STATE OF IDAHO
County of Idaho
AUGUST SESSION AUGUST 27, 2019 FOURTH TERM DAY
8:30 a.m. The board convened with Commissioners Skip Brandt and Denis Duman and Kathy Ackerman, Clerk present. Commissioner Frei is absent.
The meeting opened with the Pledge of Allegiance.
Commissioner Duman offered an opening prayer.
Brandt moves to go into Indigent proceedings pursuant to Idaho Code 31-874. Duman seconds. Roll call-District 1-yes; District 2-absent; District 3-yes
2-Denial; 2-Lien; 0-Release of Lien
8:40 a.m. End Indigent
Brandt regarding quotes for carpet in the Magistrate Courtroom-Lindsley’s $4706.43, Bettie’s $2874.00. Discussion regarding asbestos abatement-Ackerman will check into scheduling and price. Brandt moves to approve the quote from Bettie’s. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
8:45 a.m. Kelly regarding claims:
Current Expense $ 37,200.37 County Road and Bridge $ 206,322.96
Airport $ 49,003.78 Emergency Comm. $ 4,883.84
District Court $ 6,321.43 Title III-New $ 13,000.00
Indigent $ 3,210.64 Appraisal $ 539.42
Search & Rescue $ 41.42 Noxious Weeds $ 43,650.12
Total Expenditure $ 364,173.98
Brandt moves to pay the claims. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
9:00 a.m. Giddings requests a $200 stipend for a Search and Rescue Coordinator-outlines how the current SAR operation is running-advises that coordination is needed to make sure that all of the pieces come together in the event of a search. Other duties would include processing applicants who would like to be part of the team, maintaining equipment, coordinating and organizing the search, anticipating what support needs are required, etc. Brandt questions the current protocol-discussion. Commission requests that discussion be tabled until next week.
9:20 a.m. Brandt moves to approve the minutes of the August 19 Special Meeting. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Brandt moves to approve the minutes of the August 20 meeting. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Brandt moves to approve Indigent Defense Financial Assistance Agreement for $29,720.40. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Brandt moves to approve the Order for Cancellation as per Abbie Hudson. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Brandt moves to approve the Insurance Rate Sheet for Employees under Gem Plan. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Brandt moves to approve the letter of support for the Telehealth grant. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Brandt moves to approve the Additional Meeting Request for Duman. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Additional Meetings-September 5-Ida-Lew; September 12-Stibnite Advisory: September 30-CEDA Board of Directors.
9:30 a.m. Brandt opens Public Hearing on the Application for Variance filed by Guy and Mary Kay Jungert. Guy Jungert, Scott Jungert and Aaron Gehring are sworn and testify. Guy Jungert gives testimony regarding his reason for requesting the variance-he wishes to split off a five-acre parcel with residence and outbuildings to sell. Participants review map and proposed split. Jessup questions whether or not Aaron Gehring’s water and sewer are separate-Gehring advises that water is separate, sewer is shared with subject property. Jessup questions whether or not water and sewer are separate on the subject property-Guy Jungert advises that they are separate. Jessup questions whether or not an easement has been set up allowing Gehring to share the sewer-this is not known-Guy Jungert advises that he believes that both this parcel and Gehring’s parcel should have drain fields at some point in the future. Marsha Cunningham advises that there is only one tax number being split. Jessup questions whether or not there is road access available to both parcels-Jungert advises that there is access. Scott Jungert advises that the Keuterville Highway District has a permitting process for access-advises that there is one field access currently, a residential access would need to be added via the permit process-feels that there would not be an issue with this. Jessup questions Commission on criteria for granting the variance-feels that there is no reason the variance could not be granted. Brandt moves to approve the variance. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent. Jessup directs Mr. Jungert to have the piece surveyed and to get the survey information to him so the Order can be prepared for signature and recorde
9:49 a.m. End Public Hearing
10:00 a.m. Brandt opens Tax Deed Hearing. Hudson advises that there are 9 properties up for tax deed.
Barbara & Dennis Crosby-902 Lincoln Ave. Grangeville-Amount Due $2722.48-both parties are deceased.
Harada/Hinkson/Karlin-Harada sold the property to Hinkson/Karlin, but no deed was ever recorded-Harada’s have signed off that they have no interest in the property-708 Broadway, Kooskia-Amount due $895.94
Ersal Heitter, etal-49 Mt Idaho Cemetery Road, Grangeville-Ersal & Abbie are both deceased-one daughter who is part of the etal has been contacted and is not interested-Amount due $2,567.05
Terry & Diana Holubetz-two parcels in Cottonwood-3rd Street South-Amount due $644.46 on one parcel, $1,750.58 on second parcel. There is also an LR that is unpaid.
John McHone-property is in Stites-Amount due $1,059.60-subject is deceased.
Sean O’Reilly/Andrew Martin-833 Kidder Ridge, Kamiah-Hudson has not been able to reach these people-Amount due $3,796.96
Joseph Shoemaker-Valley Drive, Kamiah-Amount due-$23,1181,23, part of this is validly recorded liens from Valley View Water & Sewer.
Elizabeth Covington-1/4 interest in mining area in Buffalo Hump Area-discussion regarding how this parcel is assessed-this parcel will be tabled pending explanation/clarification from James Zehner. Continued until next week.
Brandt moves to take tax deed on all parcels except Covington. Duman seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
10:45 a.m. End Public Hearing
11:00 a.m. Duman recaps history of meetings concerning the Orogrande Bridge-Endomines has begun hauling across the bridge, therefore this issue needs to be addressed. Duman advises that a study was done by Great West advising of load limits-questions what Endomines has planned for use. Craig Nelson, VP for Endomines, questions why they are not allowed to use the bridge-their load limits are under the recommended limits pursuant to the study-discussion. Matt Jessup advises that there was a plat accepted by the Commissioners in 1972-the plat includes a Forest Service Road-the legend depicts roads on the plats. Jessup advises that he has researched whether or not the bridge is considered a road-he believes that a bridge is a road. Jessup advises that the road and bridge are probably owned by Idaho County by virtue of the donation of the roads on the plat and dedication to the public via the plat and the acceptance thereof. Jessup advises that he believes that even if the County owns the road and bridge, they have no obligation to maintain the road or the bridge. Corrine Whiteman, advises that she believes that the County has said they do not want the road-Brandt explains that the County has jurisdiction of numerous roads, but many are not maintained. Ray Brooks questions what legal authority they have as subdivision owners on placing limitations on the use of the bridge-Jessup advises that they do not own the bridge-that the statement from the Commission today is that the County probably owns the bridge. Bob Pontius questions why at the last meeting with Denis Duman and Michael Cook they were told that they were the owners-Duman apologies for the misinformation-advises that he only became aware of the new ownership status within the last two weeks. Mark Rhodes advises that he feels that even when ownership is clarified, Endomines will not abide by the load limits-questions who will keep them in check and enforce proper use of the road and bridge. Brandt questions whether or not the road could be deeded to a property owners association-Jessup advises that a road vacation would need to be pursued-discussion. Jessup proposes that the owners create an association for road & bridge maintenance that would include Endomines and then enter into an MOU with the County-discussion. Ray Brooks questions what Endomines is doing to make sure they are under the load limits-Craig Nelson advises they have been spot tested and are doing their best to maintain the limits. Bob Whiteman and Ray Brooks advise that they both reached out to Endomines a couple of years ago to advise them that there would be significant damage to the road and bridge with the heavy use-advise that Endomines would not listen or offer to assist. Rhodes advises that he has seen heavy equipment going across the bridge-is not confident that Endomines will abide by the limits. Discussion regarding the County taking ownership and maintenance. Brooks questions whether the Court will decide who is responsible for maintenance-Jessup advises that maintenance is up to the users when the road is not on the maintenance map. Nelson questions who is liable-MacGregor advises that Idaho County has no duty to maintain the bridge and that that County has no liability for damages. Jessup questions Nelson regarding the possibility of Endomines entering into any kind of an agreement for providing maintenance costs-Nelson advises that they made an offer previously via letter, but it was not favorably received-that offer is now off the table. Jessup advises that the subdivision owners form an association that can work with Endomines to figure out how a reasonable plan for maintenance and repair can be developed. Rhodes advises that they are concerned about long term damage to the bridge that may occur after mining operations have ended-discussion. Brooks questions if load limits can be placed on the bridge-discussion. Meinen advises that Great West is a reputable company-advises that they made an estimate of approximately $81,000 to bring the bridge up to acceptable standards. Bob Whiteman questions use of Nome Bridge and current restrictions-Meinen advises that bridges are inspected on a two-year rotation-advises that restrictions were placed on the Nome Bridge after the last inspection. Meinen suggests that the board take the position that the load limits established by Great West be imposed-discussion. Brooks advises that he approached Zack Black regarding posting a bond for damages which was refused-discussion. Rhodes advises that he believes that the County has an obligation to resolve this issue-when the plat was accepted, the use was primarily recreational and residential use-advises there is now a commercial operation that wasn’t anticipated-is asking on behalf of the property owners and Endomines for a decision to be made. Jessup advises that the public, fee simple, has a right to use the road-discussion. Ray Brooks questions if public use includes commercial operations. Mark Rhodes questions whether or not the County is going to get the proper legal declaration regarding ownership. Brandt questions what it would take to get the parties to work together-discussion regarding easements and road widths. Brandt advises that further research needs to be done-continued to September 3 at 1 pm.
12:15 p.m. Mike Cook regarding Request for Qualifications for Airport Engineering-shortened ad will be placed in the paper, with the full RFQ sent out specifically to several firms. Brandt questions where fencing would be placed-Cook advises this is security fencing that would be considered at some point in the future. Duman moves to approve the publication of the RFQ. Brandt seconds. Motion carries with Brandt and Duman in favor. Frei is absent.
Cook advises that he has been in touch with Burlingame concerning the lease-he has reached out to them with several areas that need to be addressed-discussion. Tabled until next week.
Cook advises that he feels we may need update our Ordinance to prohibit campers, dogs and smoking-would also like to propose an increase in fuel flowage fees.
12:30 p.m. Break for lunch
1:00 p.m. John Cantlon, Secesh resident, advises Commission that the community is holding an election this week to determine a new slate of officers for the Secesh Meadows Property Owners. Discussion regarding tax base and key expenditures. Mrs. Cantlon advises that the main objection is that the road is not opened by May 15-advises that a lot of good will would be generated if this issue could be resolved. Discussion regarding road funding if they are able to form a highway district-discussion regarding groomer funding that may be available. Discussion regarding forming a fire district. Cantlon will follow up with the Sheriff’s Office on the Alert Sense System and other concerns about law enforcement coverage in the area.
Brandt questions whether or not the Cantlons have any ideas regarding better handling of the garbage situation-advise that cameras are needed to prevent illegal dumping. Duman advises that things have to change in order to prevent the Forest Service from pulling us from the site. Commission will work on getting a game camera for the Cantlons to set up in the area of the dumpsters.
1:39 p.m. Meeting adjourned.
Chairman______________________________ Attest:____________________________
