Commissioner's Minutes

COMMISSIONERS MINUTES September 28, 2009

The Elmore County Commissioners met in regular session on the above date at 9:00 a.m. 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 Rose, second by Cruser, to approve the minutes for September 21, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve the expenses in the amount of $118,508.26.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Marty Jones, Central District Health, appeared and discussion followed on the Glenns Ferry Landfill/Transfer Facility. A meeting has been scheduled for September 30, 2009 at 1:00 p.m. at the Glenns Ferry Landfill to meet with the Department of Environmental Quality. The flu season was also discussed.

General discussion on current activities followed. Commissioners Cruser reported on the proposed purchase of a new ambulance and information received at the Idaho Association of Counties Conference regarding further budget cuts.

The Department Heads met for their regular monthly meeting.

Dan Collins, Plant Facilities Manager, appeared and discussion followed on the energy grant for a new boiler for the Courthouse. Flu shots for County employees were discussed. Commissioner Cruser will inquire on when the shots will be available.

Wade Baumgardner, Veterans Service Officer, appeared and gave the Commissioners a written report of the activities in the office. Twenty-four Veterans and spouses of deceased veterans have been helped since the last Department Head meeting. The proposed “Outreach Clinic” to be opened in Mountain Home was discussed. Mr. Baumgardner reported on the Service Officers Training School and the Idaho Women’s Veterans Conference.

Monica Bowden, Juvenile Probation Department, appeared and gave a report on the Department. Discussion followed on programs for Juveniles.

Mir Seyedbagheri, Extension Agent, appeared before the board and handed in a summary of accomplishments for the month of September. The accomplishments included nine administrative meetings on agricultural, weed, pest, and mosquito related programs and policies. Also included in the summary was evaluating alfalfa research plots for Clover Root Curculio (an insect) and responding to 165 commercial and urban horticultural calls to diagnose plant samples and identify insects.

Jennifer Crogg, Adult Misdemeanor, appeared and a revenue report was reviewed for the Department.

Motion by Cruser, second by Rose, to add the Intermountain Facility Agreement to the agenda as the effective date on the agreement is October 1, 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the Intermountain Facility Agreement between Elmore County and BHC Intermountain Hospital, Inc., d/b/a Intermountain Hospital to hold, evaluate, rehabilitate, and provide care and treatment for the mentally ill and gravely disabled.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Tony Powers, Eric Bohn, and David Ozmer, representing Northwest Securities, appeared and discussion followed on a proposal for the Sheriff’s Department video surveillance system. Sheriff Rick Layher, Jail Captain Lynn McCallum and Deputy Martinez joined the meeting. The proposal was reviewed and discussed as to whether there should be a maintenance contract or just an hourly rate. A lengthy discussion followed on security cameras.

The insurance coverage the County currently has with Idaho Counties Risk Management Program (ICRMP) was discussed in reference to coverage under the Terrorism Risk Insurance Act. ICRMP has purchased excess insurance for Members of ICRMP in the amount of twenty million dollars per year. If the County elects to purchase additional insurance the cost would be $21,643.00 per year.

Motion by Rose, second by Cruser, to sign the letter to reject coverage under the Terrorism Risk Insurance Act.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Sheriff Rick Layher was still present and reimbursement for food and clothing for Elmore County Employees was discussed.

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

Regular session resumed. Clerk Marsa Plummer was present.

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 applications. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. The following decisions were made:

K-03-09-04 Motion by Cruser, second by Shaw, to deny as applicant is not indigent and applicant can self pay over a five year period.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-07-09-01 Motion by Shaw, second by Cruser, to approve with a reimbursement order of $50.00 per month, re-evaluate the case in 6 months and add to the reimbursement order payment to the County from income tax returns/refunds.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-08-09-07 Motion by Shaw, second by Cruser, to deny as not indigent, unsure of residency, and applicant has not been cooperative.
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 a hearing of reconsideration on indigent case K-12-08-03. Roll call vote was taken.
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, Clerk Marsa Plummer and the applicant. The case was reviewed.

Regular session resumed. The following decision was made:

K-12-08-03 Motion by Shaw, second by Cruser, to close the hearing and take the case under advisement.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the Certificates of Residency into the record: Kateera Tennille Hedelius, Jaclyn Marie Lasuen, Brianna Dawn Loftus, Brock E. Morris, Damian Soliz, Devan Thomas Wilkinson, and LaDonna Marie Withers. Motion by Rose, second by Shaw, to approve the Certificates of Residency as read.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The chart submitted by Alan Christy, Growth and Development Director, showing proposed increases in Growth and Development fees was briefly reviewed.

The addition to the Emergency Services Building was discussed. Building Official Bob Winterfeld was phoned and asked to come to the meeting.

Motion by Rose, second by Shaw, to accept and set the Taxing District Levies for 2009.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Shaw, to approve the Community Rating System Annual Recertification regarding flood insurance.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The Elected Officials monthly meeting was held.

Present were Assessor Jo Gridley, Sheriff Rick Layher and Chief Deputy Teri Lasuen, Treasurers Office. Civil Attorney Buzz Grant and Clerk Marsa Plummer were also present. The projected shortfall in revenues and suggestions on how to reduce budgets were discussed. Reducing paid holidays from 10 to 7, reducing the hours worked per week and furloughing employees. Commissioner Cruser stated the County does not have to fund the Historical Society, Fair, Extension Office, Soil Conservations Districts, Animal Damage Control, etc. The County is not required to provide vacation leave, sick leave, health insurance and retirement benefits. The need for the Glenns Ferry office and Courthouse Security was reviewed. The County Christmas party was discussed. The County will not fund a Christmas party this year and possibly having a pot luck, or dinner at the Elks paid by the employee was discussed.

A public hearing was held at 4:40 p.m. to hear public comment on an Ordinance known as the Elmore County Uniform Address and Roadway Naming Ordinance, for the purpose of providing a uniform addressing grid and roadway naming system to aid local emergency vehicles in the Countywide Enhanced 9-1-1 Program, and for the proper administration and enforcement of these systems. This Ordinance shall apply to all lands within the unincorporated areas of Elmore County, and to such incorporated cities as may adopt it.

Traci Lefever, E-911 Coordinator, Vicki Smith, E-911 Board Member, and Mike McCain, City of Mountain Home Building Official, were present.

Commissioner Cruser discussed one part of the Ordinance that states the Committee may bill the property owner any costs incurred by it to insure that the standards of this Ordinance are met. A lengthy discussion followed on that issue.

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

Motion by Shaw, second by Rose, to approve the Elmore County Uniform Address and Roadway Naming Ordinance No. 2009-5. Discussion followed and Commissioner Cruser stated she supported the ordinance but not that portion of the Ordinance regarding billing residents for any costs incurred to insure the standards of the Ordinance are met.
ROSE - AYE
SHAW - AYE
CRUSER - NAY Motion carried and so ordered.

ORDINANCE NO. 2009-5

THE ELMORE COUNTY UNIFORM ADDRESS
AND ROADWAY NAMING ORDINANCE

Table of Contents

1. Short Title, Purpose and Applicability
2. Authority
3. Roadway Name Committee
4. Definitions
5. Approvals Required
6. Designation of Roadway Names
7. Subdivisions
8. Changes in Roadway Names
9. Address Numbering
10. Roadway Name Signs
11. Conflicts
12. Fees
13. Violations and Penalties
14. Revocation of Prior Ordinance

Section 1: SHORT TITLE, PURPOSE AND APPLICABILITY:

This Ordinance shall be known as the ELMORE COUNTY UNIFORM ADDRESS AND ROADWAY NAMING ORDINANCE, and is adopted for the purpose of providing a uniform addressing grid and roadway naming system to aid local emergency vehicles in the Countywide Enhanced 9-1-1 Program, and for the proper administration and enforcement of these systems. This Ordinance shall apply to all lands within the unincorporated areas of Elmore County, and to such incorporated cities as may adopt it.

Section 2: AUTHORITY:

This Ordinance is authorized by Article XII, Section 2 of the Idaho Constitution and Idaho Code §§ 40-604(10) and 67-6518.

Section 3: ROADWAY NAME COMMITTEE:

There shall be established and appointed by the Board of County Commissioners, an Elmore County Roadway Name Committee that shall be empowered to exercise the powers of the Board delegated to them by this Ordinance. The Committee shall consist of at least thirteen (13) members, who shall serve for terms of four (4) years. The Committee members, except for government employees and members receiving compensation from another government source, shall be compensated for mileage to attend meetings at a rate set by the Board of County Commissioners. All members of the Committee, except for those representing public safety or government bodies, shall have been a resident of Elmore County governed by this Ordinance for at least two (2) years before being appointed to the Committee. The Roadway Name Committee is authorized to adopt by-laws and administrative rules to govern application of the Ordinance and its procedures. However, all such by-laws and administrative rules shall be approved by the Board of County Commissioners, subject to any statutory or constitutional procedural requirements, before taking effect. The Committee shall meet on the first Tuesday of each month when a roadway name request has been made or other issues need to be discussed. If no requests or issues need discussion, the meeting shall be canceled. Attendance of at least six (6) members will constitute a quorum. A quorum must be established in order for the Committee to render a decision on any request or issue. The Committee shall comply with the Idaho Open Meeting Law regarding posting of notice of the meetings and posting an agenda.

Section 4: DEFINITIONS:

BOARD The Board of County Commissioners for Elmore County, Idaho.

COUNCIL The City Councils of Elmore County communities.

COMMITTEE The Elmore County Roadway Name Committee (defined below)

COMMON A means of vehicular access serving three or more dwellings that
DRIVEWAY has an approach to a public road or connects to a private road. Common driveway names shall be approved by the Committee.

COMMUNITY Elmore County is divided into ten (10) communities for roadway naming and emergency purposes. These are Atlanta, Chattin Flats, Mayfield, Pine/Featherville, Prairie, Tipanuk, Mountain Home, Glenns Ferry, Hammett and King Hill. A map showing these community boundaries shall be stored in the office of the Elmore County E 9-1-1 Coordinator.

CUL-DE-SAC A roadway having one end permanently terminated in a vehicular turn around.

DEVELOPER An individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes applications and initiates proceedings for subdivision of land. The developer need not be the owner of the land, but he shall present proof of representation on behalf of the owner.

DISTRICT Highway District or roadway departments of incorporated cities within Elmore County.

DRIVEWAY A means of vehicular access serving fewer than three dwellings which has an approach to a public road or connects to a private road. Driveways may be named if the committee feels that for safety reasons it is in the best interest of the public to give the driveway a separate roadway name. Driveway names shall be approved by the committee.

DWELLING A habitable structure.

E 9-1-1 That person from Elmore County who has both the responsibility
COORDINATOR and authority for implementing, enforcing and maintaining an addressing and road naming standard as defined by this Ordinance and providing administrative support and technical advice to the Committee.

ELMORE COUNTY A committee appointed by the Board of County Commissioners. It
ROADWAY shall consist of one representative from each of the following
NAME COMMITTEE communities: Mountain Home, Glenns Ferry/King Hill/Hammett, Pine/Featherville/Atlanta, Prairie, Chattin Flats, and Mayfield/Tipanuk, as well as representatives from Public Safety agencies in Elmore County to include the Sheriff’s Office, Emergency Medical Services, Fire, the Elmore County Growth and Development Office, the Elmore County Assessor’s Office, the City of Mountain Home Building Department, the Mountain Home Highway District office or such other individuals from the county as the Board may appoint.

MAY “May” indicates the use of discretion.

OFFICIAL ADDRESS The maps showing all of the roadways within Elmore County with
NUMBERING MAPS the official address numbering grid system and address number ranges. These maps shall be stored in the office of the Elmore County E 9-1-1 Coordinator.

OFFICIAL ROADWAY The list containing the official roadway names within the
NAME LIST incorporated and unincorporated areas of Elmore County. Said list shall be composed of all roadway names having been adopted by resolution of the Board and will include roadway names that have been given official recognition by the Councils. The list shall be stored in the office of the Elmore County E 9-1-1 Coordinator.

OFFICIAL ROADWAY The map(s) showing all of the roadways within Elmore County
NAME MAP with the official name shown thereon. The map(s) shall have been approved by resolution of the Board and shall be stored in the office of the Elmore County E 9-1-1 Coordinator.

PLAT A subdivision plat.

PRIVATE ROAD Means of vehicular access to include a public right of way, which has not been accepted for maintenance by a public highway agency, the name of which shall be approved by the Committee.

PUBLIC ROAD Primary and secondary roads, which provide vehicular access and are maintained by a public highway agency, the name of which shall be approved by the Committee.

ROADWAY Any road, thoroughfare, alley, highway, or right-of-way that provides vehicular and/or pedestrian access. “Roadway” names may include the following terms: Avenue, Boulevard, Circle, Court, Drive, Lane, Place, Road, Street and Way. Roadway includes private roads, public roads, common driveways, cul-de-sacs and driveways.

SERVIENT Property over which a driveway passes, or property served by a
PROPERTY driveway easement.

SHALL “Shall” means that the requirement is mandatory.

ROADWAY NAME Any directional(s), name and designation approved by the Roadway Name Committee or set forth on the Official Roadway Name List adopted by the Board of Commissioners as set forth herein.

SUBDIVIDER See definition of Developer, above.

Section 5: APPROVALS REQUIRED:

A. Before any roadway is named, approval shall be obtained from the Committee or its designee for the roadway name. Official roadway names shall be maintained on an Official Roadway Name Map and on an Official Roadway Name List filed in the office of the Elmore County E 9-1-1 Coordinator.

B. Before any addresses are posted, all persons, firms, corporations and other legal entities constructing new structures or locating or relocating mobile homes, shall obtain approval from the E 9-1-1 Coordinator. The E 9-1-1 Coordinator shall determine the address numbers based on the grid system established for that community.

C. The process for review and approvals required by this chapter are as follows:

1. Proposed names: Application forms for proposed roadway names shall be provided by the E 9-1-1 Coordinator.

2. New Subdivisions: Subdivision Plat maps, with proposed directional’s, roadway names and roadway designations, from the Elmore County Growth & Development Department and from the City of Mountain Home Building Department are provided to the E 9-1-1 Coordinator for approval of the roadway names by the Committee, prior to final plat approval.

3. Roadway Address Numbering for Structures: The application for assigning address numbers is included as part of the building permit process. Elmore County Growth & Development will provide the applicant applying for a building permit the address application form and have the applicant complete the form at the same time the building permit is applied for. Elmore County Growth & Development will forward the address application, with a complete legal description of the parcel and a parcel map or subdivision plat map with the location of the driveway and the structure accurately indicated on the map to the E 9-1-1 Coordinator for address assignment.

D. If, in any instance, the Committee or its designee(s) fail to act or carry out their responsibilities according to the regulations contained herein, the Board may assume the duties of the Committee, as herein specified.

Section 6: DESIGNATION OF ROADWAY NAMES:

A. It is hereby established that the following rules and regulations for the naming of roadways shall apply. The Board, after recommendation by the Roadway Name Committee shall, by resolution, adopt the Official Roadway Name List. The list will be effective as of the date designated in the resolution. All new roadway names or changes to names requested after the effective date set forth in the resolution adopting the Official Roadway Name List and Roadway Name Map shall be established in accordance with the standards and procedures hereinafter set forth. The Roadway Name List and Roadway Name Map shall be amended from time to time as recommended by the Roadway Name Committee. Any amendments shall be effected by adoption of a resolution by the Board.

B. The following standards shall be used in determining and approving roadway names:

1. There shall be no duplication of names by sound or spelling. Differentiation shall not be sufficient by adding on suffixes such as road, street, lane, etc. Existing duplicated names shall be corrected in accordance with this Ordinance.

2. For future roadways, the proposed names shall be submitted to the Committee or its designee for review and approval.

3. For future roadways, no roadway names using personal names shall be approved by the Committee.

4. If a roadway leaves an incorporated city and enters into the county, then the county will adopt the name of the roadway designated by the Committee.

5. When a proposed roadway is in general alignment with an existing roadway, and the proposed roadway is or is planned to be a continuation of the existing roadway, the existing name shall be maintained with the appropriate designation (Street, Drive, Avenue, Way), except as hereinafter described. In the instance of a planned continuation of a roadway, if the Committee determines that maintaining the existing name would create a safety issue then the Committee may choose a different name for the proposed roadway.

6. Where a proposed roadway connects, or aligns with, two different roadways each having different names, the Committee shall decide which name will be used, giving consideration to the length, roadway status, period of usage and number of residents affected.

7. A cul-de-sac of any length shall carry a new name and must be named in accordance with the provisions herein.

8. A meandering roadway shall be identified by the Committee or its designee and be assigned a designation of Way or Drive.

9. Both portions of an L shaped roadway in any platted subdivision shall carry the same name if either leg is one hundred feet (100') or less in length. On land not platted L-shaped roadways shall carry a different name on each leg of the L if there is a definite break in the traffic flow between the legs of the L.

10. The County’s assignment of a roadway name shall not constitute or imply acceptance of the road into any existing highway district’s road maintenance program.

11. All roadways shall be given the prefix North, South, East or West, based on their relationship to the grid system baselines. Exceptions may be made by the Committee only for roads that extend beyond their community grid boundaries.

12. If the Roadway Name Committee determines that a roadway makes a very obvious change in direction, a new roadway name shall be assigned except as provided above for L- shaped roadways. Whenever this situation occurs, the change of the roadway name shall occur at the nearest intersection rather than the point where the direction changes.

13. In general, roadway names shall not be over twelve (12) letters in length including spaces, excluding directional and road designations (e.g. NE, SE, or Dr., Lane, Blvd.), unless otherwise approved by the Committee. All names shall conform to this limitation except where existing names are to be continued due to alignments.

14. The roadway name shall be easy to spell and pronounce. All names must use common spellings. Names shall not contain punctuation, symbols, or special characters or use subjective or complicated words. Names that may be construed as obscene, offensive, spiteful or indicate social bigotry shall not be allowed. No names relating directly or indirectly to ownership of adjacent property will be permitted.

15. The roadway name and address for any dwelling shall be determined by the roadway on which the dwelling fronts. However, in those instances where access is from a different roadway and the dwelling is not visible from the fronting roadway, or if the dwelling is not readily accessible to emergency personnel from the fronting roadway, the roadway name and address will be assigned based on the access roadway.

16. The following designations shall be used in naming roadways.

A. Avenue: A north/south roadway generally running in a straight line.

B. Boulevard: A roadway which is seventy feet (70') wide or greater which is usually split by a raised median strip, usually landscaped, and which consists of four (4) or more lanes.

C. Circle: A roadway with both ends on the roadway of origin.

D. Court: An east/west cul-de-sac.

E. Drive: A roadway generally meandering in an east/west direction or a non-continuing east/west roadway. Also a public, private road or common driveway serving more than two (2) dwellings.

F. Lane: A driveway greater than one thousand feet (1,000’) in length or that provides access to two (2) dwellings and the Roadway Name Committee feels that for safety reasons it would be in the best interests of the public to have a separate roadway name. Also, the Roadway Name Committee may name a driveway less than one thousand feet (1000’) in length if it feels that the view of the dwelling is obstructed in any way and that a separate roadway name would assist in quicker response time in the event of an emergency.

G. Place: A north/south cul-de-sac.

H. Road: A designated roadway which extends through both urban and rural areas. May also be an open, generally public road.

I. Street: An east/west roadway generally running in a straight line.

J. Way: A roadway generally meandering in a north/south direction or a non-continuing north/south roadway.

17. The use of any of the terms above shall be determined and approved by the Roadway Name Committee. The Committee may take into consideration historical factors, including the length of time each roadway had used the name in question, the date of the original dedication of said roadway(s), each roadway’s compliance with this Chapter and any other factor pertinent when considering whether to vary the roadways designation.

C. Specific Procedures and Standards for Private Roads, Common Driveways and Driveways.

1. Applications for private road, common driveway or driveway names shall be submitted by any landowner who has a residence or property on the roadway to the Roadway Name Committee for approval by the Committee. Approved names shall be listed on the Official Roadway Name List and Official Roadway Name Map, designated “P” for private. These procedures shall be used for any road for which a resident or property owner wishes to have a roadway name where the road is not publicly maintained. No privately maintained road may be named unless these procedures are followed and the name is affirmatively approved by the Roadway Name Committee.

2. Private roadway name signs shall be installed by the Committee’s designee. Private roadway name sign materials and installation shall conform to the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) and comply with the relevant highway district’s policy. The sign shall be installed within one hundred twenty (120) days of notice of approval of the roadway name or before any construction starts on any structure accessed by that roadway, whichever is later. In the event that the Roadway Name Committee has recommended that an existing driveway or a future driveway be named, no reimbursement will be required from the applicant for the initial sign materials or installation. Property owners shall bear the cost for sign replacement and installation. If the Roadway Name Committee recommends a private road, common driveway or driveway not be named, no sign may be placed on the road.

3. All signs for private roads, common driveways and driveways shall be on a blue background with a white legend and shall comply with the MUTCD.

Section 7: SUBDIVISIONS:

A. Proposed subdivision roadway names shall be shown on all preliminary and final subdivision plats when submitted to the Elmore County Growth and Development Commission and/or the City of Mountain Home Building Department for review. No preliminary or final plat shall be approved until the names have been reviewed and approved by the Roadway Name Committee.

B. The names of all roadways located within a proposed platted subdivision shall be reserved once the application fee for the preliminary plat has been accepted and the names have been approved by the Roadway Name Committee. The roadway names shall remain reserved during the pendency of the preliminary plat and any extensions granted by the Elmore County Planning and Zoning Commission. The roadway name reservation shall expire upon expiration of the preliminary plat.

C. Approval of a final plat shall constitute approval of all roadway names shown thereon.

D. It shall be the responsibility of the developer to install roadway name signs at each designated location. The developer shall obtain roadway name sign materials and shall be responsible for installation. All roadway name sign materials and installation shall conform to the MUTCD and the relevant highway district’s policy. Signs shall be installed within one hundred twenty (120) days of notice of approval of the roadway name or before any construction starts on any structure accessed by that roadway, whichever is later.

Section 8: CHANGES IN ROADWAY NAMES:

A. Public Roadway Names:

Where necessary or desirable, a majority of property owners within the appropriate community grid system may make application to the Roadway Name Committee to change a name. The Roadway Name Committee may proceed to change a name upon its own application to eliminate duplication, similar pronunciation or spelling or for other reasons relating to public safety.

1. In the case of name changes necessitated by duplication, similar pronunciation or spelling, the Roadway Name Committee shall determine the roadway name to be changed and select the new name to be used. The Committee shall take into consideration the number of existing addresses on the roadway in question, the length of time each roadway has used the name in question, the date of the original dedication of said roadway(s), each roadway’s compliance with this Chapter and any other factor pertinent to resolving the similar pronunciation or spelling. No roadway name(s) may be changed until the proposed name(s) has been checked against the Official Roadway Name List and Official Roadway Name Map.

2. A public hearing shall be held on all proposed public roadway name changes requested by any person or the Roadway Name Committee. The Roadway Name Committee shall forward a recommendation to the Board within thirty (30) days of receiving or initiating a name change request. Within sixty (60) days of the submission of the application to the Roadway Name Committee, the Board shall hold one public hearing on the application for name change. The hearing shall be held after notice according to I.C. § 67-6509. The applicant, if any, shall bear the cost for any notice required by I.C. § 67-6509. The County shall bear the cost for notice for applications initiated by the Roadway Name Committee. For good cause, the time requirement in this section of the ordinance to hold a public hearing may be extended an additional thirty (30) days. Any aggrieved party may challenge an adverse final decision by filing a petition for judicial review to the District Court within twenty-eight (28) days of the issuance of a written decision. The aggrieved party shall bear the cost of filing the petition for judicial review.

3. The Committee and the Board, in considering a request for change, shall take into consideration the intent and purpose of this ordinance, the possible effect of the proposed or existing name on public safety, and whether the proposed or existing name is vulgar, offensive or otherwise not in conformance with community standards.

4. All changes shall be made in such a manner as to create the least possible inconvenience to residents and property owners in the area. No name change shall become effective until at least twenty-eight (28) days after official action by the Board. All residents and affected property owners shall be mailed notification of the Board’s final decision.

5. All roadway name sign materials and installation shall be in conformance with District Policy and the MUTCD. All public roadway name signs shall be green background with a white legend. Sign installation shall be made by the relevant highway district.

B. Private Road, Common Driveway and Driveway Names:

1. Owners of servient property over which the private road, common driveway or driveway or an easement for any of the foregoing passes may make application to create or change a private road, common driveway or driveway name. All servient landowners will be identified by the applicant and confirmed by the E 9-1-1 Coordinator. All servient landowners will be notified in writing of the application proposing the creation of or change in a private road, common driveway or driveway name. All servient landowners shall be notified of all hearings regarding the creation of or change in names. The applicant shall bear the cost of said notifications.

2. The Roadway Name Committee may initiate an application to change a name due to duplication, similar pronunciation, or spelling or for other reasons relating to public safety.

3. With respect to any application, the Roadway Name Committee shall determine the roadway name to be changed and select the new name to be used. The Committee shall take into consideration the number of existing addresses on the roadway in question, the length of time each roadway had used the name in question, the date of the original dedication of said roadway(s), each roadway(s) compliance with this Chapter and anything else pertinent to resolving the similar pronunciation or spelling. In applications for a name change necessitated by duplication, similar pronunciation, spelling or other reasons relating to public safety, no fee shall be charged. In other applications, fees shall be charged as set forth herein. No roadway name(s) may be changed until the proposed name(s) has been checked against the Official Roadway Name List and Official Roadway Name Map.

4. When the Roadway Name Committee files an application to create or amend a private road, common driveway or driveway name, any servient landowner will have ten (10) business days from the date of issuance of the initial notice of the proposed roadway name change to file an objection to the name chosen by the Roadway Name Committee. If an objection is received, the Roadway Name Committee will follow the contested hearing procedure outlined in subparagraph 5 hereafter. If the Roadway Name Committee does not receive any objection(s) within ten (10) days of the date of the notice, the name change shall be effective. Any request to change the name after the effective date of a name creation or change shall comply with the applicant-initiated process set forth herein, at the expense of the applicant.

5. Any contested Committee-initiated application and all applicant-initiated applications shall follow the following procedures. A public hearing shall be held on the proposed application to create or change a private road, common driveway or driveway name. The Roadway Name Committee shall forward a recommendation to the Board within thirty (30) days of receiving an application or an objection to a self-initiated name change request. Within sixty (60) days of the submission of the application to the Roadway Name Committee, the Board shall hold one public hearing on the application for name change. The hearing shall be held after notice according to I.C. § 67-6509. The applicant, if any, shall bear the cost for any notice required by I.C. § 67-6509. The County shall bear the cost for notice for applications initiated by the Roadway Name Committee. For good cause, the time requirement in this section of the ordinance to hold a public hearing may be extended an additional thirty (30) days. Any aggrieved party may challenge an adverse final decision by filing a petition for judicial review to the District Court within twenty-eight (28) days of the issuance of a written decision. The aggrieved party shall bear the cost of filing the petition for judicial review.

6. The Committee and the Board, in considering a request for change, shall take into consideration the intent and purpose of this ordinance, the possible effect of the proposed or existing name on public safety, and whether the proposed or existing name is vulgar, offensive or otherwise not in conformance with community standards.

7. All changes shall be made in such a manner as to create the least possible inconvenience to residents and property owners in the area. No change shall become effective until twenty-eight (28) days after official action by the Board. All residents and affected property owners shall be mailed notification of the Board’s final decision.

8. All roadway name sign materials and installation shall be in conformance with the relevant highway district’s policy and the MUTCD. All private road, common driveway and driveway name signs shall be a blue background with a white legend. Sign installation shall be inspected by highway district personnel for proper construction and placement. All signs on private roadways shall be maintained by the property owners.

Section 9: ADDRESS NUMBERING:

A. All address numbers shall conform to the grid system shown on the Official Address Numbering Maps kept on file in the E 9-1-1 Coordinator’s Office. The general standards to be used in developing an address grid system are as follows:

1. The Atlanta, Mayfield, Pine/Featherville, and Prairie grids shall consist of five (5) grid blocks for each linear mile section, with approximately 1,056 feet between grid lines. The Chattin Flats, Glenns Ferry/Hammett/King Hill grids shall consist of ten (10) grid blocks for each linear mile section, with approximately 528 feet between grid lines. The Mountain Home/Tipanuk grid shall consist of sixteen (16) grid blocks for each linear mile section, with approximately 330 feet between grid lines.

2. A standard of one hundred (100) numbers per grid is hereby established.

3. The Roadway Name Committee shall obtain standardized address numbers. The Roadway Name Committee shall supply a set of address numbers at the time new addresses are assigned under the grid system. All persons, firms, corporations and other legal entities constructing new structures or locating or relocating mobile homes shall be responsible for obtaining and posting address numbers as described in Section 9, Part C herein. No Certificate of Occupancy on new structures shall be granted from the Elmore County Building Inspector or his designee until the requirements herein have been met.

B. All address numbers shall be assigned according to the grid system by the E 9-1-1 Coordinator, at or before the time of issuance of a building permit. No address shall be issued prior to a zoning permit on land not platted or a power release form submitted to the Growth and Development Office with the address application. No other person or organization, public or private, shall assign any address number to any residence, business, industry or other use. (Addresses inside the city limits of incorporated cities shall be issued by the appropriate city designee.)

The following shall be used as a guide in assigning address numbers:

1. Only one (1) number shall be assigned to each business, dwelling unit or other use.

2. Numbers may be assigned to vacant lots within platted subdivisions when an address is needed for purposes such as installation of a power pole or well prior to any construction taking place. Numbers shall be assigned in such a manner that adequate numbers are reserved for possible future development or re-subdivision of such land.

3. All address numbers shall be assigned on the roadway upon which the dwelling fronts, except as required in Section 6, Part B. 15 of this Ordinance.

4. All addresses located on the north or east side of the roadway shall be even numbers. All addresses on the south or west side of the roadway shall be odd numbers. These requirements may be varied in the case of meandering roadways. When a roadway runs in one general direction, the numbers shall not be changed if there is a slight change in direction.

C. Address numbers shall be posted in such a manner as to be clearly visible from the roadway. The numbers shall be at least three and one- half inches (3 ½”) in height and made of reflective material. Numbers should be obtained from the E 9-1-1 Coordinator if possible to ensure standard materials. Address numbers shall be permanently affixed to the structure at a location close to the front door where they are readily visible from the roadway, day or night. If this is not possible, they should be affixed to a permanent post, which is readily visible from the roadway, as near as feasible to the location of the driveway or entryway to the property. The address numbers must be posted within twenty-one (21) days of receiving the notification letter of the new address assignment. All old address numbers must be removed at that time also.

If for any reason the address numbers are not posted in such a manner as described above, the Roadway Name Committee or its designee shall notify the owner of the unmarked structure that he or she has ten (10) business days to post the address number(s) in compliance with this Ordinance. In the event compliance is still not met after the ten (10) day period, the Roadway Name Committee or its designee may post the address numbers on a post as close to the entryway to the property as possible. The Committee may bill the property owner any costs incurred by it to insure that the standards of this Ordinance are met. The Committee reserves the right to pursue any available civil remedies to collect unpaid expenses.

D. Elmore County shall consist of seven (7) grid addressing districts: Atlanta, Mayfield, Pine/Featherville, Prairie, Chattin Flats, Glenns Ferry/Hammett/King Hill, and Mountain Home/Tipanuk. Unincorporated areas are included in these districts.

1. Each address district shall have an initial point where all addresses begin. That point shall be zero.

2. Each initial point will be the point where north, south, east and west designations are established for that addressing system.

E. Existing address numbers not in conformance with the Official Address Numbering Maps may be changed by the Committee or its designee, after giving official written notice at least forty-five (45) days in advance of the effective date of such change to property owners and those local agencies affected by such changes. The number change shall be deemed a final agency action at the expiration of the forty-five (45) day period. The number change will become effective at the expiration of the forty-five (45) day period. The Roadway Name Committee or its designee will complete the physical number change. Any aggrieved person may challenge the final agency decision by filing a petition for judicial review within twenty-eight (28) days of the date the number change becomes final.

Section 10: ROADWAY NAME SIGNS:

A. All public roadway name signs will be on a green background with a white legend and all private road, common driveway and driveway name signs will be on a blue background with a white legend.

B. Roadway name signs shall be placed in the right-of-way. The location of roadway name signs must not obscure vision or pose any potential traffic hazard. At any location where the typical placement of a sign interferes with a safe sight distance, an alternate location must be found.

C. Only those roadway name signs approved by the Roadway Name Committee are allowed at roadway intersections. The County may remove any roadway name sign that does not comply with this ordinance. The County may also remove any roadway name sign displaying unapproved roadway names.

Section 11: CONFLICTS:

In the event this Ordinance conflicts with any other County Ordinance or rule, this Ordinance shall control.

Section 12: FEES:

Fees shall be required to be paid by the applicant when an application is submitted. If the Roadway Name Committee initiates an application, no fee shall be required.

Roadway Name creation or change . . . . . . . . . . $200.00

Section 13: VIOLATIONS AND PENALTIES:

A. Violations:

1. No person shall erect or install a roadway name sign that does not comply with this Ordinance or that has not been approved by the Roadway Name Committee.

2. No person shall remove, alter, change or otherwise deface a roadway name sign that exists in accord with the Official Roadway Name List and Official Roadway Name Map(s).

B. Penalty: Each violation of subsection A above shall be a misdemeanor. Each day that said violation continues shall constitute a separate offense. Each violation shall be punishable as provided in I.C. § 18-113.

C. Civil Enforcement: In addition, this Ordinance is also enforceable by instituting a civil action in district court to enjoin violations or seek any other applicable civil remedy.

Section 14: REVOCATION OF PRIOR ORDINANCE:

This ordinance hereby revokes in full any previous Elmore County Uniform Address and Roadway Naming Ordinance and is in full force and effect upon the date of signing.

Passed and approved by the Board of County Commissioners of Elmore County, Idaho, on this 28th day of September 2009.
/S/ LARRY ROSE, Chairperson
CONNIE CRUSER, Commissioner
/S/ ARLIE SHAW, Commissioner
ATTEST: /S/ MARSA PLUMMER, Clerk

Marsha Sellers and Betty Ashcraft, Elmore County Residents, appeared and discussion followed on the letter received by the Western Elmore County Recreation District from Elmore County Civil Attorney Buzz Grant regarding the County’s position on being the responsible entity on the Environmental Study. Civil Attorney Grant explained the contents of the letter, summarizing that the County is requiring an environmental attorney to review the study. Ms. Sellers gave a brief summary of the project, including the YMCAs involvement, and asked why the County is requiring the review and what position the County was taking on this matter. Commissioner Cruser explained that the definition of responsible entity is the issue. Commissioner Shaw explained why the review by an environmental attorney is being required. Chairman Rose added the County is held responsible to tax payers regarding decisions of this magnitude, and should the County take on other taxing districts responsibilities as the Recreation District has another option. Civil Attorney Grant gave a brief summary of the events that have taken place in the past few months.

Debbie Miller, Assessor’s Office, and Eric Poe, Elmore County Resident, came before the Board. Mr. Poe explained that property he owns did not have a homeowners exemption and his escrow account has been taken into the negative to pay past due taxes. Mr. Poe did file for the 2010 homeowners exemption. Mr. Poe is asking the Board to accept his homeowner’s exemption for the year 2009. The Commissioners explained to Mr. Poe they could not grant the homeowners exemption for 2009. The next step for Mr. Poe would be to file a hardship.

Motion by Shaw, second by Cruser, to adjourn at 6:10 p.m.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

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