***Monday, August 23, 2010, Commissioners met in regular session with Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. Chairman Ron Smith was out of the office.

Commissioner Kirby moved to appoint Commissioner Dinning Acting Chairman in the absence of Chairman Ron Smith. Commissioner Dinning second. Motion passed unanimously.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. A written report was provided. Mr. Gutshall briefly discussed issues he is having with the crusher.

Mr. Gutshall presented Commissioners with the 2010 Roosevelt Project document summary. 

Commissioner Kirby moved to authorize the Acting Chairman to sign the Local Rural Highway Investment Program (LRHIP) 2010 Project Documentation Summary for the Moyie Highway (Roosevelt Road), Key #09263, Pavement Rehabilitation (3.6 miles) totaling $1,385,000. Acting Chairman yielded the chair to second. Motion passed unanimously.

Mr. Gutshall said he attended a pre-work conference on the Deep Creek paving project and many participants were there including Ruen-Yeager & Associates and David Evans & Associates. The project schedule submitted was to do soft spot repair and shoulder work this week, but that was set back as the Idaho Transportation Department (ITD) has to review matters at the headquarter level rather than the local level. Mr. Gutshall said the contactor has to publish the public notice and people will be available for flagging. Mr. Gutshall said phase II of this project consists of three miles and a larger part of this project will be completed in the second and third weeks in September.

Mr. Gutshall said when referring to phase II, this phase will go to bid this fall and there isn’t time to get any opinions for that meeting. This phase may be bid this fall, but it won’t be paved until next spring. Mr. Gutshall said he thought about printing an article about this process.

Mr. Gutshall said he has looked into the issue of the easement on Crescent Road, but he hasn’t heard back from anyone. There hasn’t been maintenance at that location for some time. Acting Chairman Dinning said his question is if there would be any advantage to getting an easement. Mr. Gutshall said if anyone ever developed that area he would advise leaving it incumbent on the developer to take care of. Mr. Gutshall said he doesn’t see an advantage at this point.

Mr. Gutshall briefly explained how he would like to participate in the surplus auction.

9:25 a.m., Clerk Glenda Poston joined the meeting.

Mr. Gutshall left the meeting.
 
Commissioner Kirby moved to approve the minutes of August 9 & 10, 2010. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to amend Commissioners’ prior motion to include the cancellation of $2.66 in late fees for parcel #RPB0240010001BA for year 2009. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.

9:26 a.m., Chief Deputy Clerk Sue Larson joined the meeting.

Commissioner Kirby moved to adopt Ordinance 2010-01. An ordinance amending the Boundary County Zoning Map. Acting Chairman Dinning yielded the chair to second. Commissioners voted as follows” Chairman Smith “abstained”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed. Ordinance 2010-01 reads as follows:
ORDINANCE 2010-01
An Ordinance of Boundary County, Idaho, amending the Boundary County Zoning Map on that parcel of land identified as parcel RP60N01E064500A, and legally described as Tax 41, Section 6, Township 60 North, Range 1, East, from Agriculture/Forestry to Rural Community/Commercial.
WHEREAS: The Boundary County Planning and Zoning Commission did, on April 15, hold public hearing on application 10-010 by Carbo Trading Co. LLC; and, taking into consideration arguments both for and against the proposal, did determine that the parcel had been used commercially as an RV Park since prior to the development of zoning ordinances in Boundary County, that such amendment was in compliance with the applicable provisions of the comprehensive plan, that the proposed zoning designation is compatible with surrounding land uses, that approval of the application would not be detrimental to the public welfare or injurious to property or improvements in the vicinity and that such amendment would not have adverse impact on the delivery of public services, and;
WHEREAS: The Boundary County Planning and Zoning Commission did, by a vote of three “aye” to one “nay,” did forward to Boundary County Commissioners a recommendation that application 10-010 be approved as presented, and;
WHEREAS: Boundary County Commissioners did hold public hearing on application 10-010, and did take into consideration the recommendation of the planning and zoning commission and testimony from all interested parties, and did continue that hearing until August 16 to allow for consideration; and
WHEREAS: Boundary County Commissioners do, by unanimous vote with one member abstaining, uphold and affirm the findings of the Planning and Zoning Commission; and
NOW THEREFORE: The Board of Commissioners of Boundary County, Idaho, do hereby amend the Boundary County Zoning Map on parcel RP60N01E064500A from Agriculture/Forestry to Rural Community/Commercial.
Regularly passed and approved, done this 23rd day of August, 2010.

ABSTAINED_____________________________________
RON SMITH, CHAIRMAN
s/______________________________________________
DAN DINNING, COMMISSIONER
s/______________________________________________
WALT KIRBY, COMMISSIONER
Attest: s/_______________________________________
Michelle Rohrwasser
Clerk of the Board of County Commissioners
Recorded as instrument #247626

Commissioner Kirby moved to sign the Maintenance Renewal Sales Agreement with DLB Associates for IBM Hardware Maintenance for the AS400 from September 14, 2010 to September 13, 2011. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.   

Commissioner Kirby moved to adopt Resolution 2010-32. A resolution adopting the Solid Waste fee schedule for the 2010-2011 fiscal year. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2010-32 reads as follows:

RESOLUTION 2010-32

ADOPTING A SOLID WASTE FEE SCHEDULE

 WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
 WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and

 WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,

 WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did hold a public hearing on July 28, 2008 to receive public comment on a proposal to increase solid waste fees, and

 WHEREAS, after considering public comment, the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees by an amount that exceeded 105% for the 2008-2009 fiscal year to help fund the cost of operating the Solid Waste Department, and  
 
 WHEREAS, for the 2010-2011 fiscal year Solid Waste fees were to be reduced from the previous fiscal years to the amounts shown in the attached Schedule of Solid Waste Fees, and  

 NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,

 IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.

 DATED AND DONE this 23rd day of August, 2010.
          
          COUNTY OF BOUNDARY
          BOARD OF COUNTY COMMISSIONERS
          s/______________________________            RONALD R. SMITH, Chairman
          s/______________________________
          DAN R. DINNING, Commissioner
          s/______________________________                           
          WALT KIRBY, Commissioner
ATTEST:
s/        
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #247622

SCHEDULE OF SOLID WASTE FEES - Fiscal Year 2010-2011

CODE  *CYY      FROM           TO  
     A     12 Residential, Bonners Ferry   $  103.80 $   93.48
     B     12 Residential, outside Bonners Ferry  $  123.84  $ 111.48
     D     12 Service Business, Professional   $  123.84 $ 111.48
        Practices & Farm Shops   
     E     24 Logging Contractors, Building  $  247.68 $  222.96
     F     38 Trades, Manufacturing Machine Shops  $  392.16 $  353.02
     G     38 Retail Stores, Restaurants, Bars  $  392.16  $  353.02
     H     72 Nurseries, Newspapers, Greenhouse $  743.04 $  668.88
     I    125 Chemical Applicators, Commercial  $1290.00 $1161.26 
   Grain & Seed Elevators, Garages and Gas Stations   
     J     24 Lumber Mills    $  247.68 $  222.96
     K    135      $1393.20 $1254.16
     L     75 Grocery Stores & Convenience  $  774.00 $  696.76
     M    150 Stores, and Special Categories  $1548.00 $1393.50
     N    450      $4644.00 $4180.50
     O       4 Residential B  Motels: Each Unit  $    41.28 $    37.16
     P                 1.2 Residential B  RV Parks: Each Unit  $    12.38 $    11.16

   Per CYY 
Light Demolition Compactable Debris brought to the landfill     $      8.00    $   8.00
Heavy Demolition Non-Compactable, brought to the landfill  $    24.00 $ 24.00
Construction Debris brought to the landfill    $      8.00 $   8.00
Dead animals brought to the landfill (per animal)   $    24.00 $ 24.00

**CYY means cubic yards per year. The budgeted cost per CYY for landfill would be $7.79 and per CYY for total landfill and collection costs would be $9.29.

Commissioner Kirby moved to adopt Resolution 2010-31. A resolution declaring surplus county property and authorizing the sale of surplus property at public auction. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2010-31 reads as follows:
RESOLUTION NO. 2010-31

A Resolution Authorizing the Sale of Surplus County Property at Public Auction

 WHEREAS, Boundary County owns surplus personal property, which is not being used by the County and for which the County is presently obliged to provide storage space, and which the various department heads and the Board of Boundary County Commissioners have determined is not necessary for the County’s use; and

 WHEREAS, the Board of Boundary County Commissioners are authorized under Idaho Code Section 31-808 to sell or offer for sale at public auction, after not less than ten days’ previous notice given by publication in a newspaper of the county, any property, real or personal, belonging to the County but not necessary for its use; and

 WHEREAS, the Board of Boundary County Commissioners believes it is in the best interests of the County that the surplus property described as in “Attachment A” be sold and therefore desire to sell the property so described at public auction as provided in Idaho Code Section 31-808.

 NOW, THEREFORE, upon motion duly made, seconded and unanimously carried, it is

RESOLVED that, after publication of notice in the Bonners Ferry Herald in the manner and for the time required by Idaho Code, the personal property of Boundary County described as in “Attachment A” be offered for sale at public auction on Tuesday, September 14, 2010, beginning at the hour of 10:00 a.m., at the Boundary County Road and Bridge Department, Bonners Ferry, Idaho.

 DATED this 23rd day of August, 2010.

              COUNTY OF BOUNDARY
      BOARD OF COUNTY COMMISSIONERS
      Absent___________________________                               
                  RONALD R. SMITH, Chairman
      s/________________________________ 
                  DAN R. Dinning, Commissioner
      s/________________________________         
      WALT KIRBY, Commissioner
ATTEST:
Glenda Poston
Clerk of the Board of County Commissioners
Bys/_________________________________
GLENDA POSTON, Clerk     
By: Michelle Rohrwasser, Deputy Clerk
Recorded as instrument #247636
(Clerk’s Note: A complete list of items to be auctioned can be located with the original                           resolution in the Clerk’s Office)
 
Commissioner Kirby moved to adopt Resolution 2010-33. A resolution increasing the indigent budget due to receipt of unanticipated revenue. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2010-33 reads as follows:
RESOLUTION 2010-33

INCREASING THE INDIGENT BUDGET
DUE TO THE RECEIPT OF UNANTICIPATED REIMBURSEMENT

 WHEREAS, the Board of County Commissioners did establish an Indigent Budget for fiscal year 2009-2010, and

 WHEREAS, $19,928.25 has been received as of June 30, 2010 from indigent reimbursements, and

 WHEREAS, only $8,000.00 was anticipated as revenue for the fiscal year 2009-2010 Indigent Budget; therefore, $11,928.25 has been received from indigent reimbursements over the amount anticipated, and
  WHEREAS, Idaho Code 31-3510A(7) states that portion of the moneys received by a county as reimbursement that are not assigned to the state catastrophic health care fund shall be credited to the county indigent fund, and

 WHEREAS, the Boundary County Indigent Fund is in need of additional budget and it is appropriate to increase the Boundary County Indigent Budget by the amount of unanticipated indigent reimbursements received that are not assigned to the state catastrophic health care fund, and

 WHEREAS, the addition of this revenue does not affect the tax levy for the Boundary County Indigent Fund,

 NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

 IT IS RESOLVED that the increase of $11,928.25 to the Boundary County Indigent Budget Expense Account line item 16-00-0591-0000 is hereby authorized and ordered. 

 IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

Dated this 23rd day of August, 2010
     COUNTY OF BOUNDARY 
     BOARD OF COUNTY COMMISSIONERS
     s/______________________________________
     RONALD R. SMITH, Chairman
     s/______________________________________
     DAN R. DINNING, Commissioner
     s/_______________________________________
     WALT KIRBY, Commissioner
Attest:
s/___________________________________________
Glenda Poston, Clerk of the Board of Commissioners
By Michelle Rohrwasser, Deputy
             Recorded as instrument #247625

9:40 a.m., Clerk Poston left the meeting.

Commissioner Kirby moved to authorize the Acting Chairman to sign the Assurances and Grant Documents for the Idaho Department of Lands Copper Prairie Hazardous Fuels Treatment through Inland Forest Management. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.

10:00 a.m., Solid Waste Superintendent Claine Skeen joined the meeting.

Mr. Skeen and Commissioners discussed the Take It or Leave It event. Mr. Skeen said last year he received a letter from this organization stating their members wanted to lease the covered area at the landfill, but this time landfill equipment is housed there. As an alternative, the Take It or Leave It group expressed interest in using the fairgrounds again, but the Fair Board Secretary wasn’t in favor of that as it gives people the idea to have their yard sales there. Mr. Skeen said last year this event was held at the fairgrounds in between the restrooms and the barbershop and he couldn’t think of any other location to hold this event.

Mr. Skeen said he needed clarification on surplus county property as the landfill has old tire and rims for the skidsteer that aren’t of any use. The tires aren’t any good, but the rims could possibly be used, according to Mr. Skeen. 

Mr. Skeen said he is looking at October 1, 2010 to begin co-mingling recyclables, but he will know more details about the middle of September.

Mr. Skeen left the meeting at 10:05 a.m.

Commissioners tended to administrative business.

10:30 a.m., Commissioners held the quote opening for lighting for the Energy Efficiency and Conservation Block Grant. Present were: Commissioner Dinning, Commissioner Kirby, Deputy Clerk Michelle Rohrwasser, John Nelson with the City of Moyie Springs, Sherri Wastweet with Panhandle Area Council, Elden Koon and Deanna Galbraith with Boundary Community Hospital, Larry Dirks and Restorium Administrator Karlene Magee representing the Restorium, David Sims with the City of Bonners Ferry, Larry Champ of Champ’s Electric, and Danny Beachy with Beachy Electric. The meeting was recorded.

The first sealed quote opened was submitted by Allen’s Electric Inc. A surety bond for 5% of the quote and a power of attorney form has been included, according to Acting Chairman Dinning. The quote for Project #1, lighting upgrades for the Boundary Community Hospital, is $28,995.85. The quote for Project #2, lighting upgrades for the Restorium, is $3,683.60. The cost for Alternate #1 for the Restorium is $9,964.50 and $5,462.75 for Alternate #2.

The second sealed quote was from Champ’s Electric. A check for 5% of the quote was provided as bidder’s security. The quote for Project #1 is $17,294 and the quote for Project #2 is $2,425. The cost for Alternate #1 for the Restorium is $9,970 and the cost for Alternate #2 is $6,115.

Commissioner Kirby moved to schedule the final decision for all EECBG quotes for Monday, August 30, 2010 at 11:30 a.m. Commissioner Dinning second. Motion passed unanimously. 

The quote opening ended at 11:00 a.m.

There being no further business, the meeting adjourned at 11:00 a.m.

Commissioners did not meet on Tuesday, August 24, 2010, as no meetings had been scheduled for this day.

 
        /s/
      DAN R. DINNING, Acting Chairman

ATTEST:

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