July 3, 2018

STATE OF IDAHO
County of Idaho

 JULY SESSION                   JULY 3, 2018                       FIRST TERM DAY

 8:30 a.m. The board convened with Commissioners Skip Brandt, Mark Frei and Denis Duman and Kathy Ackerman, Clerk present.

The meeting opened with the Pledge of Allegiance.

Commissioner Duman offered an opening prayer.

Kirk MacGregor regarding possible violation of a right of way on Clearwater Platted Tracts-advises that Jonico Charley, who owns property in this subdivision, has numerous items including old vehicles parked in the right of way-MacGregor provides photos.  Brandt questions if the fence in the photos is where the right of way is-Jim Moody advises that he believe the fence is also encroaching-discussion.  MacGregor suggests writing Mr. Charley a letter and giving him two weeks to clear the area. Doug and Debbie Pollan, also neighbors, advise that the junk piled in the right of way is causing significant problems.  Discussion-MacGregor will write a letter.

MacGregor advises there is another issue in this area with Randy Huffaker, who also has miscellaneous items in the right of way and has also built a fence within the right of way.  Moody advises that he has located several survey pins that confirm the fence is within the right of way. Brandt advises that his understanding is that while this is a public right of way, it is not a road maintained by the County-advises that he has understood that the subdivision homeowners need to enforce their own right of ways-feels that the County should not be in the position of monitoring and enforcing the activities of property owners within a subdivision.  Commission feels that a letter would be appropriate, but that the property owners may need to seek their own legal remedy in the event there is no compliance.  Brandt questions if there are others encroaching-Moody advises there are others, but they don’t directly affect him.  MacGregor also advises there are numerous junk items on Mr. Huffaker’s property-Moody advises that some of these items are located right along his fence line-he is concerned that there are barrels possibly containing hazardous waste.  MacGregor advises that he feels there is a potential violation of our solid waste ordinance which addresses the unlawful collection of junk.  Brandt advises that he is concerned that this opens the door to the County being in the position of policing private property-discussion.  Moody questions what has to be done to get clarification on what constitutes solid waste-feels that you can look at it and make the determination-Brandt advises that he feels that sometimes the junk is worth a lot of money to the right person-discussion. Brandt questions whether or not covenants could be re-established by the property owners-MacGregor advises that a majority of property owners could adopt covenants and work to address this issue.

9:00 a.m. Scheduled conference call with the Payette cancelled due to conflicts they had.  Draft letter regarding proposed agreement for road maintenance in Warren/Burgdorf/Secesh area reviewed-discussion.  Letter finalized-will be scanned and emailed, as well as mailed in order to expedite the process. Frei moves to sign and send the letter to the Payette.  Duman seconds.  Motion carries with all in favor.

Duman questions Meinen regarding his knowledge of the mining operations in the Orogrande area-advises that the equipment they intend on using will be very detrimental to County roads-discussion.  Brandt questions whether or not we have contact information for them-Meinen will make contact and ask them to make an appointment to update the Commissioners.

9:30 a.m. Brandt regarding Cove Road Repair-one bid received from Cook & Sons-Bid bond received-$139,956.91 is total bid.   Bid will be reviewed by Meinen and John Watson.  Duman moves to accept the bid from Cook & Sons.  Frei seconds. Motion carries with all in favor.  Ackerman will prepare the Notice of Award for signature.

9:45 a.m. Brandt convenes the Board of Equalization.  Next case is Anthony Dorsey.  Dorsey and James Zehner sworn and testify.  Dorsey presents his argument for a reduction in valuation-advises that while the house was recently remodeled prior his purchase, he has discovered that many of the issues with the property were simply covered up-advises that he has water issues and black mold. Dorsey advises that there are also issues with the stucco applied as an outside finish to the remodeled home-this is also problematic due to settling. Zehner advises that Grangeville was just reappraised-value of subject property was trended up, based on comparative sales and updating due to the remodeling.  Zehner questions whether or not a home inspection was done at the time of the purchase-Dorsey advises that he did his own inspection, as he is a mechanical engineer with construction experience-advises that the issues discovered were all covered up at the time of his purchase-indications of problems began after the first Spring.  Zehner questions what Mr. Dorsey thinks the value should be-Dorsey advises that he feels the 2013 amount is about right. Dorsey reviews information provided by Assessor-Dorsey advises that the only source of heat is a fireplace insert.

Final case is Connie & Brian DeMond-not present.  Zehner presents information on appraisal-breaks out specifics of valuation.  Zehner rebuts the appraisal provided by DeMond-advises that some of the comp sales provided were not actually in Riggins, when there were comps available in Riggins. Zehner presents several comp sales in Riggins-advises that the subject property is in a prime location-feels the valuation is appropriate.  Brandt questions what values they have on vacant lots in the area-discussion.

10:20 a.m. BOE recessed.

Brandt moves to go into Executive Session pursuant to Idaho Code 74-206(1) d for Exempt Records.  Frei seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes

11:53 a.m. End Executive Session

11:53 a.m. Brandt moves to go into Indigent proceedings pursuant to Idaho Code 31-874.  Duman seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes

0-Approval; 0-Denial; 0-Suspension; 4-Lien; 4-N1; 1-Release of Lien, 1-Release of N1

11:56 a.m. End Indigent

Brandt moves to approve additional meeting request for Duman for CEDA and Ida-Lew.  Frei seconds.  Motion carries with all in favor.

Brandt moves to revoke the catering permit issued in error to Doreen Ash.  Frei seconds. Motion carries with all in favor.

Brandt moves to approve the Alcoholic Beverage License for the Triangle and Three Rivers Resort.  Duman seconds. Motion carries with all in favor.

Brandt moves to approve the request from Clearwater QRU to go back on the disbursement list for ambulance funds.  Frei seconds.  Motion carries with all in favor.

Brandt regarding the hardship tax relief request from Abbie Hudson-Hudson advises that she has been contacted by the parents of the taxpayer with the request-discussion.  Frei moves to cancel the taxes for 2015 for the subject property.  Duman seconds.  Motion carries with all in favor.

Brandt moves to approve the exhaust fan quote, option #2 for $1387 from Quality Heating.  Duman seconds.  Motion carries with all in favor.

Brandt moves to approve the quote for completion of the Search & Rescue Building.  Duman seconds.  Motion carries with all in favor.

Duman moves to approve the minutes of June 26.  Frei seconds.  Motion carries with all in favor.

12:16 p.m. Break for Lunch

1:00 p.m. Brandt moves to go into Executive Session pursuant to Idaho Code 74-206(1) d Exempt Records.  Duman seconds. Roll call-District 1-yes; District 2-yes; District 3-yes

1:50 p.m. End Executive Session

1:50 p.m. Brandt regarding Public Defender Proposals-only one proposal received from Joanna McFarland.  Ackerman will reach out to her about renewing her contract.

2:00 p.m. Meeting adjourned.

Chairman______________________________     Attest:____________________________