***Monday, March 01, 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., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give a departmental report. Mr. Gutshall presented a written report. Clerk Glenda Poston, GIS Mapper Gary Falcon, Sheriff’s Office Administrative Deputy Crystal Denton, and Mike Brown with KPND News Radio also joined the meeting.
Commissioner Dinning moved to amend Commissioners’ agenda pertaining to the legislative conference call. There may be a need to address drafting a resolution of the five northern counties regarding HB0500 in addition to a resolution regarding the F-35 Jet Program that District I supports in Mountain Home, Idaho. Commissioner Kirby second. Motion passed unanimously.
Chairman Smith said he had talked about the matters of HB0500 and the F-35 Jet Program early on and the amendment to Commissioners’ agenda is because of the time sensitive issue with legislature.
Mr. Gutshall informed Commissioners his office attended a week-long training in Post Falls last week. Occupational Safety and Health Administration (OSHA) and Mining Safety and Health Administration (MSHA) hosted this free training otherwise it would have cost the county $1,000 to $1,500. The cost for the “Crusher Train the Trainer” course would have cost $1,700, but all of these classes were free, according to Mr. Gutshall.
The new crusher was delivered last week and Mr. Gutshall said he anticipates it will work fine. Mr. Gutshall said the Road and Bridge crew worked on Crescent Road for two days to clear the right-of-way, drainage, and widen the road. Mr. Gutshall said his employees will finish work on Crescent Road and will later put rock on it. Crescent Road had failed this spring, according to Mr. Gutshall. The road wasn’t widened to a full two lane road, but Road and Bridge will lay fabric down and clear the drainage.
Mr. Gutshall informed Commissioners the used sand screen he purchased works fine.
Mr. Gutshall informed Commissioners the bid for the Roosevelt project was awarded to Interstate Concrete and he has a pre-work conference in April.
Mr. Gutshall said the bad news is there are more issues on the Deep Creek Bridge #4 project. Mr. Gutshall said he was notified that the engineers who conducted the hydraulic report aren’t qualified to do this report and another engineering firm needs to conduct the report.
Mr. Gutshall said Stimulus Project #1 is on track, but Project #2 was prepared with the understanding it would be shovel ready by February. This project was prepared for use of leftover stimulus money, according to Mr. Gutshall. The consultant prepared this project and everything was done early, but the Idaho Transportation Department (ITD) has a time line for documents in order. All of the paperwork for Project #2 was in ITD’s office and ready, but ITD wouldn’t approve it, according to Mr. Gutshall. Mr. Gutshall said he is going to talk about this issue and the $40,000 that ITD still hasn’t reimbursed the county.
Commissioner Kirby questioned the progress of possibly installing a corner street light at the four corners area in Highland Flats. Mr. Gutshall said he spoke to Mr. DePue who originally requested the lighting, and Northern Lights. The lowest wattage light would cost $16 to $18 per month. Mr. Gutshall said lighting has been requested at the four corners in Highland Flats, but he was contemplating a solar powered light as hooking up electric service would be a continual cost. Mr. Gutshall explained there are five to six cars parked there to drop off and pick up high school kids. Mr. Gutshall said if the county is going to move forward with this then other places in the county should also be considered for the same thing. Commissioner Dinning said lighting that had been requested at the landfill turnoff is of equal importance. Mr. Gutshall said there was talk of having the water association volunteering to pay the electric bill for the light. Mr. Gutshall said creating a turn-out wouldn’t alleviate the concern as the issue was the darkness. It was decided this discussion would have to continue.
Chairman Smith said the county accepted the bid for an enhanced 9-1-1 phone system last week and that system should provide the caller’s telephone number on a screen. There is other software needed to display an address and in addition to that, there are additional costs for networking. Commissioners questioned who was going to talk to the State’s E9-1-1 Coordinator Eddie Goldsmith to see if funding of approximately $28,000 could be used for these two items. Ms. Denton said the funds do have to be used for the network setup and depending on those costs, she will see what the bid from Verizon is. Chairman Smith said once that is taken care of, could funds left over be used for Mr. Falcon’s equipment. Ms. Denton said Mr. Goldsmith did approve that use. Ms. Denton said she received a bid from a company in Montana for installation costs of $46,000 so that would put the county over budget. Ms. Denton said the company out of Montana quoted a monthly cost that was less than Verizon.
Bonner County Detention Administrator Debbie Stallcup, Boundary County Chief Probation Officer Jackie Bacon, and Boundary County Juvenile Probation Officer Stacy Brown joined the meeting at 9:25 a.m.
Commissioner Dinning asked if the county anticipated moneys reimbursing some salaries. Clerk Poston said salaries and repairs were allocated at $30,000. Commissioner Dinning asked Clerk Poston how much money is anticipated to come in for the 911 fees. Clerk Poston said the county anticipates approximately $100,000.
Chairman Smith asked if Ms. Denton could speak with Mr. Goldsmith to ask if the difference in the low bid for the network and the network budget could be used for Mr. Falcon at a total of $17,350.00.
Mr. Gutshall, Mr. Falcon, and Ms. Denton left the meeting at 9:26 a.m.
Commissioner Dinning moved to grant the extension of time to accept payment
on 2006 year property taxes for parcel #RP61N01E119461A until April 15, 2010.
Commissioner Kirby second. Motion passed unanimously.
Ms. Stallcup said she wanted to visit with Commissioners as every year there is a detention inspection. This year the Department of Juvenile Corrections visited the Bonner County Detention Center early to address the detention center’s structural issues. Ms. Stallcup said the detention center was certified until March 2010, but she just received a report that the center won’t be re-certified and Bonner County has been given until September 2010 to develop a plan to reach certification. Ms. Stallcup said the detention center’s policies, procedures, and staff have always worked well and it is just the structure that is in question. Ms. Stallcup said the roof leaks terribly, but the cost of the roof requires Americans with Disabilities Act (ADA) standards of a 10-foot roof. The building is made of a combustible material and it isn’t supposed to be as it is supposed to be made of bricks and mortar. Ms. Stallcup explained where the bedrooms are there is no egress so if there was a fire, there would be no way for kids to get out and the hallway is too narrow. Ms. Stallcup said all issues that need fixed can’t be done without building a new facility. Ms. Stallcup said she did contact Dave Sasser at Idaho Counties Risk Management Program (ICRMP) and he informed her there was confidence in the way the facility is run and the Bonner County Detention would be insured as long as the resolution is moving forward. Ms. Stallcup said she is looking at ways to finance a new facility and by March, she should have a concrete plan to move forward. Ms. Stallcup said options are to build another facility or to solely contract with Region 1 and she feels it is Bonner County Commissioners’ intent to rebuild. Commissioner Dinning said the reason the Bonner County Detention Center is not certified is due to the facility and not how the program is run. Ms. Stallcup agreed. Chairman Smith said as we sit here now, the Boundary County jail is not certified, but is covered under ICRMP. Ms. Stallcup said within the next 90 days she will have concrete plan on how to move forward. The Bonner County Detention Center will operate uncertified, but insured. Commissioner Dinning said he knows there has been a significant reduction in expense for Boundary County by being able to use the facility in Bonner County. Ms. Stallcup said she would send Commissioners a copy of the Department of Juvenile Correction’s report.
The meeting with Ms. Stallcup, Ms. Bacon, and Ms. Brown ended at 9:37 a.m.
Commissioner Kirby moved to approve the minutes of February 22 & 23, 2010. Commissioner Dinning second. Motion passed unanimously.
Commissioners briefly discussed information pertaining to a vegetation variance for the river levees. Commissioner Dinning said the city and county should contact legislation as this new requirement is not right. Commissioner Dinning said a majority of levees would be kicked out of the levee system and wouldn’t qualify, according to the information.
Commissioners tended to administrative duties.
10:00 a.m., Commissioners participated in the weekly legislative conference call along with Clerk Glenda Poston, Assessor Dave Ryals, and other elected officials of District I.
There are two issues the county has been asked to provide input on, which is the F-35 Jet Program at Mountain Home and towards the end of the conference call participants could decide on resolutions as District I members. District I proposed drafting a resolution to support the F-35 in Mountain Home. The other issue is to oppose HB0500 based on the Idaho Association of Counties (IAC) talking points. Chairman Smith said since the Commissioners are ready and Commissioner Dinning is Chairman of District I, this District would hold a special meeting to address these two matters.
District I Chairman Dinning said District I convened at 10:05 a.m., on Monday, March 1, 2010 to consider the regulations on HB0500 and to discuss a resolution in support of the F-35 Program and these matters are being addressed as they’re time sensitive and need quick responses.
It was said that as this is legislation, there should be a roll call. Commissioner Dinning said at time of a vote, should there be a roll call vote as to who voted which way. It was said all elected officials in this district would have a chance to weigh in on this matter.
KPND Radio News Reporter Mike Brown joined the meeting at 10:09 a.m.
Commissioner Dinning said what he is hearing is that District I conference call participants shall proceed to discuss both resolutions and those District I members who are present will conduct a roll call vote and allow those who aren’t present to participate to vote via email.
Kootenai County Commissioner Rick Currie moved that the five northern counties will support the F-35 Jet Program in Mountain Home as stated at the District I February 2010 meeting in Boise. Chairman Smith second. Clerk Poston took a roll call vote.
Kootenai County: Commissioner Currie “yes”, Commissioner Piazza “yes”, Commissioner Tondee “yes”, Treasurer Malzahn “yes”, Assessor McDowell “yes”, Benewah County” Commissioner Buell “yes”, Clerk Reynolds “yes”, Sheriff Kirts “yes”, Assessor Jeffrey “yes”, Shoshone County: Commissioner Cantamessa “yes”, Commissioner Hanson “yes”, Boundary County: Commissioner Kirby “yes”, Commissioner Smith “yes”, Commissioner Dinning “yes”, Assessor Ryals “yes”, and Clerk Poston “yes”. Bonner County elected officials were not present. Commissioner Dinning said with the numbers of District I members present, the motion will most likely pass, but he would let the members who were not present now. Motion passed.
Shoshone County Commissioner Cantemessa moved to have a resolution from District I prepared opposing HB0500 with IAC’s talking points. Boundary County Commission Chairman Ron Smith second. Clerk Poston took a roll call vote. Kootenai County: Commissioner Currie “yes”, Commissioner Piazza “yes”, Commissioner Tondee “yes”, Treasurer Malzahn “yes”, Assessor McDowell “yes”; Benewah County: Commissioner Buell “yes”; Prosecuting Attorney Payne “yes”, Treasurer Kirk “yes”, Assessor Jeffrey “yes”, and Clerk Reynolds “yes”; Shoshone County: Commissioner Cantemassa “yes”, and Commissioner Hanson “yes”. No elected officials from Bonner County were present; Boundary County: Chairman Smith “yes”, Commissioner Dinning “yes”, Commissioner Kirby “yes”, Clerk Poston “yes”, and Assessor Ryals “yes”. Motion passed.
This resolution will be prepared and emailed to the elected officials who were not present. District I Chairman Dinning asked when everyone has had a chance to review the draft resolutions to make their questions known as soon as possible.
A conference call participant stated they had learned the legislative committee is not aware that this HB0500 is not a reciprocal agreement and he doesn’t know if that makes a difference or to put that in the resolution, but it should be known.
Commissioner Rick Currie moved to adjourn the District I Special Meeting at 10:18 a.m. Commissioner Ron Smith second. Motion passed unanimously.
Those present reviewed the list of issues listed in the Legislative Bulletin dated February 25, 2010.
HB0500, Indian Country/Jurisdiction. Commissioner Currie asked for updates.
H0514, Records Destruction. This just passed the House and Senate.
H0515, Warrants of Distraint Process. The chairman of the committee is fine with this and it will come up for hearing this week.
H0492, Coroners Qualifications and Training. This is in the House’s 3rd reading and will possibly be up today, tomorrow for sure.
H0501, Electrical and Plumbing Inspections. This is still with the House Business Committee and there have been no changes.
H0521, Recording Fees. This is in the House State of Affairs and will go to the 3rd reading tomorrow.
H0496, Voter ID Required. This is in the House for the 3rd reading.
Commissioner Currie said he thinks it will pass.
S1318, Vehicle
Registration Fee Resolution. Commissioner Currie said he is not sure of this
one.
HJR004, Hospitals/Health Services and HJR005, Rev/Special Facility Bond Financing. Commissioner Currie said he has not heard anything new on these.
HJR007, Municipal Electric Systems. This passed the House and is in State
Affairs.
H0508, Crime Victims Comp/Medical Providers. Commissioner Currie
said he had no comments on this.
S1370, Exemptions from Attachment. Commissioner Currie said this is in Senate reading.
H0421, Attorney’s Fees and Costs. This is in the 3rd reading and the speakers have signed it.
H0591, Vehicle Emissions/Inspection Programs. It was said this could be dead. Commissioner Currie said this could be a problem for Kootenai County, but not other District I counties.
H1303, Unauthorized Aliens/Employment/Prohibited. Commissioner Currie said this is in State Affairs still.
H0533, Invasive Species. This is in the 3rd reading.
SH1344, Invasive Species/Inspection. Commissioner Currie said there have been requests for inspection stations and counties have sent letters stating if the State wants to fund them they will work with them on it.
S1378, Police/Public Records Exemption. Commissioner Currie said this is not a well written bill.
S1325, International Fire Code. Commissioner Currie said he hasn’t heard anything about this all week.
H0489, LID’s. Commissioner Currie said to wait for amendments.
H0490, Business Property Tax Exemption. This bill modifies HB550 from 2008 and removed the annual approval.
S1319, Tax Levy/Certain Ambulance District. It was said this is for crossing state lines and only affects Washington County.
Urban renewal. Commissioner Currie said these eight bills went to the subcommittee to be reduced to three bills. Seven bills just came back and those will be reviewed today.
H0567-H0578. Commissioner Currie said he wouldn’t discuss these as they’re related to the urban renewal.
S1381, Rev/Tax, Annual Exemption Review. This is in the second reading of the Senate and it looks like it will pass.
H0419, Assault & Battery/State Employees. Commissioner Currie said this
is still there, but might not pass.
H0523, Juvenile Corrections Act.
Commissioner Currie said this is probably the same as H0524 and basically a
court situation that allows a county to collect a fee, but is not general
orders.
H0535, Fees/Attorney’s/Witness. This is to be amended tomorrow.
S1317, Animal Cruelty/Provisions Revised. This is in the House.
S1358, Recreational Activities/Fees. This changes fees for registration and Commissioner Currie feels it won’t go anywhere.
H0583, Urban Renewal/Highway Districts. This is included in the urban renewal bills.
S1259, Motor Vehicles/Rules of the Road and S1264, Cell Phone Use in Vehicles, are both dead, according to Commissioner Currie.
S1336, Motor Vehicles/Covered Loads. Commissioner Currie said he has nothing on this.
H0432, Immunization Assessments. This is in the 3rd reading.
H0452, DEQ/Public Health Districts/Rules. This is in reference to if a county commissioner leaves office, but is still on the health district board. Commissioner Currie said this is to the Governor. Representative Eric Anderson wants to get all septic tank issues to the Department of Environmental Quality (DEQ), but this doesn’t deal with that, according to Commissioner Currie. It was said there are discrepancies. Currently, this doesn’t transfer authority.
H0590/Health and Safety/Septic Tanks. Commissioner Dinning said the bulletin shows there is going to be a meeting tomorrow and he questioned who the stakeholders are. It was said the issue is with the Environmental Committee and has only been there one week. There isn’t any new information on this, but Commissioners Currie said he would find out more.
S1301, Pharmaceuticals/Public Health District. It was said this matter is more of a health district issue than a county issue.
S1335, Immunization Registry. This matter is also on its 3rd reading.
S1353, Freedom of Conscience/Health Care Pro. This is about problems dispensing medications and if other licensed health care professionals will provide this service, but the county is not required to.
S1374, Daycare Licensing. It was said this matter was not discussed at all and it is more of a local issue than a county issue.
SCR114, Public Health District/Rule Reject. Commissioner Currie said he will look into it.
It was said EMT legislation is up for print today so it is important to contact the legislators and let them know District I supports this. There are a few cities around the state that balk at this. This legislation will keep county facilities in place.
Commissioner Currie said the Coroner legislation is up today.
Those present discussed the resolution for HB0500 before ending the conference call at 10:45 a.m.
Commissioners discussed a matter of a trail at Dawson Lake and if the county had gravel available. Commissioner Dinning said he would refer the person inquiring about it to Road and Bridge Superintendent Jeff Gutshall.
Commissioners and Clerk Poston discussed an invoice received from the City of Bonners Ferry totaling $4,000.00 to assist funding the dog pound and decided to request a recap towards the end of the fiscal year.
Clerk Poston left the meeting.
Mr. Brown left the meeting at 10:54 a.m.
11:00 a.m., Chief Deputy Clerk Tracie Isaac joined and Boundary Economic Development Specialist Mike Sloan joined the meeting.
Chairman Smith said as far as vacation hours, the Personal Policy on Page 22 lists the limit of these days. The county has not been giving written approval for Road and Bridge employees and it has just more of a verbal approval. The county could start having a problem by treating one office or department differently than another. In looking at one individual in an office there is always an issue with accumulated vacation hours. Commissioner Dinning said Road and Bridge employees plan their vacation time not knowing what the snow conditions will be and they have to plan as if they can’t take advantage. It was said the county could specifically amend the policy to address Road and Bridge schedules. If Road and Bridge Department employees have to plow snow, they wouldn’t schedule a vacation at the peak of snow plow season so they plan around that and they have been fairly responsible individuals. There are only three employees with accumulated vacation hours over the allowed 120 hours to carry over. Commissioner Chairman Smith said the matter of the vacation time overage for this one office has to be resolved and there should be time to get the vacation hours down where they should be.
It was said next year, the county will follow its policy where a written
request is required if an employee would like to carry over more than 120 hours
of vacation time. Chief Deputy Clerk Tracie Isaac said near September, she could
notify department heads and elected officials they need to start looking at
employee hours.
Chief Deputy Clerk
Tracie Isaac left the meeting at 11:13 a.m.
Mr. Sloan spoke of the Community Profile Grant funding. The match for this grant is in-kind. Mr. Sloan said the deadline to send the application in is March 16, 2010 or April 20, 2010. The city and county would have a few decisions to make prior to making application and it is the cities that make the request. It was asked if the City of Bonners Ferry could incorporate the City of Moyie Springs and the outskirts of the town. Tours of the cities are given and Mr. Sloan said some cities have conducted tours for $2,500. Mr. Sloan said the City of Bonners would have to provide one or two individuals.
Clerk Glenda Poston joined the meeting at 11:20 a.m.
Mr. Sloan said two or three people could be involved from the city such as Assistant Administrator David Sims, Administrator Stephen Boorman, Mayor Dave Anderson or Clerk Kris Larson. Other people in the community could include Darrell Kerby. The total number of people considered was approximately 15 to 18. Airport Manager Dave Parker could also offer information on what is going on at the airport. Mr. Sloan said this program consists of three days. Those present discussed splitting the costs amongst the entities. Mr. Sloan said in this grant he was concerned about the portion for land planning. Mr. Sloan said he doesn’t know if the city feels they need it and how it would affect what the county deals with. Commissioner Dinning said he doesn’t see anything that would rise to that level or would be equal to economic development or infrastructure.
11:30 a.m., Bonners Ferry Herald Managing Editor Gwen Albers, Charlene Delaney of Boundary Abstract, and Lisa Holmes of Community Title Company joined the meeting.
Chairman Smith said Mr. Sloan is going to look into what the county’s interest would be or the commitment of approximately $2,500. Mr. Sloan said he is definitely willing to go after that to see how he can reduce that cost. Mr. Sloan said the woman instrumental in the Hudson Study was on the panel for this grant. Chairman Smith said he doesn’t have a problem if Mr. Sloan tries to see if this grant is feasible. Mr. Sloan said he will meet with the city council tomorrow night to get their blessing and feelings as it pertains to the three items to cover and he will meet with the City of Moyie Springs council on Wednesday night.
Mr. Sloan left the meeting at 11:30 a.m.
Commissioners discussed the proposed four, ten-hour day work week. Chairman
Smith said there had been two problem areas, but now in his mind there are no
more issues with the courts. One issue may be the bailiff/court security hours,
but the thought is to have the Courthouse’s maintenance man on site eight hours
per day and have the janitor on a four, ten-hour per day schedule. Chairman
Smith said the Courthouse will be open 9:00 a.m. to 5:00 p.m., on Fridays
for court business, and 8:00 a.m., to 6:00 p.m., Monday through
Thursday.
Assessor Dave Ryals joined the meeting.
Chairman Smith said during times of court trials the bailiff comes in early to set up. The last hour of the day from 5:00 p.m., to 6:00p.m., was in question, but the janitor is on the premises anyhow. The only problem he sees now is the recording. Chairman Smith said he personally is not benefiting by this change, and it may not be a huge savings, but it will benefit the employees some. Issues for the title companies have come up. Chairman Smith asked if there was a law that recordings have to be available and he said another issue brought up is that it was possible to make or break a property sale if the contract could not be recorded by a certain number of days. It was said that was possible. Commissioners mentioned if there is a necessity to record documents and it is not a long and drawn out process, it could be handled by cross training the court clerks to do that particular task. Commissioner Dinning said he spoke to Carolyn Carlson from Community Title and it was indicated if there was just a one hour time slot on Friday that would suffice so recordings don’t have to be done all throughout the day. The title company representatives said if their clients have refinance documents that are signed, the first day to sign and record would be on a Friday. If the Courthouse was not open, rate locks may have to be extended and that cost would be extended to a Boundary County resident as the title company would not pick up the cost for the extension.
Clerk Poston said if recordings were offered on Fridays for a one-hour time slot, her staff could receive the information, date stamp the document, and the document could be recorded on Monday. Ms. Delaney said she doesn’t have a problem with that; however the title companies don’t always get their wires in until approximately 2:00 p.m. or 3:00 p.m., so her concern would be if the hour slot could be as late in the day as possible. Clerk Poston said that could be worked out. The employees handling this task would be an existing deputy clerk who could date stamp the paperwork in, but an instrument number wouldn’t be obtained until Mondays. Ms. Delaney said she spoke to Blaine County and they found it difficult to work on and have found many situations where deals are compromised. Ms. Holmes said her office also works four day work weeks, but they works split shifts so half of the staff have Mondays off and the other half have Friday’s off. Chairman Smith said that option was put out there to the employees, but was not well received. Assessor Ryals said the problem was there isn’t enough staff to cover duties and services. Ms. Delaney said there are other smaller issues, but that doesn’t affect the customer or clients as it is more in-house. Clerk Poston said information won’t be available because people will come in and need a lot of assistance in research. Assessor Ryals mentioned the possibility of placing a computer out for the public on Friday. Ms. Holmes said the realtors who request listing packages wouldn’t have those available, but she is willing to work with that as long as the Courthouse is willing to take their documents on Fridays. Chairman Smith said public notice would be published in the newspaper informing the public this schedule would run through the end of the fiscal year, but the county elected officials would review how the schedule is working sometime in July.
Clerk Poston presented a small form to those present and said this form would be used for the title companies for the Friday schedule as their accounts are already set up. If someone wanted to record a statement or affidavit they would have to come back on Monday, according to Clerk Poston.
The meeting ended at 11:50 a.m.
Commissioners
recessed for lunch at 12:00 p.m.
Chairman Smith and Road and Bridge Superintendent Jeff Gutshall conducted a road tour to review various projects of Road and Bridge.
There being no further business, the meeting recessed until tomorrow morning at 9:00 a.m.
***Tuesday, March 2, 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., Solid Waste Superintendent Claine Skeen joined the meeting to give the departmental report.
Mr. Skeen informed Commissioners the roll off containers should arrive this week and one container will be placed at each monitored site to be used for old mattresses, etc. Mr. Skeen said to his knowledge, he has not heard any news about what the City of Bonners Ferry is going to do about recycling except through the press. Chairman Smith said at the last meeting, he recalls saying the city needs to come back to the county with their response or solution. Commissioner Dinning said it has been three years that the county has been dealing with the city on this issue and there still has been no response. Commissioner Dinning said this is the city’s garbage and the Department of Environmental Quality (DEQ) has also said it is the city’s garbage and the city needs to come up with a plan to figure it out. Commissioner Dinning said people in the community have told him they are getting upset about carrying this out for the city. Mr. Skeen said we are all Boundary County residents and it has been three years in the making for the City of Bonners Ferry to do something and the city could have had something done in two and one-half year’s time. Mr. Skeen said if he had a plan for the city, he would put out more drop spots within the city. The same things are being said over and over again and the county is still just waiting on the city and the long and short of it is the matter will still affect Boundary County residents. Chairman Smith said he specifically asked Mr. Boorman if Ron Frederickson has gone far enough to equip his truck that he is going to recuperate the costs by increasing fees and Mr. Boorman said no, Mr. Frederickson wouldn’t have to do that. Commissioner Dinning said, except Mr. Frederickson bought equipment for his truck with the anticipation of recycling.
Commissioner Dinning said he thanks those in the city that do recycle. Mr. Skeen said every city resident pays a solid waste fee so he feels he should help them out. The city’s portion of the bill is to pay the operation of the landfill and Commissioner Dinning said he thought he was pretty explicit the other night during the meeting. Commissioner Dinning said he doesn’t want to create a war he just wants to get this going. Chairman Smith discussed the difference in what he pays as a city resident and what a county resident pays. With what Mr. Skeen pays as a county resident, he can either take his garbage to a drop site or to the landfill. A city resident has that same option and the city can say the city resident can do that if he wants to, but they are still going to be charged because the city has someone who will pick it up. Chairman Smith briefly mentioned solid waste fees for the city and county residents and Mr. Skeen said the county has to be careful as county residents still have to drive to the sites. Chairman Smith said except for part of the landfill closure, if the city can’t get their act together to help keep trash out of the landfill, one solution is to not take their trash anymore and let them take it to Bonner County, but the city resident will still be charged for the closure fee. Commissioner Dinning said there is a way to address the issue, which is to not accept garbage from the city residents unless they choose to come up and sort their recyclables the way the county requests and then they can pay a fee to the county at the gate. Chairman Smith questioned if the city takes two or three loads to Bonner County and the county will continue what it’s doing now. Commissioner Kirby said the county could inform Mr. Frederickson the landfill won’t take the garbage he brings in unless it is broken down for recycling.
Commissioners spoke to Attorney Robinson via telephone at 9:27 a.m.
Commissioner Dinning moved to go into executive session under Idaho Code 67-2345(f). To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 9:31 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.
9:40 a.m., Chief Deputy Clerk Tracie Isaac briefly joined the meeting to discuss hiring matters concerning the landfill.
The meeting with Mr. Skeen and Chief Deputy Clerk Tracie Isaac ended at 9:41 a.m.
9:41 a.m., Restorium Administrator Karlene Magee, Restorium Board Chairman Larry Dirks, and Friends of the Restorium member Ozzy Osborn joined the meeting.
Mr. Osborn informed Commissioners he no longer needs to request gravel for the greenhouse at the Restorium. Those present discussed granite stone marker for the entrance to the Restorium. Mr. Dirks said the large tree that is currently in the spot designed for the stone will hopefully be removed next week. Mr. Dirks discussed where the stone would be placed and how the cost would come out of the Restorium Memorial Fund. The company providing the stone is requiring half of the cost in advance. The total cost is $1,677.56.
Commissioner Kirby moved to expend $1,677.56 out of the Restorium Memorial Fund for the purchase of a granite marker to be used as an address sign for the Restorium. Chairman Smith yielded the chair to second. Motion passed unanimously.
Commissioners informed those present of the process of declaring county equipment surplus and transferring the surplus to another government entity.
The meeting with Mr. Dirks, Mr. Osborn, and Ms. Magee ended at 10:00 a.m.
10:00 a.m., Chief Probation Officer Jackie Bacon joined the meeting to give the departmental report.
Commissioner Dinning asked Ms. Bacon how many juveniles and adults are on probation that the Probation Office interacts with. Ms. Bacon said there are 60 juveniles and 70 adults on probation that her office interacts with and there is another 150 people that are unsupervised, but the Probation Office has to make sure the probationers are completing their counseling.
10:01 a.m., Commissioner Dinning moved to go into executive session under Idaho Code 67-2345(b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 10:10 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.
Ms. Bacon thanked Commissioners for being easy to work with. Ms. Bacon left the meeting.
Commissioners discussed a survey the city would like the county to participate in. Commissioner Dinning said the city can’t even come up with enough money towards recycling, but they want the county to participate and to fund a major portion of a survey that will mainly benefit the city, with some benefit for county residents. Fredricksons Bonners Ferry Garbage could be doing recycling that they are asking Mr. Skeen to do, according to Commissioner Dinning.
Commissioners tended to administrative duties.
Deputy Clerk Nancy Ryals joined the meeting at 10:30 a.m.
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 review indigent application #2008-31 again in July 2010 for reimbursement purposes. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to deny indigent applications #2010-36, #2010-34, and 2010-33 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Nancy Ryals left the meeting at 10:53 a.m.
Boundary County Emergency Services Director Dave Kramer, Incident Commander Bob Graham, Kootenai Tribe of Idaho Biologist Sue Ireland, Kootenai Tribe of Idaho Facilitator Patty Perry, City of Bonners Ferry Administrator Stephen Boorman, and Assistant Administrator David Sims joined the meeting to discuss information on the vegetation variance as it pertains to the river levees.
Mr. Boorman said a draft letter regarding Boundary County’s levees and the vegetation variance has been put together and it is open to changes. Mr. Boorman said the Seattle District Corps of Engineers Office deals with greenery and they have a long standing variance with vegetation management. After Hurricane Katrina the Corps has been under a lot of political pressure and is moving towards the national focus by not allowing variances like they used to. This change would remove the long standing variance and would go to with the national standards. Chairman Smith said there is a standard now, which tells what type of vegetation is allowed on the dike. There is variance from the Seattle Office that is less restrictive than the national standard. Commissioner Dinning said as it sits today, there is a standard, but the Corps of Engineers Office in Seattle has the ability to grant a variance. The only dikes under the plan are within city limits. Mr. Graham said this letter is appropriate for the city, but unfortunately in the county’s case, Boundary County is in need of a different position. The city needs to keep the river banks up to standards however; the county has an entirely different need. The new procedures the county is being asked to comment on are going to be federal in nature. Nationwide, the only variances allowed are under new regulations. The only way to get a variance once the rules go into effect is for the city or county to appeal to the Seattle office for a variance. In the county’s case, a request for a variance has to be by drainage districts and by dikes, not countywide. If the Seattle office agrees to a variance, the Seattle office submits the request to the regional office that then has to agree and submit the recommendations to the federal office. Mr. Graham said that is bureaucracy that would be very difficult to work through time-wise. Mr. Graham said he thinks the city needs to keep their standard up so the two banks in the city are under the Corps’ standard. The county needs to respond to this matter and he supplied examples. The county needs a difference approach as the county’s dikes will never meet the Corps’ standards and it would cost a fortune to the districts to bring them to standards. The agricultural areas can’t even afford that. If the county brought dikes to current standards, the agricultural interests stand the risk of higher flows and that affects those areas considerably as the threat of higher waters means surface water flooding. Mr. Graham said that is where millions of dollars of damage occurs. From the county’s standpoint a different response is needed. The drainage districts will never meet the standard and that could only happen if the federal government were to step in and finance that and that probably won’t happen. Mr. Graham said if that were to happen, unfortunately it would set the county up for higher flows. Mr. Graham said he suggested allowing for more flexibility than the federal rules allow nationwide, and to leave a variance in our case, for the entire county not district by district. Final approval for any variance should remain with the Seattle District Office.
Mr. Boorman said there is a district office and a regional office. Mr. Graham said when it was explained to him just this morning, there may be three or more levels of approval. Commissioner Dinning said the city has asked the county to support their version and Mr. Graham said the county should. Commissioner Dinning said ultimately these standards in place both now and proposed eliminate the big shade trees the county has historically had and needs. The county has all of the sensitive species in the river and this would have an adverse affect so that needs to be communicated to the Corps’ Office as well. Mr. Graham said the new regulations wouldn’t allow anything over two inches and woody plants. Mr. Kramer said no trees or shrubs would be allowed within 15 feet of the levee toes. Ms. Ireland said she hasn’t spoken to the Tribal Council yet, and she wanted to get fully briefed. Ms. Ireland said she is concerned about removal of vegetation while doing the Kootenai River restoration and there needs to be flexibility that national standards didn’t allow. Ms. Ireland said as far as a letter she needs to talk to the Tribal Council about it, but she would recommend the council support it. Mr. Boorman said the letter needs to be sent in by March 11, 2010.
Chairman Smith said he is hearing a lot of concerns outside of the draft letter and he asked if a second letter would be more beneficial. It was said potentially, the county may want to send a separate letter stating their individual concerns. It was said the bullet points listed in Mr. Boorman’s draft letter could be agreed upon. Chairman Smith said hopefully the letter will be approved by the Tribe when the Tribal Council meets on Thursday. Commissioner Dining said he would like the city council to approve the letter prior to the county approving it. Mr. Boorman said if he drafted a letter encompassing all concerns, he could list all five council members, three commissioners, etc., and he feels it may carry more weight. One letter showing the whole community may work better.
Mr. Kramer spoke of having State representatives support it and Bureau of Homeland Security Local Area Field Officer Jay Baker asked to share this information with other emergency services. Chairman Smith said he is going to the magistrate’s meeting tomorrow and the District I county commission chairs will be there as well. Chairman Smith said this is something that needs to be done right away so commissioners could make a motion agreeing to sign the letter after the Kootenai Tribe and the City of Bonners Ferry have endorsed it and those present felt Monday was fine.
Ms. Perry said she would mention the need for flexibility for the river restoration so it might be better to work with the county to incorporate those important issues from the different entities. Mr. Boorman said there is value to having one letter and if anyone wants, they can send in points for inclusion. Commissioner Dinning said Mr. Graham mentioned the county doesn’t want to see a countywide variance and Mr. Graham clarified he would much rather prefer a variance countywide. Commissioner Dinning said he doesn’t want to seek a variance as that would be detrimental right now. It was said the lower level of the Army Corps of Engineers feel everyone should make a response to thwart the federal government’s move to do this, but the higher levels think it is a waste of time. Ms. Perry said Senators Jim Risch and Mike Crapo should receive the same letter. Commissioner Dinning said a letter would be prepared for all entities with input from Mr. Graham and the Kootenai Tribe. Senator Shawn Keough, and Representatives George Eskridge and Eric Anderson should also be made aware. The letter will be addressed to the Corps of Engineers with a copy to all federal legislators, according to Mr. Boorman. Ms. Perry suggested obtaining letters of support from legislators. Mr. Graham, Mr. Kramer, and the Tribe will meet with Mr. Boorman on this letter. Mr. Boorman said he would like to be able to get answers from the Seattle District Office. Mr. Graham said the Corps officials agree with him that the city needs to stay within the standards.
Ms. Perry said from the Tribe’s perspective, she thinks the counties should do the same in their own realm.
Mr. Graham informed Commissioners the Governor sent a letter to the Colonel supporting the slough activities, however the Corps turned down the county’ request, but have agreed to provide technical assistance to reach a solution and will help provide flood fighting assistance.
Mr. Kramer informed Commissioners the State did send in the application for the early warning system.
Commissioner Dinning said he is concerned about various processes that could also involve the city, but the mayor may not be available. Commissioner Dinning asked if the city ever sees documents that need to get to the mayor. Mr. Boorman said if letters can get copied to the city clerk it will get where it needs to go. Commissioner Dinning said there is starting to be disconnect with the city and it needs to get corrected. Ms. Perry asked if the technical assistance representative with the Army Corps of Engineers could also communicate with Ms. Ireland.
The meeting ended at 11:37 a.m.
Chief Deputy Treasurer Sue Larson joined the meeting at Commissioners’ request to briefly clarify tax deed matters scheduled for later in the day.
Chief Deputy Sue Larson left the meeting at 11:50 a.m.
Commissioner Dinning moved to grant an extension of time to pay year 2009 taxes on parcel #MH60N01W233156A until March 25, 2010. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to grant an extension of time to pay 2006 year taxes on parcel #RPM0740002002BA until March 5, 2010. Commissioner Kirby second. Motion passed unanimously.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a tax deed hearing. Present was: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Chief Deputy Treasurer Sue Larson, Deputy Clerk Michelle Rohrwasser, and Donna Capurso. The hearing was recorded.
Commissioner Dinning moved to tax deed the following parcels: (1) RP61N01E337210A in the name of One Information Systems, Inc., at 2424 Pioneer Ave., Ste #405, Cheyenne, WY 82001; (2) RP002700020010A in the name of Thomas R. Tait, at 1630 S. Torre Molinos Circle, Tempe, AZ 85281; and (3) RP62N02E244211A in the name of Dennis R. Voigt c/o Torrey Voigt at 701 Stephens Ave., Missoula, MT 59801. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning said for the record the Treasurer’s Office has completed the process for tax deeding and has done everything legally required. Chief Deputy Treasurer Sue Larson confirmed.
Commissioner Dinning moved to continue the tax deed hearing for the following parcels to July 15, 2010 as the property owners were granted extensions of time to pay to taxes on the properties: (1) RP60N01W288401A in the name of Joseph A. Duginske at P.O. Box 191 Naples, ID 83847 (2) RP60N01W238840A in the name of John J. Hannigan at 494082 Highway 95, Naples, ID 83847 (3) RP60N01E054862A in the name of Lani Kirby-Christiansen at P.O. Box 223 Eastport, ID 83826 (4) RP61N01E119461A in the name of Walter L. Merrifield at 6478 East Van Buren #6, Bonners Ferry, ID 83805 and (5) RPM0740002002BA in the name of Estaline E. Reader at P.O. Box 2069 Bonners Ferry, ID 83805. Commissioner Dinning said parcel #RP60N01E067525A in the name of Mickey and Sally Marble had been granted a hardship exemption and the only fee remaining to be paid is to the Idaho Department of Lands. The county civil attorney has advised the county is not able to tax deed this parcel for that fee owed. Parcel #RP64N02E238691A in the name of Clifton C. Turek is not able to be tax deeded at this time as the required process for tax deeding has not been started. Commissioner Kirby second. Motion passed unanimously.
Chairman Smith said the property owners of these parcels have the opportunity
to redeem their property by paying their delinquent taxes within 14 months.
Commissioners amended the original date to continue the tax deed hearing to
Monday, July 19, 2010 at 1:30 p.m., as the date originally set was a day that
Commissioners did not meet.
The tax deed hearing ended at 1:44 p.m.
Commissioners tended to administrative duties.
2:25 p.m., Clerk Glenda Poston joined the meeting.
2:29 p.m., Donna Capurso left the meeting.
It was said the county received the notice of award for the Energy Efficiency Conservation Block Grant (EECBG), but the amount requested for grant administration was cut almost in half. Commissioner Dinning said he spoke with Grant Administrator Nancy Mabile with Panhandle Area Council (PAC) and she has already gone to see if PAC could administer the grant for $10,000, but PAC said they wouldn’t negotiate on this grant. There are seven different sites in this grant, which consists of four grants. Due to Davis Bacon, there are additional documents involved and PAC officials cannot reduce the administration costs so the county has to figure out how to raise more money. Clerk Poston showed Commissioners correspondence from Ms. Mabile showing the amount shorted for administration totaling $10,429.00. The actual amount awarded for administration was $9,571. Commissioner Kirby said the entities involved have always been under the impression the administration of the grant would come out of the grant.
2:38 p.m., Bonners Ferry Herald Reporter Gwen Albers joined the meeting.
Commissioners discussed having Commissioner Kirby contact the other entities involved in the grant to get together in order to work on a solution.
Clerk Poston left the meeting at 2:40 p.m.
Commissioners tended to administrative duties.
3:00 p.m., Jeff Stankiewicz joined the meeting to discuss the militia with Commissioners. Also present was: Donna Capurso, Gwen Albers, KPND Radio News Reporter Mike Brown, and Leslie Schoffstall.
Mr. Stankiewicz said he scheduled a meeting with Commissioners to see if Commissioners had any questions for him as the rumor mill is crazy. Chairman Smith said one month ago, there was an article on the militia stating the number of militia members was down. Subsequently, a county taxpayer called and felt Commissioners needed to make a statement on their position of the militia and the media outlet happened to be in the office so they also contacted Ms. Albers. Chairman Smith said in response to the citizen’s request for a statement, his personal feelings are that the Sheriff’s Office, the Bureau of Homeland Security, and Emergency Services have been working for years now to make sure Boundary Search and Dive Rescue have all the equipment they need. However, if one of those agencies were overwhelmed, there is enough rapport with the other agencies that help would be provided. Chairman Smith said he is former law enforcement and he tends to feel what the county’s capabilities are. Chairman Smith said when people talk to him on the street the feeling is a militia isn’t needed. Mr. Stankiewicz said he had heard the information from Ms. Albers. Commissioner Dinning said he felt everyone has a right to form a group provided it can’t be illegal. Commissioner Dinning said he understands Mr. Stankiewicz’s group may be a community service group, but the term “militia” concerns people. Mr. Stankiewicz said it was suggested to him that he should change the name of the group. Mr. Stankiewicz said people have the wrong understanding of a militia from the 1990’s where private paramilitary groups were radicalized. That is where some militia groups went bad. Some groups were racist based and some were religious based. The Michigan Militia works alongside their police departments and some militia groups will help in storms by cutting trees off the roads, etc., according to Mr. Stankiewicz. Mr. Stankiewicz said the main thing is this militia is not a group and no one joins them. This militia is not a separate and private organization. All officer positions are just job descriptions and those are voted on. Mr. Stankiewicz said he has been shooting for the corporal position. There are other counties working involved in the militia and these are EMT’s, firemen, ex-military, etc., and these people felt he has been doing well organizing. It was said this is a volunteer organization. Commissioner Dinning asked Mr. Stankiewicz if the government recognizes the militia and Mr. Stankiewicz said he has sent a letter to the Governor and other people have called, but have been unable to get a response one way or another. Mr. Stankiewicz said the Governor has no connection to any militia organization. Commissioner Dinning said in this case, the Governor has chosen to not recognize the organization. Mr. Stankiewicz said in the Constitution everyone is in the militia. In the Constitution it says “shall” the same as it does for education. Commissioner Dinning asked what has been the response of the legislature. Mr. Stankiewicz said the legislators he has spoken to have been supportive, but no one has been willing to put anything up to the State.
Attorney Tim Wilson joined the meeting.
Commissioner Dinning asked what the need is for more militia members. Mr. Stankiewicz said if there is an emergency and there is a need for more members, the feeling is it would be good to have some sense of an organization ready. Mr. Stankiewicz explained how Search and Rescue calls upon the community should they need help and he said wouldn’t it be better to at least have people trained. Chairman Smith explained that Search and Rescue is authorized under the Sheriff’s Office. Mr. Stankiewicz said he has tried for a long time to meet with the Sheriff’s Office. Chairman Smith said Mr. Stankiewicz’s only hope would be for the Governor to call him out as the Sheriff hasn’t responded. Commissioner Kirby said he is standing behind what was written in the newspaper. Mr. Stankiewicz said he is not a supplement to the police department or taking over law enforcement, and the militia is not a threat, or going against the government. They are just guys. Chairman Smith asked if anyone present wanted to comment.
Attorney Tim Wilson asked if there was insurance or bonding for this organization. Mr. Stankiewicz said there is no organization. Attorney Wilson said if this is not an organization is it a loose grouping of people. Mr. Stankiewicz said it is just a group of people and we’re already a militia due to the Constitution. Attorney Wilson said there is no bonding or insurance so has anyone checked to see if this militia was called out to serve would they be covered under the Idaho Tort Act. Mr. Stankiewicz said it would be listed in Idaho Code. Attorney Wilson said his questions would just be related to bonding and insurance. Mr. Stankiewicz said the militia had a booth at the gun shows as well as the fair and he understands if people didn’t support the militia, but at least 95% of the people that came by the booth showed support and were happy the militia was here. Mr. Stankiewicz said some comments were made that the county already has the National Guard.
Ms. Schoffstall said the Sheriff is an elected official and it is not right for him to not respond and not return a phone call. Ms. Schoffstall said it is extremely rude and tax payers give the Sheriff his paycheck as with the Commissioners and she feels the Sheriff has an obligation to respond. It was said the Commissioners allow the Sheriff on the docket. Chairman Smith said Commissioners do not supervise the Sheriff so they don’t have control over the Sheriff. Commissioner Kirby said the Sheriff is a unique person in the scheme of things.
Ms. Capurso said one can never be too prepared for an emergency. Ms. Capurso explained that in California, a plane had crashed in the middle of the city, and she listed those involved in the incident and said that was still not enough help. Ms. Capurso said if you’re prepared for the worst case scenario, it may not happen and that was only one example. Chairman Smith said his comment back is he feels the county is prepared. Commissioner Dinning said the county has the Emergency Operations Plan in place and it goes right up to the Governor.
The meeting ended at 3:20 p.m.
There being no further business, the meeting adjourned at 3:40 p.m.
_________________________________________
RONALD
R. SMITH, Chairman
ATTEST:
_______________________________________
GLENDA POSTON, Clerk
By:
Michelle Rohrwasser, Deputy