COMMISSIONERS MINUTES MARCH 06, 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.
Present at the meeting was Chairperson Mary Eguqsuiza, Commissioners Larry Rose and Connie Cruser. Also present at the meeting was Clerk Best.
Bonnie Sharp of the Growth and Development Department appeared before the Board to discuss a Third Party Complaint by Cashia Brown regarding the Boschma Dairy. Bonnie stated Boschma Dairy consists of 720 acres in all and there is 600 feet from the flood plain to the CAFO area. Bonnie stated there is a quarter mile to the milking area from the flood plain and, although she wasn’t working for the County then, she thinks the dairy would not have been approved if it was in the flood plain. Motion by Egusquiza, second by Rose, to remand the Third Party Complaint by Cashia Brown back the Planning and Zoning Commission.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A Letter of Information (LOI) for Cort and Carlene Braithwaite was reviewed. The issue was tabled until later in the day.
The Proposed Confined Animal Feeding Operations (CAFO) Ordinance workshop began.
Comments that were submitted were reviewed. Marv Patton, Chief Bureau of Dairying, Idaho State Department of Agriculture sent a memo to the Commissioners. His number one concern is: Expanding CAFO - the definition of an expanding CAFO in part (2) “An existing CAFO that increases the capacity of its Animal Waste Management System”: under the definition of an Animal Waste Management System adding acres to an operation could result in an “Expanding CAFO”. Perhaps an amendment to an expanding CAFO definition would take care of this scenario. Somewhat along the lines of: “An existing CAFO that increases the capacity of its waste containment system”. Number 2: Under the definition of Material Change number 1 “Change in the size and/or location of the animal waste management system”. Provided however increased acreage for a cropping or grazing purposes, shall not apply. Number 3: Under V. Contents of Application for CAFO Siting Permit: A3. This section is confusing. The code sited 3803(2) is found in the Agriculture Odor Management Act under “Definitions”, and it reads as follows: “Agricultural animals means those animals including, but not limited to, mink, domestic cervidea, horses and ratites raised for agricultural purposes”. Does this section belong in the application for a CAFO siting permit? We are not sure what purpose this section serves.
Discussion followed on Marv Patton’s suggestions. The Commissioners felt that number 1 didn’t need to be changed, and they would leave number 2 and 3 the way it reads in the Ordinance.
The next written comment was from Planning and Zoning Commission member Debbie Lord. Her first concern was: “On page 10, section V. A (10), there is a requirement that all land application areas be included in the Nutrient Management Plan. While I understand that this same requirement is included in the existing ordinance, I am concerned for two reasons: First, such a requirement would force the operator to go through significant effort to track acres and practices outside of his control. A nutrient management plan is a detailed plan for the management and application of nutrients from a CAFO, and in order to fully implement and enforce the plan, the CAFO operator needs to have control of those acres. State and federal requirements are that an operator account within the plan the amount of nutrients that leave the facility, and who hauls those nutrients out. The plan won’t work if the operator is forced to implement plans on ground they don’t control. Second, such a requirement puts manure at a disadvantage as a fertilizer compared to commercial fertilizer. No such requirement for planning and enforcement is in place for commercial fertilizer in Elmore County, or any other government entity for that matter. Why would a farmer agree to utilize nutrients from a CAFO if there are requirements in place for these nutrients beyond what he would have to do for his existing commercial fertilizer use? On page 3, section II paragraph c under the definition of CAFO fish have been removed. They are referenced in the old document. There is no definition for liquid waste or liquid manure handling systems although the terms are used throughout the document. On page 10, section VA (11) the wording should be, Composting may be an acceptable alternative to land application under the supervision of the Idaho State Department of Ag or any other responsible State agencies.”
The first, second and third concern will be left the same after discussion, the fourth concern to change the wording on page 10, section VA (11) will be done.
The next issue under VII. CRITERIA FOR APPROVAL AND DEVELOPMENT STANDARDS FOR NEW FACILITIES, under C. Site Setbacks: 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 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... discussion followed on adding “built up residential zone or area” to that paragraph. A definition would have to be created if that phrase was added.
The Commissioners talked about Mr. Smith’s comments from the February 27th meeting about the wells, cased and un-cased. The Commissioners decided the verbiage under Site Setbacks number 7: “No Animal Waste Management System shall be located and/or operated closer than a minimum of five hundred feet (500') from a well” would be sufficient. The Siting team would take care of it.
On page 12 of the ordinance it was suggested by Catherine Brown at the February 27th meeting that all lagoons should have an impermeable liner. Discussion followed and Mr. Ketterling, a member of the audience and dairy owner, stated that might be more of a problem than the clay lagoons they have now. If one of the impermeable liner’s got a hole in it, it would seep into the ground as the ground under it would not have been packed, it would just be sand. The clay liners have been packed so tight that liquid cannot get through. He also stated anytime a dairy changed owners, the lagoons have to be cleaned out and re-inspected. The Commissioners stated if it was an IDAPA code then the new dairies would have to have impermeable liners and they do not.
The question on the CAFO definition including Medium CAFO’s asked by Jeff Lord at the 27th meeting was discussed. The concern is cow/calve operations. Discussion followed on how to word the Ordinance so it does not disrupt the long term historical way the cow/calve operations work. Chairperson Egusquiza will consult with our Prosecutor for correct wording.
Richard Appleton’s “One Time Animal Capacity” questions was discussed and the Commissioners will keep it the same in the ordinance.
Dave Hoagland’s concern from the February 27th meeting was regarding the setback of the Animal Waste Management System being located or operated closer than a minimum of 1,100 feet from a residence. A lengthy discussion followed with the Commissioners taking an informal vote on the distance. Commissioner Rose stated he felt a 1/4 of a mile, 1320 feet was an agreeable distance, Commissioner Cruser stated she felt 1/3 of a mile, 1760 feet was an agreeable distance, and Chairperson Egusquiza stated 1/4 mile was an agreeable distance. It will be changed to read “The Animal Waste Management System shall not be located or operated closer than a minimum of one thousand three hundred twenty feet (1,320') from an existing 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.
The Animal Waste Management System and land application was discussed. It was felt that the definitions were conflicting. The Definition of Animal Waste Management System will be changed to read “Any structure or system that provides for the collection, treatment and storage of Animal Waste.”
Cashia Browns suggestion of changing 1 ½ miles to 2 miles on page 12, number 5, was discussed and will not be changed. This is the same paragraph that has been referred to many times regarding the “built up residential area”.
Chairperson Egusquiza will consult with the County’s Prosecutor regarding the “built up residential areas” and what, if any, the definition would be.
Cashia Brown stated ten houses in a square mile would be her suggestion. Dave Bergh stated that was a zoning issue and should be handled at the Planning and Zoning Commission level.
The workshop will continue on March 13, 2006 at 3:00 p.m.
Motion by Rose, second by Cruser, to recess for lunch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Cruser, second by Rose, to approve the contract with Ormand Builders, Inc. for construction of the Elmore County Jail Facility in the amount of $5,486,719.00.
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(d) to meet with Social Services Director Marianne Bate.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza, to issue an order of dismissal on K-11-05-03.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
An application for a liquor license was reviewed. Motion by Egusquiza, second by Cruser, to approve the liquor license for Gabriela Romero, d/b/a La Plazita Mexicana.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Jo Gridley, Chief Deputy Assessor, appeared before the Board to clarify some questions on the levy for the fair. An application for property tax exemption from Mercy Housing Idaho, Inc. d/b/a Skyview Terrace Apartments was discussed. Motion by Egusquiza, second by Cruser to recess as a Board of Commissioners and convene as a Board of Equalization to consider the application.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve the application for property tax exemption for Mercy Housing of Idaho, Inc. d/b/a Skyview Terrace apartments.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed.
Bonnie Sharp of Growth and Development appeared to discuss the Letters of Information (LOI’s) that were tabled earlier in the day. Motion by Egusquiza, second by Rose, to approve the LOI for Cort and Carlene Braithwaite for property located in Section 16, Township 2 North, Range 7 East, with no additional conditions.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Egusquiza, to approve the LOI for Elizabeth Allen for property located in the Northeast Quarter of the Southeast Quarter of Section 11, Township 5 South, Range 10 East, with no additional conditions.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
John Kieffer, representing the Elmore County Soil and Water Conservation District appeared before the Board to discuss the District’s 2007 budget request. Mr. Kieffer stated that for several years the District has asked for $5,500.00 from the County to support it’s operation. Mr. Kieffer stated the District would like to request $6,000.00 for 2007 if there is any way the County could manage it. The Board advised Mr. Kieffer they would see what they could do at budget time.
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 was resumed and a formal resignation was accepted.
Correspondence received by mail was reviewed by the Board.
The Board then recessed to attend the Ground Breaking Ceremony at the future Jail property.
Regular session resumed.
The Board asked Deputy Clerk Barbara Steele to do letters to Central District Health and Betty Ann Nettleton stating that they had reappointed her to serve on the Central District Health Board. Motion by Egusquiza, second by Rose, to reappoint Betty Ann Nettleton to serve on the Central District Health Board.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The Board asked Clerk Best to send a copy of the proposed roadways ordinance to Chris Alzola. The Board also asked Clerk Best to contact Phil Miller regarding the easement agreement with Desert Sage to see what the status is.
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
