and Civil Attorney Buzz Grant.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(b) to discuss a personnel issue.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Shaw, to approve the personnel action that was
discussed in Executive Session.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser to approve the minutes for April 20, 2009,
April 22, 2009 and April 29, 2009.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The Slash T Rodeo Company letter was discussed. Civil Attorney Grant stated a
Rodeo Contract for the Elmore County Fair has been drafted and needs to be
delivered to the Company.
Motion by Cruser, second by Shaw, to accept the Rodeo Contract for the Elmore
County Fair and have a copy sent to Mr. Gorrell and to the Rodeo Company.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Russell Duke, Director, and Betty Ann Nettleton, Central District Health,
appeared before the Commissioners to discuss the 2010 fiscal year proposed
budget. Discussion followed on the current Swine Flu outbreak. Mr. Duke
explained Central District Health is not asking for any increase in the upcoming
budget. Due to programs and expenses being adjusted an increase of $49.00 is all
Elmore County’s portion will be. Mr. Duke also stated the population in Elmore
County has increased. The current economy was discussed and how it reflects the
costs of the Department.
Sheriff Rick Layher joined the meeting.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(b) to discuss a complaint against the Sheriff’s Department.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
Motion by Shaw, second by Cruser, to recess as a Board of Commissioners and
convene as a Board of Equalization.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Assessor Jo Gridley appeared with the yearly Circuit Breaker applications.
Motion by Cruser, second by Shaw, to approve the Circuit Breaker applications.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to recess as a Board of Equalization and
re-convene as a Board of Commissioners.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Commissioner Shaw read the Certificates of Residency into the record: Charles
Thomas Abrahamson, Lisa Ann Cantrell, Emily Michelle Cook, Glen D. Hance, Ismeal
Orozco Hurtado, Ashley Brooke Loftus, Brianna Dawn Loftus, Courtney Charbonneau
Loftus, Brandon Raymond Lopez, Rosa Maria Lopez, Joseph Lewis Poseley, Mindy Kay
Troutfetter, Janessa R. Walters, and Hanna Joann Zamora. Motion by Cruser,
second by Shaw, to approve the Certificates of Residency as read.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Mail delivery was discussed.
Motion by Shaw, second by Cruser, to approve the corrected Findings of Facts and
Conclusions of Law on the Vanilla Sun Subdivision appeal.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
A public hearing date was set for June 8, 2009 at 4:00 p.m. on an application by
Stan Scott requesting a rezone of property from Light Industrial to Commercial.
The Planning and Zoning Commission held a public hearing and forwarded their
recommendation to the Board of County Commissioners to deny an application to
rezone.
A liquor license application for Stew’s Place was discussed. Motion by Shaw,
second by Cruser, to approve the liquor license for Stew’s Place.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to recess for lunch.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(d) to meet with Social Services Director Marianne Bate to discuss
Indigent applications.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. The following decisions were made as result of the
Executive Session.
K-03-09-08 Motion by Cruser, second by Shaw, to approve with a reimbursement
order of $200.00 per month with a 90 day review.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Commissioner Shaw read the tax cancellations into the record: No. 994 Abundant
Life Christian $1,315.04, No. 995 Roger Saucier $8.02, No. 996 Allan Carroll
$8.02, and No. 997 Ron J. Forbis $45.86. Total tax cancellations were 1,376.94.
Motion by Shaw, second by Cruser, to approve the tax cancellations.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Social Services Director Marianne Bate appeared and discussion followed on how
Ada County holds their Indigent hearings. In the hearing notice there are
instructions to the applicant on how to timely submit exhibits before the
hearing.
Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(d) to meet with Social Services Director Marianne Bate to discuss an
appeal of a reimbursement order.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-02-09-03. Present at the hearing were Commissioner Arlie
Shaw, Commissioner Connie Cruser, Clerk Marsa Grimmett, Social Services Director
Marianne Bate, Civil Attorney Buzz Grant, and the applicant. Discussion followed
on the reimbursement order.
Regular session resumed.
Motion by Shaw, second by Cruser, on case K-02-09-03 to change the reimbursement
order to $50.00 with a review in 90 days.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to sign the letter of recommendation for
Mountain Home Extrication for a grant application.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
At 3:00 p.m. a public hearing was held to hear testimony on an appeal from the
Mountain Home Rural Fire Protection District regarding a decision by the
Planning and Zoning Commission to approve an application from Bermensolo, Inc.
for a Conditional Use Permit for a 4-Lot Letter of Information in an Agriculture
B (Ag B) Zone. Site is located in Township 3 South, Range 6 East, Section 34,
B.M.. A more common means of locating this site is proceed West on Airbase Road
past Highway 51 on the left side of the road approximately ¼ mile. The Mountain
Home Rural Fire Protection District is appealing inadequate turn around and road
construction for fire suppression.
Chris Alzola, Mountain Home Rural Fire Protection District, appeared and
explained why the appeal was filed. The road and turnaround was asked to be
longer and larger by the Fire District. The application states the property will
be used for residential use, however the applicant states the property will be
used for Commercial purposes. The Planning and Zoning Commission did not
acknowledge the District’s request to increase the size of the turnaround and
that is why the Fire District is appealing the lot splits. Ms. Alzola read from
the Findings of Facts from the Growth and Development Department stating it
reads: The proposed conditional use will be served adequately by existing
essential public facilities and services such as highways, streets, schools,
police and fire protection, drainage structures, refuse disposal, water and
sewer or the person responsible for the establishment of the proposed
conditional use shall adequately provide any such services. Ms. Alzola stated
the Fire District does not feel it will be adequately protected which was
reflected at the Planning and Zoning hearing.
Gary Bermensolo, Bermensolo, Inc. appeared before the Board and referenced his
letter already submitted in response. Mr. Bermensolo stated the Planning and
Zoning Commission stated they were not going to set a precedent of having the
road extended all the way to the boundary of the property. If the property does
get developed as residential property then a plat would be involved and another
look would be taken at the specific requirements. Mr. Bermensolo referenced
other examples of lot splits, roads and cul-de-sacs, and none of those were
required to extend the road in the fashion the Fire District wants this road to
be constructed. Mr. Bermensolo is asking the Board to uphold the Planning and
Zoning Commission’s decision.
Former Growth and Development Director Bonnie Sharp stated the decision by the
Planning and Zoning Commission was site specific for the property and the uses
put forward in the application and that the Commission felt the proposed road
and cul-de-sac were adequate.
Chris Alzola, Mountain Home Rural Fire Protection District, stated the
application is for residential use, not Commercial use as Mr. Bermensolo is
indicating. The Fire District is just asking for adequate access for fire
protection.
Ms. Sharp stated the property is currently zoned Agricultural.
Mr. Bermensolo showed the Commissioners a map on Night Sky View Subdivision and
that property was not required to have a longer road.
Commissioner Shaw asked Commissioner Cruser if she had any further questions.
Commissioner Cruser stated no. Commissioner Shaw closed the public hearing and
stated a decision would be made soon.
Mollie Marsh, Director of the Western Elmore County Recreation District, Dave
Aizpitarte, Bionomics Environmental, Eagle Idaho, Betty Ashcraft, public liaison
for the Western Elmore County Recreation District, Ashley Griggs, Environmental
Technician for Bionomics Environmental, Eagle, Idaho and Brian Peterson, Hall
Friedly & Ward, representing the Western Elmore County Recreation District. Ms.
Ashcraft stated the group was here to discuss Elmore County being the
responsible entity for the Western Elmore County Recreation District for the
Federal Appropriations Award regarding the environmental assessment. Discussion
followed on the particulars of what would be involved in the County being the
responsible party. Civil Attorney Grant stated he felt there was an urgency by
the Recreation District to get this done. All the parties, including the
Commissioners, stated there was no rush. Commissioner Shaw asked why HUD
couldn’t be the responsible party. Mr. Peterson replied the responsible
party/entity would be in charge of zoning and that is why the County would be
responsible. The Recreation District will send the paperwork they have prepared
in and have it reviewed. The County will make a decision if they will be the
responsible party at a later date after further investigation.
Mary Ann Peterson, 4-H Coordinator, appeared with two students Billy Phillips,
Mountain Home, Allison Lewallen, Mountain Home, and Michelle Sharp, Mountain
Home. The students gave a brief report on their 4-H activities.
The public portion of the meeting was held. Chris Alzola, Mountain Home,
appeared and asked why the County would be the responsible party for the Western
Elmore County Recreation District (WECRD). The WECRD asked the City of Mountain
Home to be the responsible party and they could not as the property was not
within the City limits. Therefore the WECRD came to the County to ask them to be
the responsible party. Commissioner Shaw stated regardless of the decision the
County will make on this request, in no way does it reflect whether the County
is for or against the Recreation District. The cost of the request was discussed
and who would be paying for it.
Motion by Shaw, second by Cruser, to adjourn.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
At 6:00 p.m. a Public Hearing was held to receive testimony on a revised Zoning
and Development Ordinance and revised Future Land Use and Zoning Maps for the
unincorporated areas of Elmore County. This Ordinance will affect future land
use in the unincorporated areas of Elmore County.
The zones being proposed include General Agriculture (Ag), Rural Residential
/Mixed Use (RR/MU), Recreation/Tourism (REC), Neighborhood Commercial (C1),
Highway/Interstate Commercial (C2), Light Industrial/Manufacturing (M1), Heavy
Industrial/Manufacturing (M2), Planned Community (PC), Planned Unit Development
(PUD), Planned Unit Development District (PUDD), Public Airport Hazard Zone
(PAZ), Air Base Hazard Zone (ABHZ), and Air Base Commercial Zone (ACZ). Each of
these zones will have specific regulations regarding type of development,
density of development, lot size, set backs from property lines, height, and lot
width to depth ratio.
Former Growth and Development Director Bonnie Sharp reviewed the changes in the
proposed ordinance from the last public hearing:
Chapter 17, page 6, E, 3a will read: a. Private roads shall be completed within
two (2) years following the acceptance and approval of the roadway design by the
Growth and Development Department. The roadway design will be submitted to the
Growth and Development Department by a licensed engineer.
The following definitions were changed to read:
Industrial/Manufacturing Use, Heavy will read: Refers to the manufacture,
processing and testing of goods and materials or products predominately from
extracted or raw materials, or a use engaged in storage of such materials. Heavy
Industrial includes manufacturing processes that use flammable or explosive
materials, or storage of materials that potentially involve hazardous or
commonly recognized offensive conditions. Heavy Industrial uses include those
uses which require large amounts of water or where the by-products of such use
(such as noise, smoke, odor, glare, gas, or heavy vehicle use) are present or
generated. The underlined portion was added as suggested by Civil Attorney
Grant.
Industrial/Manufacturing Use, Light will read: Refers to the manufacture,
processing, and testing of goods and materials from previously prepared
materials, of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales, and distribution of
such products. Light Industrial includes uses and operations that do not
directly adversely affect nearby land uses. Light Industrial uses include a wide
variety of enterprises that do not cause noxious odors or noise or use large
amounts of water.
In Chapter 8, page 3 of 136, under 6-8-97 it was changed to read Energy
Production (<25kW), Home Use.
The following changes were made to the Land Use Table Matrix:
Every land use allowed in the M2 Zone will require a conditional use permit.
Advertising, Signs & Structures, under M2 the allowed use was changed from AA/C
to C.
Archery Range/Indoors, under M2 the allowed use was changed from AU to C.
Brewery or Distillery, under M2 the allowed use was changed from AU to C.
Cabinet Manufacturing, under M2 the allowed use was changed from AU to C.
Composting Facility, Commercial, under M2 the allowed use was changed from AU to
C.
Concrete Batch Plant, under M2 the allowed use was changed from AU to C.
Contractors Yard, under M2 the allowed use was changed from AU to C.
Dairy Products Processing, under M2 the allowed use was changed from AU to C.
Energy Production (<25kW), Home Use, under Ag the allowed use was changed from C
to AU, under REC it was changed from X to AU, under RR/MU it was changed from X
to AU, under M1 it was changed from C to X, and under M2 it was changed from C
to X.
Energy Production Facilities, under Ag the allowed use was changed from C to X,
under M1 it was changed from C to X.
Equipment Rental-Sales Yard Including Farm Equipment, under M2 the allowed use
was changed from AU to C.
Food Processing and Packaging Plant, under M2 the allowed use was changed from
AU to C.
Freight or Truck Terminal, under M2 the allowed use was changed from AU to C.
Furniture Refinishing, under M2 the allowed use was changed from AU to C.
A new line was added for Industrial/Manufacturing Facility, Heavy which lists Ag
as an X, REC as an X, RR/MU as an X, C1 as an X, C2 as an X, M1 as an X, M2 as a
C, PAZ as an X, ABHZ as an X and ACZ as an X.
A new line was added for Industrial/Manufacturing Facility, Light which lists Ag
as an X, REC as an X, RR/MU as an X, C1 as an X, C2 as a C, M1 as a C, M2 as a
C, PAZ as a C, ABHZ as an X, and ACZ as an X.
Lumber Yard-Retail/Wholesale, under M2 the allowed use was changed from AU to C.
Machine Shop, under M2 the allowed use was changed from AU to C.
Office, Temporary Construction, under M2 the allowed use was changed from AA to
C.
Sawmill or Planing Mill, under M2 the allowed use was changed from AU to C.
Tower, Antenna or Structure, Commercial, under M2 the allowed use was changed
from AA to C.
Truck and Trailer Stop and/or Wash, under M2 the allowed use was changed from AA
to C.
Wireless Communication Facility, under M2 the allowed use was changed from AA to
C.
Wrecking Yard, under M2 the allowed use was changed from AA to C.
Energy Production Facility, page 29, is only allowed in Heavy M2 Zone.
The following was added: Chapter 8, page 96 of 136, Section 6-8-134:
Industrial/Manufacturing Facility, Heavy:
A. A facility that manufactures, processes, and tests goods and materials
predominately from extracted or raw materials, or a use engaged in storage of
such materials shall be considered a heavy industrial/manufacturing facility.
The following was added: Chapter 8, page 96 of 136, Section 6-8-135:
Industrial/Manufacturing Facility, Light:
A. A facility that manufactures, processes, and tests goods and materials from
previously prepared materials, of finished products or parts, including
processing, fabrication, assembly, treatment, packaging, incidental storage,
sales, and distribution of such products shall be considered a light
industrial/manufacturing facility.
The required findings are as follows:
1. The proposed use shall, in fact constitute a Conditional Use Permit as
determined in Chapter 8, Table 6-8-11 ( C), Elmore County Land Use Table, as
contained in this Ordinance;
2. The proposed use shall be in harmony with and in accordance with the Elmore
County Comprehensive Plan and this Ordinance (Title 6);
3. The proposed use complies with the purpose statement of the applicable base
zone and with the specific use standards as set forth in this Chapter;
4. The proposed use shall comply with all applicable County Ordinances;
5. The proposed use shall comply with all applicable State and Federal
regulations;
6. The proposed us shall be designed, constructed, operated, and maintained in
such a way as to be harmonious and appropriate in appearance with the existing
or intended character of the general vicinity; and that such use shall not
change the essential character of said area;
7. The proposed use shall not be hazardous or disturbing to existing neighboring
uses or impede their normal development;
8. The proposed use shall be served adequately by available public facilities
and services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer, or that the person responsible for
the establishment of the proposed conditional use shall be able to provide
adequately any such services;
9. The proposed use shall not create excessive additional requirements at public
cost for public facilities and services and the proposed use shall not be
detrimental to the economic welfare of the County;
10. The proposed use shall not involve uses, activities, processes, materials,
equipment, and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors;
11. The proposed use shall have vehicular approaches which shall be so designed
as not to create an interference with traffic on surrounding public or private
roadways;
12. The proposed use shall not result in the destruction, loss or damage of a
natural or scenic feature of major importance.
Colonel Jeff Maxwell, Mission Support Group Commander at Mountain Home Air Force
Base, appeared and thanked the Board for their outstanding support of the Air
Force Base.
Cashia Brown, Mountain Home, appeared and asked what a performance security bond
was. Ms. Brown stated protection is needed in case of any catastrophic events
that could happen in the County. The definition of heavy and light industrial,
production of power should be included in both of those definitions.
Civil Attorney Buzz Grant explained what a performance bond was for.
Justin Brown, Mountain Home, appeared and stated there was no mention of spot
zoning. Mr. Brown would like spot zoning controls added to the ordinance before
it is approved.
Dorian Duffin, Hammett, appeared and thanked the Commissioners for adding
protection to farm land in the County. Mr Duffin had two suggestions, applicants
for electrical generation facilities and energy production facilities are
currently required to notify owners within one mile of the proposed facility and
he would like all adjacent landowners and those within a 5 mile radius be
notified. The second suggestion was electrical generating facilities setbacks be
extended to 1 mile.
Chris Alzola did not speak.
Bill Belknap, Prairie, appeared and spoke about the recreation designation. Mr.
Belknap would hate to see a developer come in change the area. Mr. Belknap
stated the area should remain and agricultural area.
Tracy Lauric, Mountain Home, appeared and asked if public hearings will be
required on conditional use permits. The Commissioners answered yes.
Luther Cook, Prairie, appeared and asked about the recreation designation in the
Ordinance.
Dave Wroblewski did not speak.
Former Growth and Development Director Bonnie Sharp read the definition of a
recreation and tourism district. Growth and Development Director Brent Butler
spoke regarding the recreation district and assessed value. There would be no
change in the tax assessment as the property is assessed on use, not on zoning.
That does not mean assessments won’t go up or down depending on market values.
Nick Nettleton, Planning and Zoning Commission Chairman, explained that the
Prairie area is in a recreational overlay and that does not affect the
agricultural use in that area.
General discussion followed on the issue.
Motion to accept the changes in the Zoning and Development Ordinance that Ms.
Sharp read in the record.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to adopt the Zoning and Development Ordinance.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The Ordinance will be published on May 13, 2009 and that will be the date the
Ordinance will be effective.
Chairman Shaw closed the hearing.
Motion by Cruser, second by Shaw, to adjourn.
ROSE - ABSENT
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
