STATE OF IDAHO

County Idaho

 

JUNE SESSION                   June 15, 2010                FOURTH TERM DAY

 

 

            The Board met at 9:00 a.m. with all members present.

 

            Jeremy Walkup re: Poe asphalt projects within Idaho County – repaving of roads in Kooskia area – new culvert will be placed in this area – three miles south of Stites – stimulus money – discussion followed.  

 

            Old Title III funds discussed –  Joyce Dearstyne is requesting $12,180.00 for FOC Youth Corp  – discussion followed.  

 

            Skip made motion to give $300 to Cottonwood Senior Citizens.  James seconded.  Motion carried with all in favor.

 

            James Zehner and Deanna Hall presented circuit breaker audit for 2010 – total parcels – 770.

            Solid waste fees on various parcels – discussion followed.  

            Jerry Sauerbier re: solid waste fee – has a cabin – requesting exemption on solid waste fee –  this cabin is his first home – rents a house in Cottonwood –  Skip explained the county’s garbage system.  Request denied.

 

            Subdivision Ordinance workshop – description of original parcel – discussed patented miming claims and mineral parcels – no ability to easily show a divided sectional quarter quarter parcel  –  future commissioners will have the ability to determine whether or not a subdivision is necessary – discretion of future commissioners to grant variance.     

            Subdivision ordinance hearing will be July 27, 2010 at 10:00 a.m.   Ordinance will be on Idaho County Web Site for review.

 

            Grangeville Area of Impact discussed by Kirk MacGregor – change in the boundary line of the area of impact map discussed –  two ordinances – one for the map and one for wording.

 

            11:15 a.m.        Skip made motion to enter into executive session for indigent according to I C 31-874.  James seconded.  Motion carried.  Roll call taken.

            12:00 p.m.  Ended.

                                    One lien and one N-1

 

            1:00 p.m.          Baldwin Springs Road #367  Abandonment Hearing as advertised at the request of Mel McLean and Jason Schwab.  (recorded)

            Mel McLean – gave testimony and presented document to commissioners and MacGregor – late 1800 this was a used road – gave history on homestead – presented pictures of this road – in 1970 – driveway was closer to house and county road was moved and McLean was blocked from using this road.  In May, 2010 – Judge Stegner ruled this was a public road – he does not expect county to maintain road – I C 40-203 relating to closing of this road was quoted by McLean.

            McLean stated that if this road is abandoned – then he wants exclusive rights to use this road to get to his place.

            Kirk asked if McLean had other access – Mel said “no”  unless he goes through other property by permission – could be taken away tomorrow.  He wants use of this road.

            Kirk explained the law regarding access to property.

            Skip stated McLean asked for the abandonment of this road.  Discussion followed.

            Mel hasn’t used this road since 1962.

            Skip wants to recess this hearing until June 22, 2010, to give Kirk time to review the cases Mel mentioned.

            Tony Schwab questioned when Mel acquired the property – McLean stated in 1987.  When McLean’s parents had this property – they did not have to use this road.

            Kirk once again questioned McLean’s access.

            1:35 p.m. Skip recessed hearing until June 22, 2010 at 1:30 p.m.

 

            1:40 p.m.          Old Caribel Road Abandonment Hearing at the request of Stanley Nixon – access to this road discussed.  

            Steven Hedden, Jr. objected to the abandonment of this road – they have always used this road for hunting and cut fire wood each year on the state land.  

            Nixon stated that Steven still has 25 ft access to their property even if this road is abandoned.  

            Jim Clapperton gave history of the easement – only covered private land and never for the state lands.  State land is open for hunting – this particular land parcel is not for larger vehicles – can be accessed by ATV – road for 1/8 of a mile was on state land and state did not allow Mr. Nixon to use this road.  Nixon built his own road and access is not over state land.

            Jim Clapperton feels the Heddens could still travel on the old state road to get on the state property.  

            Mr. Nixon stated there are 4 easements and are useable to get to the state land.  All land owners will still have access to each of their own property.

            Skip asked – what if the road on Nixon’s property was abandoned, only.  Discussion followed.

            Nixon still wants entire road abandoned.  

            Steven wants to know if their easement ends on their property or continues on.  

            Jim Clapperton talked on state land – public access is not guaranteed.  If one owns property right up to state land – they have a right to enter state land, by ATV only.

            Skip is in favor of abandoning a portion of this road 

            Jim Clapperton stated this portion of state land is easy to access – by walking or ATV.  Showed commissioners access on the map.  

            Mr. Nixon stated this road they built is raised – graveled and placing a culvert to stop water going across road.  

            Steven Hedden stated they use this road every day.  Road has never been a problem.

            Skip made motion to abandon road south of section line.  Discussion.  Jim Rehder seconded.  Discussion.  

            Jim Clapperton stated the state does not have any use for this road –  state has no intention of developing this road.  This road could be used in case of forest fire.  

            Jim Rehder withdrew his second.  Motion dropped for lack of second.

            James Rockwell made motion to deny abandonment of road #393.   Jim Rehder seconded.  Motion carried with all in favor.  

 

            Larry Evans, Forsgren, re:  Glenwood Road  bids for chip sealing of road (6.3 miles)   Bids from Herco and Poe Asphalt.  Herco was low bidder.  Discussion followed.   Proposal presented to commissioners from Herco, Lewiston, Idaho.  Amount $265,440.64.  Proposal signed by Skip.  Due to low bid amount – possibility to do another 1.2 miles for chip sealing off the grant.

 

            Gene Meinen and Jerry Zumalt – rd report/flood damage.  Culvert replacement on Leitch Creek road discussed.   FEMA will be here to do assessment of road damage sometime in July.  Flood issues and private property –   discussion followed on how we can turn the damaged road to pre-event condition.  County may have to bear some of the cost on the county roads.  Private property is currently not covered by Homeland Security or FEMA. 

 

            General Shawver, homeland security, will be here around 9:30 a.m. this Friday to see the Battle Ridge Road damage and other places of damage throughout Idaho County.

            Gene stated most of Leitch Creek is repaired from the flood damage.  

            All emergency equipment ended on Saturday June 12, 2010 for flood damage repair at midnight.  

            Preliminary assessment of flood damage was done by Mike Cook.

            Contracting vs. in house repair work on the roads from the flood damage, discussed. Gene stated we will need to contract some of the work out.

            Jim made motion to appoint Larry Evans, Forsgren Assoc., to do the damage assessment from the flooding in Idaho County.  Skip seconded.  Motion carried with all in favor. 

          

            Jerry Zumalt and  James Zehner re:  Bullberry proposal.  Requesting to upgrade to newer product   Insight is the new product – cost is $900.00.  James made motion to do the Bullberry update.  Jim seconded. Motion carried with all in favor.

            E911 proposals – still working on reviewing of the proposals.    Discussion followed.

 

            Judge Bradbury re: denial of claim submitted for payment of Lankford appeal.  Bradbury explained why county has to pay this claim to the Moscow lawyer, Charles Kovis.   Claim will be re-submitted for payment.  

 

            June 8, 2010 minutes.  Jim made motion to approve minutes as amended.  Skip seconded. Motion carried with all in favor.

 

            Commissioners’ reports.

                        James – no report

                        Jim – herd district – discussion followed – gun range outside of Riggins –  indigent workshop in Lewiston, Idaho – BLM RAC will be in Cottonwood, Community Hall – State public health meeting in Idaho Falls tomorrow – fire district meeting – Three Rivers Mill – EXXon Mobil transport.  

                        Skip – Clearwater Basin Collaborative meeting – next meeting will be in Lewiston for the CBC, Wednesday.   

 

            John McLean re:  Baldwin Springs Road abandonment – John stated that someone said that he gave Mel McLean access through his property to get to Mel’s property – has no intention of giving Mel continued access.   He stated the public road is the best route to get to Mel’s property.    John stated the road has to be open so hay can be hauled out – John will not allow this on the access currently used by Mel McLean.

 

            Police Service and Adult Detention Agreement between Idaho County and the City of Grangeville – amount – $26,000 signed.

 

            The Board adjourned at 5:00 p.m.

 

Chairman:_________________     Attest:__________________