COMMISSIONERS MINUTES July
21, 2008
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 Arlie Shaw, Commissioners Larry Rose and
Connie Cruser. Also present was Clerk Marsa Grimmett.
Chairman Shaw read the Certificates of Residency into the record: Juan Thomas
Santos and Stephanie Michelle Santos. Motion by Rose, second by Shaw, to approve
the Certificates of Residency as read.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
A letter was signed to the Office of Energy Resources regarding the transfer of
ownership of Anemometers. A copy will be sent to Leonard Hutterman.
Civil Attorney Richard Roats joined the meeting.
The number of ballots to be ordered for the General Election was discussed.
Motion by Rose, second by Cruser, to approve the number of ballots to be ordered
for the General Election.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Gary Spackman and John Westra from the Idaho Department of Water Resources
appeared before the Board to discuss water issues. Mr. Spackman stated a water
study will be done over a three year period in Mountain Home to start in 2013
and to end in 2015. Commissioner Rose asked when the results of the study would
be available and there was no definitive answer. Chairman Shaw asked if there is
an existing water right that is transferred to a subdivision does the date of
the water right stay the same. Mr. Spackman stated yes, the date of the water
right stays the same in most cases. Commissioner Rose asked what is the
responsibility of the Department of Water Resources, the study to be done
starting in 2013 is a long time from now and are the Elmore County Commissioners
responsible for water distribution? Mr. Spackman replied the Department has the
responsibility to accept applications for the appropriation of water and they
have a set of criteria to look at before approving the applications, new or
transfers. The criteria being: will the application injure other water rights,
is the water supply sufficient for the purpose sought, is the application filed
for purposes of delay or speculation or in bad faith, does the applicant have
sufficient financial resources, is the application in the local public interest,
and is it consistent with principles of conservations of waters of the State of
Idaho. Those are the six major factors for a new application. Mr. Spackman
referenced Idaho Code 42-203a. For a water transfer, the criteria is will the
transfer injure other water rights or will it result in a larger water use,
which would result in a reduction of the water right. This sets up a conflict
for the Director as he is given the responsibility to promote the full economic
development of the resource, the responsibility to ensure that existing water
rights are protected. The Statutes state that the Director should not allow
water withdrawls that would exceed the annual rate of recharge to an aquifer.
The problem many times is the Department does not know what that balance is,
that is the purpose of the study, how much water is coming in and how much water
is going out. Commissioner Rose stated the Commissioners are being told the
water table is dropping by local residents. Mr. Spackman stated there was an
attempt several years ago to estimate the water level based on limited
information (rain fall, area of recharge, elevation, and snow pack) along with
what water was being taken out of the ground. There were limitations on that
analysis along with variations on groundwater withdrawls and the declines in
water levels that the Commissioners are referring to. Mr. Spackman stated there
are areas that continue to decline, centered in the City of Mountain Home,
Mountain Home Air Force Base and the Cinder Cone Butte area. Mr. Spackman stated
outlying areas, North of I-84, the Orchard area, Simco Road Area, and Mayfield,
there are a couple of monitoring wells that show no declines and have actually
showed some very minor increases over the years. Discussion followed on the
proposed developments in those areas and what restrictions the Department of
Water Resource put on those proposed developments. Commissioner Rose stated the
County is in a predicament, the law says individual wells are acceptable, and
the Department of Water Resources and The Department of Environmental Quality
recommend community water systems. Mr. Spackman stated in Blaine County a policy
statement was issued regarding use of the water from the Big Wood River. The
County Commissioners could issue a public interest statement that the Department
of Water Resources would review and both entities could work together on
enforcement. Mr. Spackman stated it would be in the County’s best interest to
seek legal counsel on any issues. Mr. Spackman referred to a groundwater
management area in Twin Falls with declining water and compared the situation to
Mountain Home regarding domestic well use and referenced the public interest
statement discussed earlier.
Ron Leydet, Elmore County Citizen, came forward and stated that Idaho Department
of Water is the sole agency that controls water and therefore no decisions
should be made by the Board of County Commissioners regarding water use. Mr.
Leydet stated make the developers prove there is water. The process of water
applications was discussed. Mr. Spackman spoke about water districts and that
senior water rights are important to have when water districts are formed. The
City of Mountain Home purchasing senior water rights was a wise move. The public
interest statement was discussed once again as a possible solution to the
County’s water issues. The Commissioners thanked Mr. Spackman and Mr. Westra for
coming.
Mir Seyedbagheri, Extension Agent, appeared before the Board to discuss various
budgets. The Pest budget was discussed first. The cost for mosquito abatement
was discussed. The Noxious Weed budget was next. The Extension Agent budget was
next. No new vehicles are projected for the departments.
Nick Schilz, Disaster Services Director, appeared before the Board regarding the
Disaster Service budget. Deputy Schilz stated the scope of the department has
changed since he took over as the Director of the Department and it therefore is
requesting an increase in his salary. Deputy Schilz stated he would appreciate
any consideration of his request and pointed out to the Commissioners if he ever
left, a full time person would have to be hired to fill the position. The “B”
portion of the budget was discussed, adjustments were made to the equipment line
item.
Motion by Shaw, second by Rose, to recess for lunch.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Motion by Shaw, second by Rose, to go into Executive Session pursuant to I.C.
67-2345(d) with Social Services Director Marianne Bate.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The following decision was made:
K-06-08-09 Motion by Rose, second by Cruser, to deny as not last resource, the
applicant was approved for Medicaid.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
Regular session resumed.
Traci LeFever from the E-911 Department and Bob Knight from the Growth and
Development Department appeared before the Commissioners to discuss the Plotter
located in the E-911 building. The Growth and Development Office is in need of a
plotter for printing maps. Ms. LeFever stated the only reason it was in her
office was she had the space. Mr. Knight stated if the Plotter was moved to
their office, perhaps it could be networked allowing Ms. LeFever to print from
her office. The Commissioners agreed the Plotter could be moved.
Plant Facilities Manager Dan Collins appeared to review his budget. The
Commissioners discussed having a printout with the current employees wages, step
and grade available for review. Clerk Grimmett phoned Payroll Clerk Pickett and
asked for a report. The “B” portion of the budget was discussed. Mr. Collins
stated at the Jail there was an error on a power meter which will not reflect an
accurate account of the power bill for the Jail. Jail expenses and how they are
coded and paid were discussed.
Jerry Rost, Coroner, appeared regarding an indigent claim. Mr. Rost handed in a
voucher for payment.
Karl & Kari Vogt, Northwest Paramedics, appeared for their monthly meeting. The
questions on the Request for Proposal on the Ambulance contract was discussed.
Commissioner Cruser stated the process had taken longer then expected. Chairman
Shaw stated he was not anticipating that the ambulance contract would be awarded
by October 1st and asked Mr. Vogt to give the County an estimate on a month to
month basis to extend their contract. Mr. Vogt suggested the County create an
Advisory Board.
At 4:00 p.m. a public hearing was held to receive testimony on an appeal of a
Planning and Zoning Commission decision regarding a requirement placed on a
Conditional Use Permit and Preliminary Plat for a 13 lot platted subdivision to
be known as Vanilla Sun Subdivision in an Agriculture A Zone. Applicants are
Dirk and Sherene Fluckiger. The Planning and Zoning Commission added the
requirement that the Applicant install a community water system. The site is
located in the NE4SE4 of Township 4 South, Range 7 East, B.M., Less Tax 3 and 7.
A more common means of locating this site is to travel south on Highway 30 to
Groefsema Road. South on Groefsema Road approximately 7/10 of a mile. The
property is located on the right hand side.
Dirk and Sherene Fluckiger, 623 NW McMurtrey Road, Mountain Home, ID and Brian
Peterson, Attorney with Hall Friedly & Ward, appeared before the Board. Attorney
Peterson stated the Fluckigers understand the importance of the health and
safety of the citizens of Elmore County, they worked very closely with Mr. Jones
from Central District Health to ensure that all the planning was in compliance
with the Department of Environmental Quality (DEQ) and Central District Health.
A nutrient pathogen study was done which Mr. Jones approved. Mr. Peterson stated
it is not economically feasible for Mr. Fluckiger to spend approximately
$600,000 for a community well in addition the cost for building the road and
then sell the lots for profit. Mr. Peterson stated a homeowners association
would have to be formed to pay for the maintenance on the community water
system. Individual wells and septics are preferred by landowners as they are
more convenient and not as expensive. Mr. Peterson stated it was unreasonable
and unnecessary to require a community well under these circumstances. Mr.
Peterson explained the Project Engineer for the subdivision is on his way to the
public hearing.
Commissioner Shaw asked Bob Knight from the Growth and Development Department
about the nitrate area. Mr. Knight stated DEQ has several nitrate priority areas
identified with test wells. South and East of Mountain Home are the higher
nitrate readings.
Kurt Smith, Project Engineer for Vanilla Sun Subdivision, appeared and stated
the Subdivision is in a nitrate priority area which required the nutrient
pathogen study. The study supports that private wells and septics are able to be
utilized for this development. Mr. Smith stated the cost is astronomical for a
community water system and if a community water system is required the project
cannot be completed.
Chairman Shaw questioned the cost of the water system and Mr. Smith explained
the individual items that are needed for a community water system.
Larry Jewett, Mountain Home Rural Fire Department, spoke to the Board stating
when an appeal is filed it changes how they evaluate their requirements. They
would require fire hydrants and at least 1000 gallons a minute for fire water if
a Community Water System was installed.
Kurt Smith spoke again restating the requirements of a community water system.
Commissioner Cruser stated she would like to see the estimate in writing of the
community water system. The document was submitted for the record.
Chairman Shaw motion to closed the public hearing and go back into regular
session, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
The public portion of the meeting was held. Frances House appeared to speak to
the Commissioners. Mr. House explained to the Commissioners that he had bought a
house in Hammett and started to remodel the kitchen. Mr. House stated he did not
get a permit to do so, and has now been asked to pay for a building permit, the
price being doubled as a penalty. Mr. House explained in other States he has
lived in he was not required to purchase a building permit for renovations. Mr.
House is asking for the cost to be forgiven. The Commissioners told Mr. House
they could not reverse the building permit fee cost.
The Requests for Qualified Planners and Economists that were received were
opened.
The proposed 2009 budget was reviewed.
Motion by Shaw, second by Cruser, to adjourn.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk
