November 7, 2017

STATE OF IDAHO
C
ounty of Idaho

 NOVEMBER SESSION                                     November 7, 2017                 FIRST TERM DAY

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

The meeting opened with the Pledge of Allegiance.

Commissioner Duman offered an opening prayer.

8:33 a.m. Commissioner Frei present. Brandt regarding Meadow Lake Project bid award-reviews bids-11.9 acres; Futuristic Forestry-$945 per acre, D3- $840 per acre; 5 Star-$875 per acre; Roger Fehringer-$600 per acre.  Fehringer has provided proof of insurance. Discussion regarding perception of property owners bidding.  Brandt moves to award project to Fehringer.  Duman seconds.  Motion carries with all in favor.

9:15 a.m. James Zehner regarding occupancy and sub-roll-presents hand-out summary comparison of the past three years.  Zehner advises that the number of parcels added is down by 15 this year, but the amount of tax to be collected is nearly the same.  Zehner advises regarding upcoming BOE dates for occupancy, sub-roll and missing parcels-BOE dates are at the end of November and in January.

9:30 a.m. Gene Weigel regarding problem he is having with his neighbors’ cattle getting onto his property and causing problems/damaging things.  He has fenced his property, but the cattle continue to break down the fence and get in-has had damage to his vehicles and propane tanks, in addition to tearing out the fencing and gate.  Weigel advises that he has received information from the Dept. of Labor and has verified with Kirk MacGregor that it is criminal trespassing for the animals to come onto his property.  Weigel advises that the way he understands the law is that he can corral and hold the animals until the payment for damages is received.  Frei questions how many cows are coming through the fence-Weigel advises that the most has been 22 and the last time it was 8 or 9.  Frei questions the type of fencing and posts-Weigel advises he has barbed wire and both metal and wood posts-advises his fence is 4 wires.  Brandt regarding open range statutes-advises Weigel to return to Kirk MacGregor for direction.  Weigel advises that he is at the end of his rope-he intends to shoot the next animal that comes through the fence.  Weigel advises that he also intends to begin a letter writing campaign to try to address these issues.

10:00 a.m. Ellen Anderson in person and Sohail via telephone, regarding tax deed property in Stites-Sohail advises that Ms. Anderson took over the property because it was abandoned by her brother. Sohail advises that there was also a large delinquent water bill that she tried to arrange payments for with the Stites mayor-advises that she is making $245 per month toward the water bill, which leaves her with less than $100 of her disability income.  Sohail advises that no notice regarding the delinquent taxes were received-asks that Anderson be allowed to make payments.  Brandt advises regarding statutes and the due diligence in attempting to contact the legal representative/owner.  Abbie Hudson advises that certified letters were signed for by Marty Sanford. Brandt advises that the next step is to sell the property at auction.  Discussion regarding filing of a probate vs. attempting to buy the property at the Tax Deed Sale.  Sohail questions whether or not the sale could be postponed-discussion.  MacGregor advises that the sale date could be extended up to 14 months from the date of the Tax Deed-Brandt advises the Commission needs to be notified regarding the willingness and intent of the family to pursue going through probate.  Ms. Anderson advises that she will get something together by next week to present to the Commission in order to cancel the sale scheduled for November 21.  Anderson questions the status of the medical liens-discussion.

10:20 a.m. Brandt regarding resolutions for cash forward basis and balancing of Consolidated Elections budget.  Duman moves to approve Idaho County Resolution 2017-09 regarding Cash Forward Basis.  Brandt seconds.  Motion carries with all in favor.  Duman moves to approve Idaho County Resolution 2017-10 regarding balancing of Consolidated Elections budget.  Frei seconds.  Motion carries with all in favor.

10:25 a.m. MacGregor regarding corrected resolution regarding vacating Baldwin Springs Road-advises the map he had did not reflect current property owners-advises that he feels that it would be prudent to do a corrected resolution.  Frei questions whether or not there should be further clarification regarding the mediation that took place-discussion-MacGregor advises that the mediation was signed and is filed.  Duman moves to approve Idaho County Resolution 2017-11. Brandt seconds.  Motion carries with all in favor.

10:30 a.m. Janie Fluharty regarding updated lease with Kidder Harris-has been signed by them already.  Fluharty is awaiting the lease with Idaho Forest Group-has been back several times to pick it up and has been advised that the lease needs to be approved by the new management.  Fluharty presents update on data for this year-Brandt questions the source of donations-Fluharty advises that this comes from various sources, the compactor fees and Simmons.  Brandt moves to approve the lease agreement with Kidder-Harris.  Frei seconds.  Motion carries with all in favor.  Frei updates Fluharty regarding the pursuit of a location for a transfer station.

10:45 a.m. Brandt moves to go into Executive Session pursuant to Idaho Code 74-206(1)(b) for personnel.  Duman seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes.

11:16 a.m. End Executive Session

11:16 a.m. Brandt moves to go into Executive Session pursuant to Idaho Code 74-206(1)(f) for legal.  Frei seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes.

11:38 a.m. End Executive Session

11:45 a.m. Brandt moves to go into Indigent proceedings pursuant to 31-874.  Frei seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes.

0-Approval; 3-Denial; 1-Suspended; 0-Lien; 0-N-1; 0-Release Lien; 0-Release N-1

12:25 p.m. End Indigent

12:25 p.m. Brandt moves to go into Executive Session pursuant to Idaho Code 74-206(1)(f) for legal.  Frei seconds.  Roll call-District 1-yes; District 2-yes; District 3-yes.

12:33 p.m. End Executive Session

Duman moves to approve the minutes of the October 31 meeting as amended.  Brandt seconds.  Motion carries with all in favor.

Brandt moves to approve the Orders for Cancellation as presented by Abbie Hudson.  Duman seconds.  Motion carries with all in favor.

Brandt moves to approve the Additional Meeting requests for Duman and Brandt.  Frei seconds.  Motion carries with all in favor.

Brandt moves to approve the Alcoholic Beverage license for The Melting Pot Café.  Frei seconds.  Motion carries with all in favor.

Brandt moves to approve purchases for dispatch as per Jerry Zumalt.  Duman seconds. Motion carries with all in favor.

Brandt moves to approve the Certificate of Residency for Trae Dominguez.  Frei seconds.  Motion carries with all in favor.

Brandt moves to approve the increase to the tipping fee for the Clearwater Valley contract .  Frei seconds.  Motion carries with all in favor.

Brandt moves to approve the winter hours for Simmons transfer station.  Duman seconds.

Additional meetings-Duman-CEDA-November 16, CMC-November 30; Brandt-CBC Working Group-November 29.

12:42 p.m. Meeting adjourned.

Chairman______________________________     Attest:____________________________