August 1 & 2, 2016, Emmett, Idaho Pursuant to a recess taken on July 26, 2016, the Board of Commissioners of Gem County, Idaho, met in regular session this 1st day of August, 2016, at 8:00 a.m. Present: Mark Rekow Bill Butticci Bryan Elliott Leandra Rountree Chairman Commissioner Commissioner Deputy Clerk Whereupon the following proceedings were had, to-wit: August 1, 2016 The Pledge of Allegiance was said. ADMINISTRATIVE TIME: The Commissioners worked on administrative matters. Commissioner Butticci was absent from the meeting. IDAHO OFFICE OF EMERGENCY MANAGEMENT STATE LOCAL IMPLEMENTATION GRANT PROGRAM: Bob Wells, Robe Mace, and CJ Fenicottero with the State of Idaho Office of Emergency Management met with the Commissioners to provide information on the FirstNet program. The FirstNet program was discussed and how the program will be implemented was explained. Commissioner Butticci returned to the meeting. 2 nd FORK BRIDGE 404 PERMIT: Road Department Supervisor Neal Capps met with the Commissioners to discuss the 404 permit needed to begin work on 2 nd Fork Bridge. Neal stated that they have the permit from the Army Corps of Engineers with only four conditions on the permit. They are still waiting for Idaho Department of Water Resources to give their feedback, but they can move forward with the process since they have the Army Corps of Engineer permit. At the end of the project the Board will need to sign the completion certificate for the Army Corps of Engineer. They have until March 17, 2017 to return that. COUNTY PROPERTY INVENTORY REVIEW: The Commissioners
reviewed the current property and content values for insurance purposes with Deputy Clerk Leandra Rountree. INDIGENT APPLICATIONS: There were no Indigent applications to review. PROSECUTING ATTORNEY MATTERS: At 11:34 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Elliott and carried unanimously to go into executive session under Idaho Code 74-206(1)(f) for potential litigation with a roll call vote as follows: Commissioner Elliott, aye, Commissioner Butticci, aye, and Commissioner Rekow, aye. Regular session reconvened at 11:43 a.m. The Commissioners recessed at 12:00 p.m. for lunch to reconvene at 1:15 p.m. CONSENT AGENDA: Items on the consent agenda included A. Letha Sewer District Delinquencies for the Tax Rolls, B. Certificate of Residency for Lacey Waller, Forrest Moore, and Brycen Tow, and C. Idaho Liquor Catering Permit for Gem Lounge on Central Road for a wedding on August 13, 2016. A motion was made by Commissioner Butticci to approve the consent agenda for August 1, 2016 items A. - C. It was seconded by Commissioner Elliott and carried unanimously. MINUTES: The minutes from July 18 & 19, 2016 were reviewed. Commissioner Rekow made a motion to approve the minutes from July 18 & 19, 2016 as amended. It was seconded by Commissioner Butticci and carried unanimously. FISCAL YEAR 2017 BUDGET DISCUSSION: Russ Moorhead met with the Commissioners to discuss the building construction/remodel of the basement for the fiscal year 2017 budget. Publishing of an RFQ and the different methods of construction were discussed. Assessor Johnston met with the Commissioners to discuss the fiscal year 2017 budget. The Board recessed at 5:00 p.m. to 8:00 a.m. on August 2, 2016. GAS AND OIL PUBLIC HEARING: A public hearing was continued from June 28 th. Commissioners Rekow, Butticci and Elliott attended along with Clerk Tilton, Road Supervisor Neal
Capps and Development Services Director Chris Hoem. Chris Hoem explained that an ordinance would put protections and restrictions in place. He said the process started with a committee that drafted the ordinance and submitted it to the Zoning Commission who held meetings and came up with the proposed ordinance. He reviewed how to obtain information and view the ordinance on the county website. William Webster said his concern is water and what recourse there would be if the drilling contaminates his well. Lee Rigdon would like the Commissioners to enforce the maximum distance allowable for drilling from wells. She said Letha has an evaporation pond for sewer. She wondered what happens if fracking causes and earthquake and ruptures the dam. She would like to see an impact study done to determine detrimental effects. Shelly Brock discussed toxic chemicals in the wastewater. She believes the state is trying to pressure the Commissioners to pass a weak ordinance. She feels 200-300 feet is an obsurdly small setback; they should be 1000-1500 feet. She provided documentation regarding permit application pertaining to road maintenance as well as permit requirements. Patrick Weiss feels kids who are homeschooled are at higher risk. He asked the Commissioners to keep the community safe. Ken Checketts said he recently got out of the industry. He said the biggest concern is education. He feels the media puts out negative connotations. In his experience there are a lot of safety guards including federal and state mandates and regulation. He doesn t believe the water will be poisoned. He would like to see a community event to discuss the safety measures that are taken. Bob Hawthorne wondered if there is anything in place to provide drinkable water when the water becomes contaminated. He discussed the reaches of the aquifer. Jana Munson asked if there would be a meeting where public questions would be answered. Commissioner Rekow said they aren t experts in the field and that questions submitted would be answered if possible. He said that is what the meeting held last month with the Department of Lands was for. Dale Atkinson said he would rather have his water within 200 feet of a gas and oil well than a subdivision
that doesn t have their septic systems pumped. He said his concern is what happens if the chemicals are spilled before it goes into the wells. Joe Morton discussed disclosure and the county s authority to regulate. He discussed local lawsuits that had decided who could access people s properties in which the property owners had prevailed. He said there is financial support from the community to fight for the protection of the citizens. Gail MacDonald she doesn t want fear of being sued to hinder creation of an ordinance that will protect the quality of life for citizens who want the ordinance as well as those who don t. She discussed a letter from Idaho Attorney General Wasden to Payette county Prosecutor Anne Marie Kelso stating that it is sad that citizens have to fight for protection. Martin Fry wondered if the definition of school includes the Ola and Sweet schools. Dorothy Hawthorne discussed zoning classifications stating that allowing drilling in residential areas is contrary to existing ordinance. She provided the document she had referred to. Elsa Oldfather said she doesn t see limits to noise and dust and feels limits should be listed. Bill Bailey feels there are no teeth in the ordinance. He discussed clean up and water contamination. Gail MacDonald addressed comments made at a previous meeting who had said the gas was a God given resource; stating she believes she is to steward the land rather than ravage it. She discussed military use of renewable energy. She discussed the safety of first responders. Jason Casella sees an option to opt out lacking in the ordinance. He has concerns with an industry foreign to the area being given authority to force people to do this. He wondered what constitutional authority gives the State the right to own the water as well as the authority to force forfeiture of people s property rights. Chow Chavatipon discussed water concerns. Shelly Brock discussed concerns with the industry being almost completely self-reporting. She said citizens have prepared ordinances that have not been challenged. Patrick Weiss believes no income was brought to the county when exploration was being done. He believes they would bring in their own crews rather than hiring locally. Lee Rigdon said it seems like everyone is against the ordinance. She would like the Commissioners to consider
the citizen s ordinance. With public comment complete, Commissioner Butticci made a motion to close the public hearing. It was seconded by Commissioner Elliott and carried unanimously. Commissioner Rekow said they would read through the paperwork and let the public know when deliberation would occur. The Board recessed at 8:03 p.m. to 8:00 a.m. on August 2, 2016. August 2, 2016 ROAD DEPARTMENT UPDATE: Road Supervisor Neal Capps met with the Commissioners to provide an update for the Road Department. DEVELOPMENT SERVICES UPDATE: Chris Hoem met with the Commissioners to provide an update for Development Services. PUBLIC WALK-IN: Jan Azpitarte met with the Commissioners to discuss the Pulley Subdivision. Marty Fry met with the Commissioners to provide his feedback on how the gas and oil ordinance has been handled. Janet Monti met with the Commissioners to discuss county issues. Topics discussed included the Gas and Oil Ordinance process, Development Services Department, and the proposed FY17 budget. ADMINISTRATIVE TIME: The Commissioners worked on administrative matters. The Commissioners recessed at 12:00 p.m. for lunch to reconvene at 1:15 p.m. ADMINISTRATIVE TIME: The Commissioners worked on administrative matters. Commissioner Butticci made a motion to add to the agenda due to timeliness a letter to the Gem Soil and Water Conservation District a letter of support for the 319 Grant and the submittal approval for the 2 nd Fork Bridge construction. It was seconded by Commissioner Elliott and carried unanimously.
Commissioner Butticci made a motion to sign the support letter for the Gem Soil Water and Conservation District for the 319 Grant and that we sign the submittal letter for the 2 nd Fork Bridge construction. It was seconded by Commissioner Elliott and carried unanimously. The Board recessed at 5:00 p.m. to 8:00 a.m. on August 8, 2016. Attest: Clerk Approved: Chairman