COMMISSIONERS MINUTES
APRIL 25, 2005
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 Chairman Larry Rose, Commissioners Mary Egusquiza
and Connie Cruser. Also present at the meeting was Clerk Gail Best.
Motion by Egusquiza, second by Rose, to approve the minutes of April 11, 2005.
There was discussion, and one addition was made to the minutes.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Chairman Rose read the tax cancellations into the record: No. 759-Colleen
Hannigan $469.34, No. 760-Mark & Debra Fischer $96.73, No. 762-Heath Electronic
$545.34, No. 763-Wood Guy $8.18, No. 764-Lesleen M. Kaber $1,154.34, No.
765-Leonard & Marsha Hutterman $5.31, No.766 Pauline Berell $127.28, No. 767-Kim
& Ella Waltman $154.24, No. 768-Dennis Day $2.30, No. 769-Kmart Corporation
$11,323.81 and No. 770-Coolidge Group, LLC $1,192.67. Motion by Egusquiza,
second by Cruser, to approve the tax cancellations totaling $15,079.54 as read.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Prosecutor Bazzoli joined the meeting.
Bonnie Sharp of Growth & Development appeared before the Board to discuss two
items from her department. The first item of business was a Letter of
Information (LOI) for Craig and Carrie Wilson. There was discussion. Motion by
Egusquiza, second by Rose, to accept the LOI for Craig and Carrie Wilson with
the conditions set by the Planning and Zoning Commission.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The second item of business was to review the final plat for the Wright
Subdivision. Motion by Egusquiza, second by Cruser to direct the Chair to sign
the final plat for the Wright Subdivision.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to go into executive session pursuant to I.C.
67-2345(f).
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed and no action was taken as result of the executive
session.
The elected officials and department heads met with the Board for their monthly
meeting. Ted Knudson, Juvenile/Probation Coordinator, presented the Board with
his department’s March activities report. The Board reviewed the report with
Ted. Ted reported that the grant his department receives for curfew checks will
be cut back for the next year. Ted stated that curfew checks have been proven to
be a very successful program so he will be finding funds to continue the program
despite the cutbacks.
Bonnie Sharp, Growth & Development Director, gave the Board copies of the agenda
from the previous week’s Planning and Zoning Commission meeting. Bonnie stated
that the Planning & Zoning Commission is having Ordinance Revision meetings
twice a month. The Commission would like to have someone to help them with the
task, and were wondering if perhaps Wayne Forrey could guide them through the
process? Chairman Rose reviewed the budget and stated that the Professional
Services line did have sufficient funds in it and she should contact Mr. Forrey
to see if he could assist the Commission with the ordinance revision. Bonnie
stated she is continuing to go over departmental memos to see what is there.
There was a general discussion amongst the department heads and elected
officials present regarding the upcoming jail bond.
Mir Seyedbagheri, County Agent, gave the Board his activity report. Mir stated
he has been doing a comprehensive survey for the Potato Tuber Moth after
receiving a call from Jim Blanksma. Mir explained the Potato Tuber Moth is a
very dangerous new insect for volunteer potatoes which can make a crop
unsaleable. Mir also reported he has been working in cooperation with Mountain
Home Air Force Base for their new 4-H program and was part of the effort to
advertise for and hire a part-time 4-H program coordinator for the Base.
Rose Plympton, Treasurer, reported her office has been working on distraint
warrants for Personal Property, which will be going over to the Sheriff’s office
soon. Review of the title commitments for the tax deed property was discussed,
the Board asked for additional time for review, so the item will be placed on
the next agenda.
Jim Haydon, Assessor, stated his office is busy revaluing property and running
the ratio study. Jim stated they had to involuntary raise a couple of categories
as directed by the State Tax Commission. Jim added that there is certainly a lot
of growth in the County, as clearly evidenced by the number of new foundations.
Rick Layher, Sheriff, stated that the new camera will be put on the post office
building in King Hill rather than mounting it on a pole. Rick stated he has not
been able to get any answers from ADT so he will deal with the company from
California which had provided the initial information to Mike Barclay. Rick then
spoke about a $2,000.00 bill he had from the Forest Service for the rescue
effort when the man was kicked by the horse and needed to be picked up and taken
to the air strip for transport. Rick asked if perhaps Title III monies could be
used for payment of that bill. There was discussion. Motion by Egusquiza, second
by Cruser, to pay the Forest Service billing of $2,000.00 from the Title III
monies.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Cathy Wyllie, the Executive Director of the Elmore County Fair, appeared before
the Board to discuss matters pertaining to the Fair. Cathy reported that no new
information has been received related to the Meyers claim for about six weeks.
Cathy asked the Board whether Dan Collins could help set up some new computer
equipment she had. The Board stated yes she could ask Dan to assist her. Cathy
stated that the Moto Cross was going very well, and that they have the longest
jump in Idaho. Cathy stated they are gearing up for the fair, and this years
theme will be Elmore County Wild West and Rodeo. Cathy reported the parade will
be held on July 16th and will be in Mountain Home for the first time, and a real
effort is being made to really include the air base. Cathy stated the high
school rodeo has just finished up. Changing a part-time employee to a full-time
employee was discussed. Clerk Best suggested that Cathy come into the auditor’s
office and discuss the increase in hours to see if there was sufficient funds to
do that.
Joe Adamski and Mike Dettori, Ranger for the Fairfield Field Office of the
Sawtooth National Forest appeared before the Board to discuss the Sawtooth
National Forest Stewardship Project. Joe Adamski stated he is the Project
Manager for the project which will commence this summer after the public comment
period. One part of the project is Barker Marsh Hazard Fuel reduction east of
Featherville and is approximately 173 acres. Another part of the project is 20
acres in Camas County - the two parts will be combined into one project. There
will be a sealed bid process, similar to the timber sale, except that only the
timber that has been marked will be included in the sale. Mr. Adamski stated
that only a small component of the timber will be removed.
Mr. Dettori stated another project coming up will be the Westside Timber Sale,
the contract for that has already been given to the company that was Boise
Cascade, they will be taking out a million board feet. Mr. Dettori stated that
75% will be done by helicopter logging and the project will begin this summer
near Featherville. Mr. Dettori stated they will also be doing some renovations
to the Chapparal Campground. The Sawtooth National Forest rangers will be trying
to do some traffic management this summer, to try to limit motorized vehicles on
some of the roads. Some of this will be by placing large rocks around the
camping sites to limit how far back vehicles can drive.
Motion by Rose, second by Egusquiza, to recess for lunch and a jail inspection
tour.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
At 1:15 p.m., the Commissioner met in Executive Session pursuant to I.C.
67-2345(d) with Social Services Director Marianne Bate on a motion by Rose,
second by Cruser.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
The following decision was made:
K-04-05-01 Motion by Egusquiza, second by Cruser, to approve with a
reimbursement order of $200.00 per month.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed. Motion to go into Executive Session pursuant to I.C.
67-2345(b) by Rose, second by Egusquiza.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed and no action was taken as result of Executive Session.
The applicants for cases K-03-04-01 and K-04-99-03 appeared and asked the
Commissioners if their lien could be subordinated when they purchase a house.
When the subordination agreement is received from the lender the Commissioners
will review it.
Kathy Holley, Tom Turco and Rob Howarth from Central District Health appeared
before the Board for the FY 2006 budget presentation. Tom Turco is retiring and
Rob Howarth is taking his place. Ms. Holley reviewed the pamphlet that was
passed out. Ms. Holley stated her request for Central District Health for the
2006 budget is $113,053.00, which is down $174.00 from the current year. The
assessments in the District are based 30% on market values in the four counties
and 70% by population.
A letter was received from Jay Friedly on behalf of the Elmore Medical Center
Hospital District regarding an appeal of the second half of their 2002 taxes,
which they paid under protest. There was discussion by the Board and then the
request was denied. Prosecutor Bazzoli will write a letter to Mr. Friedly
regarding the Board’s decision.
Motion by Egusquiza, second by Cruser to approve the expenses as submitted.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Chairman Rose read the Certificates of Residency into the record: Lauren S.
Anchustegui, Laura Ashley Fagan, Amanda Laurene Fahey, Montserrat Guadarrama,
Chelsy Zora Jess, Jenna Elizabeth Newton, Kevin Scott Shenk, Elvis Tapia, Suzie
C. Tipton and Tyler Michael Zamora. Motion by Rose, second by Cruser, to approve
and direct the Chair to sign the Certificates of Residency as presented.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
A letter from Vicki Smith the Chairperson of the Elmore County Emergency
Communications Board was read and considered by the Board. There was discussion.
Motion by Egusquiza, second by Cruser to appoint Bob Wickham to replace Todd
Waite on the Emergency Communications Board and to send Todd Waite a letter
thanking him for his service.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
A telephone conference with Maggie Colwell of the Idaho Association of Counties
was set up to discuss use of Title III monies. Commissioner Egusquiza asked
Maggie if Title III monies might be used to construct a building to store
emergency equipment used on forest service land. Ms. Colwell stated if any of
the equipment was not used 100% in the forest, you could always do a “best
guess” percentage of use formula. For example, if the equipment stored is used
80% on forest land and 20% on other land than 80% of the project could be
financed by Title III monies and 20% with other sources of funding. The Board
thanked Maggie for her input.
A letter from Teri Lasuen of the Elmore County Employee Committee regarding
Ideal Savings Plan/Idaho College Savings Plan was reviewed by the Board. There
was discussion, particularly regarding having the plan contributions coming out
by payroll deduction. Chairman Rose stated he was not in favor of giving our
payroll clerk anything more to deal with as payroll deduction. The Board did
think it was a good program and thought perhaps those employees that wished to
do so could do the program on their own.
There was discussion regarding finding the time to conduct work sessions on
amending the Confined Animal Feeding Operation (CAFO) Ordinance. The Board
decided they would meet on each Monday that are not regular Commissioner’s days
from 1:00 p.m. to 5:00 p.m. for the specific purpose of working on the CAFO
Ordinance. If there is a Monday holiday, they will meet on the following
Tuesday. They will continue with that schedule until further notice when the
ordinance is complete. Other items of business will not be scheduled for the
work session days.
Chairman Rose read a proposed resolution into the record:
RESOLUTION NO. 347-05
DECLARING AN EMERGENCY MORATORIUM CONCERNING ESTABLISHMENT AND EXPANSION OF
CONFINED ANIMAL FEEDING OPERATIONS (CAFO’s).
WHEREAS, Elmore County is authorized by Article 12, Section 2, of the Idaho
Constitution to enact local regulations to protect the health, safety and
sanitation of the public within its jurisdiction, and
WHEREAS, the Local Land-Use Planning Act, chapter 65, title 67, Idaho Code
requires each Idaho county to comprehensively plan and regulate land-use in
order to protect the health safety and general welfare of its residents, and
WHEREAS, the Local Land-Use Planning Act authorizes an emergency moratorium when
an imminent threat to the public health and well-being is perceived by county
officials, and
WHEREAS, the experiences of neighboring counties in southern Idaho concerning
large confined animal feeding operations have been characterized by citizen
concerns about odors, vectors, groundwater quality and other nuisance factors,
and
WHEREAS, the character and relationships of various land uses constitutes an
essential consideration of the planning and zoning process, and
WHEREAS, agriculture has traditionally been able to peacefully coexist with its
surrounding neighbors, except in an urban context, but the magnitude of newly
established and projected CAFO projects is unprecedented in Elmore County
history, and
WHEREAS, the aquifer(s) upon which Elmore County has relied have been shown to
be in steady decline and have been the subject of particular legislative
attention at the state level that has prompted local involvement with water
quantity and quality issues of serious consequence for which there is no current
approved plan, and
WHEREAS, problems of contamination have already been demonstrated in at least
seventy-eight (78) Elmore County wells that two state agencies have found to be
contaminated with E-coli, nitrates and coliform bacteria, and
WHEREAS, plentiful water is an essential ingredient to address waste management
for confined animal feeding operations, and
WHEREAS, groundwater protection is not solely a state function and is an
important component of the land-use planning process that is a legal
responsibility of Elmore County, and
WHEREAS, the consequences of waste handling and waste management practices
associated with large dairies and feedlots can have lasting significant effects
upon the environment, the local economy, the desirability of living in an area
or region and upon community institutions that rely upon a high quality
environment to thrive and prosper.
NOW, THEREFORE, BE IS RESOLVED by the Board of Commissioners of Elmore County
that from that date upon which this resolution is approved by the Board of
Commissioners, until a date one hundred eighty-two (182) days thereafter, that
Elmore County will not accept for processing any applications for new or
expanded confined animal feeding operations that exceed five hundred (500)
animal units in total. Applications will continue to be accepted for new CAFO’s
that do not exceed five-hundred (500) animal units or for expansion of existing
CAFO’s until they reach a total of no more than five hundred (500) animal units.
DURING the period of this moratorium, the Board of Commissioners seeks the
advice of the Planning and Zoning Commission and others with constructive
suggestions and recommendations to be included within interim policies and
regulations that would govern the development and placement of CAFO’s.
Administrative employees of Elmore County are hereby authorized to take all
steps necessary to place this temporary emergency moratorium in effect and to
carry out its terms as appropriate.
APPROVED as a Resolution of the Elmore County Board of Commissioners on the 25th
day of April, 2005.
ELMORE COUNTY BOARD OF COMMISSIONERS
/s/ LARRY E. ROSE, Chairman
/s/ MARY EGUSQUIZA, Commissioner
/s/ CONNIE CRUSER, Commissioner
ATTEST: /s/ GAIL L. BEST, Clerk
Motion by Egusquiza, second by Cruser, to accept and sign the resolution
declaring an emergency moratorium concerning establishment and expansion of
confined animal feeding operations (CAFO’s).
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza to reappoint Al Sobtzak to another four-year
term on the Planning and Zoning Commission.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza to adjourn.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk
