SPECIAL MEETING MINUTES
Cassia County Board of Commissioners
SPECIAL MEETING MINUTES Tuesday, June 6, 2017 Cassia County Courthouse ▪ Commission Chambers 1459 Overland Ave ▪ Room 206 ▪ Burley ID 83318
8:00 AM The Cassia County Board of Commissioners met today at the place and time as posted by agenda pursuant to Idaho Code § 74-204 for Open Meetings Law. 1) 8:04 AM Call to order 2) 8:04 AM Roll call Roll Call. Present: Kerry McMurray - Administrator (Not voting), Tim Darrington - Member, Bob Kunau - Chair, Paul Christensen - Member, Doug Abenroth - County Attorney (Not voting), Heather Evans – Deputy Clerk (Not voting), Geoffrey Wardle - Counsel for Cassia County from Spink Butler (Not voting) AGENDA ITEM 3) 8:05 AM Consideration of Ordinance 2017-06-01, an emergency ordinance authorized by Idaho Code 67-6523 and Title 9 Cassia County Code to amend and clarify certain regulations applicable to Confined Animal Feeding Operations (“CAFO”), regarding the process for applying for a CAFO permit, the process for modifying CAFO permits, and addressing certain regulations applicable only to certain historic CAFO operations authorized by “Prior Use Permits”, by amending certain provisions of Title 9, Chapter 5, Section 2 of the Cassia County Code requiring all modifications to any existing CAFO permit, where the requested modification would extend or enlarge the use, to conform with the requirements of the current zoning ordinance; modifying the table set forth in Title 9, Chapter 8, Section 2 setting forth the schedule of regulations by designating CAFOS as a conditional use in the Prime Agricultural (“AP”) zone; modifying Title 9, Chapter 11, Section 16 to clarify the process applicable to the modification, extension or enlargement of the operation of existing CAFOs authorized by Prior Use Permits; and modifying Title 9, Chapter 11, Section 17 to address expansion rights for Prior Use Permits; approving findings supporting the ordinance, its emergent need, and the abbreviated period of notice for the required public hearing; and establishing an effective period for the ordinance. a. Wardle explained the process and need for the hearing. b. Also was discussed current process and the need for better process and clarity is needed in light of modernization. c. Modifications of existing permits and weaknesses in current County Code was recommended. d. Wardle said the way to address modification recommendations going forward is that if modifications include expansion, extension, or enlargement, that all permits be converted to conditional use permits. That is consistent with Cassia County current practice. e. The appeal process will be clearer and more streamlined. f. Enforcement tools and mechanisms need to also be in place and would be handled in subsequent Planning and Zoning hearings. g. Wardle stressed these changes are not substantive but rather procedural.
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 1|Page
h. Consolidations require a regulatory process in place to balance the free market and protection of personal property rights with the desire to protect health, safety, and welfare of the county. i. The goal is to have an ordinance in place by 10/1/2018. j. The floor was opened for public comment. k. Wardle suggested posting in five locations in the county where it is an emergency ordinance. It was suggested to post it at Searle’s in Oakley, the C-Store in Malta, the Country Store in Declo, Burley City Hall, and at the County Courthouse. Contact with the Administration Office was recommended. l. A summary can also be published with an explanation and analysis of the ordinance. 8:32 AM Motion: Adoption of Emergency Ordinance 2017-06-01, Action: Approve, Moved by Paul Christensen Member, Seconded by Tim Darrington - Member. Motion passed unanimously. 4) 8:33 AM Adjourn 8:33 AM Motion and Action: Adjourn, Moved by Paul Christensen - Member, Seconded by Tim Darrington Member.
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 2|Page
APPROVED:
/s/_________________________________________________ Bob Kunau, Chair DEPUTY CLERK OF THE BOARD:
/s/______________________________________________ Heather Evans
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 3|Page
ATTENDANCE LOG ATTACHMENT
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 4|Page
Cassia County Commissioner Meeting Attendance Log Date: O(o /o
SPECIAL MEETING MINUTES Tuesday, June 6, 2017 Cassia County Courthouse ▪ Commission Chambers 1459 Overland Ave ▪ Room 206 ▪ Burley ID 83318
8:00 AM The Cassia County Board of Commissioners met today at the place and time as posted by agenda pursuant to Idaho Code § 74-204 for Open Meetings Law. 1) 8:04 AM Call to order 2) 8:04 AM Roll call Roll Call. Present: Kerry McMurray - Administrator (Not voting), Tim Darrington - Member, Bob Kunau - Chair, Paul Christensen - Member, Doug Abenroth - County Attorney (Not voting), Heather Evans – Deputy Clerk (Not voting), Geoffrey Wardle - Counsel for Cassia County from Spink Butler (Not voting) AGENDA ITEM 3) 8:05 AM Consideration of Ordinance 2017-06-01, an emergency ordinance authorized by Idaho Code 67-6523 and Title 9 Cassia County Code to amend and clarify certain regulations applicable to Confined Animal Feeding Operations (“CAFO”), regarding the process for applying for a CAFO permit, the process for modifying CAFO permits, and addressing certain regulations applicable only to certain historic CAFO operations authorized by “Prior Use Permits”, by amending certain provisions of Title 9, Chapter 5, Section 2 of the Cassia County Code requiring all modifications to any existing CAFO permit, where the requested modification would extend or enlarge the use, to conform with the requirements of the current zoning ordinance; modifying the table set forth in Title 9, Chapter 8, Section 2 setting forth the schedule of regulations by designating CAFOS as a conditional use in the Prime Agricultural (“AP”) zone; modifying Title 9, Chapter 11, Section 16 to clarify the process applicable to the modification, extension or enlargement of the operation of existing CAFOs authorized by Prior Use Permits; and modifying Title 9, Chapter 11, Section 17 to address expansion rights for Prior Use Permits; approving findings supporting the ordinance, its emergent need, and the abbreviated period of notice for the required public hearing; and establishing an effective period for the ordinance. a. Wardle explained the process and need for the hearing. b. Also was discussed current process and the need for better process and clarity is needed in light of modernization. c. Modifications of existing permits and weaknesses in current County Code was recommended. d. Wardle said the way to address modification recommendations going forward is that if modifications include expansion, extension, or enlargement, that all permits be converted to conditional use permits. That is consistent with Cassia County current practice. e. The appeal process will be clearer and more streamlined. f. Enforcement tools and mechanisms need to also be in place and would be handled in subsequent Planning and Zoning hearings. g. Wardle stressed these changes are not substantive but rather procedural.
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 1|Page
h. Consolidations require a regulatory process in place to balance the free market and protection of personal property rights with the desire to protect health, safety, and welfare of the county. i. The goal is to have an ordinance in place by 10/1/2018. j. The floor was opened for public comment. k. Wardle suggested posting in five locations in the county where it is an emergency ordinance. It was suggested to post it at Searle’s in Oakley, the C-Store in Malta, the Country Store in Declo, Burley City Hall, and at the County Courthouse. Contact with the Administration Office was recommended. l. A summary can also be published with an explanation and analysis of the ordinance. 8:32 AM Motion: Adoption of Emergency Ordinance 2017-06-01, Action: Approve, Moved by Paul Christensen Member, Seconded by Tim Darrington - Member. Motion passed unanimously. 4) 8:33 AM Adjourn 8:33 AM Motion and Action: Adjourn, Moved by Paul Christensen - Member, Seconded by Tim Darrington Member.
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 2|Page
APPROVED:
/s/_________________________________________________ Bob Kunau, Chair DEPUTY CLERK OF THE BOARD:
/s/______________________________________________ Heather Evans
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 3|Page
ATTENDANCE LOG ATTACHMENT
CASSIA COUNTY COMMISSION SPECIAL SESSION Tuesday, June 6, 2017 4|Page
Cassia County Commissioner Meeting Attendance Log Date: O(o /o
