March 26, 2013

STATE OF IDAHO          

County of Idaho

MARCH SESSION                                March 26, 2013                                  FOURTH TERM DAY

 

10:00 a.m. The board convened with Commissioners James Rockwell, Skip Brandt and Jim Chmelik and Kathy Ackerman, Clerk present.

 

The meeting opened with the Pledge of Allegiance.

 

Syd regarding claims:

 

Current Expense          $       14,174.46           County Road and Bridge         $       8,558.65

Airport                         $             818.31          Emergency Comm.                  $       3,309.87

District Court               $         2,654.53           Title III Forest-New                 $            65.79

Title III Forest-Old       $            784.24           Indigent                                   $       1,274.16

Junior College             $         3,350.00           Solid Waste                             $            54.18

Election Consolidation$            384.03           Snowmobile 25-B                    $            10.56

Total Expenditures      $       35,438.78

 

Rockwell moves to approve the claims.  Chmelik seconds.  Motion carries with all in favor.

 

10:15 a.m. Rebecca Warden regarding IronPort server replacement-this houses our email-estimate presented includes hardware replacement and 3 year software renewal.  Rockwell moves to purchase equipment as presented.  Chmelik seconds.  Motion carries with all in favor.

 

10:30 a.m. Jim Chmelik regarding resolution supporting the Transfer of Public Lands Act (HB 148 2012)-resolution revised.  Discussion regarding the merits of the resolution-Shelley Dumas advises that she feels State management is the wrong direction to go-feels there is gross mismanagement at the State level.  Derek Farr regarding where the statistics and background for this resolution came from-feels that it wasn’t sufficiently researched using credible scientific data-discussion. Cheryl Bransford regarding her experience with land management by the Idaho Department of Lands. Brandt moves to approve Idaho County Resolution 2013-04.  Chmelik seconds.  Motion carries with all in favor.

 

11:00 a.m. Mark Craig, USFS regarding proposed treatment after last year’s fire season-presents strategic plan-so far they have only had comments from environmental groups.  Discussion.  USFS will have a letter coming out soon with a request for further comment.

 

11:15 a.m. Gene Meinen regarding review of Salmon River Road-letter addresses concerns-letter signed.  Meinen regarding Crooked River Plan-advises that the Commission previously sent a letter regarding this matter-asks for further discussion before a decision is made.

 

John Warford thanks Commission for stepping up and protecting Idaho County-advises that the area from the Auto-View to Mt. Idaho is completely littered with trash and debris-requests that a prisoner crew be dispatched to work on clean-up.

 

Alcoholic Beverage License approved for:

The Outpost/The Old Opera House-beer and wine

Trestle Brewing Co.-beer and liquor

 

11:35 a.m. Discussion regarding Facilities Review Group-Rockwell will be part of that committee.  Discussion regarding Technology Committee-Brandt will be part of that committee.

 

Rockwell moves to approve minutes of the March 19 meeting.  Brandt seconds.  Motion carries with all in favor.

 

11:45 a.m. Rockwell moves to go into closed session for indigent pursuant to IC 31-874.  Brandt seconds.  Roll call-District 1-yes, District 2-yes, District 3-yes.

 

1 Approval, 1 Denial, 1 Suspended/Tolled, 4-N1, 0-release-N1, 4-Liens, 0-Lien Release

 

11:52 a.m. End Indigent

 

12:03 p.m. Recess for lunch.

 

1:00 p.m. The Board reconvenes

 

Lanne Seifert, Liberty National Insurance, regarding insurance coverage provided by his company-presents information for consideration to be offered to employees.  Kathy Ackerman will check with other Elected Officials and department heads to see if there is interest in offering this.

 

Jennie Fischer, Jennifer Harris, Bill Conroy, and Joe Bonn regarding project on Crooked River Road Area-present overview of project-discussion.  Bonn advises there are several jurisdictional complications and that he believes the best method for moving this project forward would be for the County to join with the Nez Perce Tribe and the Forest Service to look at all alternatives.  Rockwell questions how the Elk City residents feel about the new route-Bonn advises that most are against the proposed new route.  Bonn asks for a response from the County-discussion.  Fischer advises they would need a letter agreement that would establish the County as a Cooperating Agency.  Chmelik will visit with residents in Elk City.  Jennifer Harris is working on an MOU between the Forest Service, BLM, Tribe and County regarding road maintenance issues.  Jennie Fischer will serve as the main contact for this project.

 

2:10 p.m. James Rockwell regarding Public Hearing on Petition to Relocate-Rockwell introduces all parties present-James Rockwell, Jim Chmelik (recused due to personal conflict), Skip Brandt, Kathy Ackerman and Kirk MacGregor, in addition to several members of the public,  some who will be speaking.  JD Schwab advises that he is here to formally present his petition.  MacGregor regarding procedures under the statute-advises that one of the requirements is the appointment of three ‘visitors’ to inspect the road-visitors appointed by the Commission were Dave Poncin, Shelley Dumas and Charlotte Schilling.  MacGregor presents original letters from visitors to be marked as Exhibits 1, 2 & 3 respectively.  MacGregor advises that another condition of statute is a survey report-Greg Skinner was hired to make this report-two reports were done-marked as Exhibits 4 & 5.  MacGregor advises there was also an engineering report done by Riedesel-report dated 8-4-10 marked as Exhibit 6–report dated 11-29-11 marked as Exhibit 7.  MacGregor regarding publication and posting requirements—Affidavit of Publication marked as Exhibit 8; Affidavit of Posting marked as Exhibit 9.  MacGregor regarding service of Notice of Hearing upon Mel McLean-Sheriff’s Return of Service from Nez Perce County marked as Exhibit 10.  MacGregor presents written response from Mel McLean-marked as Exhibit 11.  Petition to Relocate filed by JD Schwab dated February 4, 2013 marked as Exhibit 12.  Petition to Relocate filed by JD Schwab dated February 26, 2013 marked as Exhibit 13.

 

Rockwell regarding public comment-invites Daniel Baldwin to come forward to comment.  D. Baldwin questions the two different petitions-he only received notice of one petition.  Baldwin presents written comments-marked as Exhibit 14.  Baldwin gives history of road-delivers written statements orally.

 

Jeff Baldwin does not have written comment-advises that he has had ongoing problems with Mr. Schwab blocking their access-questions what the status of the road situation is and how this can be addressed.  MacGregor invites JD Schwab to address this.  Schwab advises that he placed a ‘kelly hump” in the area as a means to keep the road bed dry and passable-draws a diagram on white board to reflect this-diagram duplicated on paper and marked as Exhibit 15. J. Baldwin questions Sheriff Giddings regarding their legal rights to access.

 

MacGregor asks Schwab to explain the diagram marked as Exhibit 15.

 

MacGregor asks Schwab to look at Exhibit 13-questions the survey map included.

 

MacGregor asks Schwab to look at Exhibit 12-questions the survey map.

 

Rockwell calls on Mr. Schwab for comment-Schwab advises that he has no further comment-believes that the Commission has all of the information they need to make a decision.

 

MacGregor questions whether or not there is a map that depicts the requested relocation-Schwab advises there is.  MacGregor questions what happens to the road after it leaves Mr. Schwab’s property-Schwab advises that it meets up with the road as determined by Judge Stegner.

 

MacGregor advises that the information presented will be thoroughly considered-the Commission cannot consider information received outside the public hearing.

 

3:13 p.m. Hearing recessed.

 

3:16 p.m. Meeting adjourned

 

Chairman:_______________________________     Attest:______________________