***Monday, August 16, 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., Civil Attorney Louis Marshall joined the meeting.

Commissioner Dinning moved to amend the agenda for 9:00 a.m. to discuss signing a letter of support for Tiger II funding for the McArthur Lake Project as it is time sensitive. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to sign the memorandum of understanding and letter of support for the Idaho Transportation Department, Tiger II Grant for the McArthur Lake Project. Commissioner Kirby second. Motion passed unanimously.

Commissioners and Attorney Louis Marshall briefly discussed the proposed public defender’s contract.

9:12 a.m., Commissioners held the continuation of the public hearing on Planning and Zoning Application #10-010 Carbo Trading by Applicant Pat Carson. Present were: Commissioners, Planning and Zoning Administrator Mike Weland, Applicant Pat Carson, Attorney Louis Marshall, David Rodriguez, Vera Kennedy, Dessa Sandelin, Josh Sandelin, and Deputy Clerk Michelle Rohrwasser. The public hearing was recorded.

Chairman Smith stepped down to let Commissioner Dinning chair the hearing as he had not been present at the first public hearing. Chairman Smith left the meeting. Commissioner Dinning asked Mr. Carson for an opening statement.

Mr. Carson said he has worked on this project a lot and wrote a letter, which he read into the record. Mr. Carson’s letter states after legal and moral counsel, he has decided to continue with his original rezoning request based on the following: (1) In 1967, Bill Mackey started a campground at Blue Lake. (2) Planning and Zoning and Commissioners at some point in time had designated this strip of land along Highway 95 south of Naples, Idaho to be offered as a place for commercial growth. (3) Since then, all three adjoining neighbors have bought their property knowing that Blue Lake had been grandfathered commercial since 1967.  Over the years, many surrounding land owners have exercised their residential rights (under offers set forth by the county) to split off their residential land into smaller lots. (4) Mr. Carson said he doesn’t feel his situation is any less unique, except from a commercial standpoint. Mr. Carson said his request for official designation was offered by the county for benefits set forth by Planning and Zoning and the Commissioners some years ago, and he understands why. (5) In the one and one half years he has run Blue Lake as a campground, he has lodged over 6,000 nights to campers who have spent tens of thousands of dollars in the area, a few having stayed and brought homes in Boundary County. Mr. Carson said he donates to and sponsors the local community, and is a fiscally and environmentally responsible member of the community. Mr. Carson said he works hard to make Blue Lake a beautiful representation of North Idaho to tourists. (6) Mr. Carson said he hopes the current Planning and Zoning Commission and Commissioners will agree that granting this request will be a benefit to the economic growth of Boundary County. 

Mr. Weland said the purpose for the campground is to allow for the continued use of the business. The Planning and Zoning Commission recommended approval by a vote of three to one. There was never any real detail except requesting the zone map amendment, according to Mr. Weland. Commissioner Dinning offered the public a chance to give testimony.

Vera Kennedy said she still doesn’t want the property to be zoned commercial. David Rodriguez said his stance stays. Dessa Sandelin read a letter written by Paul Sandelin and Denise Sandelin, who could not be present.
 
Mr. Sandelin wrote that he apologized for not being able to be here in person, but doubted what he had to say will do much good anyway. Mr. Sandelin said he has attended four meetings on this application now and finds it hard to believe that it continues to carry on. Mr. Sandelin said he finds it appalling the support for this planning change by Mr. Weland and his vigorous efforts to push it at every meeting in spite of all neighbors being opposed and the devastating impact it could have on the neighborhood. All of this area is zoned 10 acre minimum and Mr. Sandelin states he would like it to remain that way. Mr. Sandelin requested Commissioners take into consideration the interests of all bordering neighbors and deny Mr. Carson’s zone change.

Denise Sandelin wrote that she also apologizes that she could not attend this meeting, but her feelings have not changed on the subject of allowing Mr. Carson to commercialize the rural neighborhood. Ms. Sandelin requested Commissioners deny the zone change as she knows that it isn’t in the best interest of the surrounding neighbors.

Mr. Weland said in referring to the staff report, it is a matter of if the application fits with the comprehensive plan. There were concerns raised and the greatest concern is reducing lots to one-quarter acre lots. Commissioner Dinning said these concerns were raised at the Planning and Zoning hearing. The findings found the parcel has been used as an RV park, the nature of this use is compatible with surrounding uses, the use will not be detrimental, and there is no adverse impact to the delivery of public services.

Commissioner Dinning closed the hearing to public comment and discussed the application with Commissioner Kirby. Commissioner Kirby said it appears to him to make no difference to change the zone from being grandfathered. Commissioner Kirby said he doesn’t know where the county has backed off from a grandfathered used. Commissioner Kirby said he feels there will be no difference. As far as cutting the property into lots, there are a lot of reasons it won’t happen including the septic issue. Commissioner Kirby said he doesn’t see the difference and he feels this property should be zoned commercial if this is what the applicant is doing. Commissioner Kirby said this property has been used as a commercial zone for the last 20 years. Commissioner Dinning said from what he is observing, to grandfather the existing use, the county has no legal means to not allow that use. The concern raised is the potential for a much heavier development. Commissioner Dinning said Commissioners do understand the concerns of the neighbors, but have to approve what is allowed in the ordinance. Mr. Weland said in 2002, when Planning and Zoning reviewed the comprehensive plan it was determined that strip of land along Highway 95 was suitable for commercial use, but it was decided not to do anything with it. Attorney Marshall said Commissioners have more discretion on zone changes than other applications. If the application is found to be in accordance, the county basically has to allow a zone change so that burden has been met, according to Attorney Marshall. Commissioner Dinning said since Planning and Zoning has found this use to be compatible that is what the county is looking at.

Commissioner Kirby moved to uphold the Planning and Zoning Commission’s decision to grant a zone change for parcel #RP60N01E064500A from agriculture/forestry to rural/community/commercial for application #10-010, Carbo Trading Company. Commissioner Dinning second. Motion passed. 

Commissioner Dinning said he wanted everyone to know there isn’t the ability to be arbitrary, there is an ordinance to follow, and he wishes Commissioners could make everyone happy. Commissioner Kirby said he generally tries to do the best for the county and he feels the county does need to move in these directions. Planning and Zoning has worked hard on these issues, according to Commissioner Kirby. Commissioner Dinning said this decision is based on the ordinance and comprehensive plan.

The public hearing ended at 9:30 a.m.

Commissioner Kirby moved to approve the minutes of August 2 & 3, 2010. Commissioner Dinning second. Motion passed unanimously.

Chairman Smith returned to the meeting.

Commissioners and Attorney Marshall reviewed the expense history for the conflict of interest budget for the county’s public defenders and discussed the public defender contract. Chairman Smith said if Commissioners are looking at offering the public defenders a raise, he is totally opposed to that. Commissioner Kirby mentioned two of the public defenders stated they would be interested in benefits if they weren’t offered a raise. Chairman Smith mentioned offering an increase of $1,500 for a total of $32,500 for each public defender.

Commissioner Dinning moved to continue the bid decision for the airport AWOS and fence project to this afternoon at 3:30 p.m. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to reappoint the following members of the County Noxious Weed Board: Phil Allegretti with a term to expire August 2012, and Dave Wattenbarger, Tom Roy Cowley, Dennis Ponsness, Tim Dillin, Mike Hubbard, Patrick Gardiner, and Ervin Madson, all with terms to expire May 2012. Commissioner Dinning second. Motion passed unanimously.
Commissioner Dinning moved to amend his prior motion pertaining to the reappointment of members of the County Weed Board to change the expiration dates for all terms to January 31, 2012. Commissioner Kirby second. Motion passed unanimously. 

9:55 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall presented a written report.

Commissioner Dinning moved to cancel fees for year 2009 totaling $133.84 on parcel #RPB0240010001BA as the building is vacant and should not have been charged a solid waste fee and translator fee. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning informed Mr. Gutshall the back portion of a property on Crescent Road has an easement that isn’t continuous and he asked Mr. Gutshall to check into it.    

Mr. Gutshall said Perkins Lake has been flooded for most of the summer, but Road and Bridge doesn’t have any control over what is causing that. Commissioner Dinning questioned what has raised the level of the lake and Mr. Gutshall said there are beaver dams and private properties that he has no control over.

Mr. Gutshall said Road and Bridge has developed a plan to fix the Deer Creek Bridge, which is on the way to Perkins Lake. The bridge is made of old timbers that have some rot. Mr. Gutshall said he will have to put this on the schedule. Mr. Gutshall informed Commissioners Road and Bridge is replacing the damaged guard rail on the Moyie River Bridge at Placer Creek.

Mr. Gutshall said he will work on the Deer Creek Bridge, which will cause a closure for possibly one week. It was suggested Mr. Gutshall be sure to coordinate the closure with the Kootenai Tribe. Mr. Gutshall said this won’t be until the week of September 20, 2010, but he will let everyone know.

Mr. Gutshall said there are some problems with the crusher. The entire liner needs to be pulled out, which will require a crane.

Mr. Gutshall left the meeting at 10:20 a.m.

10:30 a.m., Commissioner Dinning moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 11:30 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to take the matter of the appeal hearing for indigent 2010-41 under advisement with a date to be determined. Commissioner Kirby second. Motion passed unanimously. 

11:30 a.m., Commissioner Dinning moved to go into closed session under Idaho Code 31-784. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 11:42 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Dinning second. Motion passed unanimously.

Commissioners recessed for lunch at 11:50 a.m.       

1:30 p.m., Commissioners met in regular session with Chairman Smith, Commissioner Dinning, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., County resident Larry Devore and Sheriff Greg Sprungl joined the meeting.

Larry Devore met with Commissioners to discuss issues with road kill, mainly deer, being left on county roads. Mr. Devore said he has removed these animals himself and he would do it again if necessary. Mr. Devore said approximately one month ago he had to contact the Sheriff’s Office about a dead animal on the road and from there he has spoken to Greg Johnson and the Department of Fish and Game about picking up the animal and was informed by everyone that it wasn’t their responsibility. These animals will lie on the county road for a long time, according to Mr. Devore. Mr. Devore said he wishes people would step up to the plate and do something as it is uncalled for and bad “PR” for the county to see these dead animals lying on the road for two or three weeks. Mr. Devore said he doesn’t know what the solution is and he would help, but after a couple of days who wants to deal with it. Chairman Smith said the Ministerial Association has dealt with this, but it was the Department of Fish and Game that would pick the animal up. Mr. Devore said now statewide, the Department of Fish and Game will not pick up these animals. Commissioner Dinning informed Commissioners that Mr. Devore had contacted him about this some time ago, and the Sheriff’s Office said they had contacted the Department of Fish and Game as well as Road and Bridge. Commissioner Dinning said the Department of Fish and Game used to pick up these dead animals for the county, but changed their policy this year to save money. Commissioner Dinning said by law, people can’t salvage these animals. Mr. Johnson with the Department of Fish and Game said he still contacts people outside of Fish and Game to pick up these animals unless they are not salvageable or are rancid. The Sheriff’s Office does remove a dead animal from the road, but not from the area, according to Sheriff Sprungl. Sheriff Sprungl said if it is a fresh carcass, but not good for human consumption, he will contact Ken English for Mr. English’s Birds of Prey program. Mr. Devore said he wasn’t aware of this program and isn’t sure if anyone else is. Sheriff Sprungl said the state will remove these animals off the highway. Mr. Devore said there just isn’t funding for this.

Chairman Smith said there are 44 counties and there are probably similar conversations so maybe Commissioners can have this issue added to the agenda for the Idaho Association of Counties (IAC) meeting. Mr. Devore said he was told by the state they are working on a policy that if someone hits a deer, etc., they are allowed to take it. It was said the problem with that is if someone has poached an animal and there is an inspection, the person could claim the animal had been road kill. Commissioner Kirby asked Sheriff Sprungl how many calls the dispatch center gets for deer that have been hit and Sheriff Sprungl said his office receives a lot of phone calls about this. The state has used a hoist system to remove animals off the highway, according to Sheriff Sprungl.

Mr. Devore said getting back to Ken English, maybe if someone knew about his birds that could help. Sheriff Sprungl said generally a deputy will take a look to see if the animal is salvageable. It was said Ronnie Eggers and her husband used to pick up these animals and they did so as volunteers using their own gas. Sheriff Sprungl said this couple is still doing this in the winter, but not summer.

The meeting with Sheriff Sprungl and Mr. Devore ended at 1:50 p.m.

2:00 p.m., Tom Mayo and Chief Deputy Treasurer Sue Larson joined the meeting to discuss Solid Waste fees. Those present discussed reducing fees by 10% or by 12%. The category of larger retail stores consists of Safeway and whatever business goes into the old Safeway building, but Ms. Larson said she isn’t sure about Larson’s fitting into that category. Chairman Smith said since all garbage will now be weighed and the tonnage has been reduced to approximately 14 tons per day, the benefit ought to get to the public. Chairman Smith said he thinks the public ought to be rewarded for the recycling efforts and reduce the fees by 12%.

Solid Waste Superintendent Claine Skeen joined the meeting at 2:20 p.m.

Commissioners reviewed a draft of the totals of solid waste fees with a 10% and 12% reduction and how that works with the solid waste budget. Chairman Smith explained how taxes for a specific year don’t always come in during that year. For example, the hospital may expect to receive $100,000 in taxes, but only receives $90,000. Eventually, people pay their delinquent taxes and the hospital will receive the full amount at some point. Mr. Skeen said he has no issue with reducing the fees by 10%, but a 12% reduction reduces the leeway on the fee structure. Commissioner Dinning said he would prefer to lean on the conservative side so the landfill budget isn’t adversely affected. Commissioners and Mr. Skeen were in agreement to reduce solid waste fees by 10%.

Mr. Skeen said he spoke to the City of Moyie about a location for a manned dumpster site and was informed of five acres on Maas Loop near the pipeline. Mr. Skeen said he was hoping to get closer to the Deer Creek area. Commissioner Dinning said the Mesenbrink’s own a lot of acreage in that area so that could be a possibility.

Deputy Clerk Nancy Ryals joined the meeting.

Mr. Mayo said the City of Bonners Ferry sent a survey to city residents and so out of the first batch of surveys sent, 70% of the surveys have been returned. Mr. Mayo explained there is a three cycle billing so not all residents have responded yet. Mr. Mayo said in the comments, some people wanted curbside or a site somewhere in town, and other comments have been made stating how convenient the landfill has been.

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

Mr. Skeen said he did get a comment from City Administrator Stephen Boorman about the letter the county sent to the mayor requesting the city’s hauler to weigh his truck load. Mr. Skeen said Mr. Boorman felt the city residents already pay a fee, but it has nothing to do with that. Mr. Skeen requested any communication about this be made between Commissioners and the mayor. Commissioners agreed.

The meeting with Mr. Skeen ended at 2:40 p.m.

2:40 p.m., Commissioner Dinning moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve the request for follow up for indigent #2010-36. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to deny indigent applications #2010-64, #2010-62, and #2010-66. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to stipulate to hold off on the appeal process for indigent application #2010-53 to allow time for a deposition to be taken. Commissioner Kirby second. Motion passed unanimously.

 Commissioner Dinning moved to set reimbursement at $25 per month beginning March 2011 for indigent account #2009-34. Commissioner Kirby second. Motion passed unanimously. 

Deputy Clerk Nancy Ryals left the meeting.

Don Gunter, Inland Forest Management, met with Commissioners at 2:53 p.m., to provide an update on the Fire Safe Program. Mr. Gunter provided Commissioners with a report. Mr. Gunter said his target was 150 acres and that target has been met. Acreage was exceeded by nine acres and Mr. Gunter hopes to pick up more acres.

Mr. Gunter briefly discussed grants and he said when he applied for Western States monies totaling $300,000, that was one year ago and he wasn’t awarded that grant. Mr. Gunter said when he was at a Wildland Urban Interface meeting he asked the Idaho Department of Lands representative when funds were going to be awarded and learned other counties had been named as being awarded grants. Mr. Gunter said he did put in a request for fuels treatment work in areas up north near Round Prairie and Eastport. Chairman Smith said the Fire Safe Program is really doing a good job. Mr. Gunter said his average cost for last year was $777 per acre. Most work is done, according to Mr. Gunter.
Those present discussed the program in Shoshone County and how that county wanted an updated fire safe plan. Mr. Gunter had mentioned the possibility of him writing the plan, but that did not happen. Mr. Gunter asked if Commissioners could approve transferring the funds designated for the assistant manager to the manager as it is just himself. Chairman Smith suggested contacting Nelle Coler, as she is the grant administrator, to request this change.

Mr. Gunter left the meeting at 3:10 p.m.

Commissioners discussed the proposed public defender’s contract and Chairman Smith said he would like to suggest increasing each public defender’s salary to $32,500. The public defenders should also be informed the budget for conflicts has been reduced to $5,500 from $10,000. Commissioners said they would contact the attorneys to inform them of the offer. Chairman Smith said Attorney Serra Woods has already given her verbal acceptance, but Commissioners still need to hear from the other two attorneys.

3:25 p.m., Airport Manager Dave Parker joined the meeting. Commissioners and Mr. Parker discussed the process to sell the hangar that was donated to the county from General Feed and Grain.

3:30 pm., Commissioners continued the bid award for the airport AWOS and Fence projects. Present were: Chairman Smith, Commissioner Dinning, Commissioner Kirby, Deputy Clerk Michelle Rohrwasser, and Airport Manager Dave Parker. The bid decision was recorded.

Chairman Smith said he has two letters of recommendation to sign and send to Sandy Simmons of the Federal Aviation Administration (FAA). One letter refers to the AWOS system and the other pertains to fencing. Chairman Smith read the letters aloud. Mr. Parker and Commissioners discussed the process and proposed motion. It was said the award is contingent on funds from the FAA.

Commissioner Dinning moved to authorize the Chairman to sign the recommendation of award letter recommending Mild Fence Company for the airport fence project and to send the letter to the FAA. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to authorize the Chairman to sign the recommendation of award letter recommending Boundary Electric for the airport AWOS project and to send the letter to the FAA. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to authorize the Chairman to sign the notice of award regarding the airport fence project awarded to Mild Fence Company and to sign the notice of award regarding the airport AWOS system awarded to Boundary Electric. Commissioner Kirby second. Motion passed unanimously.  

Commissioner Dinning moved to authorize the Chairman or Acting Chairman to sign the Airport Improvement Project grant documents and to sign any future documents related to this grant. Commissioner Kirby second. Motion passed unanimously.

The bid decision ended at 3:45 p.m.

There being no further business, the meeting adjourned at 3:55 p.m.

    /s/
    RONALD R. SMITH, Chairman
ATTEST:

/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk