COMMISSIONERS
MINUTES
April 9, 2007
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.
Present at the meeting were Chairman Larry Rose, Commissioners Connie Cruser and
Arlie Shaw. Also present were Clerk Marsa Grimmett, and Civil Attorney Richard
Roats.
The Board stated that they all visited the new jail this morning because a
conference call has been scheduled for 9:30 a.m. this morning with Russ
Morehead, Lombard and Conrad Architects.
Motion to approve the minutes for March 26, 2007 by Rose, second by Cruser.
Discussion followed and one correction was made.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion to approve the Clerk’s Bail Bond Report, Treasurer’s Office Report for
the record only by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion to approve the payroll for March 2007 in the amount of $331,844.76 by
Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion to approve the expenses in the amount of $277,467.13 by Rose, second by
Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion to approve the ambulance district expenses in the amount of $31,209.94 by
Rose, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
The solid waste budget was discussed.
Fred Perez, Idaho Waste Systems General Manager, entered the meeting.
Commissioner Rose asked if trailers that the County wanted to dispose of, could
be stored at his facility until they can move them again to the new shredding
facility that should be opening by October of this year. Mr. Perez stated they
would find a place to put them.
The Board called Russ at Lombard-Conrad Architects to talk about the new jail.
Sheriff Layher and Deputy Schilz were also present for the discussion. The Board
told him of their displeasure with the floor in the sally port area and he
stated that he realizes it is unacceptable and will work on a solution to fix
it. Commissioner Cruser asked Russ about the intercom system and the lighting,
discussion followed. Sheriff Layher asked if the building had any type of
warranty on it and Russ stated that in general there is a one year warranty.
Steve West and Chas Ariss appeared from Centra Consulting. Centra Consulting has
been re-certifying the landfills in Elmore County. Mr. West reported that they
are roughly 60% done with the application. The other issue they wanted to
discuss was an inspection by the Dept of Environmental Quality. Mr. Ariss
attended the inspection. He explained problems that were found. Setbacks,
especially on the eastern portion of the landfill, were a concern. Daily cover
was also a concern. The appearance of the site was much better than last
December. A report will be coming from Centra Consulting within a day or two.
Josh Newby-Harpole, Mountain Home Historical Museum Executive Director, appeared
to discuss what the Elmore County Preservation Commission is doing. Mr. Newby-Harpole
gave the Commissioners a list of organizations that are contributing.
Ryan McDermott from U.S. Ecology, reported to the Commissioners on their latest
projects. Commissioner Rose asked about winds speeds in reference to shutting
down the facility and Mr. McDermott stated that winds over 25 miles an hour for
over 20 minutes cause the facility to be shut down.
A short recess was taken.
Regular session resumed.
The 2007 FY Annual Operating Plan for Cooperative Weed Control Agreement between
USDA – Forest Service, Boise National Forest and the Elmore County Weed District
was discussed. Motion by Cruser to approve the agreement and have the Chairman
sign, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Chairman Rose read the Certificates of Residency read into the record: Josh
Stanek, Darlene K. Smith-Gianelli, Loran Kane Hendricks, Stephen D. Martin,
Carol A. Pawlisz, Samantha Richards, Ashley Sievers, Donivan Wilson IV, Donald
Woody. Motion to approve the Certificates of Residency by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion to approve the Independent Contractor Agreement for the Elmore County
Jail Medical and Mental Health Services between Elmore County and Badger
Medicine, P.A. by Rose, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
A Public Hearing was held at 11:00 a.m 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: Township 4 South,
Range 8 East, Section 22 E2SE4; Section 23 SE4SE4,SW4NE4,W2SE4,SW4; Section 24
SE4,S2SW4; Section 25 W2,SE4; Section 26 All; Section 27 E2; Section 34 E2,SW4;
Section 35 All; Section 36 E2NW4,SW4NW4,SW4 and E2; and Township 5 South, Range
8 East, Section 2 Lots 1, 2, 3, 4; Section 3 Lots 1, 2, 3, 4; Boise Meridian,
Elmore County; save and except a parcel of land in Township 4 South, Range 8
East, Section 34 NW4NE4 more particularly described as Tax 1, Section 34,
Township 4 South, Range 8 East, Boise Meridian, Elmore County by changing the
current land use designation from Agricultural A to Agricultural B. Application
from Idaho Windfarms, LLC, as owner of Bennett Creek Windfarms, LLC, and Hot
Springs Windfarms, LLC.
Chairman Rose read written testimony into the record:
________________________________________________________________________________
March 8, 2007
Donald Wong
Bennett Creek Windfram, LLC
3155 East Patrick Land Ste 1
Las Vegas, NV 89120-3481
SUBJECT: 12 structure wind turbine array to be located as follows: approximately
8.8 miles northwest of the Glenns Ferry Municipal Airport in Elmore County,
Idaho.
The Division of Aeronautics evaluated the wind turbine site and structures under
the authority of Idaho Code 21-513 through 21-520 and Idaho Transportation
Department Rule No. 39.04.02.
The proposed wind turbine array, if built as described in the site location
documents provided by the proponent, will be a hazard to air navigation. We
agree with the FAA determination that four of the twelve be lighted for
nighttime operation. Turbines to be lighted at this site are referenced by their
FAA Aeronautical Study numbers listed below.
2006-ANM-4820-OE, 2006-ANM-4824-OE, 2006-ANM-4828-OE, 2006-ANM-4831-OE
The State of Idaho will accept a single red flashing light in accordance with
Chapters 4, 5, and 12 of FAA Advisory Circular 70/7460-1K, Change 1. The State
of Idaho also concurs with the FAA’s requirement for synchronization of the
lights during night time operations and white paint on all the turbines for
daytime marking. Any changes in location or height of structures proposed will
invalidate this determination.
Please contact me at 208-334-8895 if I can be of further assistance.
Sincerely, /S/ Mark Lessor, Aviation Technician. CC: Idaho Aerial Applicators
Association
Manager, Glenns Ferry Municipal Airport, Elmore County Planning and Zoning
Idaho National Guard
Joint Force Headquarters
4040 West Guard St., Bldg 600
Boise, Idaho 83705-5004
Assistant Adjutant General, Army 19 March 2007
Ms. Bonnie Sharp
Elmore County Growth and Development Department
520 East Second South
Mountain Home, Idaho 83647
Reference: Idaho Wind Farms, LLC
Dear Ms. Sharp:
The Idaho National Guard had voiced concern over the minimal proposed aviation
avoidance lighting provided for in the Idaho Wind Farms proposal.
On March 15th Mr. Charlie Chambers representing the Idaho National Guard met
with Mr. John Steiner to discuss our concerns. I am comfortable that the
solution of strobe lights on the end towers and every fourth intermediate tower
answers all of our aviation safety concerns.
We appreciate our concerns being brought to Mr. Steiner’s attention and his
willingness to meet and work out a solution that we both can support. With this
solution we have no other concerns with Idaho Wind Farms proposal.
Sincerely,
/s/ Alan C. Gayhart, Brigadier General, Assistant Adjutant General, Army
CF: Mr. John Steiner
________________________________________________________________________________
John Steiner, Idaho Wind Farms, 24597 Collett Road, Oreana, ID, came forward to
speak in favor of the ordinance. He presented the Commissioners with a printout
of estimated revenue to the County from the wind farm proposal based on house
bill number 189 being passed.
Gerald Fleischman, Idaho Energy Division, spoke in favor of the ordinance, and
also spoke about the strobe lights that will be on the wind turbines.
Brian Jackson, Renaissance Engineering & Design, appeared and spoke in favor of
the projects and the ordinance. He stated the wind business is very competitive
and that many States are receiving revenue from wind farms.
Dave Berg, from the Elmore County Agri-Business Coalition, spoke in favor of the
ordinance. He also stated he was not in favor of white strobe lights, they are
intrusive.
The public hearing was closed and research will be done on the lighting issue
before the Commissioners approve the Ordinance.
Alan Crane, Snake River Rubbish, appeared before the Board and gave the
Commissioners a report of methane gas testing from the Glenns Ferry landfill.
The results showed that no methane gas had been detected at six different areas
of the landfill. Mr. Crane also presented weekly and monthly rates that Cesco
Equipment quoted to rent 2 trackhoes. Discussion followed on whether Snake River
Rubbish should start any work until the survey is done.
Motion to recess for lunch by Rose, second by Shaw.
ROSE................................................ – AYE
SHAW............................................... – 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) on a motion by Rose, second by Cruser to meet with Social Services
Marianne Bate. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
K-01-07-11 Motion by Cruser to dismiss as the appeal has been withdrawn, second
Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Commissioner Cruser read a letter received from Jessie Flores regarding a
request to adopt a resolution recognizing Mountain Home Air Force Base for being
selected as a recipient of the 2007 Commander-In-Chief’s Annual Award for
Installation Excellence. Discussion followed and a Proclamation rather than
resolution could be created and adopted. Deputy Clerk Steele will get the
Proclamation ready for review by the Board.
The current Ordinance regarding wind towers and lighting restrictions was
reviewed.
The Tax Deed hearing was held with Treasurer Rose Plympton. There are two
properties that are delinquent. Parcel Number RP07S10E217200A, Elden. E &
Dorothy M. Gray and RPA0076000001GA, Randy C. Lind. Treasurer Plympton reported
that she had contacted Mr. & Mrs. Gray and they do not want the property. She
also contacted neighbors and they are not interested. The parcel owned by Randy
C. Lind is an alley, it is just a strip of land and the owner cannot be located.
Motion by Rose to take tax deed on RP07S10E217200A, property owned by Elden E. &
Dorothy Gray, second by Shaw.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Rose to take tax deed on RPA0076000001GA, property owned by Randy C.
Lind, second by Cruser.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.
Sheriff Rick Layher, Chief Deputy Nick Schilz, Jail Commander Lynn McCallum and
Walt Femling, Rocky Mountain Corrections, appeared before the Board to discuss
the possibility of extending their contract with Elmore County. Discussion
followed on the pros and cons. The Commissioners decided it would be a good
idea.
Commissioner Cruser read the proposed ordinance into the record on Idaho Wind
Farms:
ORDINANCE 2007-_____
AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING ORDINANCE – CHANGING THE CURRENT
LAND USE DESIGNATION FROM AGRICULTURAL A TO AGRICULTURAL B FOR CERTAIN PROPERTY
HEREINAFTER SPECIFICALLY DESCRIBED
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 March 12, 2007 (written Findings of Fact, Conclusions of Law and
Order issued March 20, 2007), the Board approved a request by Idaho Wind Farms,
LLC to change the zoning classification on certain real property, as hereinafter
described, from Agricultural A to Agricultural B, subject to the Board’s
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, the property is more specifically described as:
Township 4 South, Range 8 East, Section 22 E2SE4; Section 23 SE4SE4, SW4NE4,
W2SE4, SW4; Section 24 SE4, S2SW4; Section 25 W2, SE4; Section 26 All; Section
27 E2; Section 34 E2, SW4; Section 35 All; Section 36 E2NW4, SW4NW4, SW4 and E2;
and Township 5 South, Range 8 East, Section 2 Lots 1, 2, 3, 4; Section 3 Lots 1,
2, 3, 4; Boise Meridian, Elmore County; save and except a parcel of land in
Township 4 South, Range 8 East, Section 34 NW4NE4 more particularly described as
Tax 1, Section 34, Township 4 South, Range 8 East, Boise Meridian, Elmore
County.
WHEREAS, a public hearing was held on April 9, 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
March 21, 2007, and March 28, 2007; and
WHEREAS, following the public hearing held April 9, 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:
Township 4 South, Range 8 East, Section 22 E2SE4; Section 23 SE4SE4, SW4NE4,
W2SE4, SW4; Section 24 SE4, S2SW4; Section 25 W2, SE4; Section 26 All; Section
27 E2; Section 34 E2, SW4; Section 35 All; Section 36 E2NW4, SW4NW4, SW4 and E2;
and Township 5 South, Range 8 East, Section 2 Lots 1, 2, 3, 4; Section 3 Lots 1,
2, 3, 4; Boise Meridian, Elmore County; save and except a parcel of land in
Township 4 South, Range 8 East, Section 34 NW4NE4 more particularly described as
Tax 1, Section 34, Township 4 South, Range 8 East, Boise Meridian, Elmore
County.
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 April 2007.
/s/ LARRY ROSE, Chairperson
/s/ CONNIE CRUSER, Commissioner
/s/ ARLIE SHAW, Commissioner
ATTEST: /s/ MARSA GRIMMETT, Clerk of the Board of County Commissioners
Motion to approve the Ordinance as read above by Cruser, second by Rose. Roll
call vote was taken.
ROSE................................................ – AYE
SHAW............................................... – AYE
CRUSER........................................... – AYE Motion carried and so
ordered.
Jim Guthrie and Tim Marks were present representing the Gem Health Plan. Mr.
Guthrie explained the history of the Gem Health Plan and how it works now. They
will send over a copy of the Joint Powers Agreement, a Trust Agreement and their
By-laws for legal counsel to review. Chairman Rose stated the Employee Committee
needs to be involved in any decisions.
The Board agreed to pay Idaho Association of Counties $469.74 to help obtain
PILT funds (Payment in Lieu of Taxes).
The Commissioners signed a letter to Pine/Featherville area Homeowners regarding
an upcoming project in their area supported by the RC&D Council, the Boise
District BLM, the Elmore County Commissioners and the U.S. Forest Service
regarding fire hazard assessments.
Establishing an emergency mosquito abatement district was discussed. A local
resident, Randy Harney, was present. Pellets compared to aerial spraying were
discussed. The Commissioners will proceed with help from Civil Attorney Roats.
Motion to approve Change Order #7 for the Elmore County Jail by Rose, second by
Shaw.
ROSE................................................ – AYE
SHAW............................................... – AYE
CRUSER........................................... – AYE Motion carried and so
ordered.
Jo Gridley, Assessor, and Jody Soboslai, Property Appraiser, appeared to discuss
the State’s decision on an appeal on the McGrath’s property assessment. Assessor
Gridley had questions if the appeal was taken to Court by the Assessor’s Office.
The solid waste budget was discussed.
Motion to adjourn by Rose, second by Cruser.
ROSE................................................ – AYE
SHAW............................................... – AYE
CRUSER........................................... – AYE Motion carried and so
ordered.
/s/ LARRY E. ROSE, Chairman
ATTEST: /s/ MARSA GRIMMETT, Clerk
