STATE OF IDAHO          

County of Idaho

DECEMBER SESSION                                      December 8, 2015                  FIRST TERM DAY

 

9:00 a.m. The board convened with Commissioners Jim Chmelik, Mark Frei and Skip Brandt, and Annie Bledsoe Deputy Clerk present. Kathy Ackerman will be slightly late.

 

The meeting opened with the Pledge of Allegiance.

 

Syd and Kylie regarding claims:

 

Current Expense     $  30,643.05            County Road and Bridge     $         29,038.29

Airport                   $     75,023.11         Emergency comm.             $                38.50

District Court          $       6,955.66         Title III-New                     $            7,436.08

Title III                  $      15,750.50         Indigent                           $            4,467.48

Appraisal                $          178.00          Solid Waste                      $        134,542.68

Search & Rescue      $          334.15         Election consolidation        $                216.82

Noxious Weeds        $     35,962.39           Snowmobile 25-A             $                  20.83

Snowmobile 25-B     $            84.00

Total Expenditures     $ 340,671.54

 

Frei moves to approve claims. Brandt seconds. Motion carries with all in favor.

 

9:15 a.m. Chmelik moves to approve the hiring of Leigh Zimmerman on a contract for $20 per hour to provide training for District Court staff. Frei seconds.  Motion carries with all in favor.

 

Chmelik moves to approve Orders for Cancellation as presented by Abbie Hudson-$248.64; $596.16; $1,263.84; $298.08; $198.72. Brandt seconds.  Motion carries with all in favor.

 

Chmelik moves to approve Certificate of Residency for Emily Lerandeau. Frei seconds.  Motion carries with all in favor.

 

Skip Brandt has a CBC meeting on Wednesday, December 16 at 10 a.m. at the Forest Service in Grangeville.

 

9:30 a.m. Randy Doman and Mike Cook regarding Resource Plan-request further clarification on the direction the Commission wishes to proceed. Discussion regarding writing a ‘general umbrella’ as a start and possible consultants that could be contracted with to begin the process.  Cook advises that basic guidelines must be put together to provide the direction for beginning the plan.  Discussion regarding what areas should be included in the basic guidelines.

 

10:00 a.m. Chmelik regarding Public Hearing for the validation of Shingle Creek Road. Loren Ipsen, attorney for the Petitioner, Tracy Fore, presents foundation for the purpose of the petition for validation-asks that the Commission consider a road validation that will establish the road as a County road.  Ipsen offers two exhibits, Affidavit of Charles Graham (Exhibit A) and Affidavit of Rose Gehring (Exhibit B).  Ipsen offers copy of recorded plat of Rapid River Estates Subdivision (Exhibit C).  Ipsen advises 40-2310 offers a way for the County to take this road without obligating it to improve the road to a 50 foot road width.  Ipsen advises that 40-2319(1) provides that the County “may” remove encroachments, but that it is not required to.  Brandt questions Mr. Ipsen regarding the ability of the County to offer a validation when there appears to be no easement ever granted over private property.  Kirk MacGregor offers Right of Way Deed from Raymond Triplett to the United States of America (marked Exhibit 1), as well as maintenance agreements with the Forest Service (marked Exhibit 2 and Exhibit 3).  Ipsen regarding ‘imminent domain’-advises that 40-202 prescribes that work done for a 5 year period sets the precedent for imminent domain, which is what has happened in this case.  Ipsen advises that Triplett’s right-of-way deed actually is for a different road entirely.  Chmelik questions prescriptive easement-MacGregor advises that maintenance was done at the direction of the USFS and that the maintenance done beyond that was not regular and continuous.

 

Rod Cullip regarding purchase of their property in 2004-was told that he had access to the property-found out later that he did not have access-questions what would prohibit the purchase of an easement. Brandt questions where Mr. DeVenney and Mr. Travis stand in their willingness to grant/sell an easement. Brian DeVenney advises he is open to granting easements-the sticking point is lack of maintenance provided by the County.  Brandt questions DeVenney regarding his willingness to grant an easement to property owners-DeVenney advises that he had an agreement near completion, but the title company wanted DeVenney to accept liability for the road condition and the agreement fell through as he was not willing to accept that liability.

 

Mike Whiteman regarding his access concerns.

 

Ray Hamel regarding clarification on testimony given today. Hamel presents documents for consideration.

 

Roy Travis regarding his willingness to work with the property owners. Brandt questions whether or not he was a party to the agreement Mr. DeVenney was working toward. Mr. Travis acknowledges that he was a party.

 

Chmelik questions whether or not this can be worked out-discussion. Commission requests a copy of the last draft agreement.  Mr. Ispen advises that he can provide the copy as long as Mr. Travis and Mr. DeVenney have no objections.  Both DeVenney and Travis indicate that they have no objection to the release of the last draft agreement.

 

Hamel questions whether or not private or public easements are being discussed.

 

Meinen advises that the original right of way easement granted to the USFS is on the road in question and not an alternate road as Mr. Ipsen testified. Jeffrey Shinn, Slate Creek Ranger advises this the position of the USFS.

 

Chmelik moves to stay the public hearing until January 12. Brandt seconds.  Motion carries with all in favor.

 

11:05 a.m. Ted Weeks regarding purchase of property in Kamiah area-presents plans for working the property. Advises that he has a meeting set up with the Army Corp of Engineers set up this Spring to address concerns-he is requesting permission from the Commission to take down existing structures and improve two storage sheds-this is in a floodplain. Discussion regarding necessity to complete an Application for Floodplain Permit.

Mr. Weeks will complete Application for the Commission to review.

 

11:20 a.m. Brandt regarding hardship exemptions for Solid Waste Fees-questions whether or not these exemption limits need to be reviewed-discussion.

 

11:30 a.m. Linda Vavra requests cancellation of the taxes and solid waste fee on a trailer she acquired-she is using it as storage only.   Susie Eckert regarding mobile home-advises that this was moved back in April.  Brandt moves to cancel the solid waste fee assessed to William Vavra.  Chmelik seconds.  Motion carries with all in favor.

 

11:40 a.m. Chmelik moves to go into Indigent proceedings pursuant to Idaho Code 31-874. Frei seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes

1-Approval, 1-Denial; 2-Lien; 2-N1; 2-Release Lien; 2-Release N1

11:47 a.m. End Indigent

Brandt moves to approve the minutes of the November 30 meeting. Frei seconds.  Motion carries with all in favor.

Brandt resumes discussion regarding hardship exemptions-discussion regarding possible exemption on ag property. This will be continued until next week when James Zehner can be present.

Chmelik moves to approve the Application for Permit to Develop in a Floodplain Area with restrictions as indicated In the permit comments/conditions. Brandt seconds.  Motion carries with all in favor.

12:10 p.m.  Meeting adjourned.

 

Chairman______________________________     Attest:____________________________