COMMISSIONERS MINUTES FEBRUARY 27, 2006
The Elmore County Commissioners met in regular session on the above date in the basement of the Elmore County Courthouse, 150 South 4th 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.
Motion by Egusquiza, second by Rose, to add to the agenda an Executive Session under I.C. 67-2345(d) to be held at 3:00 p.m. which was omitted from the agenda by the Clerk’s office.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to go into Executive Session pursuant to Idaho Code 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed, no action was taken as result of the executive session.
The Board reviewed the minutes of February 21, 2006. Motion by Egusquiza, second by Cruser, to approve the minutes of February 21, 2006 with one spelling correction.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the expenses as submitted in the amount of $112,309.81.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The Board set a public hearing on the appeal from Ricky Tullis and Mike Homan-Palm Estates Subdivision for March 27, 2006 at 4:00 p.m.
A transfer of a liquor license for Featherville Resort was reviewed. Motion by Rose, second by Cruser to approve the transfer for Featherville Resort.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The Elected Officials and Department Heads met with the Board for their regular monthly meeting. Dan Collins, Plant Facilities Manager, stated that he has installed an anti-spam program on Gail’s computer to see how it works and if it does successfully limit the spam coming in he will install it on other computers. Dan also reported new carpeting had been installed in the Treasurer’s Office. Dan stated that last summer his crew installed new windows in the Juvenile Department and that in December they had done the same at Growth and Development. Upon reviewing the heating bills the County has been saving money since the installation. Now new vinyl windows have come in which will be installed in the Department of Motor Vehicles as well. Dan told the Board he had received a request from Ed Walters, through Clerk Best, to link the El-Wyhee Hi-Lites to the County’s web site. Dan stated he would like the Board members to visit Ed’s website and let him know if they would like him to do so. Dan stated he would be more comfortable if the Board made that decision.
Chairperson Egusquiza stated she would like to thank Dan and Tom for their cooperation in accommodating a handicapped Grandmother to attend her granddaughter’s 4-H function.
Chairperson Egusquiza announced that the County is going to start putting articles in the Mountain Home News regarding what is going on in the County. Barbara Steele has offered to write the articles, but the departments will have to come up with items of interest from their departments. Items of interest should be given to the Board.
Stephanie Kazyaka, representing Juvenile Probation, gave the Board a copy of the Activity Report for January. The Board was particularly pleased to see eight home visits noted on the report. Mediation techniques were discussed.
Mir Seyedbagheri, County Agent, gave the Board a copy of his activity report dated February 27, 2006. Mir will check on the amendment of contract with the Bureau of Land Management and report back later in the day.
Jennifer Crogg of Adult Misdemeanor Probation gave the Board an oral report of activities in her department. Jennifer stated that she also has 17 felony probation cases that she is involved in, and has 150 cases total. Jennifer stated that since this is the first time she has attended a meeting, she was not sure just what she should bring, but that she would do a written report for the following month.
Tom Gibbon, Chief of Security, reported that he had nothing to report.
Rose Plympton, Treasurer, stated that her office is working diligently on the tax deed process and that the list was published last week in the Mountain Home News. There are four properties on the published list and Rose feels one will pay what is owed. Rose stated that May 4th is the National Day of Prayer for 2006 and she is asking again for approval for the event to be held on the Courthouse steps at noon. The Board gave their approval for the Courthouse steps to be used for the National Day of Prayer on May 4th.
Jim Haydon, Assessor, stated his office is busy figuring the numbers for the ratio study, as is always done at this time of year. Jim stated at this point the State is saying his figures are low. Land values are increasing, a large sale used to be 200 to 300 acres, now sales are several thousand acres. Jim stated that in Mayfield a developer has purchased a large piece and there is a water problem out there. Growth issues were discussed.
Bonnie Sharp, Growth and Development Administrator, thanked the Board for reappointing Nick Nettleton to the Planning and Zoning Board. Bonnie reported that a few complaints had come into the department on various pieces of property and she is working with the Sheriff and Prosecutor on those complaints.
County roadless areas were discussed. Written comments that have been submitted to the Commissioners were reviewed. A letter will be sent to the Governor with the written comments received, with a copy to Patricia Barclay, Executive Director Idaho Council of Industry and the Environment. The letter will read that the Commissioners did not hold any public hearings on roadless areas, there were written comments received, and the Commissioners would like the roadless area to remain the same.
Brett Silver appeared before the Board to discuss trash hauling issues. Old appliances were discussed. Elmore County residents can take old appliances to the Bennett Road Landfill for free. Mr. Silver also stated that he has not received a call from Atlanta regarding recycling containers and he stated he will bring them up there after he is called. There was a brief conversation regarding Forest Service solid waste and how it was handled, it was thought that perhaps there was some agreement with the Forest Service. Deputy Clerk Steele will bring down the Forest Service Folder from the Clerks office after lunch for review.
Motion by Egusquiza, second by Rose, to recess for lunch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
At 1:00 p.m. regular session resumed. The article to be published in the Mountain Home News was discussed. Deputy Clerk Steele stated a few items needed to be clarified for instance how often do we want to publish it, would Mountain Home News charge a fee, and when would the Departments submit their information?
Correspondence was briefly reviewed.
Sheriff Rick Layher appeared for his portion of the Elected Officials monthly meeting as he was unable to attend earlier in the day. The ground breaking ceremony for the jail, which is scheduled for Monday, March 6th at 3:30 was discussed. Sheriff Layher was told about the article the Commissioners were going to publish and was asked for his department to submit information. He thought that was a good idea and would participate. Dan Collins, Plant Facilities Manager, appeared and Sheriff Layher asked Dan if he had an old computer that Rick could use at home to do reports on. Discussion followed and Dan will check into it. Dan also informed the Commissioners that the Planning and Zoning Ordinance had been put on the County’s web site.
At 1:30 the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate on a motion by Egusquiza, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The following decision were made:
K-10-05-01 Motion by Rose, second by Egusquiza, to issue a final denial as the VA is the last resource.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-01-06-02 Motion by Egusquiza, second by Rose, to deny as application is incomplete, no information has been received to prove residency or indigency, and there has been no interview.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-02-06-03 Motion by Cruser, second by Rose, to deny as not medically necessary and not last resource.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Still in Executive Session a hearing was held on K-11-05-06. Present at the hearing were the three Commissioners, Prosecutor Schindele, Social Services Director Marianne Bate, Deputy Clerk Steele, Bill Southwick and Soni Preece from Magic Valley Regional Medical Center. The applicant was also present.
Ms. Bate gave a brief overview of the case. The Prosecutor and Commissioners asked questions and a brief statement was given from the representatives of the medical center. The Commissioners will take the case under advisement and it will be put on the March 13th agenda.
Regular session resumed.
Rosa Pratt who works for CASA (Court Appointed Special Advocates) appeared before the Board along with Susan Hazleton, Executive Director of the Family Advocate Program, and Tina Frackleton, the CASA Program Manager. Ms. Pratt was inquiring if the County had any extra space for an office for their program. Chairperson Egusquiza stated she had checked with Dan Collins, our Plant Facilities Manager, about the vacated Public Defender’s Office. Ms. Pratt stated where they are now is very cramped and everything has to be locked up in a closet when they aren’t there. She brought photo’s for the Commissioners. Discussion followed on the layout of the old Public Defender’s Office and whether or not a space could be made. Chairperson Egusquiza stated when she talked to Dan there is County equipment that would have to be secured. The Commissioners will talk to Dan regarding the request.
Motion to go into Executive Session pursuant to I.C. 67-2345(d) by Egusquiza, second by Cruser.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A hearing was held on K-10-05-06. Present at the hearing were the three Commissioners, Prosecutor Schindele, Social Services Director Marianne Bate, Deputy Clerk Steele, Steve Jensen from Saint Alphonsus Regional Medical Center, the Applicant and his brother.
Ms. Bate gave an overview of the case, the Prosecutor and Commissioners asked the Applicant questions. The applicant was asked to contact the Sheriff’s Department regarding the accident report.
Motion by Egusquiza, second by Cruser, to continue the hearing to April 10, 2006 to gain further information.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
The Confined Animal Feeding Operations (CAFO) Ordinance workshop was held. The workshop is being held to finalize the CAFO Ordinance before a public hearing is set. There were several people in the audience and they took turns talking about the proposed ordinance.
Dave Hoagland, 6950 W. 36th S., Mountain Home, stated he felt that on page 12, number 5, which reads “No New CAFO Facility Area shall be approved and/or located within a minimum of one and one-half (1 ½) miles of a parcel of property in a residential zone or a 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. If however, a subdivision or unincorporated townsite has been platted for five (5) years or more and no public improvements have been built, the minimum 1 ½ mile setback shall not be applied to that subdivision or unincorporated townsite. Public improvements are those required by Chapter II, Article V-2, Section B.5-2 (Required Public Improvements) of the Elmore County Zoning and Development Ordinance” should have “built up residential areas” inserted instead of platted subdivision. He stated there are houses on lots in the Agricultural part of the County that are not platted subdivisions or unincorporated townsites and are unprotected in this ordinance.
Also on Page 13, number 6, which reads: “The Animal Waste Management System shall not be located or operated closer than a minimum of eleven hundred feet (1,100') from a residence belonging to someone other than the Applicant, or be located and/or operated closer than a minimum of three hundred feet (300') from property lines. However, the Animal Waste Management System for New Swine or Poultry Facilities shall not be located closer than a minimum of two miles of an occupied residence not part of the New Facility or owned, occupied or leased by the owner of the New Facility. Such setbacks may be reduced if the owner and occupant of the residence consent in writing”. Mr. Hoagland would like to see at least a mile instead of the 1,100' setback.
On page 18, letter F, it reads: “For all CAFO facilities managing liquid waste continued proof of liability insurance shall be submitted to the County annually”. Mr. Hoagland stated that Idaho Code requires a bond as stated in IDAPA 58-01-09. Commissioner Rose stated that only applied to hogs and chickens. Commissioner Cruser stated she has checked everywhere and nobody issues a bond for this. Commissioner Cruser also stated that far as liability insurance goes, there is nothing for hazard or pollution.
Mr. Hoagland stated that was all he had and appreciated the Commissioners work on this.
Richard Appleton, 2700 W. 36th S., Mountain Home, stated that on page 6, the definition “ONE TIME ANIMAL CAPACITY: The maximum number of animals that a CAFO Facility Area is capable of housing at any given point in time” does not state what the maximum should be. It says how much you can start with but not what the maximum is. He asked how many animals can go into a certain geographic area? Also on page 9, C. it reads: “An Existing CAFO that has registered with the Administrator or has obtained a CAFO Siting Permit may make changes without applying for another Siting Permit, if such changes do not meet this ordinance’s definitions of material change or Expanding CAFO”. He is not sure but thinks that the “do not” meet should be “do meet”. He thought it might be a typographical error. Discussion followed. Mr. Appleton stated it doesn’t make sense if they don’t have to apply for another siting permit if these changes don’t do this (meet this ordinance’s definitions of material change or Expanding CAFO).
Carl Latona, 7025 W. 36th South, Mountain Home, commended the Commissioners on the fantastic work they had done. He also added he conferred with the United States Geological Survey and they do not deem CAFO’s as being a very good idea for the environment. We sit on fractured rock and eventually if there is a spill it would seep through the fractured rock and cause contamination to the aquifer. He could not disclose who he received that information from. Also he agreed with Dave Hoagland about the residential areas. Also the 1,100' foot setback that Dave Hoagland talked about, Mr. Latona would like 2 miles. His major concern is the Air Base.
Catherine Brown, RR1 Box 816, Hamilton Road, Mountain Home, stated that perhaps the Board should call Joe Albertson on the bond issue. He bonds through the Idaho State Insurance Commission. Commissioner Cruser stated she had talked to them and they gave her other places to contact, which she did and no one would issue a bond. Ms. Brown stated that it shouldn’t be the County’s problem to find a company that would bond. Commissioner Cruser stated that they were told if the farmers can’t obtain a bond we can’t require it.
On page12, number 5, Ms. Brown stated she would like it to state 2 miles instead of 1 ½ miles and also reference residential areas as Mr. Hoagland suggested.
On page 14, under B., number 3 reads “Liquid animal waste should not be applied on snow, ice or frozen soil”. Ms. Brown would like to add or change it to read “all new lagoons should have an impermeable liner”. That is in IDAPA Code 58-01-09.
On Page 14, number 10 reads: “An Expanding 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”. Ms. Brown would like it to read (3) miles to follow IDAPA Code 67-65-26. Discussion followed and Ms Brown realized that it applies to the Orchard Training Range. Ms. Brown stated she had misread the paragraph.
That is all Ms. Brown had for comments.
Richard Smith, 2530 Smith Road, Mountain Home, stated on page 15, number 7 reads: “No Animal Waste Management System shall be located closer than a minimum of five hundred (500') from a well”. He thinks it should read “cased well”. Discussion followed and it was suggested it be changed to read “No Animal Waste Management System shall be located closer than a minimum of five hundred feet (500') from a cased well to bedrock and one thousand feet (1,000') from an un-cased well”.
Jeff Lord, 2611 North TK Lane, voiced his concern regarding the definition of Medium CAFO and asked where is it regulated in this ordinance. Mr. Lord doesn’t think that Medium CAFO should be included in the definition. He also stated that if we are going to regulate large CAFO’s than we don’t need to regulate Medium CAFO’s. He would like to see that part of the definition deleted. Commissioner Rose stated that was taken directly out of the EPA definition. Mr. Lord feels that it is a placement issue for Planning and Zoning, not for all the issues that EPA is requiring. If the Commissioner’s intention is regulating medium CAFO’s then the wording in the whole ordinance needs to be changed to follow suit. He also felt that the addition of residential areas in an Ag zone would create a regulatory burden. Who was there first would be the issue. Discussion followed that it would work both ways for developers and CAFO’s. Commissioner Rose stated that all the houses out in the Ag zone had to get a CUP to build there, they knew they would be in a Ag zone and be subject to the Ag related industry. Chairperson Egusquiza said they would have to define a residential area if they changed it.
Dave Bergh, 6025 Highway 30, Mountain Home, stated his organization didn’t have any issues except for the un-cased well, and he stated that the Siting Team would find any un-cased wells. Other than that they have no other comment. Chairman Egusquiza asked about the residential areas and the suggestion of 2 miles. He said he would like that to remain the same which is 1 ½ miles. If you start defining every small area that has a house on it and set a 2 mile setback it could be a problem. Chairman Rose stated the only way a subdivision can come into an Ag zone is it must have a Conditional Use Permit.
Mary Tucker, 7025 West 36th South, wanted to talk again about the residential zone. There are about 11 houses out by her and she was told at another meeting they don’t have a say about CAFO’s coming. They knew they were building in an Ag zone, but didn’t know they would have an industrial size cow operation so close to their home.
Barbara Raber 1500 SW Raber Drive, stated they have owned their property for 40 years and Ketterling dairy used to be down the road about 2 miles from their place, now it has expanded and is across the street from her. She feels it should be 2 miles from houses or a residential area. She is still having health problems.
Chairman Egusquiza asked if anyone else would like to speak.
Tom Westall, 658 McMurtrey Road, Mountain Home, appeared before the board to discuss the proposed sewer district. He stated the parties involved would be attending the City Hall meeting tonight. He showed the Commissioners an old Ground Water Management Advisory draft that the Clerk’s office had given him. The Commissioners informed him that was a very old draft. Chairperson Egusquiza stated we would get him the final draft. Mr. Westall asked if the County
Attorney would be attending the hearing on Thursday in Court regarding the proposed sewer district. He suggested the County check into Title 42 and Chapter 32 in Idaho Code as he felt it would save the County time and money. Chairperson Egusquiza stated she would bring in her final draft for Mr. Westall to pick up in the Clerk’s office tomorrow.
More input was taken on the CAFO Ordinance.
Claudia Haines, 8830 Dear Sky Ranch, Nampa, Idaho, works with Catherine Brown on CAFO’s. She wanted to thank the Commissioners for all their hard work they have done on this ordinance, and that she has worked with Cashia (Catherine Brown) for two years on this issue. She referenced a document that Cashia (Catherine Brown) submitted to the Commissioners earlier about a contamination that occurred in Washington County. The State Agencies indicated there is nothing they can do to stop the contamination that has occurred. There are 22 families drinking contaminated water. The State Agencies have tested that facility for over 4 years, they cannot put a reverse osmosis system in everyone’s wells. The damage is coming from the feedlot, it is not coming from the septic systems. The owner of the feedlot has not been fined, and the Dept. has Agriculture has allowed the spreading third party manure spreading near the facility even thought it is 5 times over the phosphate level. She wanted to let the Commissioners know how important this Ordinance was to Elmore County thanked them again. Commissioner Rose stated they were trying to make it so no one is happy, that everyone has to give a little. He hoped when new Commissioners were elected, that the residents of Elmore County would be content with the Ordinance and big changes would not be made. Ms. Haines stated that she has been told that State and Federal laws will prevent any problems from happening, and she pointed that out to the Washington County Commissioners that those laws have not stopped the contamination in that County. Ms. Haines said State and Federal rules trump anything the Commissioners do. Commissioner Rose stated that people needed to talk to their legislatures and if they don’t get results, replace them. Commissioner Cruser stated the legislature is currently working on coal fired plants. Ms. Haines also stated she worked with the Idaho Conservation League and that the three County Commissioners for Elmore County have done more than any other Commissioners in the eight counties she has visited.
Randy Harney 2903 East Hamilton Road, Mountain Home, On page 6 nutrient management, he looked up nutrient in the dictionary and he doesn’t think that is what we are talking about. Dairy Waste Management would be a better description. The Commissioner stated it has been called nutrient management for years. Discussion followed. Commissioner Cruser stated it is called the NMP and that is how everyone refers to it. They thanked Mr. Harney for his input.
Another CAFO work session was scheduled for March 6, 2006 at 10:00 a.m.
A third party complaint from Catherine Brown was discussed. Deputy Clerk Steele will send a copy of the complaint to Prosecutor Schindele and Bonnie Sharp, Growth and Development Director and the issue will be placed on the March 6, 2006 agenda.
Motion by Rose, second by Cruser to approve the following tax cancellations: No. 807 Southwestern Idaho Co-op Housing Authority $17,730.20 No. 808 Elmore County (Id. Circuit Tech, County took tax deed in 2000) $20,104.60 and No. 809 Elmore County (Id Circuit Tech, County took tax deed in 2000) $17,715.46.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Cathy Wyllie appeared before the Board as she was unable to attend the Department Heads portion of the meeting earlier in the day. She gave a brief update on the Fair. A ground maintenance person who has been hired to take care of the Fair grounds is doing good. A copy of the motocross contract for the fair grounds which was approved by the Fair Board was given to the Commissioners, and a copy will be given to Prosecutor Schindele for review. Ms. Wyllie gave Chairperson Egusquiza a copy of her job description. The Fair Board would like Ms. Wyllie to become an employee of Elmore County and the job description will be sent to the County’s Salary Survey Company, BDPA for review. Ms. Wyllie currently has a contract with the County.
Commissioner Rose stated that on the Fair grounds there is a cell phone tower that the County receives a monthly fee for renting the space. Another company wants to buy the tower and give the County a one time fee of $38,000 to keep the tower located on the same spot. Commissioner Rose stated the amount received monthly is a better deal for the County. The monthly income goes to Fair ground improvements.
Motion by Egusquiza, second by Cruser, to approve and have the Chairperson sign a cooperative agreement with the Bureau of Land Management, Amendment of Request for Application/Modification of Assistance Agreement regarding noxious weed control.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve and have the Chairperson sign the Professional Services Contract between the County of Elmore and Materials Testing & Inspection, Inc. for the Elmore County Jail.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Correspondence was reviewed. The advertising for the El-Wyhee Highlights was discussed and the Commissioners decided they would do the same as last year. Deputy Clerk Steele was told to tell Clerk Best.
Motion by Egusquiza, second by Cruser, to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
