COMMISSIONERS
MINUTES July
13, 2009
The Commissioners met in regular session at 9:00 a.m. 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 Civil Attorney Buzz Grant, Assessor Jo Gridley,
and Deputy Clerk Barbara Steele.
Motion by Rose, second by Shaw, to recess as a Board of County Commissioners and
convene as a Board of Equalization.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Civil Attorney Grant stated the burden of proof is on the taxpayer to provide
evidence that the assessments should be reduced.
The Elk Valley Ranch Subdivision appeals were discussed. The appeals involved
were from Goll Enterprises, LLC, David R. & JoAnn Gentry, Robert F. & Molly K.
Boyle, and Elk Valley Ranch, Inc. The definition of an arms length transaction
and a fire sale was discussed.
Motion by Rose, Second by Shaw, on RP002490010690A, Goll Enterprises, LLC, to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.
Motion by Rose, second by Shaw, on RP002490010630A, David R & JoAnn Gentry, to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.
Motion by Rose, second by Shaw, on RP002490010320A, Robert F. & Molly K. Boyle,
to uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.
Motion by Rose, second by Shaw, on RP002490010490A, Elk Valley Ranch, Inc., to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.
Motion by Rose, second by Shaw, on RP002490010400A, Elk Valley Ranch, Inc., to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.
Motion by Rose, second by Shaw, on RP002490010530A, Elk Valley Ranch, Inc., to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.
Motion by Shaw, second by Rose, on RP01S04E020060A, Lon and Mary Botts, to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, on RP01S04E020080A, Lon and Mary Botts, to
uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Shaw, on RPB0159001001CA, Lerry A & Janice R. Heath,
to uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, on RP002490010320, Howard D. Cronk Family
Trust, to uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, on RP002040020060, John Boguslawski, to uphold
the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, on RPB0049012007A, Dennis Laib, to uphold the
Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, on RPB00990260011A, Dennis Laib, to uphold the
Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, on RPB0099026007A, Dennis Laib, to uphold the
Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The Northpark Limited Partnership and Northpark Limited Partnership II appeals
were discussed.
Motion by Cruser, second by Rose, on RPA0076000077C, Northpark Limited
Partnership, to uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Shaw, on RPA0076000078A, Northpark Limited
Partnership II, to uphold the Assessor’s assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The appeal from Michael Jones was discussed. The information Mr. Jones provided
regarding the land lock status of the property was discussed.
Motion by Shaw, second by Cruser, on RP01S04E038410, Michael Jones, allow a 10%
decrease in the value due to the inaccessibility. Current assessment is
$149,396.00, the new assessment would be $134,456.00.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, on RP04S05E160010A, John Falk Oppenheimer, to
uphold the Assessor’s office assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Discussion followed on the Paula Kae, LLC., appeal and establishing a value on
commercial property. More information is being provided by Mr. McCurry and a
decision will be made later in the day.
Danskin Properties, c/o Barbara Waite, was the next appeal that was discussed. A
fax was received but did not show proof that the property is unbuildable.
Motion by Cruser, second by Shaw, on RP001970010190A, Danskin Properties, to
uphold the Assessor’s office assessment.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to recess as a Board of Equalization, and
reconvene as a Board of County Commissioners.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Beth Westerwelle, Growth and Development Planner 1, appeared before the Board
regarding the Letter of Information (LOI), applicant Cynthia A. Terriberry and
Gerald A. Kencke. Discussion followed. Motion by Rose, second by Shaw, to
approve the Letter of Information for Cynthia A. Terriberry and Gerald A. Kencke.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to recess for lunch.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Prosecutor Tina Schindele advised the Board on hearing procedures regarding a
request for an extension of a preliminary plat. Beth Westerwelle, Growth and
Development Planner 1, was also present and reviewed the procedure of an
application for a preliminary plat.
Motion by Rose, second by Shaw, to go into Executive Session pursuant to I.C.
67-2345(d) to meet with Social Services Director Marianne Bate to discuss
Indigent applications. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - ABSENT Motion carried and so ordered.
K-06-09-01 Motion by Rose, second by Cruser, to deny as incomplete, the County
may not be the last resource, the County is unable to investigate as no release
was signed and applicant is deceased. The Applicant’s sister and the Hospital
did not follow through on the application.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered
K-03-09-07 Motion by Shaw, second by Cruser, approve on reconsideration with
reimbursement order of $100 per month and 50% of income tax returns with review
in 6 months.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw to approve the minutes for June 15, 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
$423,824.77.
ROSE - AYE
SHAW - AYE
CRUSER - ABSENT Motion carried and so ordered.
Motion by Rose, second by Shaw, to approve the catering permit for Carmela
Winery and Golf Course in Glenns Ferry for the Three Island Park Crossing.
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 $2,722.78. Pine Resort LLC $650.00, Norco $307.86, Hiler Brothers $9.48,
Intermountain Communications $59.00, Alexandria Baldwin $800.00, Katherine
Baldwin $300.00, Barbara DeMott $100.00, Idaho Power $44.17, and Schwab Tire
$452.27.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to approve the payroll for June, 2009 in the
amount of $391,131.19.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to accept for the record only the Recorder’s
Office Report, Clerk’s Bond Report and Treasurer’s Office Report.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to approve the Public Defender’s Contract in the
amount of $416,981.00 (check amount) for fiscal year 2010.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to add the Findings of Facts and Conclusions of
Law to the agenda for the Bermensolo, Inc. LOI appeal.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to sign the Findings of Facts and Conclusions of
Law regarding the Conditional Use Permit for a 4-Lot Letter of Information,
applicant Bermensolo, Inc., appealed by Mountain Home Rural Fire Protection
District.
ROSE - AYE
SHAW - 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 job interviews. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
At the hour of 4:07 p.m. in the Commissioners Room, basement of the Elmore
County Courthouse, 150 South 4th East, Mountain Home, Idaho, a continuation of
the June 8, 2009 public hearing was held to hear additional 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 testified that the City and the County have the last word in the
rezone request.
Bonnie Harper representing the City of Mountain Home stated the City was
concerned about the Airport Hazard Zone. They support Mr. Scott’s application
requesting a commercial zone , but they are concerned with the County zoning
that residential is allowed in commercial. The property is at the end of the
flight pattern which is a critical area.
Civil Attorney Grant questioned Beth Westerwelle, Planner 1, Growth and
Development Department, if the FAA had been contacted other than the public
hearing notice being sent to them. Ms. Westerwelle stated no testimony was
received from the FAA and the Department did not contact them further.
The road was discussed. Ms. Westerwelle stated if anything was to be built in
the area the road would have to be paved to meet Highway District standards.
Civil Attorney Grant reviewed the file pertaining to the recommendation of the
Planning and Zoning Commission.
Mr. Scott stated if you pick and dig far enough you can find some excuse to turn
down just about anything and he feels that is being done on the this request.
Civil Attorney Grant stated the arterial road is a requirement of the commercial
zone and that is one of the issues. Discussion followed on a Development
Agreement and the Airport Hazard Zone. Commissioner Shaw stated more research
needed to be done on the permitted uses in the Airport Hazard Zone.
The public hearing was continued to August, 2009. Civil Attorney Grant will
research the current zoning of the property and the uses permitted in the
Airport Hazard and Commercial Zone.
The Board convened as a Board of Equalization and recessed as a Board of
Commissioners.
Jo Gridley, Assessor, appeared and discussion followed on the Paula Kae, LLC
property assessment appeal. Todd McCurry spoke to Assessor Gridley earlier in
the day regarding the agreement on the subject property that has been appealed.
The method used to assess the property was discussed.
Motion by Rose, second by Shaw, on parcel number RPA01060010040A, Paula Kae,
LLC, to reduce the value of the land to $265,837 and $3,207,035 for the
building.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The Board recessed as a Board of Equalization and re-convened as a Board of
County Commissioners.
Motion by Rose, second by Shaw, to sign the Findings of Fact and Order following
public election to dissolve the Tipanuk Rural Fire Protection District.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The Board discussed an interim Growth and Development Director position with
Civil Attorney Buzz Grant. Hiring an Building Inspector was discussed.
At 6:38 p.m., motion by Shaw, second by Cruser, to adjourn.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA PLUMMER, Clerk
