Commissioner's Minutes 10-18-05

COMMISSIONERS MEETING OCTOBER 18, 2005

The Elmore County Commissioners met in special session on the above date to hold a public hearing on an appeal of an application from Robert and Marlene Rhead for a Confined Animal Feeding Operation Permit for a Dairy, located in an Agriculture A Zone. The Dairy Facility Site is proposed to be located in Government lots 1 & 2 and the South Half of the Northeast Quarter of Section 5, Township 5 South, Range 6 East, B.M. A more common means of locating this site is from Airbase Road and Highway 51 (Bruneau Hwy), proceed south on Highway 51 approximately 7 miles to SW Beet Dump Road, turn west on SW Beet Dump Road for approximately 1 mile, proposed site is located on the south side. The appeal was filed by Concerned Citizens of Elmore County.

Present at the public hearing was Chairman Larry Rose, Commissioners Mary Egusquiza and Connie Cruser. Also present was Prosecutor Kristina Schindele, Deputy Clerk Barbara Steele and Court Reporter Roxanne Patchell from Tucker and Associates..

Chairman Rose stated if the public had written comment to give it to the Deputy Clerk and written testimony could not be read into the record. The written comment will be made part of the record the Commissioners will review.

Chairman Rose read off the sign in sheet for people to speak that were in opposition.

K.C. Duerig, 4199 N. Meridian, King Hill, ID, was first and he stated he had turned in his written testimony.

Tracy Lauric, P.O. Box 876, Mtn Home, ID, also on the sign in sheet to speak, handed in her written testimony.

Carol Klemmer, 1315 W. 39^th S., Mtn Home, ID, stated she was opposed to the dairy.

Arlene Hoagland, 6950 W. 36^th S., Mtn Home, ID, stated the whole operation will tremendously impact the area.

Venetta Rediker and William Rediker, 4630 Rediker Drive, Mtn Home, ID, both stated they did not wish to speak.

Cashia Brown, 816 Hamilton Road, Mtn Home, ID, stated that in the paperwork she had submitted the dairy does not meet all the nine standards and doesn’t have adequate space. She spoke about impermeable liners and what was acceptable by the DEQ. She stated the fire protection is not adequate. She also stated waste will leak straight into the aquifer and that the Rhead family isn’t concerned about the economic welfare, the eleven hundred signatures were not addressed at all, basic concerns were not acknowledged properly. The magnitude of having too many dairies together. Ammonia and Sulfite gases were dangerous along with the reduction in water use, and that we have to rely on the State and Federal regulations for our health and welfare.

Dave Hoagland, 6950 W. 36^th S., Mtn Home, ID, stated their group has already handed in a lot of facts. Mr Hoagland asked how many cows and manure can we have in our County. How many irrigated acres can take the manure and if there are water problems will you protect us?

Sandy Pitts, 150 War Eagle, Mtn Home, ID, spoke to the Board. She stated she moved here 8 years ago and is concerned about being surrounded by dairies and the problems they bring. She was not happy about the cheese factory coming to Mountain Home. Commissioner Egusquiza corrected her and said it was a packaging plant. Ms. Pitts stated she read it in the Idaho Statesman that it was a cheese factory. She is afraid that Elmore County has become a dumping ground because we are rural and don’t receive the respect given to people of higher status and urban background.

Carl Latona, 7025 W. 36^th S. Mtn Home, ID, stated he was concerned about the Community, the Airbase and the County’s safety.

Chairman Rose read off the sign in sheet of those in favor.

C.H. Weston, 16316 Orchard Ave, Boise, ID, appeared before the Board as the representative for the Rhead Dairy. Mr. Weston referred to a map showing where the proposed dairy would be located. He pointed out it is 4 miles to the nearest subdivision, outside the area of impact, in an agriculture zone and the water flows towards the snake river. He explained he had a team of different people representing the proposed Rhead dairy. The Rhead’s are requesting a Conditional Use Permit to establish a dairy (CAFO) consisting of 7,200 animal units in an agricultural zone consisting of approximately 650 acres. Chairman Rose interrupted Mr. Weston and said he was reading off the submitted testimony and that was not allowed. Mr. Weston apologized and stated he would be calling on some people to testify and explain some issues.

Steve Hannula, 11044 Mohawk Drive, Boise, ID, appeared and stated they were not appropriating new water rights, they are transferring the current water rights from irrigation to stock water rights. To transfer these rights a certain portion of the water is deferred and the Department of Water Resources may meter and require annual volume reports as the location is in the groundwater management area. He explained the water quality data base and stated no nitrates are present in the area. Commissioner Cruser asked about the transfer of water rights and how much is recharged? Mr. Hannula said if you used 10 gallons for example, only 6 gallons would transfer. He stated some portion would return to the aquifer. He stated that the Department of Water Resources would likely require metering. Discussion followed on the water, groundwater flows and charts. Prosecutor Schindele asked for clarification regarding the groundwater and how it flowed and Mr. Hannula stated if anything happened it explained who might be potentially impacted. Prosecutor Schindele stated that the impact would then be the Snake River, not the City, if something went wrong according to the map. Mr. Hannula stated that was correct although no one has ever studied the impact.

Next was Chris Lammer, 1605 N. 13^th St. Boise, ID, a paid consultant working for Millennium Science and Engineering to discuss item number 4 on the appeal that stated that the Clean Air Act was not considered. The Clean Air Act implemented by DEQ (Department of Environmental Quality) has the responsibility to make sure the rules are followed. They do not regulate dairies and permits are not required. He explained emissions from dairies. Commissioner Cruser asked if this issue was being discussed. Mr. Lammer replied the process is under way and public hearings were held this last summer, it depends on whether you dry scrape, compost or have a liquid rinse. That will depend on how emissions are regulated. Commissioner Cruser asked if requirements were implemented would current dairies have to come into compliance, or would they be grandfathered in and he stated they would be grandfathered in and would not have to comply.

Travis C. Kator, 3504 2^nd W., Soda Springs, ID, who is with EGS Consulting put together the nutrient management plan for the Rheads. He stated his plan included 3^rd party recipients and was here to answer any questions the Commissioners had. The Commissioners stated in the permanent CAFO ordinance public hearing 3^rd party recipients were discussed in length and that if the County imposed restrictions, the County would have to regulate it. Mr. Kator stated the Department of Agriculture might not be able to regulate it but maybe DEQ could. Through the composting process most of the pathogens are killed off naturally. The Odor Management Act states there must be an odor management plan which is imposed by DEQ and by reducing the odor it also reduces emissions. An odor management plan is not required unless there is a violation from the Department of Agriculture. Commissioner Cruser asked if they could require it, he replied that would be up to the County.. Mr. Kator replied the Rhead Dairy will dry scrape and a minimal amount of water will go into the ponds. The Odor Act does not come into play. Discussion followed on composting and the end product being potting soil.

Dave Bergh, 6025 Hwy 30, Mtn Home, ID, Vice Chairman of the Elmore County Agri- Business Coalition, Inc appeared and stated he would like to bring up a couple of points, misconceptions and misunderstandings. He stated that regarding the 3^rd party waste, farmers using it would not allow tons of manure to be applied to their land, they can’t afford to saturate the soil to a point that it cannot be used. If you over fertilize your land the sugar percentage goes down in the sugar beets. If you have soil problems, seedling won’t grow. We have to be good stewards of the land and Nutrient Management plans are a good tool. Another item is where the CAFO’s are locating specifically in our County. We don’t have the resources here like the Magic Valley. We won’t have wall to wall dairies, we don’t have the irrigated acres. The new dairies are better and are more environmentally friendly.

Mike Grimmett, 2645 E. 18^th S., Mtn Home, ID, President of the Elmore County Agri-Business Coalition, appeared and stated he supported the findings of the Planning and Zoning Commission approving the Conditional Use Permit for the Rhead Dairy. He briefly spoke about water use, how farmers survive and that we have the opportunity to be leaders in the State. He wholeheartedly supports the Rheads and their permit.

John Roth, 9475 Galloway Rd, Middleton, ID, stated he has built several dairies in Idaho and two of them right here in Elmore County. He asked the Commissioners if they had any questions. He stated he is interested in opening a business in Mountain Home to accommodate dairy equipment and will move here if the growth continues.

Ed Schiller, 701 W. Benton, Nampa, ID, stated he did not wish to speak.

Del Christiansen, 17169 Lochsa Ave, Nampa, ID, appeared before the board and stated that from 1980 to 1990 he farmed the Rhead ground and has worked with different farmers since then. He supports what Dave Bergh said regarding good nutrient management on the soil. Manure is better than commercial fertilizers.

Billy Wolfe, PO Box 398, Grandview, ID, stated we needed industry in the County for our tax base. The water table is north of town and more houses in the farm area of the County drains the water from the farmers. He stated with dairies in the area it will help the aquifer as they use less than irrigating the land. He suggested putting residential areas north of town, not south of town. He stated everyone wants to live in the country but no one wants the smell. The Simplot Feedlot is not as bad as it used to be. The cheese packaging plant coming here will enhance our tax base also. He stated the Department of Water Resources will probably monitor the water use on this dairy and if it smells, call the Department of Agriculture. The water conversion will help groundwater and domestic wells.

Laurice Bentz, 1310 Amber Drive, Mtn Home, ID, stated she has been married to a farmer for 54 years. It is too much of a strain these days if you make one mistake in farming. Small farmers cannot afford dairies these days. Our area is ideal for dairies, we don’t have a lot of rainfall. Bankers would not lend money for dairies if they were not regulated. The dairies now have to have a viable plan, if they don’t make money, they cannot get loans. A dairy would be beneficial to the County and she feels a lot of fears are blown out of proportion.

Barry Peterson, 1111 Poplar, Mtn Home, ID, stated Agriculture is an important part of Elmore County. Seventy percent of the area is publically owned and 5% is viable land for dairy operations. The importance of Agriculture cannot be neglected. The Rheads have been farming for 40 years and have the oldest deep well water rights in the area. When the base was to close, a committee was formed and a search was conducted to promote the dairy program. If every piece of ground that could support a dairy was a dairy, it would still not overwhelm the County. Natural disasters are happening all over the world and if we had a variety of industries we would be self reliant if we were hit by a natural disaster. We have a power production plant now, and how would we survive without power? Mr. Peterson recommended that the Commissioners be inclusive of all the elements that make up a healthy society.

Jack Hiler, 1315 E. 5^th N, Mtn Home, ID, stated he was there regarding reason #2 on the appeal. He stated that Mr. Hoagland doesn’t know his wife, she is the daughter in law of John Hiler and she does not benefit monetarily from the Rhead Dairy, and he stated he did not know if the Rhead’s had ever bought fuel from Hiler Brothers. He stated he was in favor of the Rhead Dairy.

Rocky Trail, 5308 E. Trail Rd., King Hill, ID, stated he had heard a lot of mistruth’s tonight. He has lived here his whole life and his family has farmed the same piece of ground for 69 years. He raises a small amount of grain and large amounts of sugar beets. He stated the dairy industry is important to us. We are limited to what we can grow and he would like to have a dairy close to him and have it contribute to the tax base of Elmore County. When a dairy goes in the tax value increases which pays for schools, roads. He is not anti- Air Force Base but the bond issues of the community fall back on the taxpayers of Elmore County. The cheese packaging plant will add 250 jobs and it directly relates to dairy industries. Dairies drive spin off opportunities and the list goes on and on. He suggested to visit a modern dairy and a family dairy and see the difference. The newer larger dairies are on top of the list. Just because the operation is big doesn’t mean it’s wrong.

Rusty Trail, 1224 N. Coblantz, King Hill, ID, did not speak.

A brief recess was called.

Jack Shrum, PO Box 703, Glenns Ferry, ID, stated he was in favor, this would be great for the County, it is in a great spot and we need their business.

Matthew Blanksma, HC 85 Box 23A, Mtn Home, ID was not present to speak.

Jack Streeter, 195 N. 2^nd W. Mtn Home, ID. was called to speak but had left.

Terry Ketterling, 475 E. 16^th N. Mtn Home, ID, spoke next. He stated his dairy borders the Rheads property. He stated the water for his dairy was tested more regularly than the private wells in the area. His cows have to be healthy to produce healthy milk. He also stated that dairies are inspected much more now than 20 years ago and must follow all the regulations so that milk is safe for consumption. He stated they did milk a lot of cows but are still a family farm. The tax base for infrastructure in the County is very important and should not rely on the Air Base solely. He hopes the Commissioners can embrace the dairies

John Steiner, 24597 Collett Rd, Oreana, ID appeared before the Board and stated he had been listening to all of the hearings on CAFO’s. He stated the County has a Comprehensive Plan and we need to trust the technical people as they are well educated about these issues. He feels this is a good project and supports it.

Marv Patton, Department of Agriculture, appeared and stated everyone was quite well versed and generally speaking were accurate. He stated that we are leading the nation on what we are doing in our State. Third party manure management was discussed again.

Cashia Brown, representing the Citizens against CAFO’s gave a brief overview of what was said and what her organizations complaints were.

Commissioner Cruser questioned the Glenns Ferry Highway District study that was part of the record. It was stated that the Planning and Zoning Commission decided it wasn’t appropriate to require the Rheads to improve the road because everyone else was using it too.

The record for written testimony will be kept open until November 1, 2005, 5:00 p.m. The written testimony may be submitted to and will be available for review at the Clerk’s Office, Elmore County Courthouse.