COMMISSIONERS MINUTES                                     AUGUST 15, 2005

 

The Commissioners met in special session on the above date in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4^th East, Mountain Home, Idaho.  The purpose of the meeting was to work on the CAFO (Confined Animal Feeding Ordinance), and to review the Request for Proposal for the Public Defender.

 

Present at the meeting were Chairman Larry Rose, Commissioners Mary Egusquiza and Connie Cruser and Deputy Clerk Barbara Steele.  Terry Ketterling and Dave Hoagland were in the audience.

 

The proposed fire district in Pine was briefly discussed.  On August 22, 2005 the issue will be on the Commissioner’s agenda.

 

On page 10 of our Confined Animal Feeding Ordinance, Section VII  #2, the sentence reads: The New CAFO Facility Area shall be located a minimum of one and one-half (1 ½ ) miles outside the defined Area of Impact adopted pursuant to I.C. §67-6526 of any incorporated municipality within Elmore County.  New Swine and Poultry Facility Areas shall be located a minimum of two miles outside any Area of City Impact.  The sentence will now read: The New CAFO Facility Area shall be located a minimum of two (2) miles outside the defined Area of Impact adopted pursuant to I.C. § 67-6526 of any incorporated municipality within Elmore County and Mountain Home Air Force Base.  New Swine and Poultry Facility Areas shall be located a minimum of 3 miles outside any Area of City Impact.

 

Bonnie Sharp from the Growth and Development Department joined the meeting.

 

The Airport Hazard Zone and Agriculture A zones were discussed, along with the City of Area Impact and setbacks.

 

Bonnie Sharp stated that she would get a map from the City. 

 

Agricultural buildings, feed storage areas, feed bunks or feed racks and the setback minimum was discussed.  It was decided that the one hundred feet setback would stay the same.

 

Page 11, #5, “No new CAFO Facility Area shall be approved and/or located within one and one-half mile (1 ½) miles of a parcel of property in a residential zone or platted, approved or developed subdivision or an unincorporated townsite that has been platted for five (5) years or more as of the effective date of this ordinance” will remain the same.

 

Page 11, #7, now reads: No Animal Waste Management System shall be located and/or operated closer than five hundred feet (500') from a domestic well.  It will be changed to read: No Animal Waste Management System System shall be located and/or operated closer than five hundred feet (500') from a well.

 

Page 9 and 10, Section VI. PROCESS AND NOTICE AND APPLICATION HEARING FOR CAFO PERMIT APPROVAL.

 

The sentence reading: Hearings shall be advertised and conducted according to the requirements of conditional use permits contained in the Elmore County Zoning and Development Ordinance and Idaho Code § 67-6509; provided however, notice shall also be provided by first class mail to property owners within one and one half (1 ½) miles of the CAFO Facility Area - will be changed to read: Hearings shall be advertised and conducted according to the requirements of conditional use permits contained in the Elmore County Zoning and Development Ordinance and Idaho Code § 67-6509; provided however, notice shall also be provided by first class mail to property owners within 2 miles (2) of the CAFO Facility Area.

 

The next sentence following the one above reads: The Applicant shall also physically post notices at the external boundaries of the CAFO Facility Area at least seven (7) days prior to the hearing.  It will now read: The Applicant shall also physically post notices at the external boundaries of the CAFO Facility Area at least thirty (30) days prior to the hearing.

 

Impermeable liners for the lagoons were discussed.  Terry Ketterling stated a clay liner was the best.  Commissioner Cruser asked if the lagoons were covered.  Mr. Ketterling stated they were not.

 

Page 12, Section VIII, under A. General Requirements, #2, now reads: The Expanding CAFO Facility Area shall be located a minimum of one and one-half (1 ½) miles outside the defined Area of City Impact adopted pursuant to I.C. §67-6526 of any incorporated municipality within Elmore County.  Swine and Poultry Expanding CAFO Facility Areas shall be located a minimum of two miles outside any Area of City Impact.  It will now read: The Expanding CAFO Facility Area shall be located a minimum of 2 miles (2) outside the defined Areas of City Impact adopted pursuant to I.C. §67-6526 of any incorporated municipality within Elmore County and the Mountain Home Air Force Base.  Swine and Poultry CAFO Facility Areas shall be located a minimum of three miles outside any Area of City Impact.

 

Page 13, #7, now reads: No Animal Waste Management System shall be located and/or operated closer than five hundred feet (500') from a domestic well.  It will now read: No Animal Waste Management System shall be located and/or operated closer than five hundred feet (500') from a public right of way. 

 

On Page 14, Section X GRANT OR DENIAL OF CAFO SITING PERMIT: C.  If construction is not commenced within one (1) year of issuance of the New or Expanding CAFO Siting Permit, the Applicant shall appear before the Commission to show cause why construction has not commenced.  The Applicant shall reappear on a yearly basis thereafter to show cause why the New or Expanding CAFO has not been completed.  If construction is not commenced within one (1) year or completed within two (2) years of issuance of the CAFO Siting Permit, the Commission may revoke the Permit.  Once revoked, the Applicant may reapply.  Re-application shall be governed by statutes, regulations, and ordinances in effect at the date of re-application.

 

A lengthy discussion followed on the above paragraph.  Terry Ketterling stated he did not like the wording and thought it was too restrictive regarding the time frames given.  Financing for dairies was his concern, sometimes it takes longer.  Dave Hoagland thought the paragraph was fine because the applicant is required to appear to show cause why construction has not begun or finished.

 

It was decided that our Prosecutor would be asked to review the issue.

 

Page 14, D. CAFO Siting Permit Fees:

 

Now reads:

 

1.  Application Fee: $250.00

2.  Expanding Facility Permits: $500.00 plus $0.25 per Animal Unit, not to exceed five thousand dollars ($5,000.00), for the expanded Animal Units.

3.  New Facility Permits: $500.00 plus $0.25 per Animal Unit, not to exceed five thousand dollars ($5,000.00)

4.  Applications accompanied with a Variance request shall include an additional $250.00 fee.

5.  Late registration of existing CAFO: $250.00

 

All five of the above will be deleted and the new sentence will read:

 

See the current fee schedule located in the Growth and Development Department in Elmore County.

 

Page 15, Section XII PROCESS FOR CAFO OPERATION PERMIT: A. second paragraph - reads: After approval of a CAFO Siting Permit, if the permit holder desires to make changes to the proposal authorized under the CAFO Siting Permit that may violate the terms or conditions of the permit as the application was presented to the Commission, the permit holder shall present a written change request to the Administrator.  The change request shall be on a form provided by the Administrator and will contain information the Administrator deems appropriate.  The request shall clearly specify the proposed change(s) and shall provide an explanation or justification for the proposed change(s).  The Administrator shall respond to the Applicant within ten (10) business days of receipt of the change request.  If the Administrator determines the proposed change is minimal and does not violate the terms and conditions of the CAFO Siting Permit, the Administrator may approve the change request in writing and the permit holder may proceed with construction.