COMMISSIONERS
MINUTES February
16, 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 Cruser, second by Shaw, to adjust the agenda as follows: the
deliberations of the McCallum appeals from 11:00 a.m. to 1:30 p.m., change the
Executive Session from 2:00 p.m. to 11:00 a.m. and recognize the cancellation at
9:30 a.m. Roll call vote was taken.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the minutes for February 8, 2010.
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 $1,432.90. Norco $164.92, Katherine Brown $1,200.00 and Idaho
Power $67.98.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve for the record only the Treasurer’s
Office Report.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Correspondence received by mail was reviewed.
Chairperson Cruser read the Certificates of Residency into the record: Taylor G.
Coleman and Tiana M. Stepp. 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.
Motion by Shaw, second by Cruser, to accept the Findings of Facts, Conclusions
of Law, regarding an appeal from Jon McDaniel regarding an amendment to a
Conditional Use Permit for a 4-Lot Letter of Information.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Chairperson Cruser read Resolution No. 433-10 into the record:
RESOLUTION NO. 433-10
ON THIS 16TH DAY OF FEBRUARY, 2010, THE ELMORE COUNTY BOARD OF COUNTY
COMMISSIONERS (“BOARD”) HEREBY RESOLVES THE FOLLOWING:
WHEREAS, the Board has determined that it has two surplus vehicles which have
been previously used by the Elmore County Ambulance Service;
WHEREAS, the vehicles are: 1) a 1997 Ford, VIN# 1FDJE30F1VHA87875; and
2) a 1995 Ford, VIN# 1FDKE30F0SHB52778;
WHEREAS, the Oasis Fire Protection District (“Fire District”) has requested
Elmore County to donate the vehicles to, and for the use of, the Fire District;
and
WHEREAS, the Board has determined that the donation of the vehicles to the Fire
District is in the public interest.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
The Board, pursuant to Idaho Code Section 31-808, has determined that it is in
the public interest of Elmore County to donate the vehicles to the Fire District
and that ten (10) days following publication of notice in the Mountain Home
News, Elmore County shall donate the vehicles to the Fire District and execute
the vehicle titles in favor of the Fire District.
This resolution is dated as of this 16th day of February, 2010.
CONNIE CRUSER, Chairperson
ARLIE SHAW, Commissioner
LARRY E. ROSE, Commissioner
ATTEST: MARSA PLUMMER, Clerk
Motion by Shaw, second by Cruser, to approve Resolution No. 433-10.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Motion by Cruser, second by Shaw, to go into Executive Session pursuant to I.C.
67-2345(a) to interview applicants for the Planning and Zoning Commission.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
Alan Christy, Growth and Development Director, was still present from the
interviews and the Sagebrush Shufflers building was discussed.
Chairperson Cruser read the tax cancellations into the record: No. 1038 -
Various Parcels $81.36 and No. 1037 – 2009 Supplemental Tax Drive (various
parcels) $14.00 for a total of 95.36. Motion by Shaw, second by Cruser, to
approve the tax cancellations as read.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Motion by Cruser, second by Shaw, to recess for lunch.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Regular session resumed. Clerk Marsa Plummer and Commissioner Rose joined the
meeting.
Motion by Cruser, second by Rose, to go into Executive Session pursuant to I.C.
67-2345(a) to discuss the applicants for the Planning and Zoning Commission.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
The deliberation of the seven appeals of the Elmore County Planning and Zoning
applications: LOI-2009-12, LOI-2009-13, LOI-2009-14, LOI-2009-15, LOI-2009-16,
LOI-2009-17, and LOI-2009-18 from Casa Del Norte, LP and Ark Properties, LLC
were held. The Commissioners discussed the nine conditional use permit
conditions, as they have been previously used in decisions regarding Letters of
Information (Lot Splits).
Motion by Rose, second by Shaw, to approve the Letters of Information –
LOI-2009-12, LOI-2009-13, LOI-2009-14, LOI-2009-15, LOI-2009-16, LOI-2009-17 and
LOI-2009-18, Casa Del Norte LP and Ark Properties, LLP, John McCallum, subject
to the condition ‘that the deeds creating lots for the first conveyance disclose
that the property is located in open range and is subject to the rights and
obligations as imposed by State law, along with the right to farm.’
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to go into Executive Session pursuant to I.C.
67-2345(c) to discuss the purchase of property.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.
Regular session resumed. The following action was taken as result of the
Executive Session:
Motion by Rose, second by Shaw, to make an offer on property that was discussed
in the Executive Session.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.
Jo Gridley, Assessor, came before the Board. Assessor Gridley asked that the Arc
Editor invoice be paid before the next bill cycle. Clerk Plummer stated to
submit the invoice and it will be paid. The mapping information and GIS data
from the E-911 office was discussed. The matter will be tabled when all parties
involved can attend to discuss the matter.
Motion by Cruser, second by Rose, to go into Executive Session pursuant to I.C.
67-2345(b) to discuss a personnel issue.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.
Regular session resumed. No action was taken as result of the Executive Session.
A public hearing was held to hear testimony on an appeal of a decision from the
Planning and Zoning Commission to deny an application from Felicia Gartung for a
Conditional Use Permit for a 3-Lot Letter of Information in an Agriculture Zone.
Site is located in the Township 4 South, Range 6 East, Section 7, South East
Quarter Lot 3, Desert Edge Ranch Subdivision, B.M. A more common means of
locating this site is from the intersection of Airbase Road and Highway 51, turn
on to Highway 51. Proceed approximately 2 ˝ miles turn right onto Old Grandview,
proceed approximately 3 miles, the property will be on the left hand side. The
address is 7633 Old Grandview Highway.
Beth Westerwelle, Growth and Development Planner 1, read the staff report in to
the record.
Jim Howard, JJ Howard Engineering, Boise, Idaho, addressed the Board on behalf
of the applicant. Mr. Howard spoke of fire protection and fire access. Mr.
Howard stated he had spoke with Chris Alzola from the Mountain Home Rural Fire
District, and he feels they came to an agreement.
Chris Alzola, Mountain Home Rural Fire District, appeared and stated the
proposed road with a turnaround, or the proposed flag lots, were acceptable to
the District as long as they are built to Highway District standards.
Alan Christy, Growth and Development Director, Chris Alzola and Jim Howard
discussed other options for the road.
Tom Ducharme, Mountain Home Rural Fire District, appeared and stated the fire
districts preference would be a single road with a turnaround that meets the
highway district standards.
Commissioner Rose left the meeting at 3:45 p.m.
Discussion followed on what the Highway District would prefer.
Motion by Shaw, second by Cruser, to continue the public hearing to March 15,
2009 at 3:00 p.m. to receive further testimony from the Highway District.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Growth and Development Director Alan Christy stayed at the meeting and employee
cell phones were discussed.
A small recess was taken.
Judge Hicks came before the Board to discuss the Drug Court Coordinator and a
grant application due by February 19, 2010. Chairperson Cruser asked about the
revenue for the Drug Court program. A phone call was made to Katie in the
Juvenile Probation Department requesting revenue amounts. Katie stated she would
research the request and phone back. Office space for the Drug Court Coordinator
was discussed. Katie phoned and different scenarios were discussed. The
Commissioners agreed to sign the support letter for the grant application.
Motion by Shaw, second by Cruser, to sign a letter of support regarding a grant
application to the Idaho Transportation Department for Drug Court funding.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
The Public Hearing to take corrective action regarding all property tax records
per Idaho Code § 63-810 due to an erroneous levy was held. Tom Kasilometes,
Steve Fiscus and Alan Dornfest representing the State Tax Commission were
present. Other members present in the audience were Assessor Jo Gridley,
Treasurer Rose Plympton, Chief Deputy Treasurer Teri Lasuen, Mayor Tom Rist,
City Clerk Nina Patterson, City Treasurer Paula Szafranski, Ed Walters and Dan
Lasuen.
Alan Dornfest explained that the State Tax Commission determines the operating
values for the various utilities, and then apportions those values to the
various taxing districts. The value that was assigned to the Mountain Home
Highway District was also assigned to the City of Mountain Home. The City of
Mountain Home submitted their budget correctly, and in using the operating value
from the State Tax Commission the levy that was figured was too low. The error
was found by the State Tax Commission on January 26, 2010 and the County was
notified on January 27, 2010. The statute provides that the County Commissioners
have the authority to order the necessary corrections when an error like this is
discovered. The City budget will be shorted roughly $600,000 if the levy is not
corrected. Mr. Dornfest explained the correction to the circuit breaker claims.
Motion by Shaw, second by Cruser, to correct the levy for the City of Mountain
from .006991189 to .008151103.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Mr. Dornfest stated an Order or Resolution needs to be submitted to the State
Tax Commission reflecting the correction. Clerk Plummer stated she would prepare
the requested document.
Commissioner Shaw amended his motion, Chairperson Cruser amended her second, to
include the approval of the Order/Resolution in the motion to correct the City
of Mountain Home’s levy.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
Motion by Shaw, second by Cruser, to adjourn.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.
/S/ CONNIE CRUSER, Chairperson
ATTEST: /S/ MARSA PLUMMER, Clerk
