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***Monday, February 22, 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., Clerk Glenda Poston, Treasurer Jenny Fessler, and Assessor Dave Ryals joined the meeting with Commissioners to discuss the proposed four, ten-hour day work week. Bonners Ferry Herald Editor Gwen Albers, Donna Capurso, and KPND News Radio Reporter Mike Brown also joined the meeting.

Chairman Smith said Commissioners have received comments from many employees as they had requested. Recently, the hours proposed were from 7:00 a.m., to 6:00 p.m., with a one hour lunch, but lately comments have been that employees would rather work until 5:30 p.m. with a half hour lunch. If the four, ten hour day work week is adopted, this would allow the public access to the Courthouse from 8:00 a.m., to 6:00 p.m., which they don’t have now. There would be two additional hours per day the public would have access. Chairman Smith said he had spoken with Deputy Clerk Nancy Ryals about the effects this new schedule would have on indigent matters versus the current schedule. This new schedule would allow time for the applicant to conduct an interview without having to leave during their work time or their lunch time as the applicant may be able to conduct the interview at the Courthouse before or after regular work hours. Chairman Smith said it may be the same with the Auto License Department as people will be able to come in to register their vehicle before or after work if the schedule changed. All offices in the Courthouse would switch to the new schedule with the exception of the Clerks’ Office for court related business and the Prosecutor’s Office. The schedule would be Monday through Thursday from 7:00 a.m., to 6:00 p.m., and the only business transaction to take place on Friday would be court business. Chairman Smith said he spoke to one of the employees who favored working to 5:30 p.m. Some employees would like an entire hour for lunch and to work until 6:00 p.m., and some would like a one half hour lunch and to stop working at 5:30 p.m., so maybe each office could work out a schedule to allow for that. Chairman Smith asked the elected officials present for their input. Clerk Poston said in her office on Friday, the court clerks would probably close at 5:00 p.m., so there wouldn’t be as much of an issue with security. Chairman Smith said the schedule for the Courthouse maintenance man would stay at current schedule. Treasurer Fessler said she isn’t sure how the four day work schedule will work, but she also felt it is worth a try. For collecting property taxes, June 20th or December 20th can fall on different days of the week. Clerk Poston said there are certain dates the Clerk’s Office has to be open for elections as well. Chairman Smith said the proposed work schedule wouldn’t go against that. Commissioner Dinning said if December 20th fell on a Thursday, would Treasurer Fessler anticipate opening on Friday, the 21st. Commissioner Kirby said there aren’t many incidents where something like that would happen. If the 20th is on a Saturday or Sunday taxes are accepted on the following Monday, according to Treasurer Fessler. Commissioner Dinning said if the title companies needed to record a document, could someone in the Clerk’s Office be available. Clerk Poston said only the court clerks would be working on Friday and they would have to learn a function of a different job. Commissioner Dinning said that is one example that he doesn’t have a solution to. Commissioner Dinning said when a document is recorded that is when there is an official record. Not being able to record a document on Friday could create difficulty for funding in closing. Assessor Ryals said it shouldn’t. Commissioner Dinning said he is talking about the three days in relation to financing. Assessor Ryals said he doesn’t see how making the document public record affects the validity of the contract once it is signed.

Ms. Capurso requested to make a comment and she said a real estate transaction isn’t complete until it is recorded. Ms. Capurso said if the Courthouse is going to be closed on Friday, Saturday, and Sunday, and there is a holiday on Monday, that is taking away services to the public four days in a row. Chairman Smith said that is something that won’t happen every week and the hours of operation would be extended. The court side of business is handled and the bailiff’s hours would be adjusted. Commissioner Dinning said Judge Julian was concerned about security provided for the last hour of the day. Treasurer Fessler questioned security provided in the morning. Clerk Poston said she isn’t as concerned with the morning as she would be the afternoon or evening. Clerk Poston said if there is a court proceeding, security would be present anyhow. Commissioner Dinning questioned what other impacts there would be. Clerk Poston said auto licensing wouldn’t be available, but she thinks it is just educating the public that services won’t be available on Friday so the public would need to plan ahead. Commissioner Dinning asked if the public could still research public records on Friday. Clerk Poston said the information would still be available, but the court clerks wouldn’t know where to find certain records. Commissioner Dinning asked how many recordings there are per day. Clerk Poston said some days there are quite a few documents to record and some days there are very few due to the economy. Clerk Poston said she contacted Blaine County who has begun working four, ten hour days and their comment was they felt it was an adjustment in the beginning, but they provided public notice of the change on their website so the hours and holidays were addressed. Clerk Poston said Blaine County also posted a calendar listing when they are open and when they’re not. Clerk Poston said she liked the idea that the calendar was available. Chairman Smith said if there is a decision to do this, Commissioners will meet with the local media to provide public notice and will wait for a two week period or so before starting the new schedule.

Chairman Smith this is providing better access to the public and even though there is no Friday, the public will have before and after hours to conduct county business. Clerk Poston said she would like to place a sign on her office counter informing people what the new hours will be. Commissioner Dinning suggested advance notice to the public of one month or two as with the public notices in the newspaper of the changes to the landfill, people still didn’t know.

As far as cost savings, Chairman Smith said the air conditioner wouldn’t be running in the rooms that are currently occupied, but there is an additional eight hours during the four days so he doesn’t know if there is any savings there. Commissioner Dinning asked if there is any financial benefit. Commissioner Kirby said there is no financial benefit for utility usage. Commissioner Dinning asked what the cost to the county would be to hire a part-time employee for recordings and it was determined the cost would be $150.00 per week to hire someone if this became a problem for title companies. Clerk Poston said there are other services that aren’t going to be available as well. Assessor Ryals said it is always a possibility, but not all sales are recorded. Commissioner Dinning said if a sale is signed at 5:00 p.m., on a Thursday and the document is recorded on Friday it would fund that same day, but as proposed, the funding would have to wait another two days. Commissioner Kirby said it is mute point as if Monday was a holiday the lending institutions would also be closed. Assessor Ryals said rather than hiring another person to work on Friday, would someone in the Clerk’s office be interested in earning extra money for learning to do recordings.

Chairman Smith informed Ms. Albers that this new schedule is not set in stone and if the county decides to work this schedule, there will be public notice given in advance. Chairman Smith said he doesn’t understand why any member of the public would be opposed if an additional two hours per day is provided to them.

Mr. Brown asked if providing the public with better access to the Courthouse was the driving force behind this change. Chairman Smith said speaking for himself, he thought there would be savings in the utilities and better access, but the savings may not be as much after all. Chairman Smith said the schools operate on the four day schedule and there are employees with kids so there is also a benefit to those employees. Mr. Brown asked if the agenda would be posted on Thursdays should this change take place. Commissioners said yes, and also said this change would just take place on a trial period. The hours of 7:00 a.m., until 6:00 p.m., would be the most beneficial to public.

The meeting ended and Treasurer Fessler, Assessor Ryals, and Clerk Poston left at 9:35 a.m.

Boundary Volunteer Ambulance President Ken Baker joined the meeting at 9:40 a.m.

Commissioner Kirby moved to authorize the Chairman to sign Supplemental No. 3 to Agreement No. 5815, for Project No. BR-5907(101), Deep Creek Bridge #2, Key No., 08773 and to sign any future documents in relation to Deep Creek Bridges #2 and #4. Commissioner Dinning second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes of February 8 & 9, 2010. Commissioner Dinning second. Motion passed unanimously.

Commissioner Kirby moved to sign the letter of support for the Seniors Hospitality Center and their efforts to obtain a grant for Boundary County through the Idaho Transportation Department under the Non Urbanized Area Formula Grant Program Section 5311 for grant year 2011. Commissioner Dinning second. Motion passed unanimously.

Clerk Glenda Poston joined the meeting.

Mr. Baker said the Ambulance Association was donated a natural gas dryer so the Association would like to have the gas lines extended to drop down. Clerk Poston informed Mr. Baker the company that does the work needs to provide a certificate of insurance to the county prior to doing the work. The labor will be donated to the Ambulance Association, and the insurance certificate needs to be given to Deputy Clerk Michelle Rohrwasser.

Mr. Baker informed Commissioners the ambulance drivers are having a hard time backing the units into the garage due to the sun glare and he asked if he would be able to stencil lines to guide the units in.

Mr. Baker said the local hospital received a flex grant, which will fund a facilitator with the Critical Illness and Trauma Foundation to work with the Boundary Volunteer Ambulance Association and see what the Association has and how to present better if they decide to go tax based. Mr. Baker said the Association also received a new radio grant and those radios will still be compatible with the sheriff’s office.

Mr. Baker left the meeting at 9:50 a.m.

10:00 a.m., Commissioners participated in the legislative conference call with the five northern counties. Also present were: Clerk Glenda Poston, Treasurer Jenny Fessler, Assessor Dave Ryals, KPND Radio News Reporter Mike Brown, and Donna Capurso.

Kootenai County Commissioner Rick Currie said H0515 and H0516, Warrants of Distraint Process and Warrants of District, have not changed.

H0492, Coroners Qualifications and Training, it was said that some feel coroners should not be charged for training. This legislation will probably pass, but there are concerns. It was said this legislation is coming from one of the departments and the Bureau of Vital Statistics may be opposing this legislation.

H0501, Electrical and Plumbing Inspections-County Option, it was said there was going to be a meeting and there is some major opposition. The staff was asked to join an interim committee to work out the differences so the bill is effectively dead. The problem is there are questions about the quality of the inspector’s knowledge and any of the inspectors have to be certified by the State. Some building industry trades are concerned about cost. It was said this would’ve been a county option.

H0521, Recording Fees, Commissioner Currie said this matter has had a print hearing and now will go to a full hearing.

H0496, Voter ID, this does stand a good chance of passing.

S1318, Vehicle Registration, someone still doesn’t support the fee increase and it is a hard hit to the community due to economic conditions.

HJR003, through HJR007 are all “Ordinary and Necessary”.

Commissioner Currie said the legislators did not discuss H0508 at all. This legislation allows crime victims compensation funds to pay medical providers at the Medicaid and Medicare rate out of that fund.

S1370, Exemptions From Attachment, it was said there is a question of what business equipment is approved and it looks like this legislation is dead.

H0421, Attorney’s Fees and Costs, this was not discussed at last week’s meeting, according to Commissioner Currie. Benewah County Commissioner Jack Buell questioned what this is for and was told it allows attorneys’ fees to be forwarded in administrative cases as well as court cases. If there is a labor dispute hearing, a party can go back afterwards for necessary attorney fees if they prevail. Commissioner Dinning asked if that is already allowable. This is allowable in court cases, but not administrative hearings.

S1303, Unauthorized Aliens/Employment/Prohibited, Commissioner Currie said he is not sure where this is going to go. There are two goals. If there is a business hiring illegal aliens and they get caught, they will be fined and if they get caught again, they will receive another fine and could get their license pulled. It was said the Attorney General would probably enforce this.

H0533, Invasive Species and S1344, Invasive Species/Inspection, These were not discussed in legislation.

S1325, International Fire Code, this legislation basically takes away a lot of the fire districts’ and fire departments’ abilities in reference to water flow and suppression. If there is a problem in areas where there is no fire district, this becomes the Sheriff’s responsibility. If this legislation is enacted, it is extremely important that counties put into effect some ordinances that covers this if you so choose. Counties could contract with local fire districts to enforce or conduct inspections, but it will be a county ordinance. Exemptions are for those within cities and within the area of city impact.

H0489, Local Improvement District (LID), Commissioner Currie said he doesn’t believe this was discussed.

H0490, Business Property Tax Exemption, it was said if the land has to be included it would be a tax shift to other people. This is exemption on land not on increase, but it is an available option.

S1319 Tax Levy/Certain Ambulance District, it was said this applies to Washington County and that was not discussed at the meeting.

Urban Renewal, there were six to eight bills about this and a subcommittee was formed with the purpose of condensing down to two or three bills. It was said there are legislators that think this legislation will be dead in any form due to the time frame.

H0568, Annual Revenue Allocation Areas, Commissioner Currie said this is a fairly good bill overall with few adjustments.

H0569-H0570, these are more on Urban Renewal and H0571 is Local Economic Development Act and those can be skipped.

H0419, Assault and Battery/State Employees, this legislation is written as replacing this outdated list with the simple term “an employee of the state of Idaho or any of its political subdivisions.” Local prosecutors retain the discretion as to when this section of code is applied and if the enhanced penalties are merited.

H0500 Indian Country/Jurisdiction, it was said there have been talking points on this bill and it is still receiving tremendous amount of opposition. There is a chance it could make it out of the committee, but it may not get passed the floor. It was said that counties did take a position and they will join in that position. It was said the City of Coeur d’ Alene supports this and they have written a letter dated February 19, 2010, according to Commissioner Buell.

H0523, Juvenile Corrections Act, Commissioner Currie said this was not discussed.

H0524, Fees, ISTARS/Services Fund, it was said this was not discussed.

H0535, Fees, Attorney’s/Witness, it was said this was not discussed, but Commissioner Dinning said the last sentence states payment of fees are required when government entities are sued by private parties. Commissioner Currie said that is being looked into.

S1317, Animal Cruelty/Provisions Revised, this was not discussed.

S1329, Boat Safety Act, this raises the value of an accident that has to be reported from $500.00 to $1,500.00.

S1358, Recreational Activities Fees, it was said it would be surprising if this goes anywhere.

S1259, Motor Vehicles/Rules of the Road, this would prohibit the use of a wireless communication device while operating a motor vehicle within a posted school zone while children are present in Idaho. It was said that S1259 and S1264, Cell Phone use in Vehicles are dead.

S1336, Motor Vehicles/Covered Loads, this doesn’t apply to the local person, just larger hauls such as gravel trucks, and it exempted agricultural and livestock. Commissioner Dinning said Boundary County has a lot of cattle and pig trucks come through and their waste sloshes over and out of the truck, and if there is a chance to interject something that would fix that issue, he would appreciate that.

S1352, Texting While Driving, it was said this legislation has legs.
H0432, Immunization Assessments, was not discussed.

H0452, DEQ/Panhandle Health District/Rules, this was not discussed.

H0495, Immunizations/Commission; S1301, Pharmaceuticals-Public Health Districts; S1335, Immunization Registry; and SCR114, Public Health District/Rule Reject, all were not discussed. It was asked what SCR114 is. Panhandle Health District adopted rules that changed the policy. For an existing cabin with a non-conforming septic system, a property owner can only build an additional 10%. Commissioner Dinning informed those participating in the conference call that one solution is to get commissioners on those seats and to eliminate the problem without having to go to legislature. Commissioner Kirby said the Panhandle Health District proposed a rule change to allow slightly more than 10%. A property owner with a small 600 square foot cabin would be allowed to build an additional room about the size of a bedroom. The 10% would be a bit more flexible, according to Commissioner Kirby. Commissioner Dinning suggested that each commissioner talk to their representative to get this issue resolved.

EMS Task Force, it was said the legislators are tired about hearing this and they are going to act on it. The Association of Cities and fire commissioners have come out in opposition, but this legislation makes it so legislators should be able to act right now.

Emergency Communication Districts was said to be dead.

County Commissioners sitting on the Public Health District Board will most likely pass. If a county commissioner sits on the Panhandle Health District Board and he leaves office, he won’t lose his position on the board. This legislation would make it a county option that the commissioner could be replaced on that board.

Commissioner Dinning said he heard somewhere, that legislature was identified to consider a resolution allowing the Governor to declare an emergency regarding the wolf population. Legislation stated to establish dialogue and collaborative efforts for wolf management control. Commissioner Dinning said he hopes that passes. Commissioner Dinning spoke briefly of legislation that deals with emergencies existing with wolves. Commissioner Dinning said he thinks the Idaho Association of Counties need to support that.

The legislative conference call ended at 10:55 a.m.

Mr. Brown and Clerk Poston remained in the meeting.

Clerk Poston left the meeting.

Commissioners tended to administrative duties.

Commissioners and Mr. Brown discussed the article in the newspaper regarding the militia and how Commissioners received a telephone call subsequent to the article requesting they state whether or not they support the militia.

11:20 a.m., Commissioners spoke to Bonners Ferry Herald Editor Gwen Albers via telephone and Mr. Brown in order to give a statement on their position of the militia.

Chairman Smith said a citizen called the Courthouse a bit ago and he requested Commissioners take a stand on the militia. Chairman Smith said his stand is that a militia is not needed in Boundary County. The Sheriff’s Office, Bureau of Homeland Security, and Boundary County Search and Dive Rescue do not need assistance. Chairman Smith said as far as the militia, he doesn’t know that they are necessary to Boundary County. Some time ago, the militia had written an article for the newspaper that they were low on members. Commissioner Kirby said he is in support of Chairman Smith and Boundary County is doing just fine. Commissioner Dinning said of course the militia has the right to form, and in the newspaper they are portrayed as available to community service so for anybody who wants to help, but not be in competition with, he is not necessarily opposed. But if the militia did start crossing the lines of law enforcement, Commissioner Dinning said he would have grave concerns. The call with Ms. Albers ended at 11:25 a.m.

Mr. Brown asked if the militia group here would harm the image of the community. Chairman Smith said he sees no positive by having the militia in the community. The militia, in people’s minds here, is sort of an antigovernment group, but who knows, maybe its not. Commissioner Dinning said just the term “militia” causes concern for people. People could be fearful of the militia’s true intent.

Mr. Brown updated Commissioners of a story he reported on this morning on the garbage issue.

Mr. Brown left the meeting at 11:30 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 11:30 a.m.

Commissioner Dinning moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 11:36 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve indigent 2010-4 for follow up. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve indigent applications #2010-31 and #2010-30 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals presented Commissioners with a State grant agreement for the Airport Improvement Project (AIP) #3-16-0004-008 and #3-16-0004-009. Deputy Clerk Nancy Ryals said the Federal Aviation Administration (FAA) has paid all of “008” funds and now the county is on Request for Reimbursement #4 for AIP #3-16-0004-009. Deputy Clerk Nancy Ryals said the State of Idaho has not been jumping in as far as reimbursement.

Commissioner Kirby moved to authorize the Chairman to sign the State Grant Agreement for Airport Improvement Project #3-16-0004-008 and #3-16-0004-009. Commissioner Dinning second. Motion passed unanimously.

Commissioner Dinning moved to adopt Resolution 2010-19. A resolution exact from the minutes of a regular meeting of the county commissioners held on February 22, 2010. Commissioner Kirby second. Motion passed unanimously. Resolution 2010-19 reads as follows:
County Resolution 2010-19
Exact from the minutes of a regular meeting
of the County Commission of Boundary County, Idaho
Held on February 22, 2010.

The following Resolution was introduced by Commissioner Dan R. Dinning, read in full, considered and adopted:

Resolution number 2010-19 of Boundary County, Idaho accepting the Grant Offer of the State of Idaho through the Idaho Transportation Department, Division of Aeronautics, in the maximum amount of $20,508 to be used under the Idaho Airport Aid Program, Program number: FAA865S, Project number 3-16-0004-008/009 in the development of the Boundary County Airport; and

Be it resolved by the Chairman and County Commission of Boundary County, Idaho (herein referred to as the “County”) as follows:

Sec. 1. That the County shall accept the Grant Offer of the State of Idaho in the amount of $20,508, for the purpose of obtaining State Aid under Program Number: FAA865S, Project Number: 3-16-0004-008/009 in the development of the Boundary County Airport; and

Sec. 2. That the Chairman of the Boundary County is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Acceptance) on behalf of the County. The County Clerk is hereby authorized and directed to attest the signature of the Chairman and to impress the official seal of the County on the aforesaid statement of Acceptance; and

Sec. 3. A true copy of the Grant Agreement referred to herein be attached hereto and made a part thereof.

Passed by the County Commission and approved by the Chairman this 22 day of February, 2010.

s/___________________________________
RONALD R. SMITH, Chairman

ATTEST:

Glenda Poston, County Clerk

CERTIFICATE

I, Glenda Poston, County Clerk do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2010-19 adopted at the regular meeting of the County Commission held on the 22nd day of February, 2010, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the County, this 22nd day of February, 2010.

     s/____________________________________
     Glenda Poston, County Clerk
     Recorded as instrument #245651

***Clerks’s Note: A copy of the Idaho Transportation Department Division of Aeronautics Grant Agreement can be found attached to the original Resolution located in the Clerk’s Office.

Deputy Clerk Nancy Ryals left the meeting at 11:40 a.m.

Commissioners tended to administrative duties.

11:50 a.m., Extension Agent Carol Hampton joined the meeting.

Ms. Hampton presented Commissioners with a proposed policy for use of the Extension meeting room and kitchen. Ms. Hampton explained how the kitchen is getting misused and of the abuse of various items in the kitchen. Ms. Hampton suggested instituting a $5.00 non-refundable fee for use of the Extension kitchen. Ms. Hampton said Alcoholics Anonymous “AA” who utilizes the room is fine with it. Ms. Hampton said she is proposing to collect the fee and on a quarterly basis she would issue a report to the Clerk with a statement of what she has had to purchase such as detergent, replacement kitchen silverware, and other items Ms. Hampton says just disappears. Any funds left over after purchasing supplies can be turned over as she won’t use the total of about $40.00 per month that is collected. Chairman Smith suggested Ms. Hampton establish a line item for budget items and funds received can go back into that line item for when she needs to purchase items. Commissioner Dinning said the taxpayers in the county already pay for the Extension Office building and they question why they have to pay to use the facility. Any other facility that assesses a fee such as Memorial Hall pays an actual individual’s wages for taking care of rental paperwork. Commissioner Dinning suggested Ms. Hampton attempt to address the specific groups that are causing the abuse individually.

The meeting ended and Commissioners recessed for lunch at 12:00 p.m.

1:30 p.m., Commissioners held a hearing on the hardship exemption application filed by Joseph Duginske for parcel #RP60N01W288401A. Present were: Chairman Smith, Commissioner Dinning, Commissioner Kirby, Treasurer Jenny Fessler, Deputy Clerk Michelle Rohrwasser, and applicant Joseph Duginske. The meeting was recorded.

Chairman Smith administered the oath to Mr. Duginske. Treasurer Fessler said Mr. Duginske has made payments on his taxes. Treasurer Fessler said the amount of $809.00 also contains Cabinet Mountain Water Association fees. Mr. Duginske said he never uses Cabinet Mountain Water and the contract with them was terminated, but he was charged for water he wasn’t using. The county is looking at taxes from year 2006, without Cabinet Mountain Water Association and Idaho Department of Lands fees, totaling $362.27. Mr. Duginske said he has an energy crisis from the food bank so he has $409.00 coming to him possibly in the next month. Mr. Duginske said he is also starting a job at Mountain Springs Church, and Alliance may also have funding for him. Commissioners mentioned an extension. If the county were to extend the time to pay these taxes for another 60 days, Mr. Duginske said he would be able to pay his 2006 year taxes. Chairman Smith said the county cannot do anything with the Idaho Department of Lands and Cabinet Mountain Water fees. Mr. Duginske said he does have avenues of employment.

Treasurer Fessler said Commissioners will have to cancel $400.00 in costs for 2006 as well. Chairman Smith said the county is right in the middle of the tax year and the second half of taxes are due in June and if those aren’t paid, Mr. Duginske will be three years behind and be in same spot right again. Treasurer Fessler said if the county cancels costs, late fees, and offers Mr. Duginske a 60 day extension, he will then owe for year 2007 and the tax deed process starts in October. Mr. Duginske said he understands and he knows it sounds like a broken record. Commissioner Dinning said so that Commissioners don’t adversely affect the tax deed hearing, this parcel could be kept on the list to tax deed, but then continue the tax deed hearing on Mr. Duginske’s parcel to a future date. Commissioner Dinning said he is considering his motion to include excusing county penalties, interest, and costs and grant an extension of 60 days to allow Mr. Duginske to come up with funds to pay the tax. Once Treasurer Fessler receives the money from Mr. Duginske, then Commissioners can cancel penalties, interest, and costs, and return the water fees to Cabinet Mountain Water Association.

Commissioner Dinning moved to grant an extension of time consisting of 60 days from today’s date to Mr. Duginske for him to pay his 2006 property taxes, and once the tax amount of $362.27 and the amount of $28.42 owed to Idaho Department of Lands for an overall total of $390.69 is received, Boundary County will then cancel the penalty, interest, and cost portion of Mr. Duginske’s tax bill and return Cabinet Mountain Water Association Fees to that Association. Commissioner Kirby second. Motion passed unanimously.

The hardship for Mr. Duginske on parcel #RP60N01W288401A ended at 1:50 p.m.

1:50 p.m., Dave Kramer, Director for Boundary County Office of Emergency Management joined the meeting to discuss the proposed early warning system for Boundary County.

Mr. Kramer said just recently, he learned of an opportunity to apply for a remote community warning system through the National Oceanic and Atmospheric Administration (NOAA), but the State has to apply for it. Mr. Kramer said this is a need where the community felt there isn’t a good warning system in place. Mr. Kramer listed the multiple locations considered to place this system, but a site in Eastport and Naples will be chosen as more funding becomes available. Currently, Mr. Kramer is proposing a site at the Kootenai Tribe, Moyie Springs, and in downtown Bonners Ferry. This system, if there is a need, will alert the dispatch center and a message will be played. Mr. Kramer said depending on what is awarded, some costs could be provided in-house. Mr. Kramer said he was considering the Restorium as a location for a speaker tower. Commissioner Dinning questioned how much space the tower would need. Mr. Kramer said the tower wouldn’t require large square footage. The maintenance cost is unknown, but documents do mention the system is maintenance free. If the county is awarded funding for this system, it is the State that makes the award on behalf of the county, and the bid process begins. Mr. Kramer briefly mentioned changes in the documents such as the designation of Kaniksu/Panhandle National Forest, and the need for a system in Naples and Eastport should further funding become available. Mr. Kramer said the reason he is primarily looking at Eastport is due to the people, train crossing and the fact it is a 24 hour port of entry. Mr. Kramer said he did contact Dick White of Lincoln County, Montana who has an early warning system and he felt it is a good system. Mr. Kramer said he is looking for Commissioners’ blessing to proceed. Commissioner Dinning suggested Mr. Kramer speak with the Kootenai Tribe and City of Bonners Ferry to request a letter of support. Mr. Kramer informed Commissioners the Kootenai Tribe is eligible to apply for this grant on their own.

Commissioner Dinning moved to authorize Mr. Kramer to request the State make application for a community emergency warning alert system for year 2010 on the county’s behalf as presented. Commissioner Kirby second. Motion passed unanimously.

Chairman Smith said he sees a lot of large dollar amounts listed in the documents and Mr. Kramer said there is no match for this grant and the population and effective underserved criteria for this grant have been met.

Mr. Kramer said the radios that Boundary Search and Dive Rescue have and no longer need are mobile not handheld radios and they are not P25 compatible and Mr. Kramer mentioned the radios could possibly be used by Road and Bridge or other similar county departments.

Mr. Kramer informed Commissioners the State Search and Rescue meeting is being held at the Naples Inn this next weekend.

Mr. Kramer left the meeting ended at 2:10 p.m.

Clerk Glenda Poston joined the meeting at 2:20 p.m.

Clerk Poston informed Commissioners by participating in the NACo Prescription Drug Program, county residents have saved $6,162.78 in prescription medication costs over the last six months.

Clerk Poston left the meeting.

Commissioner Dinning left the meeting at 2:25 p.m., in order to attend the Proposed Panhandle Collaborative meeting.

3:00 p.m., Margaret Huggins with the Crime Victims Advocates joined the meeting.

Ms. Huggins presented Commissioners with a request for draw down of funds. Ms. Huggins said the organization is really getting pressured from the council to be more sustainable. Ms. Huggins said 82% of funding comes from the Idaho Crime Victims Council right now and that is not a great thing. Ms. Huggins said from year 1988 until now, the local Crime Victims Advocates always received $1,500.00 from the county. Ms. Huggins explained that one employee is paid for 20 hours of work per week and 15 of those hours are sending out paperwork. Ms. Huggins said she needs to have this organization look better on paper. One thought was to try and cut dependents by 25%, and that is what is written in the strategic plan. By year 2015, dependents on the coalition will be reduced by 25%. Ms. Huggins understood the county has set the budget for this year, but she is hoping to receive a 5% increase in what the county allots to the Crisis Line the next budget year with 5% increases over each of the following four years. So that would be 5% of $1,500.00, which is an additional $75.00 the first year. Chairman Smith said the county can’t make a commitment that an increase can be given every year, and the budget for this year can’t be changed, but Commissioners can look at the budget for next year. Chairman Smith said the county will look at the budget again sometime around May, and he suggested Ms. Huggins send Commissioners a letter with her budget request.

The meeting with Ms. Huggins ended at 3:12 p.m.

3:13 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, February 23, 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., Courthouse Maintenance Jerry Kothe met with Commissioners to give his departmental report. Mr. Kothe said he spoke to the City of Bonners Ferry’s Fire Chief about smoke detectors. Commissioners said the county buildings don’t need a smoke detector that needs to be connected as a standard alarm will work fine and they pointed out various locations to place the smoke detectors.

Mr. Kothe said he changed the recycle paper bins again last week and they seem to fill up quickly. Mr. Kothe said he brought the electronic voting booths over from the Godwin House. Mr. Kothe said he stopped by Roger Myers place to pick up more barrels so he has made more garbage cans out of them. Mr. Kothe said there is a bad seam in bench seat of the county pick up truck he drives so he will have it repaired. Mr. Kothe said he has installed new lights in the exit signs in the Extension Office. Commissioner Dinning asked Mr. Kothe to line up projects that can be to be done during the summer months. Mr. Kothe said one thing he would like to do is have the Courthouse windows washed.

The meeting with Mr. Kothe ended at 9:10 a.m.
Commissioners tended to administrative duties.

Chief Deputy Clerk Tracie Isaac joined the meeting at Commissioners’ request to discuss overtime hours accumulated by various county employees.

Chief Deputy Clerk Tracie Isaac left the meeting.

9:30 a.m., Commissioners resumed the bid opening for the enhanced 9-1-1 system. Present were: Chairman Smith, Commissioner Dinning, Commissioner Kirby, Deputy Clerk Michelle Rohrwasser, and Sheriff’s Office Administrative Deputy Crystal Denton. The bid decision was recorded.

Chairman Smith said when bids were opened originally all three bids submitted contained various additional options. The options are all separated, according to Ms. Denton. When the bid is accepted, it will be the base price and if the options are accepted those can be added after the fact. Commissioner Kirby said adding the options could change the overall bid price.

Commissioners contacted Attorney Phil Robinson via telephone.

Attorney Robinson said if someone were to take a look at the bids, you couldn’t be sure if it is comparing apples and apples. Some of the verbiage is so technical and if there may not be someone who can answer the technical questions and Attorney Robinson mentioned hiring a consultant. Ms. Denton said she met with the department for Bonner County who works with this system. Chairman Smith said the add-ons aren’t needed and all three bids do meet the requirements. The county is dealing with the base list price and the other question is if the bidders are qualified. Commissioners said there have been times when there has been a low bid figure but then the bidder makes various adjustments, which causes the bid to be considered unresponsive. Attorney Robinson said the only way to reject the low bid is to have real negatives. It was said the vendor having the low bid happens to be the same company and system used by Bonner County. Chairman Smith said he doesn’t remember seeing any kind of bid bond accompanying the bids. Attorney Robinson said if a bid bond is requested in the packet then the vendors should have provided that, but a bid bond can’t be required after the fact. The bid from Plant/CML totaled $159,304.27, the bid from Valence Communications totaled $147,070.20, and the bid from ISC Positron totaled $150,249.36. Chairman Smith questioned if Commissioners are looking at the base price, which is $147070.00, and Ms. Denton went to Sandpoint to look at a similar system and determined this system would be the needs of our system, is that enough information to accept the bid.

Maintenance was discussed and Ms. Denton said Valence Communications already provides the Sheriff’s Office with maintenance crews to work on the radios. Commissioner Dinning asked if maintenance is a part of this bid. Ms. Denton said no. Commissioner Dinning asked if the maintenance contact has to be considered in this bid. Attorney Robinson was asked if a maintenance contract is going to be provided does that have to be considered a part of the bid. Attorney Robinson said no, but the county should know the history of the vendor. Attorney Robinson said if the vendor has a bad history with the Sheriff’s Office, the county would not want to accept their bid and work with them. Ms. Denton said she wasn’t sure if all bidders had a maintenance agreement listed in their bid packet. Those present continued with questions on maintenance agreements. Attorney Robinson said Commissioners could always table the decision until later this afternoon.

9:55 a.m., Sheriff Greg Sprungl joined the meeting.

Ms. Denton contacted Michael Deakins, President of Valance Communications to inquire about a maintenance agreement. Mr. Deakins said Valence can write a contract that specifically refers to maintenance hours for the E911 radios, but the company usually writes contracts on a flexible hour approach. The Sheriff’s Office purchases an allotment of hours. The time and material rate is $85.00 per hour. Depending on what is done, a client can usually pay $55.00 per hour to just purchase the hours. The hours can be used for various equipment installed by Valence, according to Mr. Deakins. Commissioner Dinning asked how many hours the county is purchasing now and what could be anticipated as being a realistic figure. Mr. Deakins said for example, Valence has a 10 hour per month minimum and that would cost $7,800.00 per year and provides 120 hours per year. Commissioner Dinning asked how many hours are used currently. Ms. Denton it varies. Commissioner Dinning said there is a warranty available for one year and there is an additional five year warranty. That five year warranty just covers hardware and software failures for Zetron, and that is an optional price. Mr. Deakins said the county can also purchase a three year warrantee. For the basic structure, 120 hours equates to $7,800.00 per year. This equipment is good so most hours would be used for upgrades and programming rather than equipment failures, according to Mr. Deakins. Chairman Smith said if the county agreed to a maintenance contract for 120 hours, but contracted strictly for the E911 system it may be less expensive. It was said Valence would have to discuss the scope of maintenance.

Sheriff Sprungl left the meeting at 10:00 a.m.

Commissioner Kirby questioned if the county will receive a credit during the second year if the allotted 120 hours doesn’t get used in the first year. Mr. Deakins said Valence offers another one year period to use the remaining hours, and if the county goes over the limit, there is the option to purchase more hours.

The phone call with Mr. Deakins ended at 10:02 am.

Commissioner Dinning asked how many hours are used on the radios currently. Ms. Denton said it varies. Commissioner Dinning said the county can use E911 fees to pay the maintenance for this so it would help budget-wise in another line item. Attorney Robinson said the county probably shouldn’t come to using all of those hours. The Sheriff’s Office is currently budgeting $7,500.00 to maintain equipment so that obligation would go away and maintenance fees would be covered through the grant. Commissioner Dinning said the county has a low bidder and is looking at the maintenance fee and this is less than the other vendors’ bids appear to be. Chairman Smith said for the record, Commissioners received an email from Valence Communications listing maintenance costs. A cost estimate of $7,800.00 was provided, which includes the ability to provide maintenance for other communications equipment along with a cost estimate of $4,250.00, which is for maintenance to be used strictly for the E911 phone system. Chairman Smith stated for the record that the Sheriff has recommended the low bidder and the county’s civil attorney has approved the decision process.

The telephone call with Attorney Robinson ended.

Commissioner Dinning moved to accept the low bid of $147,070.20 from Valence Communications for Boundary County’s Enhanced 911 Phone System. Commissioner Kirby second. Motion passed unanimously.

10:34 a.m., Deputy Clerk Nancy Ryals joined the meeting.

Ms. Denton left the meeting at 10:35 a.m.

Commissioner Dinning moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 10:37 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to deny the appeal on indigent application #2010-08 as per the Clerks recommendation. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals left the meeting at 10:40 a.m.

Commissioner Dinning moved to approve the minutes of February 15 & 16, 2010 with any necessary corrections. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

11:30 a.m., Second Chance Animal Adoption Agency representatives including: Rhonda Hamerslough, Karen Schumacher, Vicki Bleyle, Tim Doherty, and Kate Turner joined the meeting to update Commissioners of the status of the animal shelter. Also present were: Donna Capurso and Bonners Ferry Herald Reporter Julie Golder.

Ms. Hamerslough said two weeks ago she presented information on Second Chance to the Bonners Ferry City Council and the Council voted and approved to begin negotiations for a contract regarding city pound dogs. Ms. Hamerslough provided Commissioners written information with some highlights of things Second Chance has done to help the city pound in the last year or two to include: showing city pound dogs for adoption and taking dogs to adopt-a-thons. Ms. Hamerslough explained there is no program in place to fund getting dogs adopted so more and more dogs will be brought in and sit there and the topic of euthanasia comes up. Ms. Hamerslough said Second Chance is trying to help and filter the dogs through the pound for adoption. Second Chance adopted 29 dogs last year and Ms. Hamerslough said they tried to adopt them out. The dogs were pulled out of the pound and put into foster care.

Ms. Hamerslough said Second Chance is looking at their in-kind donations and hard costs put into the new shelter. Second Chance has purchased food and straw for the pound’s outdoor kennels, funds have been provided for spaying, neutering, vaccines, and informational flyers, and the next page lists in-kind donations of $8,400.00 and $6,500.00 in hard costs. Ms. Hamerslough said her organization has given $15,000.00 to the pound this year and that hadn’t been budgeted.

City of Bonners Ferry Chief of Police Rick Alonzo joined the meeting at 11:40 a.m.

Ms. Hamerslough said when the current Board of Directors assumed responsibility of Second Chance, there was a structure on Peterson Hill that was approximately one third complete. The organization’s business plan and operating plan were reviewed and there was not enough money to finish the building nor was there enough money to operate the facility due to its large size. Second Chance started from scratch and sought counseling from quite a few people on what to do with the old facility and it was decided to sell it. Ms. Hamerslough said she later found that the property where the thrift store was located was available for purchase. Ms. Hamerslough had mentioned speaking to the City of Bonners Ferry and the County about the possibility of donated land, but that didn’t come about so she was glad to purchase the property next to the store. Ms. Hamerslough said the shelter is almost done and she hopes to open this summer. The shelter is being run as a business and the “no’s” listed in the information for Commissioners’ review are things the organization didn’t have and now there is a budget, financial statements, and a strategic plan. There is a system available for statistics of tracking animal care, etc., so if the county chose to contract with Second Chance, the shelter will be operated as a business.

The new shelter consists of 450 square feet and everything listed in the handout will be for the shelter. Ms. Hamerslough said the shelter will have dog runs. The law enforcement kennels would be a 24 hours, seven day per week operation. Law enforcement will have a key to an intake room. New paperwork is being coordinated for this and Chief of Police Rick Alonzo is training city officers on this already. The animals dropped off overnight by law enforcement will be provided with water for the night. The access for officers will be very easy and the area for the animals will be separate from the other dogs. Chairman Smith said their paperwork shows three isolation kennels and if there is a dog that turns vicious, is Second Chance accepting any and all kinds of dogs. Ms. Hamerslough said she knows that was a concern and the shelter can’t pick and chose so they will take in that type of dog and have to decide what happens to the animal once it has been in holding for five days. Chairman Smith said after one of the prior meetings, his understanding was a dog would be placed in the city pound and the next day Second Chance would arrive to retrieve the dog. Ms. Hamerslough said the dogs are open admission for law enforcement. If an animal was brought in after biting someone, it would have to be quarantined. Ms. Hamerslough said similar to the city pound, people would have to pay a fee to retrieve their stray.

The shelter will have written policies and procedures. Ms. Hamerslough said noise is a concern due to the shelter’s location and measures have been taken to mitigate noise. Fencing has been purchased and high R value insulation is being used in ceilings and walls. The shelter is going to have a very well laid out enrichment plan for dogs as it has been shown the dogs rest more easily at night by having this plan. Dogs will be indoors at night so Ms. Hamerslough said she is taking every measure she can. The positive thing about the county contracting with the shelter is that once the dog is impounded the county’s responsibility would end at that point where as right now there is still responsibility. Ms. Hamerslough said the city will negotiate a contract and the city pound would close so that leaves the question of where dogs brought in from the county will go. Ms. Hamerslough said there are certainly choices, but they’re looking at what is good for animal control. The Second Chance Animal Shelter will provide the same location for licensing, relinquishing an animal and pick up.

Ms. Hamerslough said if the city contracts with Second Chance and the county utilizes another group, that group will eventually bring the animal to Second Chance who won’t be able to accept the animal. Ms. Hamerslough explained if a county law enforcement officer picks up a dog that is running on a county road, dispatch will ask the county officer to take the dog to the pound, but the shelter will have to turn the county animal away. Ms. Hamerslough said if someone shows up at the shelter, they will be asked to fill out some information, and hopefully the animal will have a tag and there is a tag system in place. People brining in animals found in the county will be turned back to dispatch for further guidance. Ms. Hamerslough explained the location of a dog is not determined by which entity’s officer drops off the dog, but rather where it was found. Ms. Hamerslough said Second Chance will also provide impound services during the owner’s incarceration for fees.

Ms. Hamerslough said currently, Second Chance is forming a business and operations plan that is twofold. One matter is to contract with the city, but also as a relinquishment shelter Ms. Hamerslough said she needs to make sure enough kennels are available for city dogs. If there are enough kennels for relinquished animals then the shelter will do that. Animal foster homes are also an option for Second Chance. Ms. Hamerslough said there is a wonderful in-home foster program. For owners that have to relinquish their dog due to having to move away, the owner can have their rights to their animal signed over to Second Chance in addition to signing over care and Second Chance will provide spaying and neutering. The dog will actually stay in its owner’s home until the owner has to move, etc. Ms. Hamerslough said she spoke to another shelter in Chicago that is doing that and it works wonderfully.

Chairman Smith said Ms. Hamerslough mentioned the city going in the direction of contracting and the county will have to go in that direction as well, but that was not the topic of discussion for today. Chairman Smith said another animal shelter approached the county and they were told the county didn’t have budget to contract with them this year so the county decided to go out for request for proposals (RFP) in the summer.

Commissioner Dinning asked when the city anticipates this system beginning. Chief Alonzo said when Second Chance gets up and running and there has been talk of what to do during the interim period, but it is still talk. Commissioner Dinning asked if the county will receive notice if the city enters into an agreement with the shelter during the interim basis right away. Chief Alonzo said there is no plan yet. Ms. Hamerslough said the city council made a motion to start negotiations so there is no contract yet. Ms. Hamerslough said as an organization, she understands the RFP method, but she hopes the county understands if the shelter can put a contract in place and take in city dogs prior to the new fiscal year, the shelter’s business plan will move full force. Ms. Hamerslough said if the county wants to enter into a contract a few months later, she hopes the county understands the shelter may be full.

Commissioner Dinning said when the county goes out for RFP’s, they will list certain items that have to be addressed in the notice. Ms. Hamerslough said the shelter won’t set aside kennels for city dogs because no one knows the numbers. Chairman Smith said the county will go out for RFP’s so to be ready to go by October.

The meeting ended and Commissioners recessed for lunch at 12:10 p.m.

1:30 p.m., Commissioners reconvened for the afternoon with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Planning and Zoning Administrator Mike Weland, Attorney Louis Marshall, Donna Capurso, Jay Epstein, Kirsten Madden, and Planning and Zoning Commission members: Paul Shelton, Marciavee Cossette, Dan Studer and Matt Cossalman joined the meeting to review the proposed Planning and Zoning Ordinance.

Boundary Economic Development Specialist Mike Sloan joined the meeting at 2:18 p.m.

Mr. Epstein left the meeting at 2:35 p.m.

Ms. Capurso and Mr. Sloan left the meeting.

Attorney Robinson joined the meeting at 3:50 p.m.

The Planning and Zoning Ordinance workshop ended at 4:40 p.m.

Commissioner Dinning moved to grant an extension of time to pay the first half of year 2009 tax until March 2, 2010 and the second half of year 2009 tax until April 2, 2010 on parcel #SM61N01E12470. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to grant an extension of time to pay 2009 year taxes on parcel #MH60N01W244050A until June 1, 2010. Commissioner Kirby second. Motion passed unanimously.

There being no further business, the meeting adjourned at 4:53 p.m.

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RONALD R. SMITH, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy