COMMISSIONERS MINUTES                                March 15, 2010



The Commissioners met in regular session 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 Chairperson Connie Cruser, Commissioners Arlie Shaw and Larry Rose. Also present was Civil Attorney Buzz Grant and Deputy Clerk Barbara Steele.

The juvenile justice budget was discussed. Treasurer Rose Plympton, Monica Bowden, Juvenile Probation and Trecia McCain, Clerk’s office, were present. Discussion followed on the $50,000 transfer from Pilt to Juvenile Justice. The issue will be revisited in the afternoon.

Sheriff Rick Layher and Chief Deputy Nick Schilz appeared before the Board and discussion followed on purchasing tasers. The Drivers License Department was discussed along with the Motor Vehicles Department. The proposed fence at the jail and the security cameras were discussed. Bids are being received. Building an impound lot and the proposed extension to the Emergency Services Building was briefly discussed. The Commissioners were informed that one of the County’s snowmobiles is in need of repair.

The Proposed Emergency Services Building was discussed in more detail along with the proposed ambulance shed. The hospital will be contacted to get their view on adding the proposed ambulance shed to the addition of the Emergency Services Building. The bidding process was reviewed.

Ed Walters, citizen of Elmore County, appeared and discussion followed on a road that intersects with a city subdivision that is not being maintained. The name of the road is Bradford. Further investigation will be done to determine if the road is in the City or the County.

Motion by Cruser, second by Rose, to go into Executive Session pursuant to I.C. 67-2345(b) to discuss personnel issues. Roll call vote was taken.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.

Regular session resumed. Civil Attorney Grant explained the appointment process of Planning and Zoning Commission members referencing I.C. 67-6504 and Elmore County Resolution No. 267-01
The following decision was made:

Motion by Cruser, second by Rose, to appoint Jim Martin to the Planning and Zoning Commission. Discussion followed regarding Nick Nettleton not being re-appointed to the Planning and Zoning Commission. Chairperson Connie Cruser stated this has been a difficult decision and realizes the value of Mr. Nettleton’s experience. A re-appointment would mean Mr. Nettleton would be a 17 year member of the Planning and Zoning Commission. Commissioner Shaw stated he was in favor of re-appointing Mr. Nettleton to the Planning and Zoning Commission. Roll call vote was taken.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.

The letter to the Department of Environmental Quality was discussed. Commissioner Rose will contact Fred Perez, General Manager of Idaho Waste Systems to clarify the content of the letter.

Motion by Cruser, second by Shaw, to approve the minutes for March 8, 2010.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.

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

Commissioner Shaw read the Certificates of Residency into the record: Patrick James Patterson, Laura Ann Oliver, Tiana M. Stepp, Alesha Elizabeth Reetz, and Cody Anthony Ramos. Motion by Rose, second by Shaw, to approve the Certificates of Residency as read.
CRUSER - AYE
SHAW - AYE
ROSE - AYE Motion carried and so ordered.

Civil Attorney Grant questioned the Board about the Hutterman fence violation. The Prosecutor will be contacted.

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

Commissioner Larry Rose was not in attendance.

Regular session resumed and the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Cruser, second by Shaw, to meet with Social Services Director Marianne Bate.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Regular session resumed and the following decision was made:

K-02-10-02 Motion by Shaw, second by Cruser, to deny as the applicant is not cooperating, unable to locate, and unable to determine indigency.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.



Motion by Cruser, second by Shaw, to meet in Executive Session pursuant to I.C. 67-2345(b) to discuss a personnel issue.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT 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 ½ 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. The public hearing was continued from a public hearing held on February 16, 2010.

Present were Chairperson Connie Cruser, Commissioner Arlie Shaw, Civil Attorney Buzz Grant and Clerk Marsa Plummer. Present in the audience were Alan Christy, Growth and Development Director, Beth Westerwelle, Growth and Development Planner One.

Those in favor who signed in were called to speak.

Eric Howard, JJ Howard Engineering, Boise, Idaho, spoke in favor.

Jim Howard, JJ Howard Engineering, Boise, Idaho, spoke in favor.

Those who signed in as neutral were called to speak.

Chris Alzola, Mountain Home Rural Fire District, stated the Fire District had not seen what was just proposed. Ms. Alzola gave an explanation of what had been explained. The approach is going to meet Highway district standards less the asphalt which will consist of one road, 26 feet wide, which will then split to the proposed houses. The road does not have to be built until a building permit is issued.

Alan Christy, Growth and Development Director, stated he would be more comfortable if the road was named and had a user and maintenance agreement.

Tom Ducharme, Mountain Home Rural Fire District, asked about the difference between a road and private driveway. Discussion followed that the road would be a private driveway.

Civil Attorney Grant reviewed ordinance restrictions regarding the County’s Roadway Ordinance, and would the Highway District approve a common access drive such as proposed here. The Highway District did not clearly address the issue. Should the Highway District be asked if they would approve the new design approach? Civil Attorney Grant asked about the sale of the property and the buyers roll in building a road.

Jim Howard, JJ Howard Engineering, spoke and stated disclosure is the key for the buyer.

Felicia Gartung, Mountain Home, Idaho, stated she would do everything in her power to properly disclose to any buyer the building of a road.

Discussion followed on how and when the road would be built and who would be responsible for the cost. Civil Attorney Grant suggested a condition be placed on the construction of the road.

Jim Howard, JJ Howard Consulting, spoke how frustrating this process has become and the additional cost to his client. Civil Attorney Grant replied the conditions would have likely been added at the time of the application as plans keep changing. Discussion followed on what road plan was being reviewed for this appeal, the County’s Ordinance, and Mountain Home Highway District’s rules.

Commissioner Shaw asked if questions could be asked to the growth and Development staff. Civil Attorney Grant asked Mr. Howard if they objected to any questions and he stated no. Commissioner Shaw asked if two separate driveways were required, Mr. Christy stated their road design conformed with the ordinance at that time. Commissioner Shaw asked what was the original problem with the Planning and Zoning Commission at their public hearing? Mr. Christy replied that the Fire District wanted a road to the end of the property with a turnaround. The Planning and Zoning Commission continued the hearing to have the parties resolve the issue. Mr. Christy stated the issue was not resolved and the Planning and Zoning Commission denied the application due to the poor road design, but added they would have approved it if the fire district requirements would have been met. Commissioner Shaw asked why the conflict/resolution couldn’t have been handled at the Planning and Zoning Commission level. A lengthy discussion followed on the events that have taken place up to now.

Continuing the public hearing was discussed. Options were given by Civil Attorney Buzz Grant. Ms. Gartung clarified what she needed to do which would be to redesign the road, have it approved by the Highway District, prepare a restrictive covenant agreement to include the right to farm act, open range, and a shared maintenance easement/agreement on the property regarding the road.

Motion by Cruser, second by Shaw, to continue the public hearing to April 12, 2010 at 3:00 p.m. unless the applicant withdraws their appeal by Friday, March 19, 2010.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Katie Ashby, Drug Court Coordinator, came before the Board to ask where her office would be located. Discussion followed and that is still being determined.

Deputy Clerk Steele presented the Board with a map received from Assessor Jo Gridley regarding the Bradford Street maintenance problem. The street is located in the County.


Motion by Shaw, second by Cruser, to accept the Qualified Planner contract with Jerry Armstrong.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Motion by Shaw, second by Cruser, to sign an agreement with Gil Walker to be the County Surveyor.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

Motion by Shaw, second by Cruser, to accept Aspen Engineering as the County Engineer.
CRUSER - AYE
SHAW - AYE
ROSE - ABSENT Motion carried and so ordered.

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

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