COMMISSIONERS MINUTES MAY 22, 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 were Chairperson Mary Egusquiza and Commissioners Larry Rose and Connie Cruser. Also present was Clerk Gail Best.
Motion by Egusquiza, second by Rose to approve the minutes of May 8, 2006 and May 15, 2006. There was discussion and the minutes were approved with some minor rewording.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to add the approval of expenses to the agenda.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose, second by Cruser, to approve the expenses. There was discussion. The expenses were approved with the exception of one in the red dot file that did not have a meal voucher attached. Total expenses $152,655.09.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Marty Jones of the Central District Health Department appeared before the Board to update the Board on various issues. Bonnie Sharp of the Growth and Development Department was there to observe. Mr. Jones stated that he had visited the Glenns Ferry Landfill and there is quite a bit of improvement out there, he is keeping a close eye on it. Chairperson Egusquiza asked if SILD workers should go out there and do a cleanup? Mr. Jones stated it would be better to wait until early to mid June because the wind would probably not be so strong at that time.
Mr. Jones updated the Board on land development. Mr. Jones stated that in East Hammett Estates all lots will be five acres to avoid nitrate-pathogen studies since the development is in the area of concern. Off Simco Road 178 lots are proposed, the developers are considering a central water system. If they were to go with smaller lots they will have to do a lot of costly engineering work to prove that separate wells and septics will work in that area.
Mr. Jones stated that doing the environmental work ahead of time seems to be working well with no complaints. Mr. Jones concluded by stating that there is a lot of interest in the western area of the County for Development.
Nick Schilz of Disaster Services appeared before the Board with a Declaration of Disaster resolution declaring that the Middle Fork of the Boise River Road near or at Bear Creek, James Creek Road and Rocky Bar Road were washed out leading to Atlanta. Chairperson Egusquiza made a motion to add the Declaration to the agenda, second by Rose.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Commissioner Rose read the proposed Declaration into the record:
ELMORE COUNTY
DECLARATION OF DISASTER
RESOLUTION NO. 373-06
WHEREAS, The Elmore County Board of Commissioners, pursuant to Idaho Code Section 46-1011, has the authority to declare a state of local disaster emergency regarding Elmore County, Idaho; and
WHEREAS, On May 20th, 2006, heavy rain and high temperatures causing a high volume of melting snow causing the Middle Fork of the Boise River Road near or at Bear Creek, James Creek road and Rocky Bar road to be washed out in several places, leading to Atlanta, Idaho; and
WHEREAS, The high water has washed some of the road support material out and allowing approximately 300 - 600 feet at the Middle Fork Road site to wash the road out and be damaged, and two places on the Atlanta side of James creek one of which was over a 100 feet long. Another at Red Warrior going toward Rocky Bar and Atlanta, and
WHEREAS, The Middle Fork Road is the primary road into Atlanta, Idaho. The residents of Atlanta are currently land locked and unable to received Emergency Services, or supplies; and
WHEREAS, The Elmore County Board of Commissioners request that the Governor of the State of Idaho, together with other appropriate state officials, together with other appropriate federal officials, make such declarations, and provide such assistance within Elmore County as are required and allowed by law.
NOW, THEREFORE, BE IS RESOLVED that Elmore County Board of Commissioners does hereby declare, pursuant to Idaho Code Section 46-1011, a local disaster emergency to exist in Elmore County, Idaho; and
BE IT FURTHER RESOLVED, That the Governor of the State of Idaho be advised of this local disaster emergency and is requested to take all action available for him for amelioration of the above described local disaster emergency; and
BE IT FURTHER RESOLVED, that the Elmore County Recorder be directed to properly file this Resolution pursuant to Idaho Code Section 46-1011.
ADOPTED THIS 22ND DAY OF MAY, 2006
ELMORE COUNTY BOARD OF COMMISSIONERS
/S/ Mary Egusquiza, Chairman
/S/ Larry E. Rose, Commissioner
/S/ Connie Cruser, Commissioner
ATTEST: /S/ GAIL L. BEST, Clerk
Motion by Egusquiza, second by Rose, to accept and sign the Declaration of Disaster.
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.
Gail Best, Clerk, stated that the focus of her office is the primary election at this time. Gail stated that a low turnout is expected, but that a poor turnout takes as much preparation and time to get ready for as a Presidential General Election. Gail reported that the process will pretty much take all of this week, since after election night the poll books need to be balanced for the Board to canvass the election. Gail added that so many people work on the election, a fact she very much appreciates. After the election is behind them, budget time is looming. Gail reported, and that will be the new focus again.
Bonnie Sharp, Growth and Development, reported that she will be attending the Southern Regional and Director’s Conference in Gooding this week. The focus of the meeting will be Nitrogen/Pathogen studies. Bonnie reported that she went to a Waste Water Treatment Plant demonstration in Star last week. Bonnie stated that is a fascinating process. Bonnie also reported that she had purchased a decibel meter for the department for monitoring purposes.
Teri Lasuen, Chief Deputy Treasurer, reported that her office is working with tax notices and getting ready for changes on land values with the new legislation that was passed this last session on the homeowner’s exemption. Teri reported that will be very interesting to see just how that legislation will effect the tax rolls.
Stephanie Kazyaka, of the Juvenile Probation Department handed in a trip report from Angela Ireland’s recent 21st Northwest Community Service Conference in Bend, Oregon from May 10th to May 12th. Stephanie reported that the office is in a holding pattern right now, the office is being painted and patched and the new desk has been received. Monica attended a workshop as continuing education for her evaluator’s license. The workshop also included information on drug and alcohol programs that might be helpful to juveniles. Stephanie also turned in a report on Juvenile Correction Act Funds Allocation for State Fiscal Year 2006-2007 and said it looks like everything is staying steady for the next year. Stephanie reported that for the JABIG Grant for the next year, they were only allocated $4,500, the past year they received $13,000. They have used those funds for curfew checks. Stephanie stated they will probably use their regular budget for curfew checks, because it is probably was not worth all the reporting for only $4,500, which would only pay for one quarter. Commissioner Rose stated he felt is was still worth applying for the Grant because it would be beneficial to receive some money towards the curfew checks. Stephanie reported that Anger Management Class taught by Mike Jewell would be starting tomorrow for a period of eight weeks, and the Cognizant Change Class that has been going on for eight weeks just ended on May 15th. To finalize the Juvenile Probation Report, Stephanie reported that they have nine juveniles in State custody at this time.
Tom Gibbon, Chief of Security, reported that everything is fine - no report.
Marla Spence, Coroner, reported that things are quiet in the Coroner’s office.
Jennifer Crogg, Adult Misdemeanor Probation, reported she and Angie had a very good conference in Bend, Oregon and handed in her trip report. Jennifer stated that they do things totally different in Oregon.
Motion by Egusquiza, second by Cruser, to recess as a Board of Commissioners and convene as a Board of Equalization.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
An application for property exempt from taxation - exceptional situation was reviewed by the Board for John Welch on property described as Lot 19, Block 3, Capri Subdivision. The Board met with Chief Deputy Assessor, Jo Gridley to discuss the matter. Several attorneys have worked on this case, to see if a quiet title action might solve the situation, but nothing has been accomplished since efforts were begun last year. Motion by Egusquiza, second by Cruser to deny the application for John Welch for property exemption and handle it with the cancellation process instead.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to return to regular session.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Chairperson Egusquiza read the tax cancellations into the record: No. 816 James G. Hering $191.14 and No. 818 Baudelio Garza-Lopez $148.94 for a total of $340.08. Motion by Rose, second by Cruser to approve the tax cancellations as read.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Correspondence received by mail was reviewed.
Catherine Brown, RR 1 Box 816 Hamilton Road and Claudia Haynes, 8830 Deer Sky Ranch Trail, Nampa, Idaho, appeared before the Board to discuss the Third Party Complaint submitted by Catherine Brown regarding Steve Boschma’s siting permit. Ms. Haynes stated that the permit has been in process for one year already and no progress has been made. Ms. Brown filed a Third Party Complaint, the Board reviewed it and remanded it back to the Planing and Zoning Commission. Planning and Zoning in turn, dismissed it. Ms. Haynes stated that they have a right to a hearing according to Idaho Code, and they haven’t been granted a hearing. Ms. Haynes stated that Planning and Zoning stated they had no jurisdiction over the matter and that all appeals should go to the Board of Commissioners. Ms. Haynes further stated that they want a hearing, March 15, 2006 is the anniversary of Mr. Boschma’s permit.
Bonnie Sharp, Growth and Development stated that in the spring of last year Mr. Boschma applied for another extension, the Planning and Zoning decided to ask him to come in to explain why nothing has been done. There was a hearing with the Commission and Mr. Boschma on the intent to revoke the permit. Economics were the reason he hadn’t started on it. He has now applied for his permit. The Board stated they would like the Prosecutor to address the Conditional Use Permit.
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. on a Motion by Egusquiza, second by Cruser, the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate and Social Services Secretary Katrina Welch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The following decisions were made:
K-04-06-08 Motion by Rose, second by Cruser, to deny as not the last resource.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
K-05-06-04 Motion by Rose, second by Egusquiza, to deny as not indigent.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Prosecutor Schindele joined the meeting.
The construction contract for the Elmore County Emergency Services Facility was discussed and a draft contract award was reviewed with the Prosecutor. There was discussion. The Prosecutor will make some changes and the Board will review the contract later in the day.
Bob Narus, Bureau of Land Management Fire Specialist, 3948 South Development Avenue, Boise and Bill Moore, USDA-NRCS RC&D Coordinator, 132 Southwest 5th Avenue, Meridian 83642, appeared before the Board to discuss Fire Mitigation. Mr. Narus stated that the Wild Land Urban Interface Areas are the BLM’s only area of interest, not other Planning and Zoning concerns. Mr. Narus stated that the BLM would like the Board to keep their information current. Chairperson Egusquiza asked what they are doing in the Pine and Featherville area? Mr. Narus stated they are working on how to approach it - possibly a meeting could be held at the Senior Center up in Pine. Mr. Moore stated RC&D has been trying to assist the County to keep their plans up to date, and have been providing funding to assist the County. Mr. Moore also gave the Board a copy of “Defending Against Wildfires in Elmore County, a publication of SIRCD. The Board requested that all of the parties keep one another informed of their activities regarding fire mitigation.
Mike McGown of the State of Idaho Department of Environmental Quality (DEQ), 1445 North Orchard, Boise, Idaho 83706 and Bruce Schuld also of DEQ appeared to discuss the Atlanta Gold Project. Mr. Schuld stated he has worked with the Idaho Mining Association, and has spent time working on rules, and he sees there are overlaps on the authority between the County and DEQ. Mr. Schuld stated that right now DEQ’s focus is on containment issues like leaks and snow loads etc. There are general rules governing things on maintenance buildings which hold fuel, etc. Mr. Schuld stated it is his feeling that DEQ and the County can and should work together cooperatively in working on this project. Commissioner Cruser asked if Mr. Schuld thought the project really would fly? Mr. Schuld replied he was not sure at this time.
Mike McGown asked if there are other things that DEQ could assist the County with? The Board stated they really could use more information and more details when development and projects are in the permitting process in critical water areas of the County.
A Public Hearing was held at the hour of 4:30 p.m. The purpose of the public hearing was to receive testimony on an appeal of a Planning and Zoning Commission decision to approve a Conditional Use Permit for Thomas Oblinsky for a private kennel to breed and train up to 15 dogs in an Agriculture B Zone. The site is located in a portion of the Northwest Quarter of the Northwest Quarter of Section 12, Township 3 South, Range 6 East, B.M. A more common means of locating the site is from North 18th East and American Legion, proceed North on N. 18th East, approximately 3 and ½ miles to NE Waterdog Way. Turn West on NE Waterdog Way and proceed approximately 1/8 mile, property is located on the South side. The appellants are Mr. & Mrs. Jim Alexander, E. Lee Schlender, Richard and Lynn Jerrett, Warren and Marie Borchert, Cindy Ryman, Stan Wegrzniak and Dave Kellerman.
Chairperson Egusquiza stated that all three Commissioners were present as well as Prosecutor Kristina Schindele, Clerk Gail Best, and Chief Deputy Merrilee Hiler. Chairperson Egusquiza then stated that the public is invited to be present and make comment, and that persons who are unable to be present at the hearing, or who do not wish to speak, may submit written testimony prior to or during the hearing to the Elmore County Commissioner’s, 150 South 4th East - Suite 3, Mountain Home, Idaho 83647. Written testimony will not be taken after the Commissioners close the hearing unless they direct otherwise. Written testimony must be on 8.5 x 11 size paper. Chairperson Egusquiza invited the first speaker to come forward.
Beth Alexander, 5235 North 18th East, stated that they are opposed, they do not want a kennel in their neighborhood. Ms. Alexander asked who is going to control it, and who will inspect it? Ms. Alexander stated that fifteen adult dogs are too much, so far there has been no problems, but they are against this Conditional Use Permit (CUP). Ms. Alexander stated it is a very nice neighborhood, and they are worried about property values declining if the CUP is allowed. Ms. Alexander stated that once the CUP is granted, anyone else could come in a have a kennel. There was discussion on what happens if Mr. Oblinsky moves away.
Commissioner Rose read the conditions set down by the Planning and Zoning Commission:
1. This permit will expire if the original applicant sells or moves from said property;
2. There will be no commercial boarding;
3. Applicant will be allowed a maximum of 15 dogs total including puppies and adults;
4. Kennels will be fenced with privacy screening;
5. Applicant will be allowed a maximum of 4 dogs outside during the night;
6. No dog feces will be stored on site longer than one week, unless it is being composted;
7. The Director of Growth and Development or designee will inspect site annually; and
8. Onsite training replicate firearms sounds will be limited to the 209 primer.
Lee Schlender, 2700 NE Holly Drive, stated he filed the Notice of Appeal on behalf of the group in opposition to the CUP. Mr. Schlender stated that, at the meeting, people were outraged, it is an upscale neighborhood with residences $250,000 and up. Mr. Schlender said no-one came out to see if the kennel will fit with the neighborhood and that he thinks the permit system is backward in Elmore County. Mr. Schlender stated this kennel is a commercial operation, it is a training operation for dogs. Mr. Schlender stated it appeared at the meeting that the Planning and Zoning Commission had already made up their mind to grant the permit.
Cindy Ryman, 5610 North 18th East, stated she had taken the original petition around on 18th and all but one person stated that they were opposed to this. Ms. Ryman asked about the condition that the kennels will be fenced with privacy screening, and stated that she thought it should be fenced with privacy screening around the entire property.
Thomas Oblinsky, 5491 NE Waterdog Way had two exhibits for the Board. The first exhibit was Buchanan 3 Lot split LOI, Parcels 1, 2 and 3, NE Waterdog Way Covenants. Mr. Oblinsky read the covenants into the record:
1. All homes must be 2,300 square feet or larger
2. No manufactured or mobile homes
3. No modular or pre-built homes
4. No broken down vehicles, etc, to be stored on property
5. All animals to be kept on said property shall be of the same type as found on surrounding properties.
6. Any barns, shops or out buildings to be constructed of the same materials as the home. No containers.
7. Costs to maintain private access road to be shared equally between parcels 1, 2, and 3.
R.C.B. Construction /s/ Russell Buchanan
Mr. Oblinsky then read the second exhibit into the record:
Public Hearing concerning Conditional Use Permit for Thomas Oblinsky
To Whom It May Concern,
It has come to my attention that certain residents of N. 18th St. E. have voiced concern about the kennel that Mr. Oblinsky has requested to build. I own a horse ranch that runs between 18 and 30 head at all times. Also I live directly next to said resident. Seeing as I have never seen or heard his dogs I do not understand the complaints of my fellow residents. If anyone in this area has reason to complain it would be me. I see no reason why Mr. Oblinsky should not be able to build and maintain a Kennel. This is an agricultural area, further more everyone appealing this has live stock. If the person living next to this kennel has no problems with it why do you. I would also like to state that I have had many problems with certain peoples dogs being in my yard and pasture, does this mean they shouldn’t be allowed to have those dogs. If that was the case no one would be allowed to have animals. I fully support this kennel.
Sincerely, Martin Arabians, Susan Martin, 5595 N. 18th St. E.
Mr. Oblinsky stated he has heard he put up the kennel prior to applying for the CUP, but he did not do that, he wanted to comply with the regulations - the ordinance. Mr. Oblinsky added that breeding and training dogs is his hobby, and not a commercial venture. Mr. Oblinsky stated that he only has two litters of pups a year and generally keeps them about six months, he stated they are usually already pre-sold and he has buyers from all over the United States.
John Wilson, 915 Holiday Drive, stated he has purchased the property next to Tom Oblinsky, but that he lived some twenty plus years at 4760 N. Lott Road. Mr. Wilson said for all those years he lived with people next to him raising hound dogs. Mr. Wilson added that his property is next to a person who became so concerned about starlings that they shot off a cannon to scare them off once a day. Mr. Wilson stated he has built a $40,000 shop on the property next to Mr. Oblinsky and will begin to build his home in the next month. He has no objection at all to the kennel.
Kent J.C. Spies, 5295 Waterdog Way, stated it is nice to find a place you want to stay after spending twenty years in the United States Air Force. Mr. Sipes stated, when he first heard about the kennel, he wasn’t exactly pleased at first. He was given the chance to go see the operation that Tom has, and he is very pleased with how he operates the kennel - he has no concerns about it at all.
Beth Alexander stated that the kennel would also put a commercial building in an upscale neighborhood, and values are going to plummet. Ms. Alexander stated their home is worth $500.000 and she does not want to see values go down.
Cindy Ryman stated she agrees that Tom has done a great job with his kennel. However, Ms. Ryman wondered what would happen if he moves away and another kennel comes in that does not operate as well as Tom does. Ms. Ryman stated there are no legal covenants on the property.
There being no further testimony Chairperson Egusquiza closed the hearing and stated no more information is needed, so no further written matter will be accepted.
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
