COMMISSIONERS
MINUTES June
15, 2009
The Commissioners met in special session on the above date in the Commissioners
Room, basement of 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 Prosecuting Attorney Kristina Schindele, Civil
Attorney Buzz Grant and Clerk Marsa Grimmett.
The meeting opened at 9:00 a.m. and the room filled to standing room only.
Prosecuting Attorney Schindele explained that a rezone decision can be based on
the development agreement associated with the rezone request, however, the Board
must first decide if rezoning would comply with the Elmore County Comprehensive
Growth and Development Plan. Prosecutor Schindele and Commissioner Cruser
reviewed the Comprehensive Plan. Prosecutor Schindele explained to the
Commissioners what procedures would be followed regarding a development
agreement. Commissioner Cruser stated the issue was too important to make a
decision on one word in the Comp Plan “only”. Prosecutor Schindele stated the
Commissioners need to decide whether or not the rezone conflicts with the
Comprehensive Plan. The Planning and Zoning Commission found there was a
conflict and recommended denial. Discussion followed on remanding the issue back
to the Planning and Zoning Commission.
Motion by Rose, second by Cruser, to submit to the Planning and Zoning
Commission, for their consideration, an amendment to the Comprehensive Plan in
identifying heavy industrial zones and consider an amendment to the map that
identifies the County’s land use zones.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion amended by Rose second by Cruser, to include instructions to the Planning
and Zoning Commission to consider land use objective 12 and other similar
limitations.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to remand the issue to the Planning and Zoning
Commisson for consideration, negotiaton and finalization of a development
agreement to be used in conjuction with a conditional re-zone.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to go into Executive Session pursuant to I.C.
67-2345(b and f) to meet regarding pending litigation and a personnel issue.
Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. Personnel and litigation issues discussed. No action
was taken as result of the Executive Session.
The Commissioners asked Civil Attorney Grant to research a contract for land
transfer and an agreement with the City of Glenns Ferry and King Hill Rural Fire
for the Emergency Services Building in Glenns Ferry.
Motion by Rose second by Cruser, to approve the minutes for June 8, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose second by Shaw, to approve the Ambulance Expenses in the amount
of $928.01. Katherine Brown $500.00, Idaho Power $63.38, Cory’s Pro Auto $205.00
and Nitz Pine Store $159.63.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Commissioner Cruser read the Certificates of Residency into the record: Allison
Clark and Jessica Kerr. Motion by Cruser, second by Shaw, to approve the
Certificates of Residency as read.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw second by Cruser, to approve the catering permit for Los Pinos
Restaurant.
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.
Motion by Rose, 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 cases. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed and the following decisions were made:
K-11-08-01 Motion by Cruser second by Shaw, to dismiss and issue final denial as
all medical bills have been paid by Workman’s Compensation and all of the
providers who had appeals withdrew.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
K-05-09-01 Motion by Shaw, second by Cruser, to deny the claim as Elmore County
is not the last resource, applicant is not indigent, the information and medical
records are incomplete.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Brent Butler, Growth and Development Director, came before the Board with
information on plans to update the Comprehensive Plan and the Zoning and
Development Ordinances. The current Letter of Information (LOI) applications
were discussed in reference to roads along with already approved LOI’s. Code
enforcement was discussed.
A public hearing was held to re-open the public hearing held on May 4, 2009 at
3:00 p.m. to hear additional 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.
Phil Gridley, Fire Chief, Mountain Home Rural Fire District, spoke against the
Letter of Information (LOI) because there is not a sufficient turn around area
for emergency vehicles. Chris Alzola and Tom Ducharme also requested a recorded
agreement between the Mountain Home Rural Fire Protection District and
Bermensolo, Inc. that if Parcel B is used for residential purposes that
Bermensolo, or any future owners of the property, will construct Eagle Road (to
be known as SW Runway Place) to the south end of Parcel B and construct a
cul-de-sac layout as required by the Mountain Home Highway District standards.
Tracy Lauric, Mountain Home, spoke against the LOI. Ms. Lauric stated she had an
experience while riding her horse, was thrown from the horse as the fire
department was responding to a wild fire. The road she was riding on did not
have an adequate turnaround for the fire trucks.
Brent Butler, Growth and Development Director, spoke and suggested different
options to rectify the situation.
Brenda Rhoads, Mountain Home, stated the ground in the area is like quicksand
when wet and urged the Commissioners to require proper roads and turnarounds.
Claude Bermensolo, Mountain Home, stated with the Fire Department’s concern
regarding every inch of each piece of property then the only answer would be to
run a road around the perimeter of every piece of property and that would make
development very expensive and not cost effective. Discussion followed on
rewriting an acceptable agreement with the Fire Department.
Motion by Cruser, second by Shaw, to continue the public hearing to next Monday,
June 22, 2009 at 11:00 a.m.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Steven Williams, Mountain Home Ranger District, U.S. Forest Service, came before
the Board to state his concerns on Senate Bill 1098. This Bill states that ATV’s
(All terrain vehicles) may be operated by persons under 16 years of age if they
are supervised by a licensed adult operator. Mr. Williams requested that the
Board of Elmore County Commissioners adopt and Ordinance that requires ATV
operators to have some type of training or be certified in the operation of such
vehicles. Tom Widford, acting Ranger, Forest Service, joined the meeting. Mr.
Williams stated some roads might be closed to ATV traffic with the permission of
the County Commissioners. Suggested closures were Grouse Creek, Trinity, and the
Boise Ridge. The Commissioners stated enforcement would be an issue. Civil
Attorney Grants asked if there was a State sponsored training program. Mr.
Williams stated the State of Utah has a program administered by the Parks and
Recreations Department for ATV’s but is not aware if Idaho does. Commissioner
Shaw will check with other entities to see what solutions are available. The
Commissioners were not in favor of the suggested road closures.
Brent Butler, Growth and Development Director, spoke to the Commissioners
regarding the decision made earlier in the day regarding the Alternate Energy
Holdings, Inc. rezone request. Mr. Butler stated his office is received several
calls regarding the decision. Mr. Butler will confer with Prosecutor Schindele.
Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C.
67-2345(b). Roll call vote was taken. Executive session was called to discuss
personnel issues.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
Motion by Rose, second by Cruser, to recess as a Board of Commissioners and to
convene as a Board of Equalization.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Assessor Jo Gridley came before the Board.
Motion by Rose, second by Cruser, to allow an exemption on parcel number
04S06E126680 for one acre and the church building for the Mountain Home Korean
Baptist Church.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The Commissioners reconvened as a Board of Commissioners.
Motion by Rose second by Shaw, to adjourn.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
