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Auto Repair Shop Found Operating in Residential Zone

By
Keri Vergari
,
Council Correspondent
By
Printed in our
October 2, 2024
issue.

On September 30th the Adams County Commissioners began their meeting at 9:05. Commissioners Joe Iveson, Viki Purdy, and Daren Ward present.

The commissioners meeting commenced with approval of the September 16th special Commissioners meeting agenda with a corrected date.

A complaint about the legality or approval of a commercial auto repair business operating within a New Meadows neighborhood was brought before the commission. The complainant, Jan Jillian, and the respondent, Rick Martinez, along with his wife Dara, and a supportive neighbor were present. Meredith Fisher, Planning and Zoning (PZ) administrator read the complaint letter into the public record.

Martinez’ business Rusty Ricks Restorations is a legal business registered with the Secretary of State and has operated the auto repair business from his garage for the past three years. He was unaware of the restriction or that a letter of complaint had been received by the County. Later in the discussion Fisher stated that she and Martinez’ discussed the problem, and that by County ordinance an auto repair business is specifically prohibited within a residential (R1) zone. Requesting a variance or conditional use permit would not get around the R1 zoning designation. There was considerable discussion and counter discussion returning to the salient point that operating such a business in an R1 area is prohibited. She then read into the record the letter to cease operating the auto shop at the residence. Commissioner Ward requested that Martinez be granted at least 30 days to come up with a plan to move forward. The commissioners agreed and the PZ letter will be rewritten to include the additional time for Mr. Martinez to find a solution.

Fisher shared that the newly passed State Agricultural Protection Area Act mandates that by first of next year the County needs to set up a framework for a voluntary system for people to enter their ag land into an ag protection zone. A protection zone, unlike a conservation area whose land designation is in perpetuity, the land entered into the Ag Protection Area could be entered into and then taken out of the ag zone to facilitate selling if necessary. The framework calls for a 3-5 member committee composed of people engaged in agriculture. As it is a State act the County needs to set up the application process. The commissioner discussion concluded that the County will review the statutes so they don’t violate the law.

Steve Shelton with Solid Waste shared the good news that the pond liner will arrive by October 7th and the work on the pond will be completed this year. However, it is more expensive than thought because the engineer changed the liner specifications. The cost for the pipe to be put under the pond will run $54,000 and a mini excavator will be needed to install the pipe. It was agreed to rent the excavator.

The report on the landfill from Southwest District Health highlighted that there was some contaminated dirt. “We do have an operations plan to address the issue”, said Commissioner Ward.

Adam Balderson with Road and Bridge reported that the engineering was completed for the Middle Fork bridge but it won’t work, because it is too short and will restrict the stream bed. That project is on hold. The County can apply for two bridge grants from the Federal-aid Surface Transportation Block Grant (STBG) Bridge Program (LHTAC). They provide funds for the replacement and rehabilitation of local bridges on the Federal-aid classified system or off-system. Mr. Balderson shared that the engineer already involved in the bridge work will put together the write up for the application.

At 10:30 the two sealed bids received for the two bridges advertised for sale were opened by Commissioner Ward. Steve Whitener bid $5,000 on the 10 ft x 50 ft railroad bridge, while Tom Grossen offered $1,500 on each bridge. Steve Whitener won the railroad bridge, and Tom Grossen won the second bridge. Successful bidders are responsible for picking up and transporting the bridges.

A full-time position for work between the Extension Office and Road and Bridge will require a broad set of skills and will be posted.

Discussion continued with Sheriff Zollman on the heating and cooling maintenance contract with the question whether it should include all County buildings in the bid. The commissioners were in agreement that all County buildings should be included in a maintenance contract. Sherry Ward will send the list of all the buildings to Sheriff Zollman to include in the request for bid.

The air conditioners are working, and an electrician will verify that all is working correctly before they are set to run in sync.

As a fundraiser, the High School Cross Country team requested a race route through the county building area. Several concerns were raised; the route should be away from potential contact with inmates by keeping the race in front, and that the little bridges need to be checked for loose boards, and inspected for safety. Road and Bridge will address the little bridge issue. Also, marking of the race route should be done with sidewalk chalk, not spray paint.

Communications will be improving for the Sheriff’s Department, as their cell phones are moving from the County Verizon plan to FirstNet, a communication system with a frequency set aside only for emergency responders. Porting of phone numbers should be completed in October.

The jail is currently housing 17 State and 3 County inmates.

The New Meadows Ranger District currently has active logging going on in Thorn Creek and NE Lost Valley reservoir area. The Lost Valley road resurfacing is finishing up. A planned prescribed fire has been postponed until next year due to the excessive amount of smoke generated by the nearly 100 fires that have burned in this area the past summer. However, one prescribed burn will proceed to facilitate clearing bushy understory in preparation for logging. Once logging is completed the area will be burned again, to clear brush piles.

On the Council Ranger District, the Limepoint Fire area closures were lifted last week. That fire is 100% contained and in control status. The area is open to the public. Approvals are in the works to begin Burned Area Emergency Response (BAER) rehabilitation work.

The Lava Fire which began on the Boise National Forest is 68% contained and the Rocky Mountain Type II Team will transition to a proposed Type 3 Team next week. Crews are still working on securing the southeast corner and the north line going down into Anderson Creek. Ongoing mopping up and mitigation for snags and other hazards is continuing.

There are 2 bridges that are a total loss on this side of the mountain. A temporary bridge may be in place by next month or so on Four Bit Creek. A culvert was washed out during the heavy rain event (2-3”) and it took the brunt, jeopardizing the pipe. It is a safety issue to even cross it.

The Forest staff is meeting with the logging industry discussing, along with other timber sale items, what salvage opportunities there might be, but there is a poor market. One concern is if there are no limbs or needles, the salvage has no value.

Seasonal gate closures begin October 1 on the West Zone. Crews are working to open the Middle Fork road to Fall Creek.

Kudos to all of the Fire Teams that worked here this summer. They were Incredible and dedicated. Though there were some structures burned, there was no loss of life.

Approved Items:

Resolution 2024-22 Public Defense Fund Budget Increase $3,800

Resolution 2024-20 Title VI for ITD FHWA Certification

E911, Dispatch received an IPSCC grant award of $16,463.14 to upgrade both sides of dispatch

Right-of-way Wildhorse River Bridge $2,200, is reimbursable

LHTAC Local agreement for Bridge Program Jackson Creek, Airport, and Cemetery Lane by Hornet Creek

Courthouse lawn-bridge repair

Agreement between ACHC and County Jail for inmate health

Agreement between Adams County Sheriff’s Department and City of Council

The public hearing ended at 12:00 noon, Executive Session 1:30 - 3:30

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