COMMISSIONERS
MINUTES March
22, 2010
The 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, Commissioners Larry Rose
and Arlie Shaw. Also present was Civil Attorney Buzz Grant and Deputy Clerk
Barbara Steele.
Greg Maurer, Tricia Senger, Dale Curran and Deborah Mills, representing Elmore
Medical Center and the Elmore Ambulance Service appeared before the Board.
Discussion followed regarding a letter received from the Idaho Department of
Health and Welfare. The Prehospital Intermediate Life Support (ILS) agency
license is in question. Remedies to the situation were reviewed. The location of
the proposed ambulance shed was briefly discussed. The storage of a county boat
at the Glenns Ferry Ambulance Shed was discussed.
Sheriff Rick Layher, Chief Deputy Nick Schilz, Sgt. Laytreda Schultz, Kayla
Parsons, and Capt. Bob Peace appeared. The Commissioners told Sgt. Schultz to
get the snowmobile repaired. Sgt. Schultz gave the Commissioners information on
the waste collection day.
Jo Gridley, Assessor, joined the meeting.
Sheriff Layher and Assessor Gridley, along with the Commissioners, discussed
combining the Motor Vehicles Department and Driver’s Licenses. Kayla Parsons
came forward and joined the conversation. The possibility of visiting other
counties that have both of the departments combined was discussed. Assessor
Gridley stated she would like both of her offices (Assessor’s Office and Motor
Vehicles) combined before Motor Vehicles and Driver’s Licenses are combined.
More investigation will be done on the matter.
The proposed addition to the Emergency Services Building was briefly discussed
with Sgt. Schultz.
Nathan Cook, representing the Smith Prairie Historical Society, appeared and the
property in Prairie, owned by the County that the Historical Society uses was
discussed. The Historical Society is investigating the cost of insurance if the
County was to deed the property to them. The Historical Society would like the
land they are using to be designated only for Historical Society use if the
property was not deeded to them. The Prairie Quick Response Unit was briefly
discussed.
Motion by Rose, second by Cruser, to approve the License Agreement between
Intermountain Multiple Listing Service and Elmore County.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to recess as a Board of Commissioners and
reconvene as a Board of Equalization.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, to approve the application for property tax
exemption for Templo Sinai, parcel number B0099024001A.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by, Rose, second by Cruser, to approve the application for property tax
exemption for Southern Idaho District Council of Assemblies of God, parcel
numbers B0099017016A, B0099017014A, B0099017011A, and B0070035005A.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to recess as a Board of Equalization and
reconvene as a Board of Commissioners.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Shae Burns, Fair Director, appeared and discussion followed on renewing the
White Knuckle Racing contract. Ms. Burns will get the contract to the
Commissioners for their review. Liability insurance was discussed regarding a
proposed 4-H Show. Possible improvements to the barn at the fair grounds that is
being rented out for various functions was discussed. Selling the ambulance that
the Fair Board owns was discussed. The new part time person who is assisting the
Fair Director and hiring part time help to maintain the fair grounds was
discussed.
Motion by Cruser, second by Shaw, to approve the Certificate of Residency for
James A. Young.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Shaw, second by Cruser, to approve the ambulance district expenses in
the amount of $101.45. Idaho Transportation Dept. $46.00 and Rural Telephone Co.
$55.45.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Shaw, second Cruser, to recess for lunch.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Regular session resumed. Clerk Marsa Plummer was present.
Chairperson Cruser gave a report on the misdemeanor planning committee meeting.
Central District Health is starting to work on their budget and Chairman Cruser
requested no raise or a 1% decrease in their budget request.
Marianne Bate, Social Services Director and Marisela Hurtado, Elmore County
Employee, came before the Board to discuss issues pertaining to indigent cases.
Ms. Bate stated there have been 9 applications for the month of March.
The expenses were discussed. Motion by Shaw, second by Cruser, to approve the
expenses.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A grant for the Extension Office was discussed. The County has to expend funds
and then be reimbursed. Clerk Plummer will investigate the procedure regarding
budgetary matters for the grant.
An expense payable to Public Defender Terry Ratliff on the Martin case was
discussed. The definition between manslaughter and murder was discussed. The
matter will be discussed later in the day.
The resolution to restructure the juvenile funds was discussed. The item will be
placed on the next week’s agenda.
Motion by Shaw, second by Rose, to send a letter to the Hutterman’s regarding a
fence violation.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A public hearing was held to hear testimony on an appeal from Casa Del Norte,
L.P. (John McCallum), File # LOI-2009-26, on a decision by the Elmore County
Planning and Zoning Commission to approve an application for a Conditional Use
Permit for a 4-Lot Letter of Information in an Agriculture Zone with conditions.
The appellant is appealing the condition “Any portion of this letter of
information that is sold, must have a legal perimeter fence, from the
neighboring properties, prior to the issuance of a building permit”. The site is
located in portions of the N ½ NW ¼ of Section 25, and NE ¼ NE ¼ of Section 26,
T5S, R11E, B.M. A common way of locating this property is from the intersection
of Allen Road (Gopher Knoll Road) and Old Highway 30, then travel ¾ of a mile
east on Old Highway 30 to the end of the property;
An appeal from Casa Del Norte, L. P. (John McCallum), File # LOI-2009-27 on a
decision by the Elmore County Planning and Zoning Commission to approve an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone with conditions. The appellant is appealing the condition “Any
portion of this letter of information that is sold, must have a legal perimeter
fence, from the neighboring properties, prior to the issuance of a building
permit”. The site is comprised of four tracts from a segregated portion of
Instrument No. 335844, Elmore County Recorders Office, located in portions of
the NW ¼ of Section 26, T5S, R11E, B.M., South of Old Highway 30, North of E.
Allen Road and west of Gopher Road. A common way of locating this property is
from the intersection of Allen Road (Gopher Knoll Road) and Old Highway 30, then
travel approximately ½ mile west on Allen Road;
An appeal from Casa Del Norte, L.P. (John McCallum), File # LOI-2009-28, on a
decision by the Elmore County Planning and Zoning Commission to approve an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone with conditions. The appellant is appealing the condition “Any
portion of this letter of information that is sold, must have a legal perimeter
fence, from the neighboring properties, prior to the issuance of a building
permit”. The site is comprised of two tracts from a segregated portion of
Instrument No. 335644, Elmore County Recorders Office located in portions of the
NE ¼ NW ¼ of Section 26, T5S, R11E, B.M. A common way of locating this property
is from the intersection of Allen Road (Gopher Knoll Road) and Old Highway 30,
then travel approximately ¼ mile west on Old Hwy 30 Road;
And an appeal from Casa Del Norte, L.P. (John McCallum), File # LOI-2009-29, on
a decision by the Elmore County Planning and Zoning Commission to approve an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone with conditions. The appellant is appealing the condition “Any
portion of this letter of information that is sold, must have a legal perimeter
fence, from the neighboring properties, prior to the issuance of a building
permit”. The site comprised of four tracts from a segregated portion of
Instrument No. 335644, Elmore County Recorders Office, located in portions of
the N ½ NW ¼ of Section 25, and NE ¼ NE ¼ of Section 26, T5S, R11E, B.M.
(Corrected legal description). A common way of locating this property is from
the intersection of Allen Road (Gopher Knoll Road) and Old Highway 30, then
travel approximately ¾ mile east on Old Hwy 30 to the end of the property.
Beth Westerwelle, Growth and Development Planner 1, read the staff report on all
four appeals into the record. Commissioner Rose asked if there was any input
from the Glenns Ferry Highway District and Ms. Westerwelle stated no. Alan
Christy, Growth and Development Director, stated the Highway District signed off
on the original applications.
Hethe Clark, Spink Butler, attorney for appellant, spoke regarding the condition
of approval on the Casa Del Norte applications. Fencing before a building permit
can be issued is unnecessary and expensive. Idaho state law covers the issue,
giving the property owner the choice of fencing out cattle. Mr. Clark stated
they are concerned about the fencing requirement and would ask that the
conditions that were approved with the last set of appeals be the same for these
applications. Discussion followed regarding deed restrictions and Idaho Laws.
John McCallum, Appellant, spoke about laws regarding the intrusion of cows on
property.
Nick Nettleton, Glenns Ferry resident, appeared and stated his property does not
border these Letters of Information. Mr. Nettleton spoke regarding open range.
Deed restrictions were discussed. Mr. Nettleton stated he preferred a fence.
Mr. Clark spoke again about State Laws regarding fencing out animals. Deed
restrictions were discussed. Civil Attorney Grant explained restrictive covenant
notices.
Deed restrictions were discussed. Civil Attorney Grant explained restrictive
covenant notices. Mr. Christy stated a possibly note on the recorded survey
would be acceptable. Mr. McCallum, appellant, stated he does not feel any
notification should be required, although the right to farm act would be
acceptable on the deeds. Mr. Clark stated language is already on the records of
survey for the first seven appeals.
Motion by Rose, second by Shaw, to approve the Letters of Information,
LOI-2009-26, LOI-2009-27, LOI-2009-28 and LOI-2009-29, on the Casa Del Norte
Properties with the condition that the deed creating each lot or the first
conveyance, which ever is recorded first, shall disclose that the property may
be subject to right to farm statutes and may be located in open range and as
such all owners are put on notice of, and shall be subject to, the rights and
obligations as imposed by state law and it be placed on the record of survey.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
Motion by Rose, second by Shaw, regarding the conditions placed on the Letters
of Information: LOI-2009-26, LOI-2009-27, LOI-2009-28, LOI-2009-29, the property
does not have to have a legal perimeter fence prior to issuing a building permit
as it is in open range.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A public hearing was held to hear testimony on an appeal from Ark Properties,
LLC (John McCallum), File # LOI-2009-19 on a decision by the Elmore County
Planning and Zoning Commission to deny an application for a Conditional Use
Permit for a 4-Lot Letter of Information in an Agriculture Zone. The site is
located in the NE ¼ SW ¼ and that portion of the NW ¼ SW ¼ lying north of
Bennett Road, Section 5, T5S, R9E, B.M. A common way of locating this property
is from the intersection of Hammett Road and Old Oregon Trail, travel ½ mile
east on Bennett Road to the end of the property;
An appeal from Ark Properties, LLC (John McCallum), File # LOI-2009-20 on a
decision by the Elmore County Planning and Zoning Commission to deny an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone. The site is located in the NW ¼ NE ¼, Section 12, T4S, R8E,
B.M. A common way of locating this property is from the intersection of Ryegrass
Road with Ross Road, then 1 mile north on Ross Road, land is west side;
An appeal from Ark Properties, LLP (John McCallum), File # LOI-2009-21 on a
decision by the Elmore County Planning and Zoning Commission to deny an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone. The site is located in the NE ¼ NE ¼, Section 12, T4S, R8E,
B.M. A common way of locating this property is from the intersection of Ryegrass
Road with Ross Road, then 1 mile north on Ross Road, land is east side;
An appeal from Ark Properties, LLC (John McCallum), File # LOI-2009-22 on a
decision by the Elmore County Planning and Zoning Commission to deny an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone. The site is located in the SW ¼ NE ¼, Section 12, T4S, R8E,
B.M. A common way of locating this property is from the intersection of Ryegrass
Road with Ross Road, then ¾ mile north on Ross Road, land is west side;
And an appeal from Ark Properties, LLC (John McCallum), File # LOI-2009-23, on a
decision by the Elmore County Planning and Zoning Commission to deny an
application for a Conditional Use Permit for a 4-Lot Letter of Information in an
Agriculture Zone. The site is located in the SE ¼ NE ¼, Section 12, T4S, R8E,
B.M. A common way of locating this property is from the intersection of Ryegrass
Road with Ross Road, then ¾ mile north on Ross Road, land is east side.
Beth Westerwelle, Growth and Development Planner 1, gave the staff report on all
the Letters of Information. Discussion followed on the Highway District and Fire
protection.
Hethe Clark, Spink Butler, attorney for the appellant, showed the location of
the properties on the map provided by the Growth and Development Department. Mr.
Clark feels the requirements have been met for the Letters of Information. Mr.
Clark spoke about fire protection and transmission lines. Mr. Clark questioned
the recently submitted staff report as it was not the same as the one that was
done in December, there were new issues raised. Discussion followed on when the
staff report should be available from the Growth and Development Department.
John McCallum, Appellant, spoke about fire protection. Mr. McCallum showed the
Commissioners a map referencing roads and existing houses.
Gordon Sorensen, surveyor, spoke about power line issues, showing the
Commissioners a map of where the power lines are. Mr. Sorensen reviewed the
location of roads and explained classifications of roads in reference to the
property.
Nick Nettleton, Glenns Ferry, spoke about open range and the right to farm. Mr.
Nettleton asked to have a statement added referencing that there can be cattle
in the area and they need to be fenced out.
Hethe Clark, Spink Butler, summarized each of the issues/conditions that were in
the denial. Mr. Clark stated there are no issues with the Oregon Trail,
transmission lines or fire protection. Mr. Clark asked that each of these
appeals be approved subject to the attachment to the first deed and survey the
right to farm act and open range law.
The public hearing was closed.
Deliberations were held. Civil Attorney Grant ran through the steps and the nine
standards with the Commissioners that factor in to the decision.
Motion by Rose, second by Shaw, to approve the Letters of Information on the Ark
Properties, LOI-2009-19, LOI-2009-20, LOI-2009-21, LOI-2009-22, LOI-2009-23 with
the condition that the deed creating each lot or the first conveyance, which
ever is recorded first, shall disclose that the property may be subject to right
to farm statutes and may be located in open range and as such all owners are put
on notice of, and shall be subject to, the rights and obligations as imposed by
state law, and that the same information be added to the record of survey.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A small recess was taken. Regular session resumed.
Judge Hicks, Katie Ashby and Sheriff Rick Layher came before the Board to
discuss where the office of the Drug Court Coordinator will be located.
Combining Drivers Licenses and Motor Vehicles was briefly discussed. Using an
office at the Sheriff’s Office Building was discussed.
Motion by Rose, second by Shaw, to approve payment to Terry Ratliff on a
conflict case.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
A lengthy discussion on processing passports was held. It was decided Deputy
Clerk Steele would begin processing passports on March 30, 2010 and would
continue to do so for April and May. In May the decision will be reviewed.
A special session will be called for later in the week to address agenda items
that were not addressed in today’s meeting.
The Board called Dan Collins, Plant Facilities Manager, to see what information
he had that he could give Amy Twilegar from Sage Resources on the Energy Grant.
Discussion followed on the bidding process. Civil Attorney Grant and Mr. Collins
will coordinate with each other to determine what documents are necessary.
Bradford Street was discussed. Growth and Development Director Alan Christy is
researching the issue.
The proposed personnel policy was briefly discussed. The current resolution
regarding medical insurance and how the coverage is structured regarding
previous and retired employees was discussed.
Motion by Shaw, second Cruser, to adjourn at 7:17 p.m.
CRUSER - AYE
ROSE - AYE
SHAW - AYE Motion carried and so ordered.
/S/ CONNIE CRUSER, Clerk
ATTEST: /S/ MARSA PLUMMER, Clerk
