COMMISSIONERS MINUTES                                January 11, 2010



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 Chairperson Connie Cruser and Commissioner Arlie Shaw. Commissioner Larry Rose was absent due to a medical appointment. Also present was Civil Attorney Buzz Grant and Deputy Clerk Barbara Steele.

Motion by Shaw, second by Cruser, to approve the minutes of January 4, 2010.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Motion by Cruser, second by Shaw, to approve the payroll for December 2009 in the amount of $370,266.71.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Motion by Shaw, second by Cruser to approve the expenses in the amount of $305,599.85. Discussion followed.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the Ambulance District expenses in the amount of $4,617.78. Pine Resort LLC $650.00, Norco $191.52, and Les Schwab Tires $3,776.26.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Motion by Shaw, second by Cruser, to approve the Recorder’s Office Report, Clerk’s Bail Bond Report and Treasurer’s Office Report for the record only.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Commissioner Shaw read the Certificates of Residency into the record: Esteban M. Santos, Kelsey M. Sands and Adelia Joanne Loomis. Motion by Shaw, second by Cruser, to approve the Certificates of Residency as read.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.


Amber Sloan, employee from the Treasurer’s Office, appeared and the AFLAC Flexible NOW card was discussed. The Commissioners asked Ms. Sloan to let the AFLAC representative know that this year the program is not an option, but to revisit the issue before the budget process is started for next year.

Motion by Shaw, second by Cruser, to pay the Elmore Soil & Water Conservation District the allotted yearly donation of $6,500.00.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Commissioner Shaw stated when the budget session for the next year begins, and if more cuts are necessary, then the organizations the County makes donations to need to be reviewed.

Alan Christy, Growth and Development Director, appeared and discussion followed on invoices received from the City of Mountain Home for the use of the City’s inspector during the time the County was short a building inspector. Commissioner Shaw will check with the City regarding the invoice. The application for a Planning and Zoning Commission member was discussed. The Commissioners reviewed the new Planning and Zoning Commission Member application and approved the content. One publication will be in the Mountain Home news stating what the new procedure will be for applying to the Planning and Zoning Commission, and the application will be on the county’s website. Conditions for fencing in open range areas were discussed. The current building permit fee for wind turbines were discussed. Mr. Christy stated he would be attending the Regional Directors meeting next Thursday in Twin Falls.

Planning and Zoning Commission member Alan Sobtzak joined the meeting. Residency was discussed. Mr. Sobtzak purchased a home in Ada County, owns a home in Elmore County, and is currently living in both houses. Mr. Sobtzak stated he would be filing a homeowners exemption on the house in Ada County. Discussion followed on the County’s requirements to be a Planning and Zoning Commission Member.

Mr. Christy informed the Board a new planner will be hired for the Planned Unit Developments. Concerns were discussed regarding Planning and Zoning Commission members attending Elmore County Commissioner appeal hearings. It was decided they should not attend.

Martin Beach and Larry Hall, Mountain Home Highway District Board members, appeared to discuss winter road maintenance on Fall Creek Road and Blacks Creek Road. A Mountain Home Highway District resolution was given to the Commissioners regarding the snow removal and sanding policy for the Mountain Home Highway District signed in May of 2005. Discussion followed on what roads will be maintained and why some roads will not be maintained. The Blacks Creek Road is a priority 3 and will still be maintained. Safety reasons were stated for no winter maintenance on the Fall Creek Road.

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

At 1:30 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Shaw, second by Cruser, to meet with Social Services Director Marianne Bate. Roll call vote was taken.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Regular session resumed. The following decisions were made:

K-12-09-02, Motion by Shaw, second by Cruser to approve the application with a reimbursement of $50.00 per month and payment of 50% of Federal and State income tax returns.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

K-12-09-03, Motion by Shaw, second by Cruser to deny as incomplete application
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

K-08-09-04 Motion by Shaw, second by Cruser to approve the Findings of Facts, Conclusions of Law.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Hours and wages regarding the hiring of a drug court employee were discussed.

Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(b) to discuss a personnel matter with the Assessor. Roll call vote was taken.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Regular session resumed. No action was taken as result of the Executive Session.

Clerk Plummer asked if the Commissioners would like to have a representative come and make a presentation on an occupational health program regarding work related injuries. The Commissioners replied yes.

Clerk Plummer stated a new program regarding recording documents, introduced by a company named Simplify, was being investigated for her office to use. The proposed Personnel Policy was discussed and Clerk Plummer stated it is almost finished and will present it at one of the Elected Officials meeting.

A recess was taken.

Regular session resumed.
At the hour of 4:00 p.m. a public hearing was held to hear testimony on an appeal from Jon McDaniel on a decision made by the Planning and Zoning Commission to deny an application to amend a conditional use permit for a 4-Lot Letter of Information in an Agriculture Zone. Location of proposal: Township 1 South, Range 5 East, Section 34, B.M. A more common means of locating this site is from the intersection of East Jackson St. and North 2nd East, proceed north for 3.8 miles, turn left on Ditto Creek Road, and proceed for 9.6 miles. Turn onto Ditto Creek, the property is located on the left hand side of the road approximately ¼ of a mile.

Beth Westerwelle, Planner 1, Growth and Development Department, appeared and gave the Commissioners a staff report on the appeal. Mr. McDaniel applied for a Conditional Use Permit (CUP) on December 11, 2007 for a 4-lot letter of information. There was a public hearing on April 16, 2008. At this public hearing Mr. McDaniel presented the 4-lot letter of information with a road. The CUP was granted with the following condition: Develop CCRs which states the landowners will be responsible to maintain the part of the perimeter fence on their property that surrounds the subdivision. The FCO was signed on May 1, 2008. Mr. McDaniel would like to amend the CUP to have flag lots instead of having a road to access the back lots. Mountain Home Highway District has submitted a letter agreeing to the flag lots, if the 2 flag lots would be together with a common 60 foot approach onto the road making a total of 3 approaches onto Ditto Creek Road. Oasis Rural Fire Department has submitted a letter stating they wish the 2 back parcels to be served by one, 25 foot wide all weather road capable of supporting 75,000 lbs. Further it would end with a 120 foot Hammerhead, 60 foot “Y” or 96 foot diameter cul-de-sac. At the public hearing meeting that was held on November 4, 2009, the Planning and Zoning Commission moved to deny the amending of the Conditional Use Permit. The appeal from Jon McDaniel was filed on November 30, 2009.

Jon McDaniel, 5295 Hidden Springs Dr., Boise, Idaho, appeared and stated at the public hearing before the Planning and Zoning Commission, the Staff report recommended approval and when the vote was called, discussion followed with the Commission members commenting on the verbage “all driveways shall be constructed to same standards as private street construction standards with the applicable highway district”. The vote was taken and the amendment was denied. Mr. McDaniel stated he spoke to the previous Growth and Development staff regarding flag lots but decided to make the application with a road included. Mr. McDaniel explained the process he went through when he developed the lot splits. Due to the economy, decreased value of property, and the increase of building a road Mr. McDaniel decided to request an amendment to his CUP. Mr. Daniel explained compaction testing is very expensive. Chairperson Cruser asked Mr. McDaniel to draw a map that explains the placement of the roads which Mr. McDaniel did. Mr. McDaniel reviewed the agencies he has spoke to regarding the road issue. Mr. McDaniel spoke of upcoming legislation regarding roads stating parcels over five acres in unincorporated areas would be exempt from water standards (sprinklers) and access. Washington County is looking to adopt the International Wild Land Urban Interface Code.

Commissioner Shaw questioned the County’s 2006 Ordinance regarding roadways, and asked if the County has adopted the 2006 fire code. Mr. Christy, Growth & Development Director stated no the County has not adopted the 2006 fire code.

William Kelly, Oasis, Idaho, currently an Oasis Fire District Commissioner, stated there is much growth in the area, however the developers do not want to put in roads that are safe. Safety is an issue with the Fire Department and they would like to see better roads. When people build on the back side of their lots they don’t realize the hazards regarding fire protection. Mr. Kelly stated the fire district stands in opposition of Mr. McDaniel’s request.

Mr. Christy, explained the International Fire Code and the Elmore County Road Ordinance. Mr. Christy asked the Oasis Fire District what equipment they currently have. Mr. Kelly listed the equipment the Fire District owns: Two wild land fire vehicles, one brush truck, 2 ambulances, and a structure fire fighting rig.

Bob Ruth, Fire Chief of the Oasis Fire District, appeared and gave more of an explanation of the vehicles the District has along with the intent to obtain a water tender. Mr. Ruth stated these vehicles are heavy and spoke in opposition to the amendment.

Guy Burnham, Mtn Home, Idaho, stated he was also a fire fighter with the Oasis Fire District. Mr. Burnham stated the letter that was submitted from the Oasis District referenced the statement “We would like to see these roads built to the 2006 International Fire Code Standards”. The District would be happy with that at a minimum, but do not want to dictate to the County what the road standards should be. Mr. Burnham stated they do fight structure fires but are not trained to go into burning buildings to fight them from inside. Mr. Burnham explained how a fire would be fought and why roads are so important. Compaction testing was discussed.

Jon McDaniel rebutted the testimony given, stating he understands the concerns over roads, and that the legislature will have to address the road issue. Mr. McDaniel addressed the concerns brought up by the individual testimony in opposition. Mr. McDaniel stated he feels the fire issue and safety concerns are not the argument for today. Mr. McDaniels stated there are not any standards from the Mountain Home Highway District for drive-ways and the State has no definition for an all weather road according to two different fire marshals.

A small discussion followed on what Elmore County’s road requirements are.

The Public Hearing was closed and the matter was taken under advisement.

Motion by Cruser, second by Shaw, to recess as a Board of Commissioners and convene as a Board of Equalization.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Carol Woods, Chief Deputy, Assessor’s office was present. No other parties were present.

Motion by Cruser, second by Shaw, to recess as a Board of Equalization and to reconvene as a Board of Commissioners.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

The public portion of the meeting was held.

Collette Boguslawsky and John Boguslawsky, from Fall Creek, Idaho, Carlene Braithwaite, Prairie, Idaho, and Randy Dumars, Mtn Home, Idaho, came before the Board to discuss the Blacks Creek Road and the Fall Creek Road maintenance situation. Ms. Braithwaite reviewed how the residents were informed of the Blacks Creeks Road and Fall Creek Road road maintenance changes and how it affects the residents in the area. Discussion followed on the different reasons that have been given by the Mountain Home Highway District for the change in maintenance. Discussion followed on the fact that the Fall Creek Road has been plowed for the last seven years, homes have been built in the area based on winter access, and now they don’t have that access. Mr. Boguslawsky stated the road is not closed, but it is not passable. The group thanked the Commissioners for listening to their concerns and stated they know this is a Highway District issue.

Ed Walters, El-Whyhee Hi-Lites, appeared and discussion followed regarding the expenditures of the E-911 funds. Mr. Walters questioned who receives the donation to the Mountain Home Visitors Center. The Commissioners replied the check is payable to the Visitors Center or the Chamber of Commerce.

Motion by Shaw, second by Cruser, to adjourn at 6:31 p.m.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

/S/ CONNIE CRUSER, Chairperson
ATTEST: /S/ MARSA PLUMMER, Clerk