COMMISSIONERS MEETING                                         JANUARY 23, 2006

 

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 meeting were Chairperson Mary Egusquiza and Commissioners Larry Rose and Connie Cruser.  Also present at the meeting was Clerk Gail Best.

 

Frank Stowell, 9355 Old Highway 30, Hammett, appeared before the Board with a special request.  Mr. Stowell has been operating the Hammett Valley Trading Post for almost a year.  Mr. Stowell sells beer and wine at the business, and although he has a State liquor license, he did not know until last Friday that a County liquor license was also required.  Upon learning he needed a County license he immediately came to the Courthouse to start the process.  Mr. Stowell was able to get the Sheriff’s approval on Friday but was unable to get the approval of Central District Health until early this morning.  He asked the Board if he could get his County license on the agenda, and if they would grant him twenty-four hours to bring in the copy of his lease on the building.

 

Motion by Egusquiza, second by Cruser, to add the liquor license for the Hammett Valley Trading Post to the agenda for the day, and grant him twenty-four hours to bring in the property lease.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Rose, to approve the expenses as submitted in the amount of $106,040.94.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Egusquiza, second by Cruser, to approve the Ambulance District expenses as submitted in the amount of $28,763.95.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Mr. Stowell reappeared with his completed form for the liquor license.  Motion by Egusquiza, second by Rose, to approve the Beer and Wine license for Hammett Valley Trading Post with the provision that Mr. Stowell bring in a copy of his lease agreement.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Cruser, second by Rose, to approve the minutes for January 9, 2006 and January 17, 2006.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

There was general discussion on the provisions of the open meeting law.  The general consensus of the Board was that they were doing more Notice of Special Session’s than necessary.  The Board asked Clerk Best not to post a notice for February 17, 2006.  Notice of Special Sessions will only be posted for meetings called by the Board for specific purposes and meetings when the Board could make a decision on a matter.  Social occasions and meetings the Board is invited to for informational only purposes will not be noticed as special sessions.

 

Commissioner district boundaries were discussed.  The old Camas precinct will be reinstated and will be a mail-in only precinct.  Commissioner District 1 will include Mayfield, Mountain Home 4, 5, 6, 7, and 9.  Commissioner District 2 will include Atlanta, Camas, Glenns Ferry, Hammett, King Hill, Pine and Prairie.  Commissioner District 3 will include Chattin Flats, Mountain Home 1, 2, 3, and 8.  The changes will ensure more adequate representation by population and also provide for more equal representation on the Board from all areas of the County.  Motion by Egusquiza, second by Rose, to approve the boundaries for the Commissioners Districts and the precinct change to reinstate Camas as a precinct and make it a mail in precinct as presented. 

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

CAMAS PRECINCT

 

THAT PORTION OF ELMORE COUNTY, STATE OF IDAHO, DESCRIBED AS FOLLOWS:

 

Beginning at a point on the County Line in Section 1, Township 2 South, Range 11 East, proceeding westerly along the prominent ridge line dividing the Malad River and Camas Creek drainage area from the King Hill Creek drainage area to the peak of Bennett Mountain; thence proceeding northerly and northwesterly at a 45° angle to junction with Highway 20.  Thence southwesterly along Highway 20, approximately 1 ½ miles to junction with Cow Creek Road.  Following Cow Creek Road to its junction with South Fork Road, proceeding southeasterly along South Fork Road to a point between Rough Creek and Dive Creek.  Thence northeasterly and northerly along the ridge to House Mountain; proceeding along House Mountain Road to the junction with Meadow Creek Road.  Thence northeasterly along Meadow Creek Road to the junction with Fall Creek Road.  Thence in a southeasterly and northeasterly direction along Fall Creek Road to junction with Lester Creek Road.  Proceeding southeasterly along Lester Creek Road to its junction with Sloan’s Gulch Road and Lake Creek Road.  Southerly along Lake Creek Road to crossing of Lester Creek; thence southerly along the meander line of Lester Creek to projected point at middle of Anderson Ranch Reservoir.  Proceeding along projected line northeasterly thru middle of Reservoir to its junction with Lime Creek; thence easterly along the meander line of Lime Creek to the confluence of the North Fork of Lime Creek and the Middle Fork of Lime Creek.  Thence northeasterly along the Middle Fork of Lime Creek to the County Line, and thence Southerly along the County Line to the point of origin.

 

MOUNTAIN HOME PRECINCT #7

 

THAT PORTION OF ELMORE COUNTY, STATE OF IDAHO, DESCRIBED AS FOLLOWS:

 

Beginning at the intersection of American Legion Boulevard and 10^th East Street; thence proceeding north along 10^th East Street to the intersection with 10^th North Street; thence east on 10^th North Street to 18^th East Street; thence north on 18^th East Street to the northwest corner of Section 1, Township 3 South, Range 6 East; thence westerly one-half mile; thence northerly along an old trail to junction with feeder canal and Canyon Creek Road; thence northerly along Canyon Creek Road to junction with Mayfield Road; thence north along Mayfield Road to Case Creek; thence to the junction with Willow Creek; thence easterly along an old road to South Fork of Boise River and Trail Creek in Section 9, Township 1 North, Range 7 East; thence southerly along south bank of South Fork of Boise River to Danskin Bridge; thence southerly along South Fork Road to intersection with Cow Creek Road; thence southerly along Cow Creek Road to the intersection with Highway 20; thence southwesterly along Highway 20 to junction with American Legion Boulevard; thence southwesterly along American Legion Boulevard to point of beginning.

 

Chairperson Egusquiza discussed two annual grant applications that she signed on behalf of the Board, because the grants were past their application deadlines.  Motion by Egusquiza, second by Cruser, to approve and direct the Chair to sign two annual grant applications; one for the Boise Basin Cooperative Weed Management Area for 2006 and one for the South Fork Cooperative Weed Management Area Annual Operating Plan for 2006.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Prosecutor Schindele joined the meeting.

 

A letter from the Ada County Commissioners was reviewed seeking support for grant funds to replace docks in multi-jurisdictional locations primarily in Ada County.  Ada County asked the Board to write a letter in support of the grant.  Chairperson Egusquiza requested the Clerk write a letter on their behalf for their signature later in the day.

 

The department heads and elected officials met with the Board for their regular monthly meeting.  Gail Best, Clerk, reported that her staff is gearing up for elections.  Gail stated there are a lot of changes going into effect this election cycle and that her election deputy, chief deputy and she have been attending meetings called by the Secretary of State’s office and will continue to do so until the primary election.  Gail also told the department heads and other elected officials that there will be a demonstration of a new Pitney Bowes postage meter in the all purpose room at 10:00 a.m. on Thursday and urged employees to come to the demonstration so a decision can be made between the Pitney Bowes and the one that was demonstrated by Northwest Mailing, Inc. previously.

 

Jim Haydon, Assessor, stated his appraisers are checking the values and the State is working on the ratio study.

Rose Plympton, Treasurer, stated that the December tax collection was a good collection, $8.6 million dollars, up 1.3% from the previous year.  Rose stated that on Wednesday over 6 million of the $8.6 will be paid out to the taxing districts.  Rose reported that now her office has been working on the three year delinquencies, they have worked it down to 15 accounts and hope to dwindle that figure down even further.  There was general discussion on interest earned and interest paid on the jail bond.

 

Bonnie Sharp, Growth and Development Administrator, gave the Board some handouts.  The first handout dealt with a proposed ordinance for Elmore County Subdivision Roadway Standards.  Bonnie stated that this proposal has been reviewed and approved by the Highway Districts.  The Board asked Clerk Best to put it on the next agenda in the form of a draft ordinance.  Bonnie reported that Pepper Ridge Subdivision is still being worked on.  Bonnie stated she also heard another large dairy may be coming in 1.5 miles from the Nederland site, and perhaps a feed lot.  They have asked for preliminary paperwork so far.  Bonnie also stated that White Sage Subdivision will be coming in, but she is not sure if it will be in the County or will be annexed into the City at this point, the 550 unit subdivision will be North of Optimist Park.  Bonnie also gave the Board copies of the revised zoning permit application which will accommodate the contractor’s registration number, which is now required by the Idaho Contractor Registration Act as of January 1, 2006.

 

Bonnie also stated when manufactured homes are being moved into the County, she would like them to be required to show a zoning permit at the time they get their DMV license.  Bonnie also stated that Myron is still interested in adoption of the 2003 fee schedule increase.  The Board stated they really couldn’t understand Myron’s last communication on this to them.  Clerk Best suggested they present the Board with a chart showing the current fee, proposed new fee and the percentage difference for the increase.  Bonnie stated she would bring a chart in.  Bonnie stated Mr. Forrey and the Committee are working on the zoning and development ordinance, they are just finishing up on the definitions, which are a very important part of the ordinance.  Bonnie added that there has been some slowdown, because of illness in the Forrey family.  Bonnie reported that the E-911 project is coming along well and that Traci is devoting most of her time to that and has been able to almost exclusively work on it.

 

Bonnie also stated she is extremely concerned about Nick Nettleton’s term, she believes his term ends on February 25^th.  Bonnie stated she is concerned about who could take his place as chair.

 

Tom Gibbon, Chief of Security, stated he had no report.

 

Mir Seyedbagheri gave the Board his activity report.  Mir also stated that he has been keeping a close watch for the Potato Tuber Moth, he has found three thus far but no larvae as yet.  The Potato Tuber Moth is a potentially serious problem for the potato crop, worse than blight.

 

Chris Alzola, 1630 S. 18^th W., Larry Jewett, 5670 N. 18^th East, and Tom Ducharme, 1080 NE Sadupa Drive all representing the Mountain Home Rural Fire Department appeared before the Board to present a Resolution they have drafted for Fire Protection for Subdivisions in their District.  Mr. Jewett stated they feel it is their duty to do something to make new residences safe, the area is growing so fast.  Ms. Alzola stated that their District only covers an eight mile area, and so their resolution will not cover many areas, but she directed the Board’s attention to page 4, stating they are requiring all homes to install automatic fire sprinkler systems in accordance with the International Fire Code, Chapter 9, Section 903, 2003 Edition.  Ms. Alzola stated that this will do nothing to help protect the residents outside their District, but they felt that the Board of Commissioners should be aware of the action they were taking.  Ms. Alzola added that the real concern is what will the Board do if there is a big disaster, Tipanuk and Featherville are potentially disasters waiting to happen?  There also will be 364 homes in the Pepper Ridge Subdivision with no protection from fire.

 

There was discussion on whether the Fire District Resolution and the Highway District Resolution could somehow fit together.  Clerk Best asked if there could be a delay period, say a moratorium followed by an interim ordinance in which to put these new rules into effect.  Prosecutor Schindele stated that a moratorium can be in effect for 182 days and followed by an interim ordinance almost a year could be gained.  The concern, of course, would be the time it is taking for the new zoning ordinance to be prepared.

 

Motion by Egusquiza, second by Cruser, to recess for lunch.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

At 1:30 p.m. the Commissioners met in Executive pursuant to I.C. 67-2345(d) on a motion by Egusquiza, second by Rose, with Social Services Director Marianne Bate.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE

 

The following decisions were made:

 

K-12-05-04 Motion by Rose, second by Cruser, to approve with a reimbursement order of $75.00 per month.

EGUSQUIZA - RECUSED

ROSE - AYE

CRUSER        - AYE

 

K-12-05-06 Motion by Rose, second by Cruser, to deny as no interview took place, no documentation has been received, and the information is incomplete.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE

 

K-01-06-03 Motion by Egusquiza, second by Rose, to deny as not last resource, the bill will be sent to the Prosecutor’s office.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE

K-12-05-11 Motion by Egusquiza, second by Rose, to approve with a reimbursement order of $75.00 per month.  Discussion followed.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - NAY

 

K-12-05-07 Motion by Egusquiza, second by Rose, to approve with a reimbursement order of $250.00 per month.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE

 

K-01-06-01 Motion by Egusquiza, second by Cruser, to approve with a reimbursement order of $50.00 per month.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE

 

Regular session resumed.

 

Prosecutor Schindele gave the Commissioners a copy of the Findings of Facts and Conclusions of Law for the Jack and Courtney Hiler appeal.  After reading them, Chairperson Egusquiza made a motion to approve the Findings of Facts and Conclusions of Law on Jack and Courtney Hiler proposed 3-lot letter of information for a subdivision, second by Rose.  Discussion followed.  The second paragraph will be changed.  Prosecutor Schindele will bring over the corrected Findings of Facts and Conclusions of Law for the Clerk’s signature.  Chairperson Egusquiza corrected the motion to include the changes and Commissioner Rose amended his second to include the changes.

EGUSQUIZA - AYE

ROSE - AYE

CRUSER        - AYE

 

The work session on the CAFO (Confined Animal Feeding Operation) Ordinance followed. 

 

Commissioner Cruser stated that on page 10, she would like to add a number12 to read: For all facilities of 1,000 or more animals managing liquid waste, a closure plan must be submitted and a bond must be in place to insure adequate financial coverage for closure costs and or remediation of any contamination incurred during operation shall be posted in accordance with the guidelines of IDAPA 58.01.09 page 6, item 08 and  IDAPA 58 .01.09 page 7, b.  It then talks about the performance surety bond on page 2.  Chairperson Egusquiza asked if that refers to swine and poultry.  Commissioner Cruser stated yes.  Chairperson Egusquiza asked what does it say for just a general CAFO.  Commissioner Cruser stated it doesn’t say anything. 

 

Commissioner Cruser stated that Gooding County is going to require bonding in their new Ordinance and they have talked with some other Counties that will be doing so also.

 

Commissioner Rose stated why don’t we just pass an Ordinance stating no new CAFO’s.  We are making this so restrictive that nobody will be able to meet the standards.  Commissioner Cruser asked Commissioner Rose if he felt that they shouldn’t have to bond.  She also stated that if the legislature voted to have it for swine and poultry then why not have it for cows.  Commissioner Rose stated that in that case, we need to be all inclusive and require bonds for many things,  hauling fertilizer for example.  Commissioner Rose stated he didn’t feel the County was in the same boat as other Counties.  It has been stated that we don’t have the water or resources to have the problems the other Counties are having.  Terry Ketterling and Dave Bergh joined the discussion.  Bonding was discussed at length.

 

Chairperson Egusquiza read the proposed Gooding County Ordinance section regarding bonding:

 

Security for Removal: The CAFO owner shall provide to Gooding County, prior to the issuance of the CAFO Certificate of Occupancy, a performance bond in the amount approved by the Board of County Commissioners.  The bond equal to a written estimate from a qualified removal/clean up contractor.  Gooding County will be named as obiligee on the bond and must approve the bonding company.

 

Discussion followed on who would issue a bond for this.  Commissioner Cruser has checked a couple of companies and they do not issue these bonds. 

 

Commissioner Cruser stated she would like monitoring wells regarding nitrate levels be added to the Ordinance also.

 

Chairperson Egusquiza and Commissioner Rose stated that the State already does that.  Mr. Ketterling also stated it was a license requirement for his dairy.  More discussion followed.

 

Chairperson Egusquiza stated she felt on monitoring wells, that the State is already doing it, and she is not in favor of bonding.

 

Commissioner Rose asked Commissioner Cruser to check with the State Insurance Department and get an opinion from a banker on the bonding issue.  Commissioner Cruser will check on this.

 

On page 11, number 10 will be added to CRITERIA FOR APPROVAL AND DEVELOPMENT STANDARDS FOR NEW FACILITIES: 10.  Reports of monitoring wells must be reported annually to the Board of County Commissioners.

 

On page 9, h. the end of the paragraph reads...which are within one mile of the facility.  It will be changed to read...which are within one mile of the CAFO Facility Area.

 

On page 11, number 9 will now read: A New CAFO, Swine or Poultry Facility Area shall provide a hold harmless agreement pertaining to noise within two (2) miles of the legally described perimeter of the Orchard Training Range. 

 

On page 14, a new number 11 will be added: Reports of monitoring wells must be reported annually to the Board of County Commissioners.