COMMISSIONERS MINUTES                                                         JANUARY 12, 2005


The Elmore County Commissioners met in special session on the above date at the hour of 6:00 p.m. at the War Memorial Hall (American Legion) 515 East 2nd South Street, Mountain Home, Idaho.

Chairman Larry Rose called the meeting to order. Present at the meeting were Chairman Larry Rose, Commissioners Mary Egusquiza and Connie Cruser, Clerk Gail Best, Prosecutor Aaron Bazzoli, and Vanessa M. Starr who is a Court Reporter employed with Tucker and Associates.

Chairman Rose stated the purpose of the public hearing was to hear testimony on an appeal of the Findings of Facts, Conclusions of Law, and Order entered by the Elmore County Planning and Zoning Commission on November 4, 2004 concerning the approval of the permit for the Bernie Brown Dairy. The site is located in the South Half of Section 19, Township 4 South, Range 6 East, B.M., and is zoned Agriculture A. A more common means of locating the site is from Airbase Road and Highway 51 (Bruneau Highway) proceed South on Highway 51 about 4 miles and turn west on SW Robinson Road, proceed about 1 and 3/4 miles, property is located on the north and south, until SW Robinson Road ends at SW Division Road.

Chairman Rose stated that a public hearing is intended to be for oral testimony, but anyone having written testimony to submit for the hearing to please turn it in to the Clerk so it can be stamped in with the date. Chairman Rose showed the audience the large pile of written testimony that has already been submitted as of the opening of the hearing and stated that because of the large volume received, people could come in to the Clerk’s office and inspect the written testimony received until 5:00 p.m. on January 26th. Chairman Rose explained if anyone wanted copies of any of the written testimony the cost will be .25 cents a page for under 100 copies and .50 cents a page for over 100 copies. If anyone wanted to rebut written testimony they would have until 5:00 p.m. on February 2nd, but the written material must rebut a specific piece or pieces of the written testimony in the record. Chairman Rose also explained that people wishing to testify would have a three minute time limit, with the exception of the Coalition of Concerned Citizens of Elmore County and Bernie Brown and his representatives who will be granted up to fifteen minutes to present their case.

Dave Hoagland, 6950 W. 36th South, Mountain Home, President of the Coalition of Concerned Citizens of Elmore County asked if the Board was given all the material from the Planning and Zoning Commission’s proceedings? The Board stated they had. Mr. Hoagland stated he would turn the time over to Catherine Brown who would speak for the Coalition.



Catherine Brown, 816 Hamilton Road, Mountain Home, read testimony into the record:

Brown Dairy Appeal


January 12, 2005

Land use is never an easy or simple issue. There are many factors that have to be considered, especially when you are siting mega-dairies of this size.

We do not have to look any farther than our own county to see 79 wells that two state agencies have found contaminated with e-coli, nitrates, and coliform. We do not have to look any farther than the Magic Valley to see the damage these Mega Dairies can cause. Their unfortunate nickname has become the “Tragic Valley”. If we allow additional Mega-Dairies to move in, Elmore County will not be able to attract other forms of industries or businesses that will pay well, offer 401K plans and not pollute the county.

From reading the paper, we can see that this is true, when the only other interested parties have been a coal-fired power plant and a mining operation that wants to use cyanide to leach minute specks of gold from the tailings. Both use tons of water and have the potential to create massive pollution. Dr. Weida was right when he said that after a CAFO comes in, only other polluting companies will want to build there.

The Department of Agriculture has testified at hearing after hearing to the fact that for every cow, it takes one irrigated acre of land to apply one year’s worth of manure for that cow, otherwise it will over-saturate the soil and leech into the aquifer. This is based on phosphate uptake. The siting team has verified that we have already maxed out the land we have available to disperse current manure production, not taking into consideration four (4) more Conditional Use Permits that have been granted by this Commission.

With the exhibits we have submitted; the scientific support, professional documentation, letters and petitions signed by over 1000 Elmore County Residents, it has become apparent there is a drastic imbalance. Just the sheer numbers of Mega-Dairies already permitted are over extending our county and its resources.

Please consider our community as a whole and the impact that your decision will have on the Air Force Base which we need to protect right along with the quality and quantity of water, air quality, economic impacts, public health risks, property values throughout the county, the subsidies paid out of our tax dollars, as well as the EPA’s Clean Water Act, and Clean Air Act.

Lets look at the Law:

Idaho Code 67-6502 “Purpose. The purpose of this act shall be to promote the Health, Safety, and general welfare of the people of the State of Idaho as follows: (k) ... to avoid undue water and air pollution.


Please make a formal request to the Department of Environmental Quality to perform the necessary testing, before you approve this conditional use permit so that you are not allowing contamination to our water and our air. Do this to mitigate any environmental risk to our county.

Idaho Code 67-6508 “(a) Property Rights “An analysis of provisions which may be necessary to insure that land use policies, restrictions, conditions and fees do not violate private property rights, adversely impact property values...

You have already received six (6) exhibits showing a marked decrease in assessments of residential properties when a mega-dairy moves into a community at the time of the Planning and Zoning hearings.

The Clean Air Act “...to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of the population.”

No one can work if they can’t breathe.

Elmore County Comprehensive Plan

Chapter 1 Private Property Rights Page 13 #7
“Property owners shall not use their property in a manner that negatively impacts upon surrounding neighbors and neighborhoods.”

In Planning and Zoning exhibits as stated in the economic exhibits this CAFO would negatively impact property values around this CAFO.

Chapter I Private Property Rights Page 13 #13 “Elmore County will take appropriate measures to enforce all nuisance ordinances to protect quality of life and private property rights...”

As shown in the Petition of over 1000 signatures from Elmore County citizens and Mountain Home Air Force Base Letters, all of these people believe that their quality of life will be negatively impacted.

Chapter 4 Economic Development Page 22 Economic Projects: “The Mountain Home Air Force Base is a large contributor to the economy of the County and is the single largest employer. The Base payroll and military procurement of goods and services have a significant impact on the County and Southwest Idaho...”

Mountain Home Air Force Base is acknowledged as a large contributor to our county and must be protected. Lets not offend the base by contaminating their public water supply, which is down gradient from this facility, which is shown on the siting team report.

Chapter 5 Land Use: Page 26 “...Mountain Home Air Force Base must be protected from encroachment...”

This facility will encroach on the Base, it is within the Air Base Hazard Zone.

Chapter 5 Land Use: Page 29 “The Air Base Hazard Zone is necessary for the land surrounding the Mountain Home Air Force Base. The purpose is to prevent encroachment while allowing the best possible use of private lands in this zone as long as private uses does not conflict with the Air Base operations. Significant Land Use restrictions will apply in this ABHZ area.

Birds are a problem around dairies, birds also get into engines of Air Force jets and cause them to crash. The placement of this Mega-Dairy will encroach on the base.

Chapter 6 Natural Resources Page 36 Par. #3 “...that no development or building be allowed Northeast of Mountain Home without an U.S. Geological Survey of the soils because of potential contamination of ground water supplies. Pollution is not the only threat to the ground water source. Lowering the water level through use, in excess of recovery is another threat that must be taken into account in planning.”

If this Mega-Dairy is permitted it will be a threat to Mountain Home’s water supply. As our water table drops, the dairy will continue to have water, while Mountain Home’s water will decrease at a rapid rate. It is already falling at two feet per year and when the other Mega-Dairies that you have permitted go on line, this will make the situation even worse.

Chapter 6 Natural Resources

Water Goal Page 37 #1 “To protect, develop, and maintain the quality and quantity of our water resource.

Water Goal Page 37 #2 “Provide land development incentives for water conservation and water quality protection.

With the well sizes this Mega-Dairy requires our water quantity will be rapidly depleted. It won’t matter then if you have grandfather rights to the water, as there will be no water. Just like what Twin Falls is now experiencing.

Water Objective: Page 37 #3 “... monitor areas of declining groundwater levels and take necessary action to halt such lowering before it becomes critical, including recharging from stream sources.”

Water Objective: Page 37 #5 “...Water quality must be protected and preserved in all proposed development.”

Water Objective: Page 37 #10 “...Continue to protect the Mountain Home Aquifer recharge area and evaluate development proposals on a case by case basis to ensure groundwater protection.

The Siting Team report shows that the Mountain Home Air Force Base is down gradient from this proposed facility and that there are seven (7) public wells located there and as the water is used up or corrupted their water will decline or become undrinkable! Wherever a Mega-dairy has been put in, all the wells down gradient have declined or have been contaminated.

Chapter 6 - Natural Resources

Air Quality objective page 42 #2 “Evaluate proposed land uses in relation to air circulation patterns and adjoining land uses.

This is recommended in the Siting Team Report, they advise the board to contact the Department of Environmental Quality for an Air Quality Evaluation. This has not been done.

Air Quality objective page 42 #4 “...gasses, odor, and particulate discharge is areas of the County where air quality can be managed and protected for area residents.”

This would damage Mountain Home Air Force Base’s Air Quality as they are down wind from the proposed site. In order to confirm this, a Department of Environmental Quality Air Quality Report should be ordered to get an accurate evaluation, as advised by the Siting Team report statement.

Everything we have said and presented for your consideration is backed by facts and documents from government agencies and very learned people. What these exhibits and documents show, over and over again is that the science is NOT keeping pace with the influx of these Mega-Dairies. How can you make decisions that could affect the citizens of Elmore County without knowing what the gas emissions will do to the air quality, or our health, or how the massive tonnage of manure will affect the ground water and our quality of life or how much of what is sprayed onto crops will remain and be passed on to who or whatever consumes it.

The people who wish these Mega-Dairies to be built in Elmore County keep telling us that they won’t chase away our Air Force Base, they won’t pollute our aquifer, or debilitate our health. They tell us how rosy our future will be, with millions upon millions of dollars pouring into our tax base, an endless supply of jobs and untold benefits to our community.

If what these people say is true, then the Magic Valley should be rolling in money for schools and state-of-the-art health care programs. There should be jobs enough for all who want them. They would not be having the problems with their water table declining, or the terrible contamination they are experiencing with their water. They would not have suffer the stench that surrounds them, nor all the air pollution problems they are now experiencing.

Please say not to this Conditional Use Permit and do what the people of this county have elected you to do...protect their health, water, air, quality of life, property values, and the economics of our community as a whole.

However, if you are considering approval of this CUP, please consider these conditions that will give us some measure of protection for our environment. This will be an Industrial operation because of its size. Therefore is should be required to file for a rezone as industrial:

• Require Land to be re-zones as industrial with a Bond Posted for Hazard clean up in case of spill and/or on closure.
• Require No Flush Systems
• Require a plastic liner under the clay layer of any lagoon, with a French drain, as Dr. Sheffied has suggested.
• Require Lagoons be covered.
• Require Monitoring Wells next to lagoons and certified testing.
• Require an Anaerobic Digester to be installed, at facility when 2,000 cow are on the property.
• Require large trees, as a buffer and replacement of oxygen to the Airshed.
• Require drop hoses or ground injection to discharge lagoon water so there is less air contamination with bacteria or other pathogens.
• Require an Odor Management Plan.
• Require completed water transfer before any construction can start.
• Require the applicant to secure a DEQ Permit To Construct.
• Require pest control. Predators for the flies, and control of starlings, and mosquitos.

Thank you, Catherine Brown (for the E.C.C.C.D)
R.R. 1, 816 Hamilton Road, Mountain Home, Idaho 83647 (208) 580-0810


Darwin Vander Stelt, 16931 Star Road, Nampa, Idaho 83687, stated he is working for Bernie Brown. Mr. Vander Stelt stated the Coalition is trying to stop Bernie Brown from being able to use his property as he desires, interfering with Mr. Brown’s property rights. Mr. Vander Stelt said that the issues with ground water, health risks, pollution, odors and birds are only assertions which are untrue and he will try to address these assertions.
1. More water will be used - false - the Department of Water Resources can’t do a transfer without ensuring that more water will not be used for the dairy then is presently being used.
2. Waste will end up in the ground water - false - the regulations are strictly enforced and there are hefty penalties for violations. Mr. Vander Stelt added he finds it interesting that so many people are worried about spills when actually farmers have been dropping nitrates forever and it didn’t bother anyone.
3. Property values will drop - some truth, some not - actually all the farm economy benefits will increase property values.
4. Health risks - false - studies have been done on this - the only firm date of health risks have been on hog farms with workers working in enclosed areas, and as far as flies the Health Department can stop a fly problem if one exists. Mr. Vander Stelt added that CAFO’s are not necessarily subject to the Clean Air Act.
5. Air quality is not a local land use issue. There is no more air pollution than in 1950 when there were more cows than there will be now.

6. Dairy odors will destroy the quality of life - false - the design will keep the odors down this will be a scrape dairy.
7. Birds - could be a problem for Mountain Home Air Force Base but a condition could be included to do bird control similar to what is done for airports.

Mr. Vander Stelt asked that the Board please remember that dairies are not pollution makers and that the dairy industry is strictly regulated and that fines for violations are very stiff.

Commissioner Cruser asked about the remark that “no other industry faces such a rigorous regulation” so are you saying this is an industry?

Mr. Vander Stelt replied that what he meant is that dairies are inspected all the time, at least quarterly and sometimes more because inspectors are on the sites a lot.


K.C. Duerig, 4199 N. Meridian, King Hill, read some questions and comments into the record:

THE NINE STANDARDS ALL CONDITIONAL USE APPLICATIONS MUST MEET ARE:

1. Will the PROPOSED Brown Dairy constitute a conditional use as determined by the Official Schedule of District Regulations for the Zoning District involved?

A. Yes

2. Will the PROPOSED Brown Dairy be in harmony with and in accordance with the Comprehensive Plan and the CAFO Ordinance.

A. Yes, in that the proposed operation is classed as agriculture, not commercial, and the land is zoned agriculture.

3. Will the PROPOSED Brown Dairy be designed, constructed, operated, and maintained in such a way as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; and that such use will not change the essential character of said area?

A. No, the insertion of a 10,000 head commercial dairy operation cannot be considered the same as the existing agriculture operations.

4. Will the PROPOSED Brown Dairy be hazardous or disturbing to existing or future neighboring uses?

A. Yes, the potential is there to create an additional bird hazard to the MHAFB flyways.


5. Will the PROPOSED Brown Dairy be served adequately by available public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer, or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services?

A. No, in a letter received from the Glenns Ferry Highway District dated August 24th, 2004, they request that we do not issue any further permits without a complete Traffic Impact Study.

6. Will the PROPOSED Brown Dairy create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the County?

A. Yes, the potential is there for additional public costs to maintain the public roads for the projected 5,840 trucks per year (16 a day)

7. Will the PROPOSED Brown Dairy involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors?

A. Yes, the potential is there for health concerns with the MHAFB Hospital only 2 miles away. The ISDA and DEQ have no studies on record pertaining to the health impacts of the pathogens contained in the dairy waste that is going to be applied as an aerosol in the close vicinity of the MHAFB hospital. The odor issue will also affect the quality of life for members of the Air Force that are stationed at MHAFB, and could be a deciding factor in any future base closure consideration.

8. Will the PROPOSED Brown Dairy have vehicular approaches to property, which shall be so designed as not to create an interference with traffic on surrounding public or private roadways?

A. Yes

9. Will the PROPOSED Brown Dairy result in the destruction, loss or damage of a natural or scenic feature of major importance?

A. No.

In summary, the PROPOSED Brown Dairy is not in harmony with the Elmore County Comprehensive Plan. Although the PROPOSED Brown Dairy does meet the standards of the CAFO Ordinance, the Comprehensive Plan is the controlling document. The proposed Brown Dairy only meets 4 of the nine standards for a conditional use permit: Conditions 1, 2, 8 and 9 are met, but conditions 3, 4, 5, 6 and 7 are not. Therefore, the conditional use permit that was granted by the Elmore County Planning and Zoning Commission should be revoked, not approved.

Respectfully, Knight C. Duerig, 4199 N. Meridian, King Hill, ID 83633



Barbara Raber, 1500 S. Raber Drive, Mountain Home, stated she lives near the Ketterling Dairy and she and her family have been suffering from health problems that they did not have prior to the dairy being expanded. Ms. Raber stated she is sure the dairy was causing their health problems. Mr. Raber stated she has called the Sheriff’s Department three times and they have not been able to help her at all.


Beth Deschene, 1215 N. 2nd E., Mountain Home, talked about the small family dairies from years ago that did not bother anyone - the Mom and Pop operations and pointed out that these large dairies are a totally different matter. Ms. Deschene stated it isn’t right when cows seem to be of more value than humans.


Tracy Lauric, 2335 East 18th S., Mountain Home, stated she wanted to express her feelings about the Brown Dairy. Ms. Lauric stated she doesn’t want to live in an area with odors, flies and bad water. Ms. Lauric said she doesn’t feel we have the water to handle dairies, it will take 30,000,000 gallons of water for Brown’s. Ms. Lauric stated the manure would be a really big problem. Ms. Lauric asked the Board to please take into consideration what dairies have done in other states and other areas of Idaho and not to forget the people who have signed the petition and only consider the wishes of several dairy owners.


Woody Wing, 691 South Beet Dump Road, Mountain Home, stated you can’t mess up the water in the ground no matter what you do. Mr. Wing stated the last thing we need to worry about is water, it is 640 feet down. Mr. Wing says the people are being mislead. Mr. Wing pointed out that there are sixty-two people employed at Terry Ketterling’s dairy.


Hal Franck, 954 8th West, Mountain Home, stated he is and always has been supportive of the Air Force Base and wonders if we could be creating a monster here. Could allowing this dairy create problems for the base? Is there any way the size of this project could be pared down? Mr. Franck said if things don’t go well you can stop small things but big things are hard to stop once they get started. Mr. Franck stated that while we are trying to get rid of the monster, we could lose our base.


Debra Bessey, 5600 S. 82nd W. Mountain Home read her testimony into the record:

Elmore County Commissioners
150 S 4th E
Mountain Home, ID 83647

Dear Commissioners:

Thank you for hearing by concerns.


There has been a lot of information regarding dairies presented first to the Planning and Zoning Board and now to you. I appreciate your efforts to read through it and understand our point of view.

Here is a brief summary of my concerns:

1. What is the environmental impact of having so many dairies in such close proximity to each other, the base and residences? I think the only way to adequately address this concern is to have environmental impact studies done.
2. What are the health effects of living in a relatively small geographic area with 5 dairies. Some of the documents previously submitted report illnesses, such as acute and chronic respiratory problems, from the dust and airborne bacteria in persons who live or work in close proximity to a CAFO. My husband and son both have asthma. Part of our motivation to move to the country was for a healthier environment for them. Mr. Brown’s proposed dairy would be a half mile from our house. Can you ensure that my family’s health will not be adversely affected by having a dairy that close to our home?
3. Representatives from Mountain Home Air Force Base have expressed concerns over this dairy because of potential bird strikes and a negative impact on the quality of life of base residents. These concerns need to be addressed; the closing of Mountain Home Air Force Base would be an economic disaster for Elmore County and the State of Idaho.
4. Our property value will decline at least 10 to 30% if Mr. Brown’s dairy is put in. Who will compensate us for this loss?
5. Can our aquifer support this and the other 4 dairies? Can you guarantee it will not be polluted by this high concentration of dairies in such a limited area? I have considerable doubt that Mr. Brown’s dairy would use less water than his agricultural activities. How many acres is he actually irrigating now? How many acres would he irrigate in addition to the water used by the dairy? Elmore County is in the seventh year of drought; clean water is a precious commodity. You must protect it.
6. Concern has also been raised about the ability of the roads to and from the proposed dairy to withstand the increased heavy truck traffic. I have not heard that this issue has been completely addressed.
7. How many dairies is too many? Will we know before permanent environmental and/or economic damage has been done? The current county ordinance does not place a limit on the number of CAFOs in the county or the concentration of CAFOs in a geographic area. I feel these guidelines are urgently needed.

I am asking you to address each and every one of these issues. Simply asking Mr. Brown and Mr. Vander Stelt to refute these concerns is inadequate. Of course they will tell you whatever makes their proposal appear in a favorable light. Outside consultations from unbiased experts is needed. Please act in the best interests of the citizens of Elmore County and delay approval of Mr. Brown’s dairy, or any other dairy, until all of the above concerns have been addressed.

Sincerely,
Debra S. Bessey



Bill Richey, 2905 East 42nd S., Mountain Home, stated he is the Governor’s Assistant for Military Affairs:

Good Evening Commissioners

I’m Bill Richey, 2905 East 42nd South, Mountain Home, and I’m speaking as the Governor’s Special Assistant for Military Affairs.

I oppose the County approving a conditional use permit for Mr. Bernie Brown’s proposed Confined Animal Feeding Operation - a Dairy at his proposed location.

I have already provided the Commissioners a written statement and I’ll keep this short. I believe the location is unacceptable. It is proposed to be due east of base housing approximately 2 ½ miles. This will have a real and perceived impact to the quality of life to those living and working on base.

Elmore County has always worked hard to support and protect Mountain Home Air Force Base against encroachment.

This year is another round of Base Realignment and Closures that is planned to close 25% of current military installations. Military Capability and Quality of life are 2 of the main things the commission looks at.

Many states are spending millions of dollars to protect their bases and recover from the encroachment that has begun to impact their base.

It is our local, county and states responsibility to protect our base and prevent any erosion to the quality of life of our servicemen and women.

Please continue to take actions that protect our base.

Thank you.


Dick Berry, 2929 Hamilton Road, Mountain Home, stated his primary concern is Mountain Home Air Force Base. Mr. Berry stated we should not do anything that might contribute to losing the base. Mr. Berry said the base is vital to the economy here.



Arlene Hoagland, 6950 W. 36th S., Mountain Home, stated that Bernie Brown’s property is directly behind her place. Ms. Hoagland said she has already submitted written testimony for the record and she urged the Board to review all the written testimony that has been turned in, including the white paper on emissions from dairies. Ms. Hoagland said she has asked people in Shoshone if they do mind their dairies and yes, the people in Shoshone do have concerns. She was told that if you live within four miles of a dairy the flies are horrible.


Dave Hoagland, 6950 W. 36th S., Mountain Home, stated he was tired of hearing the word assertions. Mr. Hoagland stated what they are voicing are not assertions but facts - facts that they have worked very hard to get. The 1200 people that have signed petitions are very concerned. Mr. Hoagland asked where is all the manure from all these dairies going to go - the people are scared.


Catherine Brown, 816 Hamilton Road, Mountain Home, stated that the material turned into the Board are not assertions, a lot of careful research has been done. Ms. Brown stated that the dairies are not necessarily shut down for violations, the Department of Agriculture has stated that they do not have the manpower to do inspections as often as they should.


Gene Smith, RR2, Box 482, Mountain Home, stated he was born and raised near Gooding. Mr. Smith stated he has a relative that is a well driller and he knows for a fact that water will leach into the ground water and a contaminate will go into the water supply. Mr. Smith added that losing the base would be a huge threat.


David Freer, RR1, Box 875, Mountain Home, explained he is a farmer that farms 1 ½ miles from Mountain Home and that he is probably the youngest farmer in the area. Mr. Freer said he grows hay, which he mainly transports to the Wendell area for the dairies. Mr. Freer stated it would be a real benefit for him to save the transportation costs if he could sell his lay locally. Mr. Freer added that corn silage sales would also be a big benefit to the farmers.


Glenna Hoagland, 935 North 8th E, Mountain Home, commented on subsidies. Ms. Hoagland said Mr. Wing had mentioned subsidies from the government exist so people can have cheap food and that the Board as been given some statistics regarding subsidies. Ms. Hoagland said that subsidies are paid for by the people who are paying for them through their taxes.


Jeanette Martin, 3080 West 54th S., Mountain Home, stated she lives in the first house from Bernie Brown’s dairy. Ms. Martin is wondering why Mr. Freer is selling his hay in Wendell instead of to Terry Ketterling?


Toy Smith, 690 Quincy Street, Apt B, Twin Falls, Idaho, 83301, stated in his “tragic valley” many new schools have been built because the dairy industry has boosted the economy. Property values in the agricultural areas have soared. Will dairy farmers use local hay - yes, it is more economical to do so. Mr. Smith stated that the Department of Agriculture does pull dairy permits, and in fact they can do so on the spot when they are on site. Prosecutor Bazzoli asked Mr. Smith what he does and Mr. Smith replied he is with the Northwest Dairy Association.



Dave Bergh, 6025 Highway 30, Mountain Home, stated he has some concerns on the dairies, but he believes there is a compromise to be reached somewhere. Mr. Bergh stated he felt that if we could manage these dairies and boost agricultural business too, it would be great. We need to keep our ground economically alive.


Tom Hinkler, 7475 W. 36th S. Mountain Home, gave his time to the next speaker, Carl Latona.


Carl Latona, 7025 W. 36th S., Mountain Home, stated that it has been interesting testimony. We should try to make this a great area to live in. A good point has been made that you should be able to use your own land and you like, but sometimes you just can’t do that when there are other people to consider, and their quality of life. Insofar as nitrates, Mr. Latona stated that there already are high nitrate levels near Mountain Home Air Force Base, and if the water becomes contaminated it will take years to repair the damage.


Laurice Bentz, 1310 Amber Drive, Mountain Home, stated that her husband has farmed for their livelihood. Ms. Bentz stated that at one time all farms were small dairies, because virtually all of them kept cows. Ms. Bentz added that in today’s agricultural times the large CAFOs are the only ones that make it economically. Ms. Bentz said she often wonders if people, when drinking their milk, think of these awful CAFOs. Ms. Bentz stated they farm near Mr. Brown’s property and the wind would blow the opposite way from the base in that location.


Matthew Blanksma, HC 85, Box 23A, Mountain Home, spoke about water rights and said the way those are done is strictly regulated. Mr. Blanskma said that a dairy will actually use less water than planted land will. Mr. Blanksma said he believes the dairies will actually add value to the County.


Bernie Brown, 655 East 19th North, Mountain Home, stated that nitrates actually improve the soil, and that composting materials are quite saleable. Mr. Brown asked how often you see housewives and gardeners purchasing soil and composite for their plants and gardens. Mr. Brown stated he has been farming out there for many years, reclaiming the land from the sagebrush in the beginning. Mr. Brown said he knows a lot about the water out there. Mr. Brown said he believes that some time people that have trouble with their wells it is because the wells are being drilled too shallow. Mr. Brown said the dairy industry is a good thing for Elmore County because the dairies will have economic benefit for other businesses that will offer supplies to the dairies. Mr. Brown stated that the state of Mountain Home is not that good right now - you can’t buy a decent shirt in town and you can’t buy shoes. Mr. Brown said, in the days of a good agriculture economy, there were good restaurants and retail shops here and he feels that could happen again with the economic boost from dairies.

Commissioner Egusquiza asked Mr. Brown how much ground he is now farming? Mr. Brown stated 800 acres. Commissioner Egusquiza then asked what Mr. Brown was going to do with all the manure? Mr. Brown stated they were going to use digesters and that there are many new products than can be produced. Commissioner Egusquiza then asked what are the nitrate levels? Mr. Brown stated that the Board should have a copy of that report.


Commissioner Cruser asked if the compost we now can buy at the store is something that Mr. Brown is planning to do? Mr. Brown stated that his son has plans to do that.

Cliff Brown, 1516 West Hays, Boise, Idaho, 83702, stated he is the attorney for Bernie Brown and is also his son. Mr. Brown stated that Elmore County’s CAFO Ordinance is a product of a lot of work being done to come up with a good ordinance and they have complied with that ordinance. Mr. Brown stated that the Siting Committee did a site study and the committee stated the location is a very low risk area and the people on the Committee are all experts in their field. Mr. Brown stated he felt they have followed the process exactly as is required.

Matt Thompson, 203 Opal Circle, Kimberly, Idaho, 83341, stated he is an agricultural engineer for the Department of Agriculture specializing in nitrate and waste management. Mr. Thompson stated he would try to help with the questions about rural land. Mr. Thompson stated that the notion there would be more water use is a misconception. To change the permit the applicant must pull enough water out of production for use in the dairy operation. Water use cannot impact neighboring wells and the Idaho Department of Water Resources monitors that. Water quality has been addressed by the State. Mr. Thompson stated waste contamination requirements are also very strict. Mr. Thompson said nutrient recycling is very important on dairies and it takes one irrigated acre per each dairy cow and her heifer. Mr. Thompson stated he would be happy to answer any questions the Board may have.

Commissioner Cruser asked if there are meters on each well? Mr. Thompson said yes there are meters on all the wells. Commissioner Cruser asked what about waste water? Mr. Thompson said no. Commissioner Cruser asked when they say permit to construct is that air quality? Mr. Thompson stated it was. Prosecutor Bazzoli asked what if there are violations, like a discharge? Mr. Thompson replied a violation would result in a loss of permit to ship milk for a period of time which would be costly to the dairy operator. Commissioner Egusquiza asked what if there is a closure of a dairy and Mr. Thompson stated he did not know. Commissioner Rose asked if the dairy operators can only haul fertilizer so far? Mr. Thompson stated yes, only so far and that is regulated by DEQ.


Marv Patton, 3201 N. Blackcat, Kuna, Idaho, stated he is with the Department of Agriculture specializing in dairies. Mr. Patton stated, in reply to Commissioner Egusquiza’s question, there is no closure plan thus far but in January 2006 there will be. Commissioner Cruser asked if Mr. Patton inspects four times a year and he replied if they can, but at least once a year. Commissioner Cruser then asked who he would report a violation to? Mr. Patton stated a fine would be sent to the County. Commissioner Cruser stated if there was a fine we would know but otherwise not? Mr. Patton said there is a annual report that comes out. Commissioner Rose asked if someone calls the Department of Agriculture and says they are being troubled by flies everywhere? Mr. Patton stated that would be under the Health Department unless it hurts the dairy cows and then he would go out. Commissioner Egusquiza asked if he would respond to health issues and Mr. Patton stated that is usually under the Health Department but the Department of Agriculture wouldn’t turn a blind eye. Commissioner Egusquiza asked if they would respond to bird issues? Mr. Patton said that would be the Department of Wildlife, he doesn’t have the authority.

Donna Alger, 1470 Bruneau Highway, Mountain Home, stated she is concerned about the traffic, particularly the bottleneck at Bruneau Highway and Airbase Road. Ms. Alger stated she is also concerned about flies, dust, and the waste. Ms. Alger stated she believes large dairies should be classed as industrial not agriculture and that she would like to see the dairies built away from where people reside. Ms. Alger stated that residences near dairies would definitely go down in value.

There being no further testimony, Chairman Rose closed the verbal part of the hearing reminding people that they could come in to the Clerk’s office to review the written record until 5:00 p.m. on January 26th and they could rebut specific parts of that record in writing until 5:00 p.m. on February 2nd.

The hearing was closed.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk