COMMISSIONERS MINUTES
MAY 24, 2004
The Elmore County Commissioners met in regular session on the above date in the
Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
Present at the meeting were Chairperson Egusquiza-Stanek and Commissioners Larry
Rose and Calvin Ireland. Also present at the meeting was Clerk Gail Best.
Dave Davies, Architect from the Medical Design Group appeared before the Board
stating he was working on the new Desert Sage Health Center being built on
American Legion Blvd and it was suggested to him that he appear before the Board
to discuss an Elmore County easement. The Board expressed their concerns about
the construction project in the area of their 20' utility easement. Mr. Davies
stated they are putting in a seepage bed and that the drain fill is fairly deep.
The seepage bed is to handle storm water. Tim Fox of Fox Land Surveys in Boise
stated that it is typical to have these things go in and it is not an unusual
practice. Brandon McCurdy of EKC Construction stated he is the general
contractor for the project and that the hole is dug and the fabric is in with
sand at the bottom and a layer of rock.
The Prosecutor joined the meeting. The Board briefed Prosecutor Bazzoli about
the discussion and their concerns. Chairperson Egusquiza-Stanek asked if there
is any way the County and the Desert Sage Group could find a way to work
together? There were several suggestions offered as to how Desert Sage and the
County might work together cooperatively. There was discussion regarding the
County going ahead and putting in sewer and water pipes and capping both ends so
that when the jail property is developed the pipes would already be there.
The Department Heads and Elected Officials met with the Board for their regular
monthly meeting. Mark Russell, Growth and Development Administrator stated that
Brown Dairy is going forward with a public hearing. The other dairies have
expired permits. The Letter of Information on Blier was discussed and Mr.
Russell stated everything is in order. Motion by Ireland, second by Rose to
direct the Chair to sign the LOI on Blier.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek, to send the Pheasant Run
Subdivision Plat back to the Planning and Zoning Commission for the Findings of
Facts and Conclusions of Law prior to the Board’s approval.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Mr. Russell stated, that regarding his testimony at the appeal hearing for Weitz
and Company, he was authorized to speak for the City of Mountain Home Council.
Dan Collins, Plant Facility Manager, stated he is one person down in staff and
he will be hiring to replace an employee. Dan also told the Board that he had
called the City Building Inspector to say he thought there may be a problem with
Desert Sage doing construction on an easement owned by the County.
Mir Seyedbagheri gave the Board his monthly summary report. Chairperson
Egusquiza-Stanek told Mir the Board would like him to sign and acknowledge the
contract between the County and the University of Idaho. Mir stated he would
like to take and review a copy prior to signing his acknowledgment. The Board
asked Mir how the Mormon Cricket infestation was shaping up and Mir replied that
the frequent rainfall has delayed them because they don’t migrate when it is
cold.
Tom Gibbon, Head of Security, stated he would like to mention to all departments
that security badges are issued to individuals and should not be traded. Tom
also stated that security will appear at a department where they hear noisy,
raised, angry voices - it is part of their job. Tom stated that recently when
that occurred the department later complained that the security officer appeared
when it was not necessary. The Board agreed that part of security’s duties were
to make sure certain situations did not get out of hand. Clerk Best stated that
often the mere appearance of security settle situations down.
Jim Haydon, Assessor, stated his office has experienced some problems with
processing the assessment notices and the staff has been putting in extra hours.
The Assessor’s office hopes to get them in the mail within the week. Charges for
digital data was discussed. Jim stated he has been in touch with other assessors
to come up with a fee schedule. Jim also stated he will be sending Debbie Miller
for training in mapping.
Christine Starr appeared before the Board on behalf of the Public Defender’s
office. Christine stated she did not have a report for the Board since their
office would be coming in to see the Board during the public portion of the
meeting at 5:45.
Rose Plympton, Treasurer, stated that she was one person short that day and
wondered if she might send Teri Lasuen down in her place for the BDPA, Inc.
presentation? Rose reported that her office has begun the June tax collection,
as taxpayers have been coming in to pay the second half of their 2003 taxes.
Aaron Bazzoli, Prosecutor, stated that he and Detective Mike Barclay will be
traveling to Colorado next week to visit with the victim’s family. Aaron also
stated that he will be making arrangements to conduct a HIPPA training soon with
the departments that should be trained to implement HIPPA practices.
Gail Best, Clerk, stated that her office is extremely busy with the primary
election coming tomorrow, and of course, working on departmental budgets. Gail
stated it will be a busy summer getting the budget work completed. Gail reminded
the elected officials and department heads still present of the BDPA
presentation to be held at 2:30 p.m. Gail also told the group that the Board was
considering moving all the employees who are still on a seven hour day to an
eight hour day. Gail also said that she had a visit from Jim McNall of ICRMP who
wanted to hold some training sessions on sexual harassment and supervisory
training for secondary supervisors.
Ted Knudson, of the Juvenile Probation Department, appeared before the Board to
discuss issues in his department. Ted gave the Board members a copy of his
monthly activity report. There was some general discussion regarding the various
juvenile programs. Some of the programs are working extremely well.
Motion by Ireland, second by Egusquiza-Stanek, to adjourn for lunch.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session resumed.
Mark Russell from the Growth and Development Department appeared before the
Board with the Pheasant Run Subdivision Plat for a signature. He stated
everything was in order, that this subdivision was the final phase of the South
Hills Estates Subdivision, with Golden Wing Subdivision being the second phase.
Mark said the only change was accesses required by the Mountain Home Highway
District. Motion by Ireland, second by Rose, to have the Chairperson sign the
final plat for Pheasant Run Subdivision.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Ireland to approve the three sets of
minutes from April 28, 2004, one from May 10, 2004, and one from May 12, 2004.
Discussion followed and minor changes were made to one set of April 28, 2004
minutes - the Ambulance Request for Proposal workshop and to the May 10, 2004
minutes.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Ireland, to go into Executive Session
pursuant to I.C. 67-2345(d) with Indigent Director Marianne Bate.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
The following decisions were made:
K-03-04-02 Motion by Ireland, second by Rose, to deny as not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-04 Motion by Egusquiza-Stanek, second by Ireland, to deny as incomplete.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-06 Motion by Ireland, second by Egusquiza-Stanek, to approve with
reimbursement order of $50.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-07 Motion by Egusquiza-Stanek, second by Rose, to deny as not last
resource and not indigent.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-08 Motion by Egusquiza-Stanek, second by Ireland, to deny for all
reasons.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-09 Motion by Egusquiza-Stanek, second by Ireland, to deny as not last
resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-14 Motion by Rose, second by Ireland, to deny as not the obligated
county.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-03-04-01 Motion by Ireland, second by Egusquiza-Stanek, to approve on
reconsideration with reimbursement order of $100.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-10 Motion by Rose, second by Ireland, to deny as incomplete, no
interview.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-12 Motion by Egusquiza-Stanek, second by Ireland, to approve with
reimbursement order of $25.00 per month.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-13 Motion by Ireland, second by Rose, to deny as incomplete.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
K-04-04-11 Motion by Egusquiza-Stanek, second by Ireland, to deny as incomplete
and not last resource.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Still in Executive Session a hearing was held on K-01-04-04. The hearing was
requested by the applicant to contest a reimbursement order. The applicant
phoned stating he was ill and could not attend. The hearing will be rescheduled.
Regular session resumed.
Motion by Rose, second by Egusquiza-Stanek to approve the expenses as submitted.
Discussion followed. Motion and second amended to exclude a bill from Mountain
Home Redi-Mix submitted by the Fair Board. The invoice is unreadable and an
original had been requested, but not delivered in time.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Rose Plympton appeared before the Board. Chairperson Egusquiza-Stanek asked Ms.
Plympton to check on one of the tax deed properties on right, title, and
interest before recording the deed.
Ms. Plympton stated the reason she was there was to ask the Board if her office
had to go to an eight hour day. She stated she didn’t think it was necessary.
Also, the question was raised if the Courthouse would open an hour earlier.
Discussion followed and it was stated that it would not, just the work start
time would be earlier, 8:00 a.m. Commissioner Rose felt the work start time
should be extended to 6:00 p.m. rather than the employee coming in earlier.
Motion by Ireland, second by Egusquiza-Stanek to allow the Treasurer’s Office to
stay at a 7 hour work day. Discussion followed. Motion and second were
withdrawn.
Motion by Ireland to let Treasurer Rose Plympton, set her own hours in her
office. There was no second, motion failed.
The Commissioners decided that it would be up to the individual office to make
the determination if they wanted to go to an eight hour work day.
Andrea Fogelman and Bonnie Brazier of BDPA, Inc. in Boise appeared before the
Board to discuss various compensation issues. Ms. Fogelman stated that
twenty-eight job descriptions were reviewed this spring and of those four
positions were upgraded, four were new positions, and the remaining twenty
weren’t adjusted but job descriptions were updated.
Ms. Fogelman stated she would like to review the current pay range design with
the Board. Step 6 is “at market” which is the competitive range for positions.
In other words, step 6 is the point that employees are being paid exactly what
they are worth as far as the current market indicates. Ms. Fogelman explained
that the market range is very important, particularly to employees in the lower
steps, as the employer moves them up to market.
Commissioner Rose questioned the lack of incentive for employees with longevity,
and Ms. Brazier asked how much above market the Board was willing to pay
employees? Ms. Brazier stated that at step 12, employees are being paid
considerably more than the market will bear. Clerk Best stated that she
disagreed with the concept, because she feels the most experienced employees
were usually extremely valuable employees. Clerk Best further added that the
employees that have been with the County for eight, ten or more years either
could answer most questions or problems or at least knew where to get the
answers. Ms. Fogelman said to remember that under this system, all jobs are
rated as if they were vacant and the employer was hiring and that personalities
were not considered at all. Clerk Best stated she knew that but still felt
experience should be rewarded and if the County was not going to do so, why
would anyone want to work for Elmore County much more than twelve years? Ms.
Fogelman stated that the County actually had a very low turnover rate among
employees over the market grade.
Sheriff Layher asked if he could speak? Sheriff Layher stated he really had a
problem with the longevity thing, and he has lost very experienced officers
because of the system. Sheriff Layher said that experience makes a lot of
difference in a road deputy in particular because, through witnessing many
situations, an experienced officer usually can defuse a potentially dangerous
situation because he or she has seen the situation before. Rick further stated
that it is increasingly difficult to find officers that are certified and it is
a poor situation if the County does find one, and then the pay scale does
nothing for them staying with Elmore County. Ms. Fogelman stated there are other
methods of rewarding longevity that the County could explore, such as a one time
bonus or a set amount of money for each five years and whatever other incentives
the County would like to institute. Sheriff Layher stated there is no better
incentive than being rewarded for being a good, loyal employee of the County.
Motion by Ireland, second by Egusquiza-Stanek, to direct the Chair to sign the
2004 Annual Operating Plan for Noxious Weed Control with the Forest Service.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Egusquiza-Stanek, second by Ireland, to go into Executive Session
pursuant to I.C. 67-2345(d).
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Regular session was resumed.
Wayne S. Forrey, 1952 S. Wilde Creek Way, Boise, Idaho, 83709 appeared before
the Board to present the Comprehensive Plan. A public hearing was held to
receive comments or additions to, changes and revisions to the Proposed Draft
Elmore County Comprehensive Plan. Mr. Forrey explained that he had acted as the
Coordinator for the project. The Planning and Zoning Commission had held nine
workshops in various areas of the County to work on, and take input from
citizens on the Plan. Mr. Forrey stated there has been five revisions to the
draft plan, and that the one being presented here was indeed the fifth revision.
Dick Orcutt, 2815 N. 22nd East, Mountain Home, stated that Wayne Forrey has done
a remarkable job in working on the comprehensive plan project. Mr. Orcutt stated
he thinks in a viable comprehensive plan everyone needs to be considered, a plan
should be developed to help with County problems. Mr. Orcutt stated he has a
constant problem with the fly and odor problem from his neighbor with horses. He
added that he has had sixty to seventy chickens cross over to his home and
create a nuisance on his property. Mr. Orcutt stated he needs to have an
ordinance adopted in the County to help his situation - he has been to every
agency that would listen to his cry for help.
K.C. Duerig, 4199 N. Meridian, King Hill, was next to testify at the hearing.
Mr. Duerig read his testimony into the record:
Dear Commissioners:
Allow me to introduce myself for the record: I am Knight C. Duerig and I’m
testifying today as Chairman of the King Hill Domestic Water Association, as
Vice-President of the Three Island Rural Council and as President of the Idaho
Rural Council.
I would first like to address the 1st Land Use Objective on page 31:
1. Adopt a Confined Animal Feeding Operation (CAFO) ordinance to facilitate
dairy development and intensive agriculture within appropriate areas of Elmore
County. Encourage wise management and land use priorities that protect
agricultural lands.
I, and the groups that I represent, feel that the first sentence should be
totally removed. Elmore County has already achieved the goal of a CAFO Ordinance
that was passed in 2003, and there is no need to “Facilitate” dairies and
intensive ag operations.
We would ask that the 2nd sentence be re-written as follows: Encourage family
farms and sustainable agriculture through wise management and land use
priorities that protect our agricultural lands.
I also want to state for the record that I am not opposed to CAFO’s, per se, but
am opposed to blanket encouragement of them. Each CAFO must be judged on it’s
own merits and if the CAFO can meet the standards set by the Elmore County CAFO
Ordinance 2003-3, then they should be allowed.
In support of our contention that there is no need to facilitate dairies and
intensive ag operations, I offer the suggestion that this is contrary to Chapter
1 - Private Property Rights, page 13, objective 7 (Property owners shall not use
their property in a manner that negatively impacts upon surrounding neighbors or
neighborhoods.) and objective 10 (Property owners acknowledge and expect that
Elmore County will preserve private property rights and values by enforcing
regulations that will ensure against incompatible and detrimental neighboring
land uses.
By their very nature, CAFO’s lower property values in their immediate vicinity.
According to an article by John A. Kilpatrick which appeared in the Appraisal
Journal, July 2001, Volume LXIX Number 3 titled Concentrated Animal Feeding
Operations and Proximate Property Values (a copy of which is submitted for the
record) he states in his summary and Conclusions:
“The above suggests that the establishment of a CAFO may result in value
diminution to other nearby properties. The amount of the value loss is typically
an inverse function of distance (closer properties diminish more), a function of
property type (newer, nicer residences lose more), and a function of property
use (farm will lose value due to diminished productivity and comparative
marketability to other farm lands.) While the appraisal profession has only
begun to quantify the loss attributable to CAFO’s, it is clear from the above
case studies that diminished marketability, loss of use and enjoyment, and loss
of exclusivity can result in a diminishment ranging from 50% to nearly 90% of
otherwise unimpaired value”.
In a study by the University of Missouri Data was collected on 99 rural land
real estates transactions, with similar access to a primary road, improvements,
etc. Those within 3 miles of CAFO property (Bear in mind this is distance from
the land boundaries, and not from the lagoons or buildings) resulted in an
average loss of property value of approximately $112 per acre.
The study went on to state that there is a clear equity issue when long-term
residents experience such a decrease in their property value due to a CAFO
locating in the vicinity. This study was conducted by Mubarek Hamed, Thomas G.
Johnson, and Kathleen K. Miller of the University’s Community Policy Analysis
Center, and titled The Impacts of Animal Feeding Operations on Rural Land
Values.
In a second Univ. of Missouri study, by Michael Seipel, Mubarak Hamed J. Sanford
Rikoon and Anna M. Kleiner of the Dept. of Rural Sociology and Dept. of Ag
Economics, reached a similar conclusion.
This study, conducted in Putnam County, concluded that there was a $58 per acre
reduction, but also pointed out that that figure was somewhat flawed in that the
study included land purchased by Premium Standard Farms for their operation at a
higher market rate. Also, it should be noted that the $58 per acre price
reduction for those located within the 3.2 km equates to approximately 14%.
Suffice to say that a 1 ½ mile radius around a CAFO totals 4553 acres. That
could be a loss in property values ranging from $264,074 (@$58) to $509,936
(@112)
Another aspect of CAFOs that needs to be addressed is the water issue. As we all
know Elmore County as well as the rest of Idaho is in a water crisis right now
and there are no indications that it is going to go away.
The only way that a CAFO can get water is to either request a new water right,
which probably won’t be granted, or to transfer an existing water right from
irrigation to stock water use.
Please consider the following: A dairy cow uses 35 gallons of water a day,
according to Idaho Water Resources. If you do the math, you will find that for
every 100 dairy cows, you will need approximately 4 acre feet of water per year.
That means that for every 100 dairy cows, you will need to dry up 1 acre of
irrigated farm ground, or 100 acres per 10,000 head.
According to the Idaho Dept. of Agriculture forecast displaced in Table 4 (page
21) the number of cows and calves in Elmore County is going to go from 123,000
in 1997 to 230,000 in 2020. That is in increase of 107,000 animals. If those are
dairy cows, they will need 4,280 acre feet of water every year. Where is it
going to come from?
Another aspect of moving water from irrigation to stock is the loss to the local
economy of the crops that won’t be grown. With potato ground leasing for $500
and acre right now, that would be a loss of $500,000, per year, for enough water
to take care of 10,000 dairy cows. That is money that would circulate through
the local economy several times.
Another area that I would like to address is Chapter 6 - Natural Resources.
We feel that there should be a Water Objective added to the list to: “Pass a
Drinking Water Protection Ordinance” to promote the public health, safety, and
general welfare and to minimize public and private loses due to contamination of
the public water supply, and to formalize ground water protection/pollution
abatement and control procedures. To that end, I have attached a Draft Ordinance
as well as a copy of the Twin Falls County Wellhead Protection Ordinance.
We also feel that Alternative Energy Sources and Programs should be addressed,
perhaps in the Natural Resources chapter. Wind and Solar are Natural Resources
that add to the energy mix, not deplete it. Any positive growth industry that
does not deplete our limited water resources should be encouraged.
Respectfully, Knight C. Duerig
Ferenc Edes, 1715 Par Court, Mountain Home, stated he would like to see the City
rezone some of the property along Air Base Road. Mr. Edes stated he has some
commercial property out there where he has a business, but some of the property
is zoned light industrial. Mr. Edes stated that business has not been real good
lately, and he is going to have to sell off some of his excess property and
another classification would be easier to sell. Mr. Forrey suggested that Mr.
Edes go to the City with his questions, they would be the ones to help him.
Wayne Forrey gave the Board paper copies of a power point presentation he had
prepared for the hearing and did his power point presentation.
Nathan Jones, 2240 East Maple, King Hill, stated he would like to talk about a
CAFO Free Zone. Mr. Jones stated that if such a zone were established, people
could be assured that if they purchased property a CAFO wouldn’t be constructed
near them. Mr. Jones said he felt that would be really good for Elmore County,
as it would make property even more attractive to potential buyers.
Nick Nettleton, Chairman of the Planning and Zoning Commission, stated that
South and West of Mountain Home is where the dairies are locating. Mr. Nettleton
thanked Mr. Forrey for all his hard work on the Elmore County Comprehensive
Plan.
The Chair asked if there was anyone else who desired to testify, there was not,
so the Chair declared the public hearing closed.
Findings of Fact and Conclusions of Law regarding Weitz and Company was
discussed. Motion by Egusquiza-Stanek, second by Rose, to accept and sign the
Findings of Facts and Conclusions of Law for Weitz and Company.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Wayne Forrey and Toby Brown of Northwest Management presented the completed
Elmore County, Idaho, Wildland-Urban Interface Wildfire Mitigation Plan, dated
May 10, 2004 to the Board. Various aspects of the plan were discussed, as well
as the fact that Elmore County is well ahead of the majority of the counties in
the State to dully complete their plan. Motion by Ireland, second by Rose to
accept the Wildfire Mitigation Plan and the appendices as presented.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Mr. Forrey explained that there are five copies and there are quite a few
signatures to get on all five copies, so he would leave those and call the
people who are to sign to come into the Courthouse to do so.
Don Pachner appeared before the Board during the public portion of the meeting
to discuss the readdressing for E-911. Bonnie Sharp, who is working on the
addressing project was also present. Mr. Pachner is having problems with his
computer program that finds street addresses because the E-911 project is
changing the street names. Mr. Pachner stated he lives on the corner of Bradford
and Colthorp streets and that area is being readdressed. Mr. Pachner stated he
felt the street naming committee was just doing whatever they felt like doing.
The Board assured Mr. Pachner that was not the case. There was lengthy
discussion regarding the changing of the street names in and around Mountain
Home.
Ed Frachiseur, Christine Starr and Terry Ratliff appeared before the Board
during the public portion of the meeting to discuss Public Defender issues.
Terry Ratliff tendered his resignation from his contract with the County
effective June 30, 2004. Mr. Ratliff stated he could not continue in that
capacity because the workload was simply impossible to handle. Mr. Frachiseur
stated that due to Mr. Ratliff’s resignation, he would need someone to do
conflict work and that he would also need another deputy public defender.
Caseload in the public defender’s office was discussed at length. Mr. Frachiseur
stated that in addition to attorney help his office really needed a receptionist
to help with the telephone calls and routine office duties, because with the
workload his two office workers were overwhelmed with the amount of cases. The
Board stated they would take the situation under advisement.
Correspondence received by mail was reviewed.
Motion by Ireland, second by Rose, to adjourn the meeting.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
