COMMISSIONERS MINUTES                                SEPTEMBER 8, 2008


The Commissioners met in Special Session on the above date in the upstairs Courtroom, Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the Special Session/Public Hearing were Chairman Arlie Shaw, Commissioners Connie Cruser and Larry Rose. Also present was Prosecutor Kristina Schindele, Deputy Clerk Barbara Steele and Deputy Clerk Trecia McCain.

The Special Session/Public Hearing was held to hear testimony on a proposed Ordinance establishing a new Area of City Impact for the City of Mountain Home, adopting the map identifying the new Mountain Home Area of City Impact and the legal description describing the Area of City Impact, repealing all ordinances in conflict herewith; and providing an effective date and a proposed Ordinance setting forth its purpose; establishing applicability of Planning and Zoning requirements to the designated Mountain Home Are of City Impact; setting forth responsibility for implementation; establishing procedural standards for modifications of the requirements governing the Area of City Impact; providing for enforcement; repealing all ordinances in conflict herewith; and providing an effective date.

Chairman Shaw opened the Public Hearing and stated this was not a hearing to annex in any property into the City limits. This was for the Area of City Impact to set new boundaries.

Those in opposition spoke first:

Teresa Ramirez, 5105 South 18th East, Mountain Home, stated when she read the public hearing notice the first thing she thought of was annexation. Ms. Ramirez explained she understood in the future there are some areas that can be expected to be annexed and asked would that be voluntary or involuntary. Ms. Ramirez stated she lives in Splendid Acres Subdivision and is content with the water and sewer and sees no benefit from being annexed into the City limits. The proposed increase of fees for residential areas in the City of Impact that were published in the paper have been increased from a few hundred dollars to a few thousand dollars and that will come from the people the City plans to annex in the future. Ms. Ramirez is against the Area of Impact Boundaries.

Mike Grimmett, representing Elmore County Agri-Business Coalition Inc., read a letter into the record:

September 8, 2008, Re: Proposed Area of Impact Public Hearing.

Dear Chairman Shaw, an Elmore County Commissioners, Thank you for the opportunity to comment on the proposed City of Impact boundaries. We recognize the difficulty in planning for growth in our community and understand that balancing act that you as a governing body, and we as a community must perform to keep all parties in mind as this process moves forward.

However, as a group the Elmore County Agri-Business Coalition has some reservations regarding the proposed Area of Impact boundary as we understand it, particularly on the southern edge. We feel that this is a large leap in a fairly short period of time. We have a number of members that have a vested interest in insuring that a buffer zone is maintained between any potential subdivisions and intensive Ag and dairy operations in the area directly south of the proposed area of impact.

As it is currently written, the Elmore County CAFO Ordinance does not afford the same protection for dairies that is does for subdivisions in terms of setback requirements. No dairies may locate within 1.5 miles of a platted subdivision but the same is not true for subdivisions locating next to dairies. Therefore we are concerned that as more properties become contiguous with the City of Impact boundary there will be numerous requests to annex in to the City, receive City services and develop these properties for residential use and begin to encroach on these CAFO’s and Ag operators. Our County has deemed that the Dairy and Ag industries are an important part of our economy and actively promoted Elmore County as a place to locate these CAFO’s and therefore needs to do all that it can to help maintain an acceptable environment for them to continue to operate in. The corridor north and south of Beet Dump Road between the Air Force Base and Highway 30 is one of the few places in our County that have all of the necessary resources and is located in an appropriate area for these operations to function properly. Therefore it should be protected from urban encroachment as much as possible.

We appreciate your fore-sighted and long term approach to establishing the new area of impact boundaries and understand the reasoning behind your proposed boundaries, but in this case ECAC agrees with the Elmore County P&Z Commission that is in the best interests of everyone involved to stop the southern boundary of the new Area of Impact at Hamilton Road with the exception of the annexation of the new City property (the old Corder Farm) immediately south of Hamilton Road.

We appreciate your work in this situation and are pleased to be able to submit this testimony. If you have any further questions of our group we would be happy to respond to them.

Respectfully, Mike Grimmett, Vice-President ECAC

Mr. Grimmett continued and urged the County Commissioners to think this over as there are elections every two to four years, meaning the current City Council may not be there in a few years. Subdivisions encroaching on the dairies are already happening.

Davin Durham, 2206 NE Summerwind, Mountain Home, agreed with what has already been said.

Diane Albedyll, 1766 NE Summerwind, Mountain Home, spoke to the Board stating she was not comfortable with the current Area of Impact as it is right next to her subdivision. Her concern overall is the water in the Mountain Home reservoir. Chairman Shaw stated the new Area of Impact was not affecting Ms. Albedyll at this time. Ms. Albedyll thanked the Commissioners.

Nancy Hahn, 321 Sunrise Drive, Mountain Home, stated she also lives in the Splendid Acres Subdivison. Ms Hahn stated her water and sewer are fine and does not want the City to have the right to force citizens to have to hook up to City water and sewer. Ms. Hahn stated she moved out there to be in the country, not the City. Ms. Hahn does not want the country way of life taken away, which includes having horses, and agrees with all who have spoken.

Ralph Cole, 805 NW Beaman St., Mountain Home, questioned whether enough attention is being paid to water issues.

Martha Ralphs, 3982 NW Morris Way, Mountain Home, asked how many community wells were in the Area of Impact and asked what happens to those community wells if the area is annexed into the City limits. Her concern was also having horses.

Katharine Cram, 255 NE McMurtrey, Mountain Home, agrees with what has been stated.

Stewart Cram, 255 NE McMurtrey, Mountain Home, agrees with what has been stated.

Art Nelson, 3955 NW Morris Way, Mountain Home, agrees with what has been stated.

Al Hofer, 51 SW Sunrise, Drive, Mountain Home, stated he wasn’t really in opposition but wants to know how the acreage was decided. Mr. Hofer stated it was about 8000 acres. Chairman Shaw stated the Area of Impact boundary was taken down to Corder road as it would not impact farming. The only farming being done in the area is City owned property. Chairman Shaw stated going west past Highway 51 was a suggestion from the County’s Planning and Zoning Commission and the City also agreed as there is more growth going west than South. Mr. Hofer asked in 10 years, how many homes would be built and Chairman Shaw stated they did not know. Mr. Hofer asked how many building permits have been issued in Elmore County, and how was the 8000 acres to be added to the Area of Impact decided. Chairman Shaw stated that was the edge of ground being farmed, and some of the ground has been purchased for subdivisions. Commissioner Rose said Idaho law states that Counties and City’s have to work together and make an agreement of an Area of City Impact. If that does not happen, one mile from the City limits will automatically be the Area of Impact. Commissioner Rose referenced Mr. Grimmett’s testimony stating the City could annex property into the City Limits, but the City states they have never forced annexed any property. Commissioner Rose stated they County is trying to keep some configuration to the Area of Impact. Mr. Hofer was just trying to understand how the area got so big. Chairman Shaw stated the economy was better when the decision on the boundaries were made.

Sandra Kellerman, 4481 NW Canal Road, Mountain Home, agrees with what has been stated.

Shannon Ivie, 4401 NW Canal Road, Mountain Home, agrees with what has been stated.

Chairman Shaw asked if anyone else wanted to speak.

A citizen in the audience asked about owning 5 acres and annexation. Mike McCain, City Building Inspector, stated if you have 5 acres or more you cannot be forced annexed into the City limits.

Another citizen had questions about the boundaries. A large map was referenced.

Stephanie Bergh, 10542 Old Highway 30, Mountain Home, agrees with the change, but the boundary should stop at Hamilton Road as the Planning and Zoning Commission and the Highway District suggested.

Chairman Shaw stated the City and County work together on Subdivisions and rules. The proposed Ordinance will follow the County’s Subdivision rules, the current Ordinance follows the City’s rules for Subdivisions.

Sandra Kastner, Mountian Home, agrees that the boundary should stop at Hamilton Road. The map was reviewed and it was decided Ms. Kastner would be in the new Area of Impact and Ms. Kastner asked how that would impact her. Chairman Shaw stated if would not affect her at all as a homeowner. Ms. Kastner stated she still thinks it should stop at Hamilton Road. Mr. McCain explained the Area of Impact boundary on the map and explained the City has no intent of force annexing any property.

Commissioner Cruser stated the last Area of Impact was done in 1995. A citizen asked if the public hearing would be kept open to written testimony. Prosecutor Schindele explained what the Area of City Impact was. General discussion followed on the rules for subdivisions.

Chuck Whipple, Mountain Home, stated he isn’t strongly opposed to the change of the Area of Impact. Mr. Whipple stated from his experience he felt the City was getting more and more control over the County with the Area of Impact. Mr. Whipple stated he has always felt that the County Commissioners have more of an interest in the people of Elmore County than the City does. The City wants growth because a few people can make a lot of money off that growth. Mr. Whipple referenced the Mountain Home Economic Development Department, the County used to fund part of that Department, now the City funds the whole department.

A citizen in the audience asked why the County is giving the City more than a mile from the City limits. Chairman Shaw reviewed how the boundaries were decided. Another citizen in the audience stated part of the proposed Area of Impact to the South was BLM ground, and why didn’t the Area of Impact to the north go out to Beaman Road to square it up. Chairman Shaw stated the last time the boundaries were discussed the people who lived in the Beaman Road area didn’t want it that far up.

Teresa Ramirez spoke again and stated the City has a completely different agenda from the County. Ms. Ramirez stated she feels the City will start annexing in property as it is to their advantage.

The public hearing was closed to oral and written testimony. Chairman Shaw stated a decision will be made soon.

/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk