COMMISSIONERS MINUTES MAY 30, 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 were Clerk Gail Best and Judge David Epis.
Judge Epis presented a job description for the Juvenile Probation Administrator, explaining that when the description was reviewed it contained references to the Adult Misdemeanor Probation Officer being included in the Juvenile Probation office. Since that position has been separated off since June 2001 all references to adult misdemeanor probation have been deleted from this job description. There was general discussion as to advertising the position and the pay scale. Judge Epis will work on advertising the position state-wide and doing an announcement for Elmore County employees of the opening. Clerk Best will send the job description to BDPA for their review.
Carlene Braithwaite, 1260 W. Long Gulch, Prairie, appeared before the Board with a beer and wine license application for the Y-Stop Restaurant. Motion by Rose, second by Cruser to approve the license application for beer and wine to be consumed on the premises of the Y-Stop Restaurant operated by Cort and Carlene Braithwaite in Prairie, Idaho.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Prosecutor Schindele joined the meeting.
Vivian Garcia, Elections Clerk, appeared before the Board for the canvassing of the Primary Election held on May 23rd. The Board carefully reviewed the poll books and related material presented by Ms. Garcia. Voter turnout in Elmore County for the Primary election was only 23 percent, extremely low. Motion by Rose, second by Cruser, to approve the canvass of the May 23rd Primary election as presented.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve the minutes of May 18, 2006.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The Court’s Memorandum Decision and Order for Petition for Judicial Review in Case Number CV2005-1043 Bernie Brown vs County of Elmore was reviewed. Prosecutor Schindele reviewed the Decision and Order with the Board and replied to any questions they had. The Board was quite pleased with the result in this action since their actions in the matter were upheld by the Judicial Review.
Motion by Egusquiza, second by Rose, to accept and sign the contract with C-2 Construction, Inc. for the construction of the Elmore County Emergency Services Building.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The appeal of the granting of a conditional use permit to Thomas Oblinsky to own and operate a dog kennel at 5491 N.E. Waterdog Way was discussed by the Board. Commissioner Rose stated this was not a cut and dried issue for him. Chairperson Egusquiza stated it was for her, and that the appellants that testified seemed to feel better about the situation after they were made aware of the Findings of Facts and the conditions placed on the permit. Commissioner Cruser stated it bothered her that Mr. Oblinsky called it a hobby, in her opinion, it is a business. Commissioner Rose said probably what bothers him most is that Mr. Oblinsky is doing a good job and trying to be in compliance with the rules, but what about the next guy, or if someone wants to put in a boarding kennel the next time, and a precedence has been set? Commissioner Rose read a portion of Resolution No. 291-02 into the record:
“NOW, THEREFORE, BE IT RESOLVED by the Elmore County Board of County Commissioners in lawful assembled meeting as follows:
1. Elmore County Zoning and Development ordinance Section B.2-1, Meaning of Terms or Words, is hereby amended to read as follows: Kennel: Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling, boarding, or training of dogs or keeps and maintains for any reason excluding persons primarily engaged in agricultural pursuits, four (4) or more dogs more than six months old.”
Commissioner Rose stated that as far as the conditions, he feels that the site should be inspected anytime there is a reason to do so, not just annually. The Board agreed to change the language to the Planning and Zoning’s condition 7 to “Applicant shall permit a site inspection by the Director of the Growth and Development Director or their designee at least annually. Chairperson Egusquiza also stated that they should add to condition 8 “firing the 209 primer will be limited to the hours of 9 a.m. to 8 p.m. Finally condition 5 will read “a maximum of four (4) dogs will be kenneled outside during the night.”
Commissioner Rose stated an additional condition should be added that Planning and Zoning Commission may amend the conditions appropriately if they desire to do so. Motion by Egusquiza, second by Cruser, to uphold the Planning and Zoning Commission’s decision to grant the Conditional Use Permit, but add to the existing language as noted above.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to go into Executive Session pursuant to I.C. 67-2345(d).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A Hearing of Reconsideration on K-02-06-01 was called to order. Present at the hearing were all three Commissioners, Clerk Gail Best, Prosecutor Kristina Schindele, Social Services Director Marianne Bate, Social Services Secretary Katrina Welch, and Bonnie Miller and Danelle Bell representing Elmore Medical Center. During the hearing, Bonnie Miller asked for a continuance of forty-five days in which to gather information. The hearing was closed. Regular session was resumed.
Motion by Egusquiza, second by Cruser, to deny the application in K-02-06-01 because no information and no interview and to also deny Elmore Medical Center’s request for a forty-five day continuance.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose to go into Executive Session pursuant to I.C. 67-2345(d).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A Hearing of Reconsideration on K-02-06-02 was called to order. Present at the hearing were all three Commissioners, Clerk Gail Best, Prosecutor Kristina Schindele, Social Services Director Marianne Bate, and Social Services Secretary Katrina Welch. St. Alphonsus RMC and St. Alphonsus Pathology who brought the appeal were not present, nor was the applicant. There was no further information received on this case. The hearing was closed. Regular session was resumed.
Motion by Rose, second by Egusquiza, to issue a final denial in K-02-06-02 because no information has been received to support the application.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(b).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed. No action was taken as result of the Executive Session.
Motion by Rose, second by Cruser, to recess for lunch.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed after the lunch recess. Present at the meeting were Chairperson Egusquiza and Commissioner Rose. Also present was Clerk Gail Best. Correspondence received by mail was reviewed by the Board.
Sheriff Rick Layher appeared before the Board to discuss problems related to setting up the camera in King Hill to monitor the collection site. Sheriff Rick Layher stated that Qwest does not have the necessary lines to install the camera set-up in King Hill. Sheriff Layher stated that they had not thought about that problem occurring. Commissioner Rose suggested Sheriff Layher contact Mark Martell from Rural Telephone to see if they could help solve the problem.
Commissioner Cruser joined the meeting.
Bonnie Sharp, Growth and Development Administrator, appeared before the Board with the plat for Red Baron Estates #3. The owner/developer of the plat is Ken Casper, who resides on Lot 5. The Board reviewed the plat. Motion by Rose, second by Cruser to approve the plat for Red Baron Estates #3, and direct the Chair to sign it.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser to recess to attend Assessor Jim Haydon’s Retirement Party.
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed. Motion by Egusquiza, second by Cruser, to go into Executive Session pursuant to I.C. 2345(b).
EGUSQUIZA - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session was resumed. No action was taken as result of the Executive Session.
At 5:00 p.m. a public hearing was held to hear public comment regarding an Ordinance defining and establishing confined animal feeding operations (CAFO’s). Chairperson Egusquiza stated that there will be no further testimony taken after today’s hearing, and introduced the Board, Prosecutor Schindele and Clerk Best. Chairperson Egusquiza also stated that the change from the prior draft is found in XIV - B with the addition of the words “or any affected person” in the first sentence, fourth line.
Ron Parks, 2207 Fairwood Drive, Meridian, Idaho, 83642, stated that he likes most of the changes made to the ordinance, however has a few comments. The first was in the definitions section - Liquid Waste System in defined, but it does appear in the document. Prosecutor Schindele stated she should have noticed that the definition should read Liquid Waste Management System. Mr. Parks stated he felt the last five words in the same definition should be deleted.
Mr. Parks stated V-3 should read Best management practices as required by U.S.D.A. shall be....... Mr. Parks stated V - h should read A map showing all private and community domestic wells, irrigation wells, injection wells, and monitoring wells that are registered by the IDWR, irrigation conveyance and drainage structures, streams, ponds, reservoirs, and identified wetlands which are within one mile of the CAFO Facility Area.
Stephanie Bergh who had signed up to speak stated she had no comment.
The hearing was closed. Prosecutor Schindele stated she would make the changes the Board would like to make so they could adopt the ordinance on Monday June 5th. The Board discussed the changes they would like to make with the Prosecutor.
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
