STATE OF IDAHO
County of Idaho
APRIL SESSION April 21, 2015 THIRD TERM DAY
10:30 a.m. The board convened with Commissioners Jim Chmelik, Mark Frei and Skip Brandt, and Kathy Ackerman, Clerk present.
The meeting opened with the Pledge of Allegiance.
Janie Fluharty, Idaho County Recycling, presents update-they are working on trying to purchase a trailer for storing items from the Riggins collection site. Commission signs ground lease agreements with City of Cottonwood and VJ Properties. Frei questions regarding meeting with Robert Simmons-tentatively scheduled for next Tuesday at 7:30 pm.
10:40 a.m. Chmelik moves to approve Certificates of Residency for Kylie Uhlorn and Whitney Sonnen. Brandt seconds. Motion carries with all in favor.
Chmelik moves approve Alcoholic Beverage License for The Western Bar & Grill. Brandt seconds. Motion carries with all in favor.
Chmelik moves to approve Liquor Catering Permit for Rodonna’s Country Haus for Greencreek Hall on May 2. Brandt seconds. Motion carries with all in favor.
10:45 a.m. Jill Summers and Dan Schaub present update on janitor services.
Approval of wage increase to $13.41 per hour for Idaho County Dispatchers Sarah Secrist and Cassy Paluh for additional duties.
11:00 a.m. Brandt moves to approve the minutes of the April 14 meeting. Chmelik seconds. Motion carries with all in favor.
Meinen regarding replacement of a sweeper which is around 30 years old and has been rebuilt and repaired at least two times. Preliminary pricing is around $30,000. Commission has no objection to obtaining some price estimates. Meinen will return when he has solid pricing in hand.
11:15 a.m. Chmelik regarding Petition for Validation or Vacation filed by Matt Jessup on behalf of Jerry Cross and Berne Jones. Jack Huntley is sworn in-he intends to testify. Jessup presents argument for invalidation of road right-of-way. Jessup requests that in the event the Commission decides not to invalidate the right-of-way, they vacate the road right-of-way. Jessup requests a written declaration for recording. Chmelik questions the deeds transferring the right-of-way back to the landowners-MacGregor affirms that he believes that there is no question that the County has no interest. Brandt advises that enough questions have been raised that a determination should be made. Summer Emmert regarding previous deeds-provides copies for review-argues that invalidation, abandonment or vacation will leave Mr. Schneider’s property land-locked. Emmert argues that the road was maintained by the County until the early 1960’s and has been used by Mr. Vessey, primarily for moving cattle between his property and Mr. Schneider’s property. Emmert requests only that the public right-of-way be maintained for current use-not requesting that the right-of-way be maintained or used by the public for general travel. Brandt regarding deed back to Kress in 1951-discussion. Chmelik questions what happens when there is an error in the description-MacGregor advises that regardless of any maintenance, the quit claim from the County back to Kress indicates that the intent was to give up the right-of-way. Emmert argues that this position still leaves Mr. Schneider land-locked-requests a continuance in order to look at other roads in the area to make sure that everyone is talking about the same road. Jessup advises that regardless of the intent, the County can give its property to whomever the County wants. MacGregor advises that laws in place for this situation today did not exist when these deeds were recorded-Emmert again requests a continuance to research what statutes were in place at the time. Discussion. Meinen provides a copy of the minutes from July 1951 regarding Kress quit claim for Commission to review. Jack Huntley advises of his concerns regarding road in question. Brandt advises that it appears that this has been vacated since 1951. Regarding the access issue for Mr. Schneider-there has been no abandonment on the Quinlin Road, therefore there is access available. Brandt moves affirm that the County has no interest in the right-of-way on the road that travels up the ravine North of Stites and was vacated in 1951. Chmelik seconds. Motion carries with all in favor. MacGregor questions whether or not this includes the entire road or only the ¾ mile listed in the deed. Brandt advises he feels that the entire road be vacated-Chmelik concurs. Frei advises that he feels the Commission should stick with the deed presented-discussion. The documentation will reflect that only the ¾ mile listed on the deed will be covered. In the event additional invalidation or vacation is needed on the rest of the road, Mr. Jessup with pursue that through another petition. Emmert objects for the record as a matter of public policy to the access issue.
12:30 p.m. End Public Hearing
Brandt moves to amend agenda to include an Indigent matter. Chmelik seconds. Roll call-District 1-yes, District 2-yes, District 3-yes
Brandt moves to go into Indigent proceedings pursuant to Idaho Code 31-874. Chmelik seconds. Roll call-District 1-yes, District 2-yes, District 3-yes
12:38 p.m. Meeting adjourned
Chairman_______________________________ Attest:_______________________
