February 23 & 24, 2015, Emmett, Idaho

Transcription

1 February 23 & 24, 2015, Emmett, Idaho Pursuant to a recess taken on February 17, 2015, the Board of Commissioners of Gem County, Idaho, met in regular session this 23rd day of February, 2015, at 8:00 a.m. Present: Mark Rekow Bill Butticci Bryan Elliott Leandra Rountree Chairman Commissioner Commissioner Deputy Clerk Whereupon the following proceedings were had, to-wit: February 23, 2015 The Pledge of Allegiance was said. DAWSON GEOLOGICAL SEISMIC TESTING DISCUSSION & APPROVAL: Road Department Supervisor Neal Capps met with the Commissioners to discuss an application from Dawson Geological to allow seismic testing on county roads. Originally a right of way permit was issued to travel from one property owner to another. Neal stated that he went out Sunday the 15 th and stopped all operations due to damages to the asphalt and testing being done on the county road which was outside the scope of the permit. Since then Dawson Geological has provided Neal with 5 references all of which stated that they did not have any damages to their roads. Neal stated that he is waiting for an opinion from Kellar Associates but is looking for direction from the Commissioners on how to proceed. The Commissioners discussed current flag placements, different road materials used in Gem County, and taking pictures of the roads prior to testing. Neal stated that without videoing the roads it is hard to tell when damage occurred. John Peiserich with Alta Mesa explained the process used to perform seismic testing on the roadways and stated that they have established a lower value than the industry standard that has proven to cause less damage. He stated that they will take care of any damages that may occur, but the power that is transmitted is so minor they do not feel that they cause any damage. David Raiche with Dawson Geological described the

2 vehicle that is used to perform the testing. They work with two pilot cars and flagmen as well. The vehicle weighs 60,000 pounds. Commissioner Butticci questioned why they need to do testing on the roadways when they could do testing on private properties. Dave stated that there may be obstructions on some of the property such as crops or livestock. The property owners are willing to let them do the tests but due to some obstructions they are unable to access those areas so they need to do it on the road. He stated that there is a grid method used to determine the points that will be used. By using this method it allows them to use a smaller amount of energy source. Commissioner Elliott stated that by using the county roads the property owners are the ones getting the benefit from the testing but the County is paying for it. John stated that the County will also receive a portion of the payment if they end up drilling. The formula used is governed by State statute. Dave stated that they are videoing the roads prior to performing the test but are not currently doing an after video. They can do an after video if necessary. John stated that they will provide a map back to the County when they are done. They would have the GIS information within a month to two once the work is completed. If approved Neal Capps stated that he would like to have conditions including a map of all the roads that are going to be tested and a $10,000 bond with Gem County for all road repairs. If damages exceed $10,000 Dawson will be responsible for all repairs. All work repairs done must be done by a licensed Idaho contractor. Commissioner Elliott suggested adding a condition to require them to do testing to driveways rather than the roadways when available. Other topics discussed included setback distances from wells, Haw Creek Subdivision, property owner consent, damages around the Letha Sewer District ponds, and economic value to the County. Mike Davidson asked if surveyors were able to come on his property without approval. John stated that consent was required. Joe Morton spoke in regards to economic value. Joe asked the Commissioners to allow for more time to hear about other concerns regarding seismic testing. Commissioner Rekow asked Joe to his concerns. Commissioner Rekow stated that they will work with the Prosecuting Attorney before making a decision and try to

3 make a decision as soon as possible. They will be using the current permit that is in place until they have a different direction. LETHA ROAD VACATION DISCUSSION: John Brooks with the Letha Sewer District, Development Services Director Brad Clark, Mapper John Henderson, and Road Supervisor Neal Capps met with the Commissioners in regards to vacating road right of ways in Letha. The right of way for Payette Avenue in Letha was discussed. John Brooks stated that he would like all of the streets in Letha to have the same right of way. Brad stated that the right of way in the City of Emmett is 50 feet and in Letha it is mostly 60 feet. The asphalt area on Payette Avenue is 24 feet. The county owns 59 feet which dates back from the original plat. Brad stated that there are two options on how to proceed. The first option would be to vacate a portion of the right of way. If they do a vacation a survey would need to be done. It would be roughly 19 feet. The second option would be to hold the land and have the sewer district apply for a variance in order to comply with the County ordinance that requires businesses to provide parking on their property. Commissioner Butticci asked what the most viable option for the County is. Neal stated that he thinks it would be better to have them apply for a variance. Brad stated that the variance would typically attach to the land but it depends on how the conditions are written. Mapper John Henderson stated that he would be happy with the variance rather than a vacation since we never know what the future holds for the County. John Henderson also stated that if they do the vacation he would suggest looking at all of the roads in Letha. Commissioner Butticci stated that after hearing from staff he would support a variance with conditions stated that the variance follows the Letha Sewer District rather than the land. John Brooks stated that it would be difficult to sell the property in the future if the property is not vacated. Brad stated that they would need to do some research regarding the roads in Letha to see if it would be beneficial to vacate a portion of all of the roads rather than just Payette Avenue. Brad will work on getting the information together and get the issue on the agenda in the

4 future. CODE ENFORCEMENT UPDATE: Code Enforcement Officer Larry Robertson and Development Services Director Brad Clark met with the Commissioners regarding code enforcement. Larry stated that previously he had been directed to only respond to complaints, but he would like to take a proactive approach and start addressing issues that he sees concerns with. Brad described some issues that Larry typically addresses including weeds, special use permit compliance and junk cars. Commissioner Butticci stated that he would be concerned with making citizens feel like they are being singled out unless it is a life safety issue. Commissioner Butticci suggested that Larry get some kind of jacket or shirt that would identify him when entering an individual s property. Larry also presented proposed changes to the weed ordinance. Commissioner Elliott stated that he could see some concerns with enforcement on the proposed ordinance. DISTRICT III JUVENILE CORRECTIONS LIASON JOE LANGAN ANNUAL UPDATE: Juvenile Detention Director Janelle Schneider and District 3 Liaison Joe Langan met with the Commissioners to provide an annual update regarding Gem County juveniles. INDIGENT HEARING : At 10:32 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Butticci and carried unanimously to go into executive session under Idaho Code (1)(d) for indigent matters with a roll call vote as follows: Commissioner Rekow, aye, Commissioner Butticci, aye and Commissioner Elliott, aye. Deputy Clerk Sarah Wald was sworn in. There was no hospital representative or applicant present. The case file was entered into the record as exhibit A. Regular session reconvened at 10:42 a.m. A motion was made by Commissioner Rekow to uphold the previous decision of denial as the individual was uncooperative. It was seconded by Commissioner Butticci and carried unanimously. PROSECUTING ATTORNEY MATTERS: Prosecuting Attorney Dick Linville met with the Commissioners to discuss legal matters. At 11:00 a.m. a motion was made by Commissioner Rekow, seconded by Commissioner Butticci and carried unanimously to go into executive session under Idaho Code (1)(b)

5 for personnel matters and (f) litigation with a roll call vote as follows: Commissioner Rekow, aye, Commissioner Butticci, aye and Commissioner Elliott, aye. Regular session reconvened at 11:46 a.m. INDIGENT APPLICATIONS: Deputy Clerk Sarah Wald presented the following Indigent documents: Notice of Hearing Notice of Hearing Notice of Hearing Notice of Hearing Notice of Lien Release of Lien Release of Lien Pay off letter Pay off letter Commissioner Elliott made a motion to sign notice of hearing on , , , , and sign N1 and statutory liens as applicable on and sign release of liens on and , and sign pay off letter on and It was seconded by Commissioner Butticci and carried unanimously. The Commissioners recessed at 12:00 p.m. for lunch to reconvene at 1:15 p.m. CONSENT AGENDA: Items on the consent agenda included A. Geographic Information System Data Product Agreement between Gem County and Celestina Nelson and AM Idaho, LLC, B. Harris Subdivision Decision and Order, C. John Deere Financial Lease Schedule and Master Lease Agreement for K 4WD Loader, and D. Certificate of Residency for Kirstin Gilmore for Junior College Tuition. A motion was made by Commissioner Butticci to approve items A., B., and D. on the consent agenda removing item C. to allow time to get a corrected lease copy. It was seconded by Commissioner Elliott and carried unanimously. MINUTES: The minutes from February 17, 2015 were reviewed. Commissioner Butticci made a motion to accept the minutes from February 17, 2015 as corrected. It was seconded by Commissioner Elliott and carried unanimously. CLAIMS REVIEW AND APPROVAL: The claims presented were

6 reviewed. A motion was made by Commissioner Rekow to approve the claims as initialed on the individual claim forms. It was seconded by Commissioner Elliott and carried unanimously. Commissioner Rekow made a motion to approve the Indigent claims as presented. It was seconded by Commissioner Butticci and carried unanimously. RANCH ROAD TAX DEED PROPERTY DISCUSSION: John Evans, Danyon Fontenot, and Dan Bain met with the Commissioners to discuss the property located on Ranch Road. John Evans provided a broker s agreement to cancel the listing. Commissioner Butticci made a motion to cancel the listing with Evans Realty on the Ranch Road property located at Section 26 6N 2W as of today. It was seconded by Commissioner Elliott and carried unanimously. John Evans left the meeting. Danyon Fontenot purchased the property right in front of the Ranch Road property and would like to purchase this property as well. Dan Bain with Kellar Williams Realty provided a real estate purchase and sale agreement and stated that the buyer will pay for all closing costs. This discussion was rescheduled for Monday March 2, 2015 at 3:30 to allow the Prosecuting Attorney time to review the agreement. ADMINISTRATIVE TIME: The Commissioners worked on administrative issues. The Board recessed at 5:00 p.m. to 8:00 a.m. on February 23, February 24, 2015 PLANNING COMMISSION DISCUSSION OF POTENTIAL CHANGE TO THE FUTURE LAND USE DESIGNATION IN 3 AREAS: BENCH, SOUTH SLOPE AND MILL ROAD: Members from the Planning Commission along with Planning Director Brad Clark met with the Commissioners to discuss future land use designations. The goal of the joint planning commission is general oversight of the County s long range plan. They are currently working on the land use chapter. The main objective before they get too far down the line is to see what the Commissioners thoughts are in regards to these areas and if they have any direction to give to the Planning Commission. Topics discussed included the South Slope and Emmett bench area, agricultural land regarding potential splitting

7 abilities, survey responses, and a school overlay. Commissioner Rekow stated that they want to make sure due diligence goes into planning. Brad stated that it is always difficult to go backwards so it is important to address as much as possible prior. PUBLIC WALK-IN: Janet Monti met with the Commissioners. Topics discussed included Dawson Geological seismic testing, the County s 100 th birthday, the Shadow Butte Industrial Park, and the code enforcement update on the agenda yesterday. Janet also discussed the various boards that the Commissioners serve on. Marty Fry met with the Commissioners to discuss the Dawson Geological seismic testing. Marty feels that these companies should be hiring local people. David Raiche with Dawson Geological stated that their company uses an online application process for hiring. Marty also discussed large mailboxes and stated that he feels they are hazardous. Nelson Gragg met with the Commissioners to discuss Fair Board appointments. Commissioner Rekow stated that the Commissioners discussed that issue yesterday and they should act on the appointments in a couple weeks. Morris Huffman met with the Commissioners to remind them of the Woody Biomass meeting at 9:30 a.m. on Thursday. David Raiche with Dawson Geological met with the Commissioners to discuss the Dawson Permit. Commissioner Rekow informed him that the permit discussion was put on the agenda for next Monday March 2 nd at 9:00 a.m. David also offered to have the Commissioners see how the machines work. Gordon Wimer met with the Commissioners to discuss the South Slope Road land use. He questioned widening of the road. Commissioner Rekow stated that is not something that is in the near future. Road widening is unplanned; future action would tied to growth. Jim England met with the Commissioners to discuss fair board and horse racing. They are scheduled to run the races and are asking the Commissioners to front $10,000 to fund the races to be paid back once the races are over. The races are scheduled for April 25th and would need the funds the week before the race. ADMINISTRATIVE TIME: The Commissioners worked on administrative issues. The Commissioners recessed at 12:00 p.m. for lunch to

8 reconvene at 1:15 p.m. SHADOW BUTTE INDUSTRIAL PARK LOT DISCUSSION WITH TITUS GILLIUM: This discussion was cancelled. ADMINISTRATIVE TIME: The Commissioners worked on administrative issues. The Board recessed at 5:00 p.m. to 8:00 a.m. on March 2, Attest: Clerk Approved: Chairman