COMMISSIONERS MINUTES
February 20, 2007
The Elmore County Commissioners met in regular session on the above date in the
Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
Present at the meeting were Larry Rose, Connie Cruser and Arlie Shaw. Also
present were Clerk, Marsa Grimmett and Deputy Clerk, Barbara Steele.
Connie voiced her concern that the Commissioners had not been told about a
public hearing to be held by the Planning and Zoning Commission regarding the
proposed Planned Unit Development Ordinance. Commissioner Cruser had read
through the legal notices and noticed the posting of the public hearing.
Motion by Rose, to pay the Ambulance District bills in the amount of $29,758.08,
second by Cruser.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Motion to appoint Barbara Steele Treasurer of the Ambulance District by Rose,
second by Cruser.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Motion by Rose to approve the minutes February 12, 2007, second by Shaw.
Discussion followed and one change was made.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
The Glenns Ferry Landfill was discussed briefly.
Correspondence was reviewed. Requests for funds were made from the Glenns Ferry
Museum, Glenns Ferry Historical Society, Glenns Ferry Extrication and Glenns
Ferry Visitors Center. Vouchers were filled out for these requests. Chairman
Rose said we needed to pay the Pine Senior Center and the Mountain Home Senior
Center also.
Resolution 389-07 was read into the record by Chairman Rose:
RESOLUTION NO. 389-07
A RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE
CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.
WHEREAS, The Board of Commissioners of Elmore County have the authority and duty
under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6
of the Idaho Code to provide funding operations of the Government of Elmore
County for expenditure of those funds; and
WHEREAS, The Board considered this adjustment to the County budget during its
regular public meeting of February 20, 2007, and the need to amend the County
budget has been satisfactorily demonstrated to the Board of Commissioners.
IT IS HEREBY RESOLVED:
1. That $800.00 from line item 100.407.02.020.00, Veterans Service Officer
Equipment (B Budget), be shifted to line item 100.407.01.001.01 Dept. Head-Baumgardner
(A Budget).
2. That this resolution shall have effect immediately upon its passage.
PASSED, at a regular meeting of the Elmore County Board of Commissioners in the
County of Elmore, State of Idaho, held on the 20th day of February, 2007, upon
which roll call vote was duly taken and said Resolution duly passed by a
unanimous vote.
ELMORE COUNTY COMMISSIONERS
/S/ LARRY E. ROSE, Chairman
/S/ CONNIE M. CRUSER, Commissioner
/S/ARLIE SHAW, Commissioner
ATTEST: /S/ MARSA GRIMMETT, Clerk
Motion to approve Resolution 389-07 by Rose, second by Shaw. Roll call vote
taken.
SHAW................................................ AYE
CRUSER............................................ AYE
ROSE
............................................. AYE Motion carried and so
ordered.
A letter from Gem Plan stated they would like to present their health care
program to Elmore County. The Commissioners have no objections, but they need to
schedule a time when the Employee Committee can also hear their presentation.
Motion by Rose to accept the Findings of Fact and Conclusions of Law for Pacific
Hide and Fur Depot, Inc., second by Cruser. Roll call vote taken.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Motion by Rose to approve the content of the proposed Ordinance amending the
Elmore County Zoning Ordinance changing the current land use designation from
Agricultural A to M2 Heavy Industrial for certain property hereinafter
specifically described: Southwest Quarter of Section 1, Township 2 South, Range
4 East, B.M, requested by Pacific Hide and Fur Depot, Inc., second by Cruser.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Joe Twitchell appeared before the Commissioners. He reported that there are
several planned communities in the works for Ada County and that Elmore County
can expect developers to want to build in our area within six to ten years. Fish
and Game requires that a conservation plan be established for these communities.
Mr. Twitchell will be attending a meeting for RC&D and will report back to the
Commissioners with results.
The Commissioners called a brief recess to attend the E-911 meeting being held
in the multi purpose room in the basement of the Elmore County Courthouse.
The Commissioners reconvened and a public hearing was held to hear public
comment on a proposed Ordinance amending the Elmore County Zoning Ordinance to
allow electrical production by wind power on certain property described as: All
of Section 16, the East Half of Section 21, and the Northwest Quarter of the
Northeast Quarter of Section 28, Township 5 South, Range 9 East, B.M. by
changing the current land use designation from Agricultural A to Agricultural B
and a proposed Ordinance amending the Elmore County Zoning Ordinance to allow
electrical production by wind power of certain property described as: Portions
of Sections 35 and 36, Township 5 South, Range 10 East, B.M. and portions of
Section 1 and 2 of Township 6 South, Range 10 East, B.M. by changing the current
land use designation from Agricultural A to Agricultural B.
Walter Trail, 5308 W. Trail Road, King Hill, Idaho, spoke in favor of the
amendment.
Rick Koebbe, Pacific Winds, LLC, 5356 N. Cattail Way, Boise, Idaho, stated he is
in favor of the amendment.
Leonard Hutterman, 11900 E. Hwy 20, Mountain Home, ID, stated he is also in
favor of the amendment.
Dorian Duffin, 7840 Snake River Road, Hammett, ID with his mailing address being
7840 Apache Way in Boise, Idaho, spoke against the amendment. He read a letter
into the record:
Ladies and Gentlemen, I am opposed to the proposed zoning to allow wind
electrical production with no restrictions on certain properties. This may sound
good on the outside, but it could have very serious consequences.
Wind energy is a very important source of future electrical generation for
American and we have much to offer in our valley. However, we need to maintain
some control on the matter. We need to approve each wind project, individually,
for the following reasons:
Every project is different. It is important for the Commission to evaluate the
impact of every project on the nearby community, as well as on your future plans
for the county. Dont give them blanket rights, when, in a few years, or in 50
years, your plans may not mesh with theirs. In addition, wind turbines in five
years could be substantially different than those of today and could have
impacts we havent considered.
The Federal Aviation Administration generally requires strobe lights on wind
towers. Each project needs to be reviewed individually to determine how those
lights will impact the valley. (While reading the letter, he elaborated on the
lighting on the towers)
It is important that we keep projects such as wind towers away from the river,
residential areas, historical sites, riparian zones, bird flyways, the rim, and
scenic byways. Specifically, T5S R9E, east half of Section 21, NW1/4 of the
NE1/4 of Section 28 and probably all of Section 16 would have an unacceptable
visual impact on the valley.
Noise, visual, economic, and wildlife impacts of towers, support structures,
transmission lines, and roads need to be evaluated and regulated on a
project-specific basis. Blanket approval is not appropriate. Thank you for this
opportunity to comment.
Sincerely, Dorian Duffin
Mr. Duffin stated the towers are large and may need to be modified and the
County needs to look at these towers from the valley floor. He does not agree
with blanket approval of these projects.
Chairman Rose stated this amendment is for a specific area, it is not changing
all of Ag A to Ag B. He also stated that when our new zoning ordinance is done
there will only be an Ag land classification, no more Ag A and Ag B, and for
each project a Conditional Use Permit will have to be applied for. Chairman Rose
stated he understands these wind towers may not be attractive, but Chairman Rose
does not feel cell towers are attractive either. Chairman Rose stated he feels
you cannot stop development on property if the development has been approved by
all the agencies involved. Mr. Duffin stated he was concerned about set backs
including visual ones. Commissioner Shaw stated if not here then where?
Commissioner Shaw stated wherever wind towers are placed, someone will have a
problem with it. Mr. Duffin stated he just wanted the Commissioners to be
careful about the placement. Commissioner Shaw asked about the color of the
lights and who regulates that color.
Walter Trail stated he would like to respond to Commissioner Shaw and his
question regarding the lights. Mr. Trail stated there is a white light up on the
rim and he wants it on the record the white light is not on his property. The
cell towers on his property have red lights. Mr. Trail also stated this is the
first objection he is aware of regarding the proposed wind tower placement. He
does believe in public hearings, he also stated he doesnt care for all the
houses being placed on farm land in the community. Lights on houses can be an
eyesore also.
Rick Koebbe spoke about FAAs regulations on the lights on top of the towers,
the difficulty in finding land where the towers can be built and about the
economical and environmental benefits of the wind towers.
Leonard Hutterman stated that installation of wind towers is an excellent
opportunity for Elmore County.
The public hearing was closed.
The Ordinance was read into the record by Commissioner Shaw:
ORDINANCE 2007-_____
AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE TO ALLOW ELECTRICAL
PRODUCTION BY WIND POWER ON CERTAIN PROPERTY DESCRIBED HEREIN BY CHANGING THE
CURRENT LAND USE DESIGNATION FROM AGRICULTURAL A TO AGRICULTURAL B
WHEREAS, Title 67, Chapter 65 of the Idaho Code and Article 12, Section 2 of the
Idaho Constitution provide authority for Elmore County to adopt land use and
regulation ordinances to protect the health, safety, and welfare of their
citizens; and
WHEREAS, the Board of Commissioners of Elmore County passed the Comprehensive
Growth and Development Plan in 2004 and the Zoning and Development Ordinance in
1994 with subsequent amendments; and
WHEREAS, the Planning and Zoning Commission and Board of Commissioners of Elmore
County has determined that construction with adequate regulation is desirable
and necessary for the full economic development of the county while protecting
property and life; and
WHEREAS, on January 22, 2007 (written Findings of Fact, Conclusions of Law and
Order issued January 29, 2007), the Board approved a request by Pacific Winds
LLC to change the zoning classification on certain real property located on
Black Mesa Road from Agricultural A to Agricultural B, subject to the Boards
obligation to enact an ordinance in compliance with Elmore Co. Ord. 94-1, art.
XXII-1, § G.22-1 and I.C. § 67-6509; and
WHEREAS, a public hearing was held on February 20, 2007, before the Board to
take public testimony on the proposed ordinance amendment; and
WHEREAS, notice of the public hearing was published in the Mountain Home News on
January 31, 2007, and February 6, 2007; and
WHEREAS, following the public hearing held February 20, 2007, the Board
concluded that the proposed zoning classification amendment was in accordance
with the comprehensive plan and served the public necessity, convenience,
general welfare and/or good zoning practices; and
WHEREAS, the Board voted to approve the zoning classification amendment.
BE IT ORDAINED AND HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE
COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED:
The property at issue is described as follows:
Black Mesa Wind Farms
Legal Description of Zoning Change:
Township 6 South, Range 10 East, Boise Meridian, Elmore County, Idaho
Section 1: Government Lot 4 and the SW4NW4 and the NW4SW4
Section 2: Government Lot 1 and the SE4NE4
Township 5 South, Range 10 East, Boise Meridian, Elmore County, Idaho
Section 35: SE4NE4 and the E2SE4
Section 36: as follows:
Tax #1
That portion of Section 36, Township 5 South, Range 10 East, B.M., Elmore
County, Idaho, lying northerly and westerly of the following described line, to
wit: Beginning at the northeast corner of said Section 36; thence South 038
West 300 feet along the east boundary line of said Section 36; thence South
7724 West 524 feet; thence South 4304 West 1698 feet; thence South 5724
West 631 feet; thence South 4204 West 375 feet; thence South 8524 West 325
feet; thence South 4344 West 390 feet; thence South 5224 West 320 feet;
thence South 932 West 721 feet; thence South 5130 West 460 feet; thence
South 6330 West 490 feet; thence South 1710 East 435 feet; thence North
8930 East 485 feet; thence South 8250 East 250 feet; thence South 430 East
390 feet; thence South 120 East 185 feet; thence South 4100 West 385 feet to
a point on the South boundary line of said Section 36, which point is the end
point of said line and from which point the South Quarter corner of said Section
36 bears North 8959 East a distance of 902 feet.
SAVE AND EXCEPT:
A parcel of land in the NE4 of the NE4 of Section 36, Township 5 South, Range 10
East, Boise Meridian, Elmore County, Idaho, more particularly described as
follows:
Beginning at the NE corner of said Section 36, a BLM brass cap monument; thence
South 034 W., 297.5 feet on the east line of said Section 36 to a steel bar;
thence S. 7717 W., 502.0 feet to a steel bar; thence N. 034 E., 410.7 feet
to a steel bar on the north line of said Section 36; thence S. 8941 E. 488.6
feet to the Real Point of Beginning, comprising 4.0 acres more or less.
See attached map.
The above-described property hereby shall be and is amended from a zoning
classification of Agricultural A to a zoning classification of Agricultural B.
This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
DATED this _____ day of February 2007.
LARRY ROSE, Chairperson
CONNIE CRUSER, Commissioner
ARLIE SHAW, Commissioner
ATTEST: MARSA GRIMMETT, Clerk of the Board of County Commissioners
Motion to approve the Ordinance amending the Elmore County Zoning Ordinance to
allow electrical production by wind power on certain property (Black Mesa Road)
described in the Ordinance as read above, by changing the current land use
designation from Agricultural A to Agricultural B by Shaw, second by Cruser.
Roll call vote taken.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
The Ordinance was read into the record by Commissioner Cruser:
ORDINANCE 2007-_____
AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE TO ALLOW ELECTRICAL
PRODUCTION BY WIND POWER ON CERTAIN PROPERTY DESCRIBED HEREIN BY CHANGING THE
CURRENT LAND USE DESIGNATION FROM AGRICULTURAL A TO AGRICULTURAL B
WHEREAS, Title 67, Chapter 65 of the Idaho Code and Article 12, Section 2 of the
Idaho Constitution provide authority for Elmore County to adopt land use and
regulation ordinances to protect the health, safety, and welfare of their
citizens; and
WHEREAS, the Board of Commissioners of Elmore County passed the Comprehensive
Growth and Development Plan in 2004 and the Zoning and Development Ordinance in
1994 with subsequent amendments; and
WHEREAS, the Planning and Zoning Commission and Board of Commissioners of Elmore
County has determined that construction with adequate regulation is desirable
and necessary for the full economic development of the county while protecting
property and life; and
WHEREAS, on January 22, 2007 (written Findings of Fact, Conclusions of Law and
Order issued January 29, 2007), the Board approved a request by Pacific Winds
LLC to change the zoning classification on certain real property located on West
Wicher Road from Agricultural A to Agricultural B, subject to the Boards
obligation to enact an ordinance in compliance with Elmore Co. Ord. 94-1, art.
XXII-1, § G.22-1 and I.C. § 67-6509; and
WHEREAS, a public hearing was held on February 20, 2007, before the Board to
take public testimony on the proposed ordinance amendment; and
WHEREAS, notice of the public hearing was published in the Mountain Home News on
January 31, 2007, and February 6, 2007; and
WHEREAS, following the public hearing held February 20, 2007, the Board
concluded that the proposed zoning classification amendment was in accordance
with the comprehensive plan and served the public necessity, convenience,
general welfare and/or good zoning practices; and
WHEREAS, the Board voted to approve the zoning classification amendment.
BE IT ORDAINED AND HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE
COUNTY, IDAHO, IN LAWFUL MEETING ASSEMBLED:
The property at issue is described as follows:
All of Section 16, the East Half of Section 21, and the Northwest Quarter of the
Northeast Quarter of Section 28, Township 5 South, Range 9 East, B.M. See
attached map.
The above-described property hereby shall be and is amended from a zoning
classification of Agricultural A to a zoning classification of Agricultural B.
This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
DATED this _____ day of February 2007.
LARRY ROSE, Chairperson
CONNIE CRUSER, Commissioner
ARLIE SHAW, Commissioner
ATTEST: MARSA GRIMMETT, Clerk of the Board of County Commissioners
Motion to approve the Ordinance amending the Elmore County Zoning Ordinance to
allow electrical production by wind power on certain property (West Wicher Road)
described in the Ordinance as read above, by changing the current land use
designation from Agricultural A to Agricultural B by Cruser, second by Rose.
Roll call vote taken.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Motion to recess for lunch by Rose, second by Shaw.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
After lunch the Commissioners met in Executive Session pursuant to I.C.
67-2345(d) with Social Services Director Marianne Bate on a motion by Rose,
second by Cruser.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
The following decisions were made:
K-01-07-02 Motion by Rose, second by Cruser, to approve with a reimbursement
order of $50.00 per month and ½ of State and Federal income tax refunds be
applied to the balance owed, with a review of the case in one year.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
K-01-07-08 Motion by Rose, second by Cruser, to approve with a reimbursement
order of $75.00 per month and ½ of State and Federal income tax refunds be
applied to the balance owed, with a review of the case in one year.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
K-01-07-05 Motion by Rose, second by Cruser, to deny as Elmore County is not the
last resource.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Regular session resumed.
Mark Pecchenino, Pecchenino and Associates, Inc., and Bonnie Sharp, Growth &
Development Director, presented the table of contents for the new planning and
zoning ordinance. Mr. Pecchenino gave an update on the new planning and zoning
ordinance. A presentation was also made on a table of contents status log for
Elmore County Ordinances.
The public hearing for March 7th was discussed with Bonnie. Commissioner Cruser
asked if the Board could be notified of upcoming hearings.
Commissioner Cruser asked Mr. Pecchenino what schooling or certificates a
Certified Planner has.
A lengthy discussion followed.
Commissioner Shaw inquired of Mr. Pecchenino about where the water will come
from for some of the proposed planned communities. He stated that a water
pipeline may be built and the water would come from United Water, some
communities have enough water rights and some water may come out of the Snake
River.
Commissioner Shaw asked Mr. Pecchenino his opinion on doing away with LOIs.
Ms. Sharp asked if any Commissioners are going to see the U.S. Ecology waste
facility site. A trip to the site was scheduled for Friday, February 23, 2007
and the Clerk will notice up the special session.
Motion to grant tax cancellation No. 873 for Glenn & Kismet Sansone in the
amount of $326.44 by Rose, second by Cruser.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Nick Schilz presented an estimate on the cost of getting the Ballantyne levee in
compliance. A plan to fix the levee needs to be submitted soon. Commissioner
Cruser expressed the concern of the citizens in the Pine/Featherville area of
the erosion around the bridges. Deputy Schilz stated he was aware of the
problem.
The Commissioners discussed with Traci LeFevre, E-911 Department, how things
were going with the E-911 program.
Motion to approve Task Order No. 1-07 and 2-07 with Centra Consulting, Inc. for
engineering services for the re-certification for the Glenns Ferry Landfill and
Bennett Road Landfill, by Cruser, second by Rose.
ROSE................................................ AYE
SHAW............................................... AYE
CRUSER........................................... AYE Motion carried and so
ordered.
Motion to approve the Consultant Agreement between Pecchenino and Associates
Inc. and Elmore County for assistance of a consultant to amend and further
develop the Elmore County Planning and Zoning Ordinance by Cruser, second by
Shaw.
SHAW................................................... AYE
CRUSER............................................... AYE
ROSE..................................................... AYE Motion carried
and so ordered.
Commissioner Cruser stated she received a letter from Mr. Hutterman concerning a
request that the Commissioners allow him to represent the County on the Idaho
Wind Power Working Group . Mr. Hutterman stated he would represent the County
and requested that some expenses be paid to attend the meetings. The
Commissioners agreed that mileage could be paid.
Motion to go to adjourn by Rose, second by Cruser.
SHAW................................................... AYE
CRUSER............................................... AYE
ROSE..................................................... AYE Motion carried
and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
