COMMISSIONERS MINUTES                                August 17, 2009


The Elmore County 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 and Deputy Clerk Barbara Steele.

Motion by Cruser, second by Shaw, to approve the minutes for July 22, 2009 and July 23, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to approve for the record only the Bail Bond Report for July, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the Ambulance District Expense in the amount of $591.25 to Emergency Med Products.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Sheriff Rick Layher and Chief Deputy Nick Schilz appeared and general discussion followed on current law enforcement issues.

Motion by Rose, second by Shaw, to attend a meeting at the jail regarding the addition to the Emergency Services Building and recess for lunch.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed and the meeting referenced above that was to be held at the jail, was held in the Commissioners Room.

Sheriff Rick Layher, Chief Deputy Nick Schilz, Sergeant Laytreda Schultz, Alan Roberts, Mountain Home Extrication, and Larry Knopp, Architect, joined the meeting. Plans for the addition to the Emergency Services Building were reviewed for the Waterways Department. Once the plans are approved a request for bid will be published. Discussion followed on the repeater on Dog Mountain as it is still being worked on.

Motion by Shaw, second by Rose, to recess for lunch.
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(d) to meet with Social Services Director Marianne Bate to discuss Indigent cases.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed and the following decisions were made:

K-12-08-04 Motion to dismiss by Cruser, second by Rose. Motion amended by Cruser, second amended by Rose, to include in the motion ratification of the release of the lien.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

NM-08-09-03 Motion by Rose, second by Shaw, to approve the cremation in the amount of $750.00.
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 hold an appeal hearing on a repayment amount on case number K-06-09-06.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Civil Attorney Buzz Grant, Deputy Clerk Steele, and the applicant. Questions were asked and answered. The Commissioners deliberated the request to lower the monthly payment.

Regular session resumed.

Alan Christy, Growth and Development Director, appeared before the Board to discuss the Department. Applications will be more strictly reviewed for their accuracy. Land splits were discussed in reference to the new Ordinance and the old Ordinance. Variances were discussed. Department cell phones were discussed.

A small recess was taken.

Regular session resumed.

At 4:00 p.m. a 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.

Stan Scott was present along with Alan Christy, Growth and Development Director, and Beth Westerwelle, Growth and Development Planner 1. A supplemental Staff Report to the Board of County Commissioners was added to the record and given to Mr. Scott. The report was reviewed. Mr. Christy stated if the re-zone was approved, the department would recommend an approved development agreement and certain deed restrictions. The current zoning of the property was discussed. The property was believed to be zoned Light Industrial, however a small strip on the East side is Light Industrial and the rest is zoned Agricultural. Mr. Scott stated he still was requesting a rezone of the property to Commercial.

Bonnie Harper, Mountain Home City Planner, was in attendance and stated there was no further information to add from the City.

Mr. Scott stated the City of Mountain Home told him he could annex the property into the City Limits. Ms. Harper stated there has been no application for annexation and at the time an application was submitted it would be reviewed.

The requirement of the arterial road/thoroughfare for Commercial zoning was discussed.

Motion, by Shaw, second by Cruser, to close the public hearing.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to deny the re-zone from Ag/Light Industrial to Commercial for the following reasons: the airport hazard zone, future land use, an arterial road is required in Commercial areas and the rezone request conflicts with the County’s Comprehensive Plan in reference to Land Use Objectives and Economic Objectives. Discussion followed and Mr. Scott can apply for a Conditional Use Permit for various uses of the property.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Discussion followed on the hearing held earlier in the day regarding a request to lower the monthly payment on Indigent case K-06-09-06.

K-06-09-06 Motion by Rose, second by Cruser, to approve an amended order of reimbursement for $200.00 a month with 50% of both State and Federal income tax returns and to review the case in one year.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to adjourn at 5:01 p.m.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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