***Monday, October 01, 2012, 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 the departmental report. Mr. Gutshall presented a written report.

 

Mr. Gutshall said work in District 5 is ongoing and he will try to finish rocking this road as soon as possible so it’s done and people can drive on that stretch although there will still be work at each end.

 

Mr. Gutshall spoke of the work for the emergency project on Deep Creek Loop near the golf course. Mr. Gutshall mentioned every year $200,000 is saved for Local Rural Highway Investment Program (LHRIP) emergency projects so he is going to submit an application for that. There will be an attempt to dewater that entire hillside prior to rebuilding and paving of that area.

 

Mr. Gutshall said he met with City of Bonners Ferry representatives about the waterline project at Riverside Park and he is to meet with them again today.

 

Clerk Glenda Poston joined the meeting at 9:15 a.m.

 

Mr. Gutshall said he wondered if the Parks and Recreation Board had a problem with the waterline going down the road, etc.

 

Mr. Gutshall spoke of moving the excavator to work on the Paradise Valley Hill.

 

Mr. Gutshall discussed the bridge work for Deep Creek Bridge #4, upcoming work on Lion’s Den Road and the next couple of week’s worth of work on District 5 Road.

 

Mr. Gutshall explained his winter work strategy to Commissioners. Last year Road and Bridge provided seven days per week coverage, but coverage over the weekend was light. Mr. Gutshall said he had a different plan for this year by possibly having two, six men crews and he and Assistant Superintendent Ken Arthur will alternate their schedules for this. Mr. Gutshall said this winter schedule is better because every day they work there will be six people in addition to someone in the office. There will be a Road and Bridge employee at each of the plow areas. Mr. Gutshall said for the employees that are off for those three days, two of them will be on call as there won’t be a night shift.

 

Commissioner Dinning said this sounds like it could reduce overtime. Mr. Gutshall said since he and Mr. Arthur will be involved this could help manage fuel better. Commissioner Dinning said if it snows on a Sunday, school buses should be able to get out. Mr. Gutshall said yes, because crews will have been out. Mr. Arthur’s work truck is going to be fitted with a snowplow and will be used seven days a week. Mr. Gutshall said this pickup truck will be used at the intersections of county roads and state highways as this type of truck shifts faster than the larger trucks. Mr. Gutshall said it takes longer for a larger truck to clear the smaller road intersections, so if you have a pickup with an automatic transmission its a lot quicker.

 

Commissioner Dinning moved to authorize the Chairman to sign the Idaho Transportation Department, Local Professional Services Agreement, Agreement #8268, for project name STC-5907 Deep Creek Bridge #4, Project Number #BR-5907(100), Key Number 08772. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Dinning moved to amend the agenda for 9:00 a.m., Tuesday, October 2, 2012 to sign the 2013 Local Highway Technical Assistance Council (LHTAC) emergency funds application for Deep Creek Loop as it is time sensitive. Commissioner Kirby second. Motion passed unanimously.

 

Mr. Gutshall questioned unanticipated revenue for purchasing. Clerk Poston said if Road and Bridge received funds that are unanticipated, a resolution can be adopted. Mr. Gutshall explained there is a piece of equipment at a cost of approximately $40,000, but he is also looking at trading in a grader. The grader is at the five year mark and Mr. Gutshall said he may be able to get a good deal on an excavator.

 

The meeting with Mr. Gutshall and Clerk Poston ended at 9:30 a.m.

 

Commissioners signed year end claims for payment. Fund totals are as follows:

 

Current Expense                                    $38,734.30

Road & Bridge                                       16,216.30

Airport                                                     4,988.16

Ambulance                                                8,000.00

District Court                                           5,501.16

Justice Fund                                            62,270.15

911 Funds                                                     955.29

Parks and Recreation                                4,368.84

Revaluation                                                  405.96

Solid Waste                                             11,849.23

Tort                                                           1,000.00

Veterans Memorial                                         25.53

Weeds                                                          609.01

County EMS                                              5,700.00

Restorium                                                44,147.60

Waterways                                                7,485.02

Grant, Airport                                           6,575.76

Grant, Emergency Communication            1,031.48

 

                          TOTAL                    $219,863.79

Trusts

Auditors Trust                                       152,444.97

Magistrate Trust                                        1,076.12

 

                        TOTAL                      $153,521.09

                       

                        GRAND TOTAL      $373,384.88

 

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2012.

 

Commissioner Dinning moved to sign the Agreement for Shelter Services with Second Chance Animal Adoption for fiscal year 2012-2013 for the same terms of $666.67 per month for a total of $8,000 for the year. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Dinning moved to sign the Idaho Department of Lands Memorandum of Understanding for the grant of $75,000 for hazardous fuels treatment. Commissioner Kirby second. Motion passed unanimously.

 

9:40 a.m., Commissioners considered the 2012 County Alcoholic Beverage License Application for Kevin McLeish and Jennifer McLeish doing business as 505 Steak and Sushi to sell bottled, draught and canned beer and wine by the drink to be consumed on or off premises. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. The proceedings were recorded.

 

The application and applicable fees have been received. Commissioners have yet to receive the 2012 Panhandle Health District Permit and the 2012 State of Idaho Retail Alcohol Beverage License.

 

Commissioner Dinning moved to approve the 2012 County Alcoholic Beverage License Application for Kevin McLeish and Jennifer McLeish doing business as 505 Steak and Sushi to sell bottled, draught and canned beer and wine by the drink on or off premises pending receipt of the 2012 Panhandle Health District Permit and the 2012 State of Idaho Retail Alcohol Beverage License. Commissioner Kirby second. Motion passed unanimously.

 

The proceedings ended at 9:41 a.m.

 

Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1)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. Motion passed unanimously. 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. Motion passed unanimously.  

 

10:15 a.m., Chief Deputy Treasurer Sue Larson joined the meeting at Commissioners’ request.

 

Commissioners addressed the request to grant an extension of time to pay the 2009 taxes.

 

Commissioner Dinning moved to grant an extension of time to pay year 2009 taxes on parcels #RPB00000226633A and #RPB00000226632A until January 2, 2013. Commissioner Kirby second. Motion passed unanimously.

 

Chief Deputy Treasurer Larson left the meeting at 10:20 a.m.

 

Commissioners contacted County Attorney Phil Robinson via telephone at 10:20 a.m.

 

Commissioners updated Attorney Robinson on the matter involving the Planning and Zoning Application #12-006 for a zone map amendment for certain lots along the Moyie River. Commissioners said they had wanted to check with Attorney Robinson’s schedule before setting the continued date of this hearing. Commissioners’ discussion of setting this date was recorded.

 

Commissioner Dinning stated the hearing was tabled until today only for the purpose of reconvening to set a date to continue the hearing.

 

Commissioner Dinning moved to set the date of the continued public hearing to consider Planning and Zoning Application #12-006, for a zone map amendment for certain lots along the Moyie River until Monday, October 29, 2012 at 1:30 p.m. to be held in the Extension Office. Commissioner Kirby second. Motion passed unanimously.

 

The hearing to set the date to consider Planning and Zoning Application #12-006 for a zone map amendment ended at 10:30 a.m.

 

Commissioner Dinning left the meeting at 10:30 a.m., while Chairman Smith and Commissioner Kirby discussed the appeal filed by Patrick and Ada Gardiner and Brian and Sarah Ferguson in regards to the proposed Tungsten Holdings gravel pit.

 

Chairman Smith discussed the process for the appeal filed by the Gardiners and Fergusons as a result of the latest Planning and Zoning Commission decision. Attorney Robinson said to hold an appeal hearing Commissioners have to determine if the appeal has merit. It was said that allegations included there not being enough time given for the Gardiners to present their scientific evidence and issues have been raised to entitle them to a presentation and response from the Planning and Zoning Commission. Attorney Robinson said it would be wise for Commissioners to schedule the appeal hearing. The allegations of procedural defect are included in the record and will most likely be a judicial matter and Attorney Robinson suggested Commissioners consult with Planning and Zoning Administrator Dan Studer.  

 

Chairman Smith said in this case only two Commissioners will be making the decision. Attorney Robinson said it would be unwise to make a unilateral decision that the appeal has no merit.

 

Commissioners and Attorney Robinson decided to continue the discussion of the appeal until tomorrow at 10:15 a.m., when Planning and Zoning Administrator Dan Studer can be present.  

 

It was said this is just to discuss setting a date for an appeal hearing or meeting.

 

The telephone call with Attorney Robinson ended at 10:50 a.m.

 

Deputy Clerk Nancy Ryals joined the meeting at 10:50 a.m.

 

Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 10:51 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Dinning moved to approve indigent applications #2012-21 and #2012-26 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

 

Deputy Clerk Ryals left the meeting at 10:56 a.m.

 

Sheriff Greg Sprungl stopped by Commissioners’ Office to discuss information from Idaho Counties Risk Management Program (ICRMP) in regards to the Idaho Sheriff’s Association (ISA) jail standards. If jail facilities do not meet the jail standards, ICRMP’s insurance coverage for the jail is lowered to $500,000. It was said there are some standards that Boundary County is getting docked for now and Sheriff Sprungl clarified that had to do with staffing and the facility. Commissioner Dinning said if he heard right, ICRMP has signed off on this. Commissioner Dinning said the Idaho Association of Counties (IAC) at the management level needs to be aware of this because this is a mandate

 

Clerk Glenda Poston joined the meeting at 11:00 a.m.

 

Commissioner Dinning asked if IAC’s Board is aware of this and Clerk Poston said yes, but she doesn’t think the IAC Board has anything to do with it. The presentation on this matter was given during the general session of the annual IAC fall conference, according to Clerk Poston.

 

These issues are already listed in the standards, but this is ICRMP taking a stand on eight standards, according to Sheriff Sprungl. In addition to fines if the standards are not met, insurance covered will be decreased to $500,000. Sheriff Sprungl questioned why this is tied to this budget as budgets are already set.

The meeting with Clerk Poston and Sheriff Sprungl ended at 11:15 a.m.

 

11:15 a.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

 

***Tuesday, October 2, 2012, 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 said for fiscal year 2010-2011 approximately 426 tons of materials were recycled. Mr. Skeen said he doesn’t yet have all of the weight slips for this year, but an average of 40 tons per month of material has been recycled and that averages out to 539 tons per year for fiscal year 2011-2012. The Solid Waste Department has ground 1,600 tons of wood waste last year and probably approximately 2,000 tons this year. Approximately 1,000 tons of metal has been recycled and overall the recycling total is approximately 35,000 tons.

 

Mr. Skeen said in fiscal year 2007-2008, aluminum, cardboard, newspaper and electronics were recycled at 1,700 tons. Mr. Skeen said a lot more people are starting to understand how the recycling system works.

 

The status of securing a monitored dumpster/recycling site in Moyie Springs was questioned and it was said there has been no updates. Commissioner Dinning said he would make contact with the state.

 

Mr. Skeen left the meeting at 9:35 a.m.

Commissioner Dinning informed Chairman Smith and Commissioner Kirby that Bonner County is going to declare an ambulance surplus next week and donate it to Boundary County.

 

Commissioner Dinning moved to authorize the Chairman to sign the Local Highway Technical Assistance Council (LTAC), Emergency Funds Application for 2013 for the Deep Creek Loop Road Project. Commissioner Kirby second. Motion passed unanimously.  

 

There was no Restorium Department Report for 9:30 a.m.

 

Clerk Glenda Poston joined the meeting at 9:55 a.m.

 

9:55 a.m., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1) 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.

 

Commissioner Kirby moved to approve the holiday memo as written on October 1, 2012. Chairman Smith yielded the chair to second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “nay”, and Commissioner Kirby “aye”. Motion passed.

 

Commissioner Dinning said it had been his understanding that when the fiscal year 2012-2013 budget was adopted to include a 3% cost of living increase the extra holiday days off schedule was done away with. Chairman Smith said he doesn’t understand that.

 

10:10 a.m., Chief Probation Officer Stacy Brown joined the meeting to provide a department report.

 

Ms. Brown said her department is down to 31 juveniles on probation, which is lowest number in a long time. Adult misdemeanor is level at 60 to 63 adults and those on adult supervision increased to 330. Chairman Smith said for clarification that there were approximately 60 on unsupervised probation and 330 people on supervised probation. Commissioner Dinning asked how many of those on supervised probation are repeat offenders? Ms. Brown said she would estimate it to be 30% to 33% and that includes people from Montana and other locations. The fee for those on supervised probation is $25 per month. Chairman Smith mentioned that the judge is the person to set the fee and the limit is $75. The county pays $5 for random drug testing unless the test comes back positive, according to Ms. Brown. Commissioner Dinning asked if Ms. Brown could gather details of cost per capita across the state.

 

Drug and alcohol testing was discussed and Ms. Brown said depending on what the judge says if her department can test for both, her staff will. The budget for testing last year went way over, according to Ms. Brown.

 

Ms. Brown discussed an issue of testing for felony charges and she said she has spoken to Sheriff Sprungl who will now conduct the testing for felonies. Clerk Poston said there is a line item in the Sheriffs’ Office budget for that. Ms. Brown said she brings this up to Commissioners because she feels her office should not be testing for felonies.

 

Ms. Brown explained she is the District 1 Chair of the Idaho Juvenile Justice Commission as well as on the Board for the District Council. 

 

Planning and Zoning Administrator Dan Studer joined the meeting at 10:30 a.m.

 

Ms. Brown informed Commissioners that she is working on a grant for $7,180 and that she may need letters of support by a certain date, but she wanted to make sure Commissioners would be able to sign the grant application.

 

Commissioner Dinning moved to authorize the Chairman to sign the grant application for Juvenile Justice. Commissioner Kirby second. Motion passed unanimously.

 

Clerk Poston and Ms. Brown left the meeting at 10:30 a.m.

 

Boundary County Emergency Services Incident Commander Bob Graham stopped by to inform Commissioners of an incident over the weekend.

 

Mr. Graham left the meeting at 10:35 a.m.

 

Commissioners contacted Attorney Phil Robinson via telephone.

 

Commissioners discussed the Planning and Zoning Application #12-006 for the Moyie River rezone of certain parcels along the Moyie River. Chairman Smith said the reason he voted the way he did is due to a lot of questions raised about the road. If the zone changed to suburban, what would be required of the road? It was said just because a road is deeded to the county doesn’t mean the county has to maintain it, but someone said if the zone is changed to suburban, they felt the road would have to be upgraded. The road right-of-way is only 25 feet and the county can’t widen it. Chairman Smith said his other question was about all the concerns about the road.

 

Commissioner Dinning said he suggested approving portions of this application as it seemed the biggest concern was the main section of the area. There were questions about responsibility of the road.

 

Commissioner Dinning said he understood the same concerns. The residents are concerned about their area, but there was major confusion. If the area was rezoned, it doesn’t mean property owners can automatically split their property. Ag/forestry is 10 acres now and the suburban zone is 2.5 acres.

 

Commissioner Dinning said if he had 10 acres and split it into four, two and one half acres, he would still have to meet the road criteria to those parcels. Attorney Robinson asked why someone wants to rezone in a situation where they can’t meet the requirements. Commissioner Dinning said that is part of the question. Commissioner Dinning said if there is a rezone, it is the obligation of the developer to work on this road at a certain location. Attorney Robinson mentioned meeting subdivision requirements if approval is going to be given for an application that requires subdividing land. It was said the confusion is someone could do a short plat and only provide an all weather road as they just need to survey access to the site, but do not have to meet the standards, or do they in that suburban zone? Attorney Robinson asked why someone would want to if standards are in place that require emergency access.

 

Commissioner Dinning said he’s hoping that Attorney Robinson and Mr. Studer talk through the road issue. Attorney Robinson said that is the biggest physical hurtle. Chairman Smith said if Commissioners opened up the public hearing and said “Commissioners realize the land had been deeded to the county and as such, it is a county road and the county will bring to standards, everybody would be happier.” That is the goal to have that road fixed. It was said that Mr. Lustig won’t give land to help expand this road, etc. Commissioner Dinning said in his mind if there is a rezone, it would not hurt anyone as it’s the developer’s obligation to provide roads to their site, unless it’s a short plat.

 

Mr. Studer said the language for a rural subdivision is talking about 2.5 acres or greater and the verbiage is that width and slope requirements may be waived and the decision is up to Commissioners. If this is not a rural subdivision, but a short plat there are different requirements, according to Commissioners.

 

It was said the road issue has nothing to do with the purpose of the hearing as the hearing is for a rezone, so this issue would not be addressed until someone applied for a subdivision. Commissioner Dinning said this rezone doesn’t automatically allow development, but that wasn’t conveyed well at the public hearing. In a rural subdivision there are separate standards if there are four or fewer lots as opposed for four or more lots. It was said this community is fearful of the access, which is already there so that doesn’t change.

 

Mr. Studer said all lots shall be served by an all weather road, but those standards may be waived when there are four or fewer lots. It was asked if there is going to be the ability to even provide all weather access if the county isn’t maintaining access in the first place and would the grade even be good for emergency vehicles if there is only a 25 foot base.

 

Commissioner Dinning said his thinking was to approve a portion of the application that fits this and either continue or deny the other portion. Attorney Robinson said that could be done.

Commissioner Kirby asked if Commissioner Dinning proposed to approve the rezone to just the point where the county property now ends and the rest would be someone else’s issue later.

 

Commissioner Dinning spoke of applying for another rezone at a later time if a developer wants to update the road to the county’s standards. It was said to do this Commissioners could approve what they want in part and disapprove in part. Commissioner Dinning explained that the county is the applicant. It was said just because there is a rezone it does not change the roads.

 

Chairman Smith said while discussing this with Commissioners at the hearing he wasn’t in favor of making a motion so when the public hearing is reopened on October 29, 2012, are Commissioners still in discussion mode. Attorney Robison said yes, the public comment portion could be reopened if Commissioners want.

 

Those present discussed requirements to give notice of the extension date. Attorney Robinson mentioned putting notice on the website and in the newspaper.

 

Commissioner Dinning left the meeting at 11:05 a.m.

11:10 a.m., Commissioner Kirby moved to go into executive session under Idaho Code #67-2345(1)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. Chairman Smith yielded the chair to second. Commissioners voted as follows: Chairman Smith “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 11:35 a.m., Commissioner Kirby moved to go out of executive session. Chairman Smith yielded the chair to second. Motion passed unanimously.  

 

There being no further business, the meeting adjourned at 11:40 a.m.

 

 

                                                            /s/

                                                            RONALD R. SMITH, Chairman

ATTEST:

 

/s/        

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy