STATE OF IDAHO
County of Idaho
AUGUST SESSION AUGUST 24, 2021 FOURTH TERM DAY
8:30 a.m. The board convened with Commissioners Denis Duman and Ted Lindsley and Kathy Ackerman, Clerk present. Commissioner Brandt is absent.
The meeting opened with the Pledge of Allegiance.
Commissioner Duman offered an opening prayer.
Ackerman regarding the redistricting of the Commissioner Districts-this is required by statute. Discussion regarding numbers between the voter registration and census. Continued for further future discussion,
8:45 a.m. Kelly and Lesli regarding claims:
Current Expense $ 28,009.82 County Road and Bridge $ 40,221.71
Airport $ 28,532.96 Emergency Comm. $ 6,337.42
District Court $ 8,176.68 Title III-New $ 38,996.33
Indigent $ 2,154.24 Appraisal $ 6,245.75
Search & Rescue $ 12,144.62 Noxious Weeds $ 481.71
Snowmobile 25B $ 13.00
Total Expenditures $ 171,313.74
Lindsley moves to pay the claims. Duman seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
9:00 a.m. Duman regarding fire mitigation bid opening-Ansell Property-$6500-Rad Mulching is the only bid. Hefner Property-$2000-Pony Creek Outfitters. Duman moves to award the Ansell Property to Rad Mulching and the Hefner Property to Pone Creek Outfitters. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
9:15 a.m. Duman regarding a request for Commissioner meetings to be recorded. Ackerman advises that she has reached out to other counties for information on their practices-discussion. Duman moves to begin recording meetings next week and to have those recordings available to those who request it. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
9:30 a.m. Mike Cook regarding increase in airport lease prices. After sending out letters to current leaseholders, he met with some of these people and Matt Jessup. After further discussion, he feels that a more equitable rate calculation would be based on the date that the lease was signed. He advises that this would make rates unique to each lease-discussion. Casey Zechmann advises that he also spoke with other nearby areas for how their rate increases are calculated-discussion. Robin Hermann questions what CPI is being used to determine the rate-Kelly Bashaw advises that she calculated the increase based on the same CPI she uses for Solid Waste, the All Urban CPI. Discussion regarding items for an addendum for current leases that would lay out the years for review and information on the CPI. Duman moves to adjust the lease rate every five years based on CPI and the calculated new increase would be based the most recent $.07 lease. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
9:57 a.m. Abbie Hudson updates regarding her research on cleaning services-there are no services in the area. She does have someone interested-discussion regarding hourly rate. Duman moves to approve offering the maintenance position at $17.50 per hour. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
10:00 a.m. Duman moves to approve the minutes of August 17. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
Duman moves to approve the proposal for USFS Security for premium pay. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
Duman moves to approve the Additional Meeting Request for Duman. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
10:04 a.m. Duman opens Public Hearing on the Request for Variance submitted by Lorinda Lowe Hughes. Lorinda Lowe and Vicki Lowe sworn and testify. Hughes advises that she has had a survey done to update the legal descriptions. Jessup advises that one objection has been received-Duman reads statement from Sandra Keller-discussion. Jessup questions Marsha Cunningham regarding the need for a variance. Jessup questions Hughes regarding whether or not the lots have been developed-Hughes advises that there no improvements. Jessup questions regarding water and sewer-a perk test was done years ago-discussion regarding obtaining a letter from the Health Department. Jessup questions regarding access-there would be easements for access. Jessup questions whether or not strict adherence to the subdivision ordinance would be impracticable-Lowe advises it would be too costly. Jessup questions whether or not this split would diminish the value of other neighboring properties-Lowe advises it would not. Duman moves to approve the variance contingent upon the letter from Public Health. Lindsley seconds. Motion carries with all in favor.
10:15 a.m. End Public Hearing
11:00 a.m. Jerry Zumalt regarding Disaster Declaration that was signed on July 20-advises that conditions have changed-the State requests that the declaration be rescinded. Duman moves to rescind the previous declaration. Lindsley seconds. Motion carries with Duman and Lindsley in favor. Brandt is absent.
11:17 a.m. Cooper Wright, representing the Hayrynens, advises that he fees that Ordinance No. 48 was not correctly adopted-discussion regarding correcting the Ordinance. Duman advises that he has reflected on this situation since last week-moves to allow the additional address on the unnamed road known as Sill Creek Road on the condition that if any properties were sold or more addresses added the road would have to be officially named. Lindsley seconds. Jessup regarding his opinion that the current Ordinance does not provide for a variance-feels that Ordinance needs to be corrected and a provision allowed-discussion. Motion carries with Duman and Lindsley in favor. Brandt is absent.
11:26 a.m. Break for Lunch
1:30 p.m. Matt Jessup regarding protocol for Public Hearing on Petition for Validation
Denis Duman opens Public Hearing-Ackerman swears in several attendees with the direction that they announce their names prior to speaking.
Lawrence Padrta reads testimony, marked as Exhibit 1. Exhibits 2, 3, 4 & 5 marked and offered. Jessup questions Padrta regarding Exhibit 2, a map with a red line depicting the location of Rabbit Creek-Padrta advises that the red line was drawn in by him. Jessup questions where the legal description came from-Padrta advises that it came from the previous order of the Commission from 1948. Discussion regarding Exhibit 6, a historic map depicting Rabbit Creek. Lindsley questions whether or not the property is landlocked-Padrta advises that the bottom portion is. Jessup questions Mr. Padrta regarding his ultimate goal for the validation-Padrta advises he wants to sell the lower piece and he cannot do that without ingress and egress.
George Mitchell states that he sent in a comment letter-wishes to add that there was a previous ruling from the Commission in the late 1950’s.
Mary Ann Blees makes statement regarding hearing notice-makes statement regarding condition of the road-presents Exhibit 7, pictures depicting road.
Mark Sienk makes statement in opposition, Exhibits 8 and 9 marked.
Chance Charley makes statement in opposition.
Mary Charley makes statement in opposition.
Jason Postma makes statement in opposition.
Jerry Litchfield makes statement in opposition.
Mary Ann Blees makes supplemental statement-states that she sent video to Ackerman for consideration-Jessup advises that video cannot be admitted as evidence unless Ms. Blees is prepared to show the video during the public hearing. Ms. Blees advises that the photos in Exhibit 7 are very similar-will not be offering the videos.
David Schwartz, Idaho Department of Lands, sworn and testifies regarding easements-advises that there is an IDL easement for access to Mr. Padrta’s property.
Duman questions why access cannot be gained via Highway 13-Padrta advises that he does not want to deal with the Tribe-discussion.
Jessup advises for the record that letters were received by George Mitchell, Leah Lytle Emery, Donna Tinker Mitchell, Spears Land Trust, Nez Perce Tribal Executive Committee, and an email from Gail Cochran.
Jessup recommends closing Public Hearing and taking the matter under advisement pending legal review.
2:33 p.m. End Public Hearing
2:39 p.m. Meeting Adjourned.
Chairman______________________________ Attest:____________________________
