***Commissioners did not meet during the week of December 28, 2009, due to lack of a quorum.

***Monday, January 4, 2010, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., KPND News Radio Reporter Mike Brown and Donna Capurso joined the meeting.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall presented a written report. Mr. Gutshall said he didn’t get calcium chloride this year, but he did have the salt brine for the roads. Mr. Gutshall said he applied the salt brine to the hills as the weather cleared up and that has worked well. Mr. Gutshall said he has received phone calls about concerns on the areas that are flat, but not the condition of the hills. Meadow Creek Road and the Westside Road are roads that have had more problems with snow due to the shaded areas. Mr. Gutshall said Road and Bridge crew are looking into the conditions of the side roads.

Mr. Gutshall said he is still working on the State Transportation Project Rural (STPR) for the Riverside Road project. Mr. Gutshall said he needs a resolution stating the county understands there is a match involved and the county is committed to the project. Commissioners said they would schedule the adoption of this resolution for one week from today.

Mr. Gutshall and Commissioners discussed the Moyie Highway Project. Mr. Gutshall said the Idaho Transportation Department (ITD) will open the bids for this project and if the bid costs are within 10% of the projected estimate, the bid will be awarded. But if the bid costs are over 10%, ITD will contact the county and City of Moyie Springs to inform them how much extra funding is needed. Commissioner Dinning asked for the status of the Deep Creek Bridge projects. Mr. Gutshall said Local Highway Technical Assistance Council (LHTAC) Coordinator, Mike Moffett was out of the office for the holidays, but everyone is working feverishly on the environmental documents. Mr. Gutshall said as of now, the projects are scheduled for 2011 and 2012. Mr. Gutshall said the environmental documents should be done within the week, then the final design can be turned in, but he doesn’t know if that means construction will be moved forward.

Mr. Gutshall left the meeting.

9:30 a.m., Commissioners held a public hearing on Planning and Zoning Application #09-083, the Meadows at Fall Creek. Present were: Chairman Smith, Commissioner Dinning, Commissioner Kirby, Planning and Zoning Administrator Mike Weland, Donna Capurso, KPND Radio News Reporter Mike Brown, and Deputy Clerk Michelle Rohrwasser. Applicant: Gary Williams was not present. The hearing was recorded. Chairman Smith reviewed the public hearing procedures. No member cited a conflict of interest.

The applicant requests that the re-plat of Lots #2 and #4, Block 1 of Meadows at Fall Creek, Amended Plat recorded in Book 3 of Plats, page 7 as Instrument #232828, records of Boundary County, Idaho, be vacated in favor of the original Plat recorded September 23, 2006 as Instrument #228576. A letter from the applicant’s attorney, Brent Featherston, states the lenders whose loans are secured by the reconfigured lots, were not aware of the re-plat amendment approved. Mr. Featherston wrote that Mr. Williams believed the re-plat was processed and completed before the loans and deeds were recorded and the lenders are requesting that the re-plat be vacated.  

Chairman Smith asked Mr. Weland for a staff report. Mr. Weland said the amended plat was approved in January 2007. The original lot line was moved to create a more desirable lot, but the request is to revert to the original plat. Commissioner Dinning said the west side of Lot #4A was adjusted. Mr. Weland said that is correct. Mr. Weland said the lots have not been sold. Mr. Weland informed Commissioners the plat map Commissioners were reviewing is a part of the record. No one from the public had any questions.

Chairman Smith opened the hearing to public testimony. No one from the public spoke in favor of the application. Chairman Smith asked for comments from those uncommitted to the application. Ms. Capurso asked if there was a reason this application was not brought before the Planning and Zoning Commission. Mr. Weland responded that there is nothing that addresses plat vacation, so in referring to Idaho Code, it states Commissioners are to approve or deny a plat vacation. Chairman Smith asked for public comment from those opposed to the application and no one spoke.

Chairman Smith closed the hearing to further public testimony. Mr. Weland said he would contact the applicant’s attorney and the county’s attorney to draft a document to vacate the amended plat, which is between Lots #2 and #4, and have it recorded properly.

Commissioner Dinning moved to approve the request of Gary Williams, Karen Williams, and Mountain View Idaho, LLC, regarding the re-plat of Lots #2 and #4, of the Meadows at Fall Creek, based on upon testimony received. Commissioner Kirby second. Motion passed unanimously.

The public hearing ended at 9:44 a.m.

Commissioner Dinning moved to cancel fees totaling $133.84 on parcel #RP62N02E253010A due to error. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to cancel taxes totaling $1,199.22 and penalties totaling $23.98 on parcel #RP62N02E234810A due to error. Commissioner Kirby second. Motion passed unanimously.

Chairman Smith spoke of the Professional Services Contract with Panhandle Area Council (PAC) for their work in administering the Energy Efficiency and Conservation Block Grant. PAC is the grant writer for the county and they are also working with the county on the Energy Efficiency and Conservation Block Grant the county, hospital, City of Moyie and City of Bonners Ferry are applying for. Chairman Smith signed the Professional Services Agreement.  

Chairman Smith said Commissioners reviewed a letter from the Region 1 Mental Health Board regarding reappointments. Three Commissioners from various District 1 counties are to be on the board. Commissioner Kirby is on the Region 1 Mental Health Board, but these board meetings are during Commissioners’ meetings on the first Tuesday of every month. Commissioner Kirby said he would attend these meetings.

Chairman Smith said Commissioners received the amended Professional Services Contract #10 with Inland Forest Management (IFM) for Fire Mitigation Project Management. The amount of the contract for 2010 is $16,500.00 less than in 2009, but compensation is contingent on funding becoming available and could be renegotiated if the scope of wok increases or decreases with future grants. IFM will not incur costs or invoice for services under this contract amendment until details of funding have been finalized.  

Commissioner Dinning moved to authorize the Chairman to sign the Fire Mitigation Project Management, Professional Services Contract #10 with Inland Forest Management for year 2010. Commissioner Kirby second. Motion passed unanimously. 

Commissioners briefly spoke of the second phase of the Energy Efficiency and Conservation Block Grant and questioned what the next step is.

Chairman Smith read aloud the letter from Cindy Malm of the Idaho Sheriff’s Association that Boundary County’s Sheriff’s Office is in compliance with the number of staff for the jail. Mr. Brown inquired about the information and Commissioners explained that originally, the standards stated there had to be two jail staff members, but if a video camera system was installed it could be considered a replacement for the second detention deputy. Chairman Smith explained that dispatchers aren’t able to leave their station, but another deputy could be called in if need be. 

Ms. Capurso and Mr. Brown left the meeting.

10:05 a.m., Deputy Clerk Nancy Ryals and Clerk Glenda Poston joined the meeting.

Commissioner Dinning moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 10:18 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously. 

Mike Brown returned to the meeting at 10:20 a.m.
Commissioner Dinning moved to review indigent accounts #2009-34 and #2009-37 for reimbursement in six months. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to approve indigent applications #2010-18 and #2010-16. Commissioner Kirby second. Motion passed unanimously.    

Commissioner Dinning moved to deny indigent application #2010-13 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals and Clerk Poston left the meeting at 10:21 a.m.

Commissioner Dinning moved to reappoint Don Carter to the Restorium Board with a term to expire January 31, 2013. Commissioner Kirby second. Motion passed unanimously. 

Commissioner Dinning moved to approve the minutes of December 21 & 22, 2009. Commissioner Kirby second. Motion passed unanimously.

Mr. Brown left the meeting at 10:25 a.m.

Commissioners briefly talked about the request of Jerry DePue regarding a street light at the four corners intersection in Highland Flats. Commissioner Kirby said Mr. DePue spoke to him about having a street light installed at the four corners as that location is where school kids wait for the bus and this will light the area. Commissioner Kirby said Northern Lights Inc., has been contacted about this. 

Commissioners tended to administrative duties.

11:00 a.m., Randy Peterson and Ty Iverson joined the meeting.

Mr. Peterson would like to propose that the road going to the mouth of Deep Creek have turn outs build off it in certain areas. Mr. Peterson explained that traffic is twice as heavy as it has been in the past and it is very hard to run the combines through there when another car is coming.

Road and Bridge Superintendent Jeff Gutshall joined the meeting at 11:05 a.m.

Mr. Peterson suggested developing a turn-out and when the large equipment comes through, they could have a flagger notify the other motorists so they have time to move off the road. Commissioners asked Mr. Gutshall where a good spot for a turn-out would be. Mr. Peterson mentioned an area near Dave Walters’ home or the Davidson’s home. Mr. Gutshall thought there may be more opportunities to build a turn-out along the river side. Mr. Gutshall said being able to do this will depend on the drainage districts. Mr. Gutshall said Army Corp of Engineers made the case that the dike is three or four feet higher than it needs to be so the entire road could be widened if that would be okay with the drainage districts. Commissioner Dinning said it may be an issue of having enough space. Mr. Gutshall said Riverside Street is a major collector route and there is a lot of traffic on that road. Mr. Gutshall said the county could possibly get federal funding as was done for Roosevelt Road and the county only has to contribute 7%. Mr. Gutshall mentioned the proposal of widening the road to include bike path to Mr. Peterson and Mr. Iverson. Mr. Peterson said his combine is 14.5 feet wide and the road is 23.5 feet wide. Commissioner Dinning said for the long term, it would be good to look to the Federal Highways Division for funding, but maybe check with the property owners, the Davidson’s, about turn-outs for a short term solution. Commissioner Dinning suggested a turn-out on each side of the road. It was said if it was shown widening the road really helps, it would look good for future grant funding. From city limits to the Deep Creek Bridge is three miles, according to Mr. Gutshall. From D&D it is all of 2.5 miles so this is talking about a turn-out in over a mile to the next turn-out if there are only two. To build a turn-out or widening the road is dealing with a right-of-way situation on either side of the road. Those present discussed the construction process and Mr. Gutshall said anything being done would require cooperation. Mr. Peterson said in 1988, a combine tipped over as the road was too narrow. Mr. Iverson and Mr. Peterson said they would talk to the property owners in that area about this. The property owners would need to grant easements. Mr. Gutshall said the drainage district owns the dike, but where county has maintained it for so many years, the county now has the rights for prescriptive use for transportation, but not ownership.

Mr. Gutshall left the meeting at 11:19 a.m.

Clerk Poston joined the meeting at 11:19 a.m.

Mr. Iverson talked about the two bridges at Trout Creek and asked if the county had plans to widen these bridges. Mr. Iverson said these bridges are between Ball Creek and the hops farm.

Mr. Iverson and Mr. Peterson left the meeting at 11:30 a.m.

11:30 a.m., Commissioner Dinning moved to go into Executive Session under Idaho Code 67-2345-C, to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 12:00 p.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 

There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, January 5, 2010, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Commissioners, Planning and Zoning Administrator Mike Weland, Solid Waste Superintendent Claine Skeen, Courthouse Maintenance Supervisor Jerry Kothe, Extension Educator Carol Hampton, Noxious Weeds Supervisor Duke Guthrie, Restorium Administrator Karlene Magee, Clerk Glenda Poston, Chief Probation Officer Jackie Bacon, Deputy Assessor Ken Carpenter, Treasurer Jenny Fessler, and Prosecutor Jack Douglas. 

Donna Capurso joined the meeting at 9:00 a.m.   

Chairman Smith questioned when various departments submit applications for a position and that position is filled, are the applications being held in that office or are they being turned into the Personnel Director. Some places keep a hiring list to refer to when a position opens up, but that is not done here and a question was raised about what to do with the applications after the position has been filled. Clerk Poston said the suggestion from Idaho Counties Risk Management Program (ICRMP) was to have a central location for the applications and at the end of six months the applications are shredded as they can contain private information. It was suggested to turn in the applications and resumes to Chief Deputy Clerk Tracie Isaac to hold for six months after a position has been filled. Chairman Smith questioned if the county needs to re-advertise if the position becomes available again or can the county refer to the job applications already on hand. Chairman Smith said the county needs to contact ICRMP or the Idaho Association of Counties (IAC) to see what is legal. Mr. Weland said he recalled it not being a matter of legality. When there is a job opening, the notice goes to the Job Service Office, but if a department wanted to keep a list, Attorney John Topp said there was nothing illegal by doing that.

Road and Bridge Superintendent Jeff Gutshall joined the meeting at 9:10 a.m.

Mr. Weland said by retaining the applications, it saves an elected official or department head time. Commissioner Dinning said he doesn’t believe the county’s policy allows that now. Clerk Poston said she would rather refer to the applications if they were still available. Clerk Poston said she would call ICRMP to find out more.

Chairman Smith discussed on street parking. Chairman Smith said he doesn’t know if Commissioners can tell employees not to park on the street, but if they couldn’t get cooperation, Commissioners could request the city put up signs for one-hour parking. Chairman Smith said the county wants to have Courthouse employees voluntarily park on the south side of Kootenai Street, the section of street from the Sheriff’s Office to the end of the Courthouse parking lot, in order to allow the community a place to park up front if they need to. Chairman Smith gave an example of people coming to pay their taxes that are in poor health and have a hard time walking. Chairman Smith said the purpose of discussion is just to talk about the area directly in front of the Sheriff’s Office and Courthouse and Courthouse lawn so the public can use the space. Commissioners said they would appreciate the cooperation. Chairman Smith explained that he will come to the office during the week and he will park out front because he is only going to be here for few minutes, but he will also stop doing that. Ms. Hampton asked that employees don’t use the three parking spots just in front of the door of the Extension Office as the staff keep those spots available for the community as well. Chairman Smith asked Mr. Carpenter if the parking situation near the Assessor’s Building has improved. Mr. Carpenter said it has improved, but it’s not perfect.

Chairman Smith said sometime back he mentioned a four day work week at the department head/elected officials meeting. Chairman Smith said there are a few other counties and states doing this and he has spoken to Commissioners in other counties. Chairman Smith said when he first mentioned this, he spoke to the district judges and found that Idaho Code dictates that court has to be available when the Courthouse is open. Chairman Smith said he wants everyone to know not to blame Commissioner Kirby or Commissioner Dinning, but he is looking at receiving comments from employees if this is something they would be in favor of. Chairman Smith said Commissioners could look into this to see if this will work and could try the four day schedule for a period of four months beginning in February. Chairman Smith said he isn’t sure how vacation time is accumulated on a schedule like that. For holidays, if someone is off on Friday, and it is a holiday that employee would get that holiday day off at another time. Mr. Skeen said for that holiday, the employee working a 10 hour day will only get paid for eight hours, but they can work a couple hours to make up for that. Commissioner Dinning asked how that works for the Courthouse. Chairman Smith said on Monday, in the Clerk’s Office, two court clerks could work on Monday and one of the secretaries in the Prosecutor’s Office will be in. On Friday, the other Prosecutor’s Office secretary would work and the other two court clerks would work. If there is a court trial on Friday, a Sheriff’s Deputy could be utilized for security. Chairman Smith said the savings would be not to have to drive to work that fifth day, and not all Courthouse utilities would be utilized. The proposed hours would be from 7:00 a.m., to 5:30 p.m., with a one-half hour lunch. The employees would take that first hour to get ready and the Courthouse would open at 8:00 a.m. This gives people an extra one and one-half hours to do business. 

Commissioner Dinning asked about allowing staggered shifts as the Road and Bridge Department does. Clerk Poston said if a court clerk is upstairs and another is downstairs, she would be concerned about the lack of security. Clerk Poston reminded Commissioners that the elected officials will be gone attending the annual IAC conference the first week in February, which is when Chairman Smith proposed beginning the new schedule. Commissioner Dinning asked Mr. Kothe if the entire Courthouse has to be heated in order to heat the Prosecutors’ Office. Mr. Kothe said it may help that the doors to the Courthouse wouldn’t be opening and closing as often. Chairman Smith asked those present to turn in their comments to Commissioners. Commissioner Kirby said trying this on a trial basis will help determine if there is a cost savings and if the public or employees like this. Ms. Hampton said she approved of this schedule and has learned there is savings by going to this schedule.

Mr. Carpenter suggested an opinion poll be placed in the Bonners Ferry Herald.

Mr. Skeen said he has an extra cell phone that is not needed by the Solid Waste Department if another department has a use for it. It was determined there was no need for this phone.

The elected officials/department heads meeting ended at 9:35 a.m.

Mr. Skeen, Ms. Bacon, Ms. Capurso, and Clerk Poston remained after the meeting.

Mr. Skeen informed Commissioners that a scale system will cost close to $100,000.00 and to have two scales is double. Mr. Skeen said traffic will bunch up if vehicles are stopped to be weighted. Mr. Skeen said he spoke to Vic Rae who has a scale and he may be willing to sell the scale at a reduced cost. Mr. Skeen also mentioned the scale at Welco, but Welco’s equipment won’t be for sale until June. Commissioner Dinning said there is usually one scale at a site and the vehicles take turns going in and out. Mr. Skeen said if he could get two scales for the price of one, he would like to do that. Mr. Skeen said if he were to do a waste stream study, it would cost him roughly $5, 000.00 per year to weigh the trucks. Mr. Skeen said he already has a weight for the county trucks and Frederickson’s trucks. Mr. Skeen said the scales he is talking about can weigh a semi-truck. Commissioner Dinning asked what the State will do for the county at the Three Mile location. The State has an issue with the scale being used a lot, according to Mr. Skeen.

Mr. Skeen spoke of removing the unmonitored dumpster boxes in the county and the Solid Waste Department is in the process of doing that this week. One business up north is already using the new junction site and there are brochures at the landfill for people to be informed, according to Mr. Skeen.

Mr. Skeen and Commissioners discussed a prior meeting with members of Panhandle Health District where scales were discussed. Chairman Smith said he feels Panhandle Health District doesn’t want to delay implementing scales. Mr. Skeen said he is at 14 tons of waste per day at the landfill. Commissioner Kirby asked where the trucks are weighed currently. Mr. Skeen motioned towards the mill next to the fairgrounds. Mr. Skeen explained the process of weighing to Commissioners. Commissioner Dinning said in talking to Panhandle Health District during the prior meeting, he understood it took only one load of waste being hauled out of Boundary County to another facility, even if under 20 tons, that would trigger a viable alternative that was discussed, and possible closure. Chairman Smith said he didn’t understand it that way so he will contact Panhandle Health District to find out. Commissioner Dinning said he recalled the matter of the county being able to prove through an economic study that it costs the county twice its current budget. Commissioner Dinning said he is afraid, if the county can’t prove it will cost double the county budget to ship waste out, that it triggers this landfill closure. The county can haul out two tons of waste if over the 20 ton per day limit, but the county has to prove the cost is twice the county’s budget. Commissioner Dinning said the minute that happens, if the county can’t prove it will cost double to ship the waste, then all of the waste has to be hauled away and that is his concern. The minute the county proves to Panhandle Health District that the 20 ton per day limit has been exceeded, all kinds of restrictions will be imposed that weren’t before. There was nothing in the original permit that speaks to this, according to Commissioner Dinning. Mr. Skeen said the county is making an attempt at the scales, but due to the expense, the county will ease into that, but also has to be careful not to go over the 20 ton limit so not to lose the small community exemption.

Those present discussed the waste stream study. Mr. Skeen said the waste stream study shows what amount of waste is coming in for that week. Mr. Skeen said Erik Ketner with Panhandle Health District has been pleased with the waste stream study so far. Chairman Smith said the county will just continue what they are doing and when the limit starts getting close, Commissioners will have to deal with that then. Chairman Smith said as long as the study shows less than 20 tons per day, Commissioners don’t have to worry about it right now. Commissioner Dinning said we have been talking to the City of Bonners Ferry about this subject for two years now and there has been absolutely no movement on their part during this time, except for what Ron Frederickson has done. Chairman Smith asked where the county is at if the city says they won’t do anything further. Commissioner Dinning said the county has the ability to impose a tipping fee to Frederickson’s. It was said a fee would be negotiated between the city and Mr. Frederickson. Chairman Smith said imposing a fee would hit the county between the eyes as it is the county imposing the fee. It was said if the county keeps the fee the same it would be fine, but he wants people to recycle. Commissioner Dinning questioned why the landfill should be adversely affected as people who live outside of city limits are recycling. Mr. Skeen said the city is also looking at doing away with the contract with Frederickson’s Bonners Ferry Garbage.  Commissioner Kirby said Mr. Frederickson has the contract that states all waste in the city belongs to him and he has to get rid of it somewhere. Commissioner Dinning suggested the city pay Mr. Frederickson to haul the garbage to some other location or charge a tipping fee if they don’t want to recycle. It was said the landfill is for the county and the city is a part of the county so it’s not certain how that would work.

Mr. Skeen and Ms. Capurso left the meeting at 10:02 a.m.

Commissioner Dinning moved to go into executive session under Idaho Code 67-2345-C, to conduct deliberations concerning labor negotiation or to acquire an interest in real property which is not owned by the public agency. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 10:19 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously.

10:20 a.m., Restorium Administrator Karlene Magee joined the meeting to give the department report.

10:20 a.m., Clerk Poston and Ms. Bacon left the meeting.

Ms. Magee informed Commissioners the Restorium has a total of 28 residents. Ms. Magee said the issue regarding plowing snow near a neighbor of the Restorium has been resolved. Ms. Magee said the people installing the floor in the downstairs office are supposed to come today. The matter of the kitchen floor has not been resolved yet. Ms. Magee said the kitchen floor is cracking so she contacted Sandpoint Furniture who said they would remove and replace the floor and would also provide catering during this interruption at the company’s expense. Ms. Magee said while she was out of the office, the person replacing the floor came by and began just making repairs to the kitchen floor instead of replacing it, but the kitchen staff stopped him as repairing the floor was not agreed on. Ms. Magee said it was a verbal contract and both she and her Assistant Nancy Carrington were present when this person agreed to do all of the work.

The meeting with Ms. Magee ended at 10:24 a.m.

10:30 a.m., Chairman Smith, Road and Bridge Superintendent Jeff Gutshall, and Deputy Clerk Michelle Rohrwasser conducted a road tour of various county roads and viewed areas proposed for Road and Bridge projects to include looking into the placement of a stop sign at the intersection of Great Northern Road and Sunrise Road.
 
Those present recessed for lunch at 11:00 a.m.

12:00 p.m., Chairman Smith, Road and Bridge Superintendent Jeff Gutshall and Deputy Clerk Michelle Rohrwasser resumed the road tour. Areas visited included: a proposed project to widen Riverside Street or to build turn-outs, the condition of Westside Road, and the width of the Trout Creek Bridges as it was mentioned by Mr. Iverson in yesterday’s meeting.

The road tour ended at 3:00 p.m.

There being no further business, the meeting adjourned at 3:00 p.m.

    _____________________________________
            RONALD R. SMITH, Chairman

ATTEST:

__________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy