COMMISSIONERS MINUTES                                June 8, 2009


The Elmore County Board of Commissioners met on the above date in the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the meeting were Chairman Larry Rose, Commissioners Arlie Shaw and Connie Cruser. Also present was Civil Attorney Buzz Grant, Prosecutor Kristina Schindele, and Deputy Clerk Barbara Steele.

The deliberation of the request to re-zone approximately 1,280 acres of Agricultural A (Ag A) zoned property to Heavy Industrial (M2) from Alternate Energy Holdings, Inc. was held. Commissioner Cruser stated the process has been a highly emotional issue. Commissioner Shaw stated it was a well known issue across the State of Idaho. Prosecutor Schindele reviewed with the Commissioners that the deliberation should be whether or not the application to rezone the land from Ag A to Heavy Industrial complies with the standards set forth in our Ordinance and the State Statute. Chairman Rose asked if the property was rezoned, could the rezone of the property be for a specific purpose only. Prosecutor Schindele stated her understanding is if the property is rezoned, by State Statute, it cannot be modified except by written consent of the owner of the property for four years. Chairman Rose asked if a development agreement limits the use of the rezoned property. The Prosecutor stated the County can’t limit the rezone for a particular use. Commissioner Cruser stated any use of the property would have to go through the Conditional Use Permit process. The Comprehensive plan was reviewed and discussed. Chairman Rose stated the impact to the infrastructure would be huge in the Hammett area if any type of industry located there. Another question is whether there needs to be another industrial zone in Elmore County. Prosecutor Schindele will research if the granting of a rezone application can be limited by a development agreement. The deliberations will continue on June 15th at 9:00 a.m. to receive legal information from the Prosecutor.

Motion by Rose, second by Shaw, to approve the ambulance district bills: Cory’s Pro Auto $630.38, Sally Kuhlberg $200.00, Barbara DeMott $200.00, Norco $159.60, Intermountain Communications $2,809.40 and Hiler Brothers $3.16 for a total of $4,002.54.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw to approve the payroll for May, 2009 in the amount of $379,755.25.
ROSE - AYE
SHAW - 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.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Discussion briefly followed on the expenses and the current budget.
Brent Butler, Growth and Development Director, appeared before the Board to discuss issuing Building Permits. Mr. Butler provided the Board with an Administration Interpretation of Accessory Structure in accordance with Zoning and Development Ordinance Section 6-5-1. Discussion followed on garage sizes in reference to additions. The effective date of the new Ordinance and new applications were discussed.

Motion by Cruser, second by Shaw, to allow the Growth and Development Director to determine the good faith of submission of building permits prior to the May 13, 2009 effective date of the new Ordinance.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Contracting with the City of Mountain Home to use their building official for County inspections was discussed. Possibly a 90 day renewable contract during this slow economic time would be beneficial to both Elmore County and the City of Mountain Home. The County will interview for a building official and hold the results until the position warrants full time. Hiring a Code Enforcer was discussed and will be put on hold for now.

County employee cell phone usage was discussed. The invoice from Verizon Wireless was reviewed. Personal use of County supplied vehicles and cell phones are taxable.

Motion by Rose, second by Cruser, to approve the minutes for May 29, 2009 and June 1, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the expenses in the amount of $351,654.14.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Commissioner Shaw reported on the Idaho Association of Counties conference he attended.

Motion by Shaw, second by Rose, to recess for lunch.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C. 67-2345(d) to meet with Social Service Director Marianne Bate to discuss Indigent applications. Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.



Regular session resumed and the following decision was made:

K-04-09-04 Motion by Cruser, second by Shaw, to approve with a reimbursement order of $75 per month and a one time payment of $2000.00 from the applicants savings account.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the tax cancellations into the record: No. 1000 Mitchell Allen $.40, No. 1001 Frank Clifford $61.68, No. 1002 Crossroads Mental Health Services $78.30, No. 1003 Riverview Lease/Lone Holding, Inc. $9.62, No. 1004 Fracisca or Rolando Palomino $78.06, No. 1005 Enrique Martinez $70.08, and No. 1006 Manuel Mtz Rodriguez $49.04, total $347.18. Motion by Rose, second by Cruser, to approve the tax cancellations as read.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Jeannie Hodgkiss of the Domestic Violence Council came before the Board. Discussion followed on a grant awarded to the Council on Domestic Violence and Victim Assistance and why the County has to be involved in grant. The Council will be filing for a 5013C status with the Federal Government along with application for a taxpayer ID number for future grants. Ms. Hodgkiss will check with the State to see if the grant can be put on hold until the Council becomes an independent entity. Payroll Clerk Linda Pickett appeared and discussion followed how much the County’s involvement was in the Domestic Violence Council. Ms. Hodgkiss will report back to the Commissioners.

Dick and Angelina Harder, appeared with an application for property exempt from taxation, exceptional situation. The Harder’s home was destroyed by fire, the circuit breaker (tax relief) on the home was lost for this year. Assessor Gridley explained to the Board the next step is to apply for an exemption from taxation for tax year 2009.

Motion by Cruser, second by Shaw, to allow a 100% tax break on the 2009 main roll value of $25,700.00 for parcel number RPB0107061011A, Dick and Angelina Harder.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to allow a 100% tax break on the estimated occupancy roll, value of $64,000, actually taxable value with the Homeowners Exemption $32,000.00.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the Certificates of Residency into the record: Laura Ann Oliver, James M. Kreutzer, and Patricia Hernandez. 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 go into Executive Session pursuant to I.C. 67-2345(b) to discuss a personnel issue. 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 the Executive Session.

Shea Burns came before the Board to discuss the Fair budget. Funds have been unexpectedly expended and additional funds will be needed. The Board stated the June tax drive will replenish the expended funds.

At approximately the hour of 4:25 p.m. in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho, a public hearing was called to order to hear testimony on an application from Stanley Scott for a Zoning Change (Zoning District Amendment) from Light Industrial to Commercial. Site is located in Township 3 South, Range 6 East, Section 28, Northwest Quarter, 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 recommended denial of the Zoning District Amendment to the Board of Elmore County Commissioners.

Stan Scott, Mountain Home, appeared and stated he would like to get the above property, 160 acres, rezoned to Commercial from Light Industrial. Mr. Scott explained a road has already been constructed which he showed the Commissioners on a map. Mr. Scott stated he wanted to advertise the property as Commercial, it would be more appealing than Light Industrial. Discussion followed on the property and the Airport Hazard Zone. The Comprehensive Plan was discussed. The public hearing was continued to July 13th, 2009 at 4:00 p.m. to receive further testimony.

The Commissioners scheduled a special session on June 18, 2009 at 10:00 a.m. to discuss the proposed 2010 budget. A memo will be sent to all Departments asking for a 7 to 10 percent cut in their budgets.

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

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