April 2, 2013

STATE OF IDAHO          

County of Idaho

APRIL SESSION                                   April 2, 2013                                      FIRST TERM DAY

 

10:00 a.m. The board convened with Commissioners James Rockwell, Skip Brandt and Jim Chmelik and Kathy Ackerman, Clerk present.

 

The meeting opened with the Pledge of Allegiance.

 

James Rockwell regarding the review of the exhibits and information presented at hearing.  Brandt questions the survey regarding the connection between the proposed new route and the existing road located on John McLean’s property-discussion regarding Mr. Schwab’s petition-he has no authority to request improvements to the road after it leaves his property. Rockwell advises that in light of the amended petition that eliminated a sharp corner and increased the right of way to 50 feet, the reports of the disinterested visitors, the report of the engineer and the report of the surveyor, he would move to approve the petition to relocate filed by Jason D. Schwab on February 26, 2013.  Brandt seconds.  Motion carries with Rockwell and Brandt in favor.   Chmelik abstains due to a conflict.  MacGregor will prepare an order.  Discussion regarding connection of two roads and boundaries of right of way.   Daniel Baldwin questions the provision in Idaho Code that the road must be equal to the previous route-MacGregor advises that the visitor reports, engineering report and surveyor’s reports all indicate that the new route is as good or better than the old route.

 

10:41 a.m. James Rathke and Paul Akehurst via telephone regarding addressing concerns we have had with the Salmon River Road-James Rathke advises that the paving and lower curbing will be completed per our request-discussion. Rathke questions what it will take to have the Commission sign off and accept the first portion of the road-Meinen advises that there are still maintenance concerns that will leave the road much harder and more expensive to maintain.  Rathke advises that the rock-fall issue was not really addressed in the design-this was a design that was approved 15 years ago.  Meinen advises that he would like to see a copy of what was signed off on.  Cook advises that after a number of inspections on the road, the amount of rock fall is significant due to undercutting of several slopes, thus making the maintenance too costly-advises that the road cannot be accepted as it currently is.  Rathke advises that we could apply for funding for rock fall mitigation-discussion.  Rathke advises that he will make a commitment to try to resolve issues-will work with Meinen, Cook, and Akehurst.  Discussion regarding chip seal requirements and maintenance costs-Rockwell requests Cook and Meinen come up with specific criteria to be delineated upon which we will accept the road.

 

Meinen regarding email from Jim Carpenter advising that he has been advised that Federal funding will be cut off unless steps are taken to repair the Buckhorn Bridge-Meinen advises that we are still waiting on NEEPA-discussion.

 

11:15 a.m. James Zehner regarding the purchase of the 1700 acre Gill Ranch by the Nez Perce Tribe.  Legislation has recently been passed that would make this property exempt-owned by the tribe within tribal boundaries-Zehner requests exemption.  Discussion.  Rockwell questions waiting until they request exemption-Zehner advises that waiting will impact the levies.  Rockwell moves to approve exemption.  Brandt seconds.  Motion carries with Brandt and Rockwell in favor.  Chmelik opposes.

 

11:20 a.m. Rockwell moves to go into Executive Session pursuant to IC 67-2345(f) legal.  Brandt seconds.  Roll call-District 1-yes, District 2-yes, District 3-yes.

 

11:38 a.m. End Executive Session

 

Mike Cook regarding sequestration of SRS and PILT-advises that Clearwater County sent out a letter advising that repayment of these funds should come out of Title II-suggests we might want to consider this too-discussion. We will continue this discussion next week.

 

11:52 a.m. Rockwell moves to go into Indigent proceedings pursuant to IC 31-874.  Brandt seconds. Roll call-District 1-yes, District 2-yes, District 3-yes.

 

3 Approval, 3 Denial, 0 Suspended/Tolled, 2-N1, 1-release-N1, 2-Liens, 1-Lien Release

 

12:06 p.m. End Indigent

 

12:08 a.m. Brandt moves to approve minutes of the March 26 meeting as amended.  Chmelik seconds. Motion carries with all in favor.

 

12:09 a.m. Meeting adjourned.

 

Chairman:_______________________________     Attest:______________________