Commissioner's Minutes 12-12-05

COMMISSIONERS MINUTES DECEMBER 12, 2005

The Elmore County Commissioners met in regular session on the above date in the basement of the Elmore County Courthouse, 150 South 4^th East, Mountain Home, Idaho 83647.

Present at the hearing were Chairman Larry Rose and Commissioners Mary Egusquiza and Connie Cruser. Also present at the meeting were Prosecutor Kristina Schindele and Clerk Gail Best.

Chairman Rose announced that the first item the Board would be taking up would be the Rhead Dairy decision. Prosecutor Schindele cautioned the audience that they would not be allowed to speak during the Board’s deliberations, no new information could be taken - the hearing is closed.

The Board began deliberation on the Rhead Dairy Appeal. Commissioner Cruser stated she had been doing a lot of reading on the Rhead material over the past few days and is wondering what green manure is? Chairman Rose stated that the term refers to fresh manure, unprocessed in any manner. Commissioner Cruser then asked if the change to composting is a change that alters the application that was submitted? Chairman Rose stated he did not believe it would. Commissioner Cruser stated that another thing that she was wondering is if it would apply to all future operators of the dairy as well, and could you even do that? Commissioner Egusquiza said that could be made part of the conditional use permit (CUP). Chairman Rose agreed that anything included in the CUP would then apply to future owners as well as the Rheads. The report from the Division of Environmental Quality (DEQ) was discussed. Commissioner Cruser stated that all the items included in the report were checked off, but she could not find any backup material in writing to support that on some of the items.

Chairman Rose stated he had repeatedly been referring back to the Comprehensive Plan as he has been studying the Rhead Dairy issue. Chairman Rose said he would like to read into the record the section on Land Use Objectives as it appears in the Comp Plan because he has really studied that section as he has deliberated on the Rhead Dairy:

2004 Elmore County Comprehensive Growth and Development Plan. Page 31.

Land Use Objectives

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.

2. Coordinate planning and development with applicable highway district and health officials.

3. Coordinate land use planning with adjoining counties where joint land use problems or opportunities exist.

4. Analysis of Property Rights to be included in land use decisions.

5. Encourage and support commercial and industrial development if it complies with County ordinances and guidelines to create jobs and expand the tax base. Create two industrial zones; heavy and light.

6. Encourage orderly development of subdivisions and individual land parcels, and require development agreements when appropriate.

7. Review all commercial and industrial development proposals to determine the land use compatibility and impact to surrounding areas.

8. Review all development proposals in areas that are critical to groundwater recharge and sources to determine impacts, if any, to surface and groundwater quantity and quality.

9. Continue to evaluate and update “Area of Impact” agreements with the cities of Mountain Home and Glenns Ferry as required by State Code.

10. Develop, administer, and update the County-Wide Zoning Ordinance to protect property values and avoid mixing of incompatible uses.

11. Encourage and support land use proposals that are consistent with the community design objectives of all communities and districts within the County.

12. Allow heavy industrial/manufacturing land uses and waste facilities to locate in the Simco Road District only, subject to specific review and Conditional Use Permits.

13. Encourage and support multiple-use land management policies on all public lands within Elmore County.

14. Work with public agencies and citizens to study a possible future “Area of Critical Concern” corridor along the Snake River within or adjacent to Elmore County.

15. Evaluate all development proposals in terms of land use and environmental compatibility. Discourage development proposals, which negatively impact land use patterns and negatively impact the human and natural environment.

16. Support off-road recreational use only in areas where soils are stable and non-erodible.

17. Develop, administer, and update a Conditional Use Permit process for development proposals in applicable land classification areas.

18. Develop, administer, and update a Special/Hazardous Area Use Permit process for development proposals in hazardous or special areas, areas of critical concern or for Heavy Industrial uses.

19. Create a new zoning overlay designation to provide for recreation and tourism expansion.

20. Strongly encourage and support higher density residential development that is located within an area of city impact.

21. Review the current zoning ordinance and consider a new commercial zoning designation to regulate commercial businesses near public airports and the Mountain Home Air Force Base.

22. Federal and State land management and natural resource management agencies must coordinate their agency actions with the Board of Elmore County Commissioners by providing to the Board in a timely manner, prior to taking official action, a report on the proposed action, the purpose, objectives and estimated impacts of such action and the economic impact.

Chairman Rose stated he knows and understands the concerns people have about another dairy coming in, but it seems to be an accepted use in that particular area of the County - that is the general area where the other dairies are located. Chairman Rose stated he just does not know how the County can regulate it and be in accordance with the Comp Plan because the Board needs to go by the rules they have. Chairman Rose added that conditions can be added to the CUP to address concerns that the Board has.

Commissioner Cruser stated that the moderate rating by the siting team is a concern to her. Commissioner Cruser stated that the people involved in the dairy business out there are all good stewards of the land, but what about when they are gone and a new person takes over those operations? Commissioner Cruser stated she doesn’t feel there are enough safeguards to protect the citizens and the County.

Commissioner Egusquiza said going back to their public hearing, they should consider the third party part of it where enforcement by the Department of Agriculture was talked about, that would be the safeguards. Commissioner Cruser stated that from her life experiences she knows that agency policies can change. Commissioner Egusquiza asked Commissioner Cruser “is it mostly the third party contracts that bother you?” Commissioner Cruser replied “yes, but also the rating by the siting team and the comments made. I just don’t see any guarantees.” Commissioner Cruser read from the agreement “The parties to this agreement in stockpiling, laying, storing, preparing, composting,

transporting, and applying the composted manure agree to comply with the Nutrient Management Plans on file with the Elmore County Growth and Development Department.”

Commissioner Cruser stated she also questioned why the Rhead Family Dairy Nutrient Management Plan was a Preliminary Plan? A member of the audience asked the Prosecutor if he could give Commissioner Cruser a simple answer to her question, and was given permission to do so. It was explained that, at this point, the Nutrient Management Plan is always preliminary, a final plan is not required until one year after the start of the operation, and that is common to all dairies.

Motion by Rose to uphold the Planning and Zoning Commission - Commissioner Egusquiza asked if the Chair wanted to review the standards first? Chairman Rose withdrew the Motion he had started prior to Commissioner Egusquiza’s question. Chairman Rose then read into the record the nine standards for Conditional Use Permits from the meeting of the Planning and Zoning Commission held on July 6, 2005:

1. Will, in fact, constitute a conditional use as determined by the Official Schedule of District Regulations for the Zoning District involved.

Discussion: none.

Met standard by unanimous aye vote.

2. Will be in harmony with and in accordance with the Comprehensive Plan and this Ordinance. Discussion: none.

Met standard by unanimous aye vote.

3. Will 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.

Discussion: K. Duerig stated he did not believe it met the standard. He felt a 6000 head dairy should not be considered harmonious with existing agricultural operations.

Met standard by majority: 4:1, dissenting vote: K. Duerig

4. Will not be hazardous or disturbing to existing or future neighboring uses.

Discussion: K. Duerig stated it would be hazardous, including areas of manure application. Vice-Chairman Sobtzak stated he felt it was a compatible use because of the existing dairies in the vicinity.

Met standard by majority vote: 3:2, dissenting votes: R. Roddenberry and K. Duerig.

5. Will 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.

Discussion: R. Roddenberry stated he felt that it would not be served adequately by public services, and does not feel that anyone can predict what that amount of cattle will do to the water supply. P. Osborn stated it would be served adequately based on the Memorandum of Understanding with the Glenns Ferry Highway District. C. Hiler stated she would rather have manure on the land rather than chemicals, and rather have a spill of manure rather than chemicals. The Glenns Ferry Highway District stated with or without this dairy they will need to improve SW Beet Dump RD, so she did not see how they could be held responsible for improvements. K. Duerig sated he has reservations with the Memorandum of Understanding. It has some discrepancy with the daily trips listed in the application, yet he felt this met the standard. Vice-Chairman Sobtzak asked if Mr. Roddenberry felt there were any provisions possible to help meet this standard. R. Roddenberry stated not at this time.

Met standard by majority vote: 4:1, dissenting voted: R. Roddenberry.

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

Discussion: R. Roddenberry stated he felt if the dairy was permitted it could impact the Air Base, which would be an economic detriment to Elmore County. K. Duerig stated with the understanding the Rhead Dairy work with the Glenns Ferry Highway District to bear economic costs, he felt this standard was met.

Met standard by majority vote: 4:1, dissenting vote R. Roddenberry

7. Will not 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, glares or odors.

Discussion: R. Roddenberry stated he had been to other counties with dairies and there was odor. He sited Jerome as an example and said that we might get more than we bargained for. P. Osborn felt any of the above conditions could be mitigated by Best Management Practices, so this standard is met. C. Hiler stated these new dairies are built to a much different standard than the Jerome dairies, and there are over 99 dairies in that area versus only 7 approved in Elmore County. K. Duerig stated he felt this did not meet the standard because of odor, and because regulatory agencies do not know what the released pathogens will do. Vice-Chairman Sobtzak stated the standard will be met either by conditions or by Best Management Practices.

Met standard by majority vote: 3:2, dissenting votes: R. Roddenberry and K. Duerig.

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

Discussion: none.

Met standard by unanimous vote.

9. Will not result in the destruction, loss or damage of a natural or scenic feature or major importance.

Discussion: none.

Met standard by unanimous vote.

As Chairman Rose read the standards the Board gave their opinion on whether each of the standards have been met. Standards 5 and 6 were problem standards for Commissioner Cruser for Rhead Dairy.

There was further general discussion.

Chairman Rose stated that for the Findings of Fact and Conclusions of Law the Order should have the three elements added: Composting of the Manure, Maintaining the Third Party Agreements and that the Scrape System will be used.

Commissioner Cruser asked the Prosecutor if the Board put it in writing that these things must be complied with do the parties have to do it? Prosecutor Schindele replied if it is in the CUP, yes, but it all has to be in the CUP.

Commissioner Cruser stated she was still worried about the third party land. Commissioner Egusquiza said the Board could add in that the soil of third party land owners be tested annually. There was discussion on how best to know that the nutrient management plan was being followed - and how the County could track it.

Commissioner Cruser said she would like to impose the testing on the third party landowners. Chairman Rose said the State, specifically the Department of Agriculture is supposed to be doing the testing.

Motion by Rose to uphold the decision of the Planning and Zoning Commission on the Robert and Marlene Rhead Confined Animal Feeding Dairy Operation. The applicant will adhere to the Glenns Ferry Highway Department conditions, maintain third party agreements with owners having at least as many acres as the original third parties, continue to compost the manure, and to use the dry scrape system. Commissioner Egusquiza read the additional conditions from the Planning and Zoning Commission Order dated August 22, 2005 and stated with those conditions added to Chairman Rose’s motion she would second the Motion.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - NAY Motion carried and so ordered.

ADDITIONAL CONDITIONS:

1. Applicant will adhere to Glenns Ferry Highway District’s recommendations that the driveway access to the CAFO Facility be designed within a minimum 40 width, and with radii of 50 feet.

2. Maintain Landscaping and vegetation in the vicinity of the driveway on SW Beet Dump Road, to provide adequate sight distance.

3. CAFO Facility will be built as proposed, and operated in compliance with any Federal, State, and Local Regulations.

4. CAFO will be in compliance with the Memorandum of Understanding with the Glenns Ferry Highway District, and will comply with any cost sharing for upgrades or construction if necessary.

Chairman Rose announced the conclusion of the deliberations on the Rhead Dairy issue.

Chairman Rose stated the Board would now take up the Rick Taylor matter.

There was general discussion regarding the Rick Taylor CUP. Chairman Rose read the Additional Conditions from the Planning and Zoning Order dated September 6, 2005:

ADDITIONAL CONDITIONS:

The Growth & Development Department will inspect the site semi annually.

Mr. Taylor will meet all DEQ standards and remain in compliance at all times.

Mr. Taylor will properly dispose of all fuels, antifreeze and batteries.

Mr. Taylor will not store tires outside in the weather. Tires are to be in a contained area or covered area.

Mr. Taylor will install a 10' screened fence prior to any vehicles being moved on site.

Spill containment will be provided for oil & fuels either with a dike or a berm and will hold up to 110% capacity of the fuel storage.

A firebreak to BLM standards for that area will be maintained.

Hours of operation will be between 7:00 am - 9:00 pm.

Any outside lighting will be down facing so as not to be a nuisance to the neighbors.

The Board reviewed the Comprehensive Plan.

Chairman Rose read the nine standards all conditional uses must meet into the record:

1. Will the auto repair shop with Junk yard/Wrecking yard constitute a conditional use as determined by the Official Schedule of District Regulations for the Zoning District involved?

i. Yes. They are permitted in Ag A by Conditional Use Permit

2. Will the auto repair shop with Junk yard/Wrecking yard be in harmony with and in accordance with the Comprehensive Plan and this Ordinance?

i. Small businesses are allowed and permitted through conditional use in the Zoning and Development Ordinance. Use should not conflict with Comprehensive Plan.

3. Will the auto repair shop with Junk yard/Wrecking yard 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?

i. The vicinity is rural residential and undeveloped land. This property is across the road from Oasis Airport.

4. Will the auto repair shop with Junk yard/Wrecking yard be hazardous or disturbing to existing or future neighboring uses?

i. Conditions may be placed on the application to mitigate any uses that may be hazardous and/or disturbing.

ii. Applicant stated that any oil or potentially hazardous material recovered from vehicles he is repairing is recycled to heat his existing facility located in Nampa and he proposes to use the same method at this facility.

5. Will the auto repair shop with Junk yard/Wrecking yard be served adequately by available public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water sewer, or will the person responsible for the establishment of the proposed conditional use be able to provide adequately any such services?

i. No additional public facilities will be needed for this proposal.

ii. Area will be served by the Oasis Volunteer Fire Department.

6. Will the auto repair shop with Junk yard/Wrecking yard create excessive additional requirements at public cost for public facilities and services and/or be detrimental to the economic welfare of the County?

i. There should not be any additional requirements at public cost for any public facilities or services.

ii. Facility should not be detrimental to the economic welfare of the County.

7. Will the auto repair shop with Junk yard/Wrecking yard 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 odor?

i. Conditions may be placed on this to mitigate any possible generation of noise, traffic, smoke, fumes, glare or odor.

8. Will the auto repair shop with Junk yard/Wrecking yard have vehicular approaches to property, which shall be so designed as not to create an interference with traffic on surrounding public or private roadways?

i. Facility will have two accesses. One will be a private driveway to the residence, the other would be public access.

9. Will the auto repair shop with Junk yard/Wrecking yard result in the destruction, loss or damage of a natural or scenic feature of major importance.

i. Area is not designated as having a natural or specific feature of major importance.

Motion by Egusquiza, second by Rose, to uphold the Planning and Zoning Commission decision for Junkyard/Wrecking Yard with the same conditions as required by the Planning and Zoning Commission with the stipulation if problems occur the Planning and Zoning Commission will revisit the issue.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - NAY Motion carried and so ordered.

Motion by Rose, second by Cruser, to go into executive session pursuant to Idaho Code 67-2345(d) to meet with Social Services Director Marianne Bate.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

The following decisions were made as result of the executive session:

K-12-05-01 Motion by Rose, second by Egusquiza, to deny as not last resource, involuntary hold.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

K-11-05-06 Motion by Egusquiza, second by Rose, to deny as not indigent, self pay over a five year period.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

A hearing of reconsideration on K-08-03 was held. Marianne Bate gave a brief overview of the case. Neither the applicant or the provider was present for the hearing. Motion by Cruser, second by Egusquiza, for a final denial due to inadequate information.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

A hearing of reconsideration on K-09-04-03 was held. Marianne Bate gave a brief overview of the case. Neither the applicant or the provider was present for the hearing. Motion by Egusquiza, second by Rose, for a final denial because the debt has already been discharged by the Bankruptcy Court.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Motion by Egusquiza, second by Cruser, to approve the payroll for November 2005 in the amount of $306,471.55.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Egusquiza to approve for the record only, the Recorder’s Office Report, Clerk’s Bail Bond Report and Treasurer’s Office Report for November 2005.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Egusquiza to approve the expenses submitted in the amount of $352,684.77.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

A ten minute lunch recess was taken at 2:15 p.m. Regular session resumed.

Motion by Egusquiza, second by Rose, to approve the Ambulance District expenses as submitted.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Andrew Edgar, Regional Consultant for the Emergency Medical Services Bureau appeared before the Board to discuss legislation coming up in the next session pertaining to physician oversight. If the legislation passes, it will have an impact on Elmore County and their emergency services, as well as their medical supervision by Dr. Brininger.

Motion by Rose, second by Cruser to approve the minutes of November 14^th and November 28^th as submitted.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Chairman Rose read the tax cancellations into the record: No. 795 Clover Hollow LLC $648.00 and No. 796 Clover Hollow Company LLC $388.80 for a total of $1,036.80. Motion by Rose, second by Cruser to approve the tax cancellations as read by the Chairman.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Correspondence received by mail was reviewed by the Board.

There was discussion relating to the Board meetings immediately following Christmas and New Years. The Board cancelled the meetings of December 27, 2005 and January 3, 2006.

A letter from Vicki Smith, Chairperson of the Elmore County Public Safety Communications Board, was reviewed. Prosecutor Schindele will review the contract with EIS for the purchase of CAD equipment for the Elmore County Dispatch Center.

Motion by Egusquiza, second by Cruser, to approve and appoint Ann Wilson to the Elmore County Public Safety Communications Board, replacing Pat Hall.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Egusquiza, to sign the letter explaining the Medicare Part D Prescription Benefit which will be mailed out with the Circuit Breaker letters.

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.