COMMISSIONERS MINUTES AUGUST 14, 2006
The Elmore County Commissioners met in regular session on the above date in the Commissioner’s Room , basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho 83647.
Present at the meeting were Chairperson Mary Egusquiza, Commissioners Larry Rose and Connie Cruser. Also present at the meeting was Deputy Clerk Barbara Steele.
Motion by Egusquiza, second by Cruser, to approve the payroll for July 2006 in the amount of $307,992.11.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Chief Deputy Nick Schilz appeared before the Board asking for a Resolution to adopt the All Hazards Mitigation Plan. The agenda item states an All Hazards Mitigation Proclamation. Discussion followed and it was decided a Resolution should be drafted. Deputy Schilz will contact Prosecutor Schindele to have a Resolution prepared and the item will be placed on the August 21, 2006 agenda.
Deputy Schilz also briefed the Commissioners on the Army Corps of Engineers and the Ballantine Subdivision up in the Pine/Featherville area. The river has changed course in that area due to the spring melt. Possibly rebuilding the levy in the area is being discussed. Deputy Schilz will keep the Board informed on any decisions that are made regarding this project.
Deputy Schilz also reported the road to Atlanta is finished and plans are being discussed for a permanent fix to that problem.
A small recess was taken.
Motion by Egusquiza, second by Cruser, to approve the minutes for July 31, 2006.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Rose, to approve the Reports for the record only: The Recorder’s Office Report, Clerk’s Bail Bond Report and Treasurer’s Office Report.
Motion by Egusquiza, second by Cruser, to approve the expenses in the amount of $1,066,886.04.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve the ambulance expenses in the amount of $28,854.43.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Motion by Egusquiza, second by Cruser, to approve a liquor license change for Freedom Lanes from liquor to beer and wine only.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
A call was made to Jeff Berger regarding an update on the repeaters on various mountains in Elmore County. Mr. Berger was not available and will call back later.
Certificates of Residency were read into the record by Chairperson Egusquiza: Marcello Ambriz, Jean Paul Edmond Archambeault, Heather M. Bonorato, Amanda Beth Burgess, Nicole Carmen Cadena, Lisa Ann Cantrell, Ashley Nicole Carpenter, Susan Christine Chilson, Ross Michael Conte, Jessica Leanne Despres, Alexander Marie Dodge, Valdemar Duarte, Travis Ronald Eikeress, Amanda Laurene Fahey, Monteserrat F. Guadarrama, Reece Anthony Hunter, Jenny Marie Jeffrey, Alisha C. Jewett, Laura Lee Lahtinen, Joshua Allen Lewis, Stephen D’GeWell Martin, Courtney Don Mitchell, Paul G. Montgomery, Laurie Helene Moyer, Juan P. Nolasco, Luis M. Nolasco, Elma Alicia Ortega, Jessica Marie Page, Kendra L. Pratt, Matthew Wayne Presnell, Daniel Rau, Samantha Lynn Richards, Breanna Marie Rocklin, Tammy E. Sanchez, Tyrrell Joseph Sanchez, Susan Anne Sanders, Joshua Adam Schwartz, Kevin Scott Shenk, Ashley Renae Sievers, Darlene Smith-Gianelli, Yazmin Soto, Josh Stanek, Yvonne Nicole Stoneburner, Savanah Mae Stuart, Elvis Tapia, Francisca Tapia, Socorro Tapia, Julie Lynn Taylor, Suzie C. Tipton, Jeffrey D. Upchurch, Adolfo Efren Valle, Jeffrey Lamar Vogl, Victor Eric Werner, Lukas Lamont West, Timothy Scott Whitmarsh, and Donivan Wilson. Motion by Egusquiza, second Cruser, to approve the Certificates of Residency as read.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Marty Jones, Mike Reno and Rob Howarth, all from Central District Health, Steve Staufer and Joe Baldwin from The Department of Environmental Quality, Ken Neely from The Department of Water Resources, and Rick Carlson from The Department of Agriculture, appeared before the Board to talk about water in Elmore County.
Ken Neely from IDWR (Idaho Department of Water Resources) passed out a Nitrate Report on wells in Elmore County. There were a few that have high nitrate levels. He explained that IDWR samples approximately 400 wells in Elmore County, some on an annual basis, some every four to five years. The wells with the higher nitrate levels are checked for sources and one has showed pesticide and one has showed a waste source. A map was distributed regarding arsenic levels and no sights exceed the set limit.
Rob Howarth stated once ground water is contaminated it is hard to clean it up. He also stated septic tank permitting will be getting more restrictive because contaminated water is hard to clean.
A map of the Critical Groundwater Area was distributed to the Commissioners. Discussion followed on “if this is a critical groundwater area, why are there no limits on private wells?”
Rob Howarth stated that he could do up a model letter to ask The Department of Water Resources for help in this area. Perhaps a model map would be helpful for that area.
Rick Carlson stated perhaps a nutrient pathogens study would be helpful when platted subdivisions are requested. The study would evaluate the density of houses per acre. He also stated a public drinking water system can be regulated, private wells are not. A public drinking water system is 25 people or over, or 15 or more connections.
Chairperson Egusquiza stated the County is seeing more Letters of Information, which are lot splits. Lot splits decrease the property owners requirements to split their property.
It was discussed that developers of the land usually buy the water rights along with the land so most of the time water is not a problem for them.
Marty Jones gave an example of a scenario: If you have 300 wells in a critical groundwater area, when do the wells start running dry? It puts Central District Health in a precarious position and they have no authority to say no.
Chairperson Egusquiza stated that the County was in a dilemma and asked Ken Neely from IDWR what we could do. He stated he would consult with his department and get back to the Board. Mr. Neely suggested sending a letter to Karl Dreyer with examples of what could happen in our area in the near and long term, and to consider the proposed expansion in our area. Rob Howarth state he would help prepare the letter.
Nick Nettleton, President of the Planning and Zoning Commission, was present in the audience and was asked by Commissioner Rose what was the current outlook of the expansion towards the Mayfield area? Mr. Nettleton replied there is currently 40 acres being split into 10 acres lots and a proposed subdivision with 170 lots. Also a subdivision already approved out by Oasis which is an 84 lot subdivision, all individual wells.
Bonnie Sharp, Director of the Growth and Development Department, who was also present in the audience stated most of the developers are asking about both a community water system and individual wells.
Marty Jones from Central District Health explained that septic systems and individual wells pose problems with the distance they have to be from each other. With a central community water system there is much more leeway for septic tank placement.
Discussion followed on having some regulations and all the Departments being included on the approval basis for platted subdivisions and that perhaps some legislation needs to be drafted on the water issue.
Chairperson Egusquiza stated the Commissioners are not trying to restrict anyone, but they don’t want people running out of water either.
Chairperson Egusquiza asked why the Idaho Department of Water Resources doesn’t sign off on plats and LOI’s (Lot Splits). There was no answer other than the attention level needs to be increased to IDWR on this issue.
Steve Staufer, DEQ, stated the quality of water is also important, the protection of public health is controlled better with a public water supply system.
Chairperson Egusquiza thanked everyone for coming to meet with the Commissioners on such an important issue. The Commissioners asked to be included in the results from testing of wells in Elmore County and they were told they would be.
Rob Howarth, Mike Reno, and Marty Jones from Central District Health stayed to discuss the mosquito problem and West Nile Virus. The problem in Elmore County is there is no Mosquito Abatement District. Spraying only last three days and is very expensive. Central District Health is still warning people to be careful in the morning and evening and use products with Deet in them. Declaring a Disaster in Elmore County won’t do much good as the County does not have an Abatement District and the federal funds go to those districts for spraying. People need to aware and be careful.
Commissioner Rose stated Marty Jones has been outstanding in Elmore County in his work for Central District Health.
The Commissioners thanked the three gentlemen and thanked Rob Howarth for his help in constructing a letter to Idaho Department of Water Resources.
Motion by Rose, second by Egusquiza, 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 Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate, on a motion by Egusquiza, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The following decision was made:
K-05-06-03 Motion by Rose, second by Cruser, to sign order of dismissal of application as no timely appeal exists any longer.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed.
Prosecutor Schindele was present. Discussion followed on a letter on a third party complaint received from Catherine Brown regarding the Boschma Dairy. The complaint was received on February 24, 2006. On March 6, 2006, the County Commissioners referred the complaint back to the Planning and Zoning Commission. The Planning and Zoning Commission met and dismissed the complaint. No findings of facts were prepared on the matter. Prosecutor Schindele suggested to the Commissioners that they should hold a hearing on the matter. Steve Boschma would be served with the complaint. Catherine Brown and Steve Boschma would be notified of the hearing date and time and then would be able to present their case. Deputy Clerk Steele will notify Bonnie, Growth and Development Director to let her know the Commissioners would need a staff report on the matter
Brent Pitts appeared before the Board with the colors for the interior of the Jail. Discussion followed on colors, particularly in the Dispatch area. The carpet is non-static and a different color from the other carpet. For this special type of carpet, the colors are very limited. The colors were accepted for the interior of the Jail.
Motion by Egusquiza, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(d).
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
An appeal of a reimbursement order for case K-06-06-08 was reviewed. The applicant was present along with the three Commissioners, Social Services Director Marianne Bate, Prosecutor Schindele, and Deputy Clerk Steele.
Discussion followed on the request by the Commissioners for the applicant to sign over her life insurance policy to the County for repayment of indigent assistance. The applicant will check into other options for burial assistance. Motion by Cruser, second by Egusquiza, to continue with the current order of reimbursement. The matter will be revisited after the applicant does more research.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Regular session resumed.
A public hearing was held on a proposed Ordinance of Elmore County, Idaho, defining the terms “Fireworks”, “Dangerous Fireworks” and “Safe and Sane Fireworks”; providing for a dangerous fireworks permit and a safe and sane fireworks permit; providing for the investigation of applicants for permits; providing under what conditions the County Clerk shall issue the permit; authorizing dates for the sale and use of fireworks’ enacting rules for temporary fireworks stands; enacting general prohibitions; providing for record keeping; providing for enforcement; setting out penalties for violations; and providing an effective date.
Chairperson Egusquiza called the public hearing to order. Chris Alzola was the first to speak. She represents Mountain Home Rural Fire. Ms. Alzola stated they have an ordinance also but the proposed County Ordinance has different contents such as under Insurance Required, the proposed Ordinance states “The insurance coverage limits for both public liability coverage and products liability coverage shall be at least one hundred thousand dollars ($100,000.00) per occurrence aggregate bodily or personal injury damage, and one hundred thousand dollars ($100,000.00) per occurrence aggregate property damage. She stated their Ordinance requires $500,000.00. Also she questioned the dates of sale, our proposed ordinance stated “Safe and Sane fireworks” may be sold at retail and used beginning at midnight June 23 and ending at midnight July 5 and beginning at midnight December 26 and ending at midnight January 1. Their ordinance states “ midnight of June 28th to midnight of July 4th”. She is concerned with the longer period of time for the sale of fireworks.
Prosecutor Schindele stated the $100,000.00 liability insurance amount along with the dates of sales were taken from Idaho Code.
Ms. Alzola stated they mirrored the City of Mountain Home’s Ordinance. She stated we all need to get together on this so the rules are the same for the City and County. Chairperson Egusquiza suggested that City Attorney Jay Friedley should do some research on the dates and liability amounts.
Larry Jewett was the next person on the sign in sheet, he declined to speak.
Rick Layher, Sheriff, asked if the current sellers would have grandfather rights. Prosecutor Schindele stated she would check into that.
The fees listed in the Ordinance were reviewed along with a request from the Clerk’s office regarding details of what the Commissioners wanted for an investigation. Prosecutor Schindele stated the fees cannot be increased as they are set by Idaho Code, as is the liability insurance and the dates of sales.
Phil Gridley, Chief of Mountain Home Rural Fire, spoke to Prosecutor Schindele about the dates of sale, reducing the dates cuts back on the fire calls the department receives and that the issue was and will be addressed with the legislature again next year.
General discussion followed and the Sheriff is the authority outside the City and Fire District boundaries.
Prosecutor Schindele will do some research and possibly revise the Ordinance, a workshop will be held on the revised Ordinance and a new public hearing will set for public input.
The public hearing was closed.
A hearing was held on an appeal of an approval made by the Elmore County Planning and Zoning Commission on an application from Jesus Ontiveros and Mario Ayala for a Conditional Use Permit for a 3-Lot Letter of Information Subdivision in an Agriculture B Zone. Site is located in the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 34, Township 3 South, Range 6 East, B.M. A more common means of locating this site is from the intersection of Highway 51 (Bruneau Road) and SW Smith Road, proceed west on SW Smith Road approximately ¾ mile. Property is on the north side, west of SW Torres Pedrosa Drive. The appeal was filed by the Mountain Home Rural Fire Protection District.
Jesus Ontiveros and Mario Ayala were not present. The representative from the Mountain Home Rural Fire Protection District were present: Larry Jewett, Chris Alzola and Phil Gridley.
Chris Alzola and Larry Jewett showed the Board a map of the roads in the area. She also showed them a picture of what the road looked like when the Rural Fire Department filed their appeal. The Planning and Zoning Commission approved the LOI (Letter of Information) lot split with no conditions on the road, and didn’t feel that the two applicants shouldn’t have to pay for the improvement on the road. Ms. Alzola stated they are not after the two individuals to pay for the road improvement, they just don’t want any other growth on that road until the road is brought up to a good standards. There are 16 houses on that road and the Rural Fire Department can’t protect the people who live there. Commissioner Rose stated that if they have to have fire department approval then the Fire District shouldn’t sign the letter. A letter of approval by the Fire District was discussed and Ms. Alzola pointed out that letter was amended.
Fire Chief Phil Gridley stated if the Fire Department can’t get to these houses they cannot protect them. He stated everyone expects the Fire Department to show up when there is a fire.
The current condition of the road is passable now. The Mountain Home Rural Fire District stated they didn’t want to pull the appeal even though the road was passable. The appeal fee was discussed. At an earlier Commissioner meeting (June 19, 2006) it was decided that taxing districts did not have to pay for appeals.
Chief Gridley stated there was a fire out that way not too long ago and the road was passable. Prior to the road being fixed it was not, especially in the winter.
Commissioner Rose invited Chief Gridley to come to the special session the following day at 10:00 a.m. regarding the Subdivision Ordinance and the Highway Districts opposing the new Ordinance. Chief Gridley stated he would explain to them the liability issue regarding fires and the fire trucks not being able to get to houses.
Bonnie Sharp, Growth and Development Director, spoke that now we have the road standards ordinance which covers subdivisions and Letters of Information. This project was already in existence. The P&Z Commission stated they did not believe they had the authority to go back over every road that came into existence before our road standards ordinance. On this road, the residents did get together and fix the road.
Prosecutor Schindele asked if the Mountain Home Rural Fire District was going forward with the appeal or withdrawing the appeal. They stated they are withdrawing the appeal.
Motion by Egusquiza to deny the appeal on Ontiveras/Ayala 3 Lot Letter of Information, as the appeal has been withdrawn, second by Cruser.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
The hearing was closed.
Motion by Egusquiza, second by Cruser, to refund the $250.00 appeal fee received from the Mountain Home Rural Fire District for an appeal on a 3 Lot Letter of Information for Ontiveras/Ayala.
EGUSQUIZA................................................ - AYE
ROSE............................................................ - AYE
CRUSER....................................................... - AYE Motion carried and so ordered.
Civil Forfeiture line items were briefly discussed. The discussion will continue when Clerk Hiler returns from the Idaho Association of Counties Clerks Convention.
Prosecutor Schindele discussed with the Board a problem she is having in her office with mental holds being held out of the County and payment of these out of County holds. The Court will not allow her office to do it as a court order, she asked if it would be acceptable for her to attach a memo stating it needed to be paid. Commissioner Cruser asked if the mental holds were indigent and Prosecutor Schindele replied there was no mechanism for her to check that. Prosecutor Schindele stated that the providers are obligated to reimburse the County if they receive insurance payments.
The public portion of the meeting was held. Arlie Shaw, who was in the audience, asked about the Simons trash hauling contract, when it expires? Commissioner Rose stated it was just extended to October 1, 2007.
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 resumed and no action was taken as result of the Executive Session.
A brief recess was taken.
John Steiner appeared before the Board with examples of wind power ordinances and a letter regarding the tax revenue to counties from wind towers. The item will be placed on the August 21, 2006 agenda for further discussion.
Correspondence was reviewed.
Commissioner Cruser stated she had the Memorandum of Understanding for Juvenile Mental Health. She gave Deputy Clerk Steele the original and it will be put on the agenda for August 21, 2006.
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/ MERRILEE HILER, Clerk
