***Monday, March 18, 2013, Commissioners met in regular session with Chairman Dan R. Dinning, Commissioner LeAlan L. Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

 

Clerk Glenda Poston joined the meeting.

 

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall provided a written report. Mr. Gutshall listed the various roads that have been graded as well as roads that have been reopened. Mr. Gutshall said he’s been hauling during the colder weather and he has all three graders out this week.

 

Mr. Gutshall spoke of brushing the road near Don Grove’s residence and he said this is the road that Road and Bridge will begin to gravel this spring. Mr. Gutshall informed Commissioners what he has noticed as far as evidence of septic issues nearing the highway. Mr. Gutshall said Road and Bridge employees have spent the week cleaning underneath the guardrails in Paradise Valley. Mr. Gutshall said JUB Engineers had been up to discuss the emergency relief projects such as Lions Den Road and he has Road and Bridge crew working on the sloughing on this road. There has been a lot of vandalism stealing road signs along the old highway, according to Mr. Gutshall. Mr. Gutshall said the rest of his report consists of getting ready for spring construction.

 

Mr. Gutshall spoke of matters involving funding issues in relation to projects to include funds shown as a credit.

 

Courthouse Maintenance Jerry Kothe joined the meeting at 9:29 a.m.

 

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

 

Mr. Kothe joined the meeting to give the departmental report. Mr. Kothe provided a written report.

 

Mr. Kothe reviewed the items in his report to include: installing a kitchen faucet, replacing two light ballasts and removing one of the dividers that hides the chairs and tables in the Extension Office; covers from the air conditioners have been removed; the heat pad underneath the front entrance walkway has been shut off, and one wall of the main floor women’s room has been painted. Mr. Kothe said he’s fixed the broken toilet handle in Memorial Hall, replaced another thermostat in the Clerk’s Office, and set up the polling sites last Friday. Mr. Kothe mentioned the Park and Recreation Department is getting a list of maintenance items for him ready.  

 

Clerk Poston informed Mr. Kothe that the Court Clerk’s desk on the third floor needs to be looked at as the wood has developed a snag. If the desk needs to be sanded and re-varnished, it could also be done the same time as the window sills in the Clerk’s Office, according to Clerk Poston. Clerk Poston said the window sills in her office are in bad shape and really need to be redone.    

The meeting with Mr. Kothe ended at 9:40 a.m.

 

Commissioners tended to administrative duties.

 

10:00 a.m., Commissioner Kirby moved to recess as the Boundary County Board of Commissioners and to convene as the Governing Board of the Boundary County Ambulance Service District. Commissioner Pinkerton second. Motion passed unanimously.

 

10:01 a.m., Commissioner Kirby moved to adjourned as the Governing Board of the Boundary County Ambulance Service District and to reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Motion passed unanimously.

 

Commissioners tended to administrative duties.

 

10:37 a.m., Treasurer Jenny Fessler joined the meeting.

 

10:39 a.m., Property owner Joseph Duginske joined the meeting to discuss his delinquent property taxes from year 2009. Commissioners and Treasurer Fessler reviewed the tax amount owing.

 

Mr. Duginske said he’s obviously in a precarious position for the third year in a row, but he now has funding coming in and he is employable again mentioning health issues he is overcoming. Mr. Duginske said there are a couple of people at his church who have become his chaperones. Mr. Duginske said he is looking to sell his property and there is a group at his church who may be interested in purchasing his property so this is the last year he will be in this position.

 

Mr. Duginske explained to Commissioners that he had spoken to a local forester about having a forest plan drawn up and part of that arrangement was the forester could log some of the property. Mr. Duginske said he was naïve about this as the forester logged the property and then took off. Mr. Duginske said he now he has the forester’s phone number again so he will pursue that. Mr. Duginske said he has a friend who will also give him a loan of approximately $600 to $1,000, which should be in the next two days. Chairman Dinning asked Mr. Duginske if he has applied for Social Security/Disability benefits social security retirement. Mr. Duginske said he will be 62 years old in July and will be eligible for $800 per month. Mr. Duginske said he’s embarrassed to be in this position, but on a lighter note his health matters are improving. Mr. Duginske said some assistance may be available through the church, but one way or another he will no longer have the property or he will at least have assistance for this issue. Chairman Dinning asked if the Cabinet Mountains Water District water meter is still hooked up. Mr. Duginske said he hasn’t used the water and it’s never been hooked up. Mr. Duginske said he didn’t think he owed Cabinet Mountains Water District any longer.

 

Chairman Dinning said the information he has reviewed shows the tax portion owing is approximately $703 without penalties and interest, and $300 in costs in addition to the tax. Chairman Dinning said the tax deed hearing is tomorrow and Mr. Duginske is requesting a 60 day extension. Chairman Dinning questioned continuing the tax deed hearing for 60 days and in the meantime find out if the county can return the bill to Cabinet Mountains Water District and just collect the county portion. Treasurer Fessler said she doesn’t know if the county’s internal processes will allow that as far as splitting the amounts out.

 

Mr. Duginske said he does want to make a contribution and that this situation has caused him anxiety, but he’s now in a position to become accountable. Treasurer Fessler said she thinks she should be able to return the bill to Cabinet Mountains Water District. When Mr. Duginske brings in the funds to pay his taxes the Commissioners can make motion to return the Cabinet Mountains Water District bill to the District and to accept the county’s tax portion. Commissioner Kirby said he thinks that would work. Chairman Dinning said in 60 days the county will be forced to tax deed the property if payment is not made. Mr. Duginske said he understands. Chairman Dinning informed Mr. Duginske of the process for the tax deed hearing tomorrow in that his property will not be included. Commissioner Kirby said it needs to be known that the due date of the payment, May 20, 2013, is the drop dead date.

 

Commissioners asked about the size of the property and Mr. Duginske said it is six acres. Commissioner Pinkerton suggested Mr. Duginske get his forest plan on record in order to reduce the amount of tax. Mr. Duginske said he was naïve with the forester and he needs to run him down. Chairman Dinning said Commissioners will extend the deadline to May 20, 2013 and will need $1,000 for year 2009 taxes. Mr. Duginske agreed.

 

The meeting with Joseph Duginske and Treasurer Fessler ended at 10:57 a.m.   

 

Boundary County Emergency Services Incident Commander Bob Graham joined the meeting to provide an update on the school bomb threats.  

 

Mr. Graham said Bureau of Homeland Security Colonel Brad Richy has implied that the Governor’s Office is aware of the bomb threats and has been concerned if enough was being done to stop them. Mr. Graham said Colonel Richy also set up a call involving the City of Bonners Ferry Policy, himself and the Sheriff’s Office to discuss this. The City of Bonners Ferry Police Department has been doing more than anyone was aware of to find the culprits so Colonel Richy’s concerns have been a bit alleviated. Mr. Graham said two people have been suspected of the threats and a female has admitted to one of them. One other person has been suspended, but he is denying involvement. Officials are sure this person was behind the last threat and the one before. The high school had an assembly for the students that included student speakers, a woman whose son was caught doing the same thing and her testimony of the grief those actions caused. The Deputy Prosecuting Attorney and City of Bonners Ferry Mayor also spoke. Mr. Graham said he was quite pleased at the attentiveness of the students.

 

Mr. Graham reviewed a list of his recommendations to help curtail the threats to include: removing the restroom stalls since the threats have been written on them, relocate bathroom monitors to inside the restrooms instead of just outside the restrooms, have the  teachers check out their own rooms as they would know more if something seemed out of place, require the students to keep their lockers neat otherwise it takes a lot of time to go through them, extend the end of the school year or go to school on Fridays so at least kids get their full education. Mr. Graham said his last suggestion was to take no action as they have been idle threats, but that is too risky.

 

11:10 a.m., Mr. Graham left the meeting.

 

11:10 a.m., Members of the Area Agency on Aging, Chairperson Gini Woodward, Marilyn Anders, Bob Small and Carol Hampton joined the meeting to provide an update on Agency matters.

 

Mr. Small said he’s spent some time in Boundary County and he has approximately 50 volunteers working for various agencies in the county so he will focus on that. Mr. Small said the Area Agency on Aging has had a study done showing the benefits of volunteers so he will get that information out. You can judge a society by the way their seniors are treated and Boundary County is doing a heck of a job and the Seniors Hospitality Center and Barbara Kovacs are doing a great job. There are also good senior workout programs and that are led by volunteers. Volunteers will be utilized in all areas, according to Mr. Small.

 

The Agency still has the endowment going, according to Mr. Small. The Agency is a part of North Idaho College and anyone who donates to the endowment or Area Agency on Aging is eligible for tax deductions. These donations enable the Agency to come up and do more things.

 

Ms. Anders provided a background of the Area Agency on Aging to Commissioner Pinkerton. The state requires a four year area plan for the Agency and that is something they are working on. The Area Agency on Aging covers the five northern counties and they are gathering information for the plan through county councils, providers, employees, etc. A specific survey will be done that looks at concepts to provide input on aspects such as communication and what can be done differently, how to become an organization with better success in achieving goals, looking for new and enhanced partnerships for the agency, and what are strategic advantages.

 

Ms. Anders presented Commissioners with information on the Area Agency on Aging.

 

The meeting with the Area Agency on Aging members ended at 11:20 a.m.

 

Commissioners tended to administrative duties.

 

11:30 a.m., Chief Deputy Prosecuting Attorney Tevis Hull joined the meeting.

 

Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye’. Motion passed unanimously. 11:35 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.  

 

Commissioners tended to administrative duties.

 

11:40 a.m., Boundary Community Hospital CEO/CFO Craig Johnson and Boundary Community Hospital Board of Trustees Chairman Elden Koon joined the meeting to provide Commissioners with an update on Hospital matters.

 

Mr. Johnson said the Hospital is upgrading its oxygen system to meet the new standards and is also creating an easier way to lock down the doors at the Hospital if need be, and these matters are funded with bioterrorism dollars. The project of installing carpet in the Fry Education Center is almost complete.

 

The month of January has been a good month for the Hospital’s census and the Hospital is in the black including deprecation. Mr. Johnson said things are going fairly well for the Hospital.

 

11:43 a.m., Commissioner Pinkerton 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 Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 12:05 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

 

Commissioners tended to administrative duties.

 

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

 

***Tuesday, March 19, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

 

Clerk Glenda Poston joined the meeting.

 

9:00 a.m., Business and property owner Vic Rae joined the meeting to discuss an interest in purchasing county property.

 

Commissioner Kirby moved to amend today’s agenda for 9:30 a.m., in order to discuss a matter involving a county service weapon as it is a time sensitive matter. Commissioner Pinkerton second. Motion passed unanimously.

Mr. Rae presented Commissioners with a map of a specific parcel of land to the east of his commercial property in town. Mr. Rae said if he could start building on this other property, it would be used for private industry and commerce. The property is not in use currently for parking. Mr. Rae said he is looking at a portion of the larger piece of property that was purchased by Commissioners approximately 10 years ago. Chairman Dinning said the process is that Commissioners will first have to decide the property is not needed, obtain an appraisal and then put the land up for public auction. Mr. Rae said he understood.

 

Mr. Rae said it bothers him that the county can purchase property without the public hearing process, but has to sell it through that process. Chairman Dinning asked Mr. Rae if he would like Commissioners to start the process of looking into it and Mr. Rae said yes. Mr. Rae said he’s only talking about purchasing a portion of this property so if Commissioners would like to take a walk of the property, he would show them the boundaries he has in mind. Mr. Rae said he would like to have something constructed in 18 months.

 

The meeting with Mr. Rae ended at 9:14 a.m.  

 

Commissioners tended to administrative duties.

 

Commissioners canvassed the election ballots for the School District levy from the election held on March 12, 2013. There were no material deficiencies, according to Clerk Poston. Clerk Poston reviewed the information with Commissioners. The results were certified by the county and this is a true and accurate representation.

 

Commissioner Pinkerton moved as the Commissioners of the county and state, acting as the Board of Canvassers of Election, do hereby state that the attached is a true and complete abstract of all votes cast within this county for the candidates and/or questions as they appeared at the election held on March 12, 2013 as shown by the records now on file in the Clerk’s Office. Commissioner Kirby second. Motion passed unanimously.

 

Chairman Dinning said Judge John Mitchell sent Commissioners an email requesting they consider issuing Courthouse Security/Bailiff Ron Sukenik’s duty weapon to him as he is retiring after many years of service. Idaho Code 31-830 is the code section authorizing this action for someone sworn by the Sheriff or who qualifies under such statutes in the section. Judge Mitchell feels this situation fits and Commissioners do have discretion in this case. Chairman Dinning said in visiting and going forward there needs to be a very good and legal process regarding the weapon and he’s sure Judge Mitchell would not lead them down the wrong path.

 

Commissioner Kirby moved to retire the service weapon, a 40 caliber, Glock Model 22, Serial #EGC 732, to Courthouse Security/Bailiff Ron Sukenik who is retiring after many years of service, pending all appropriate documentation and county processes. Commissioner Pinkerton second. Motion passed unanimously.  

 

Commissioner Pinkerton said since the fire arm is held as county property Commissioners should have documentation in the file removing that service weapon from the county’s roll in issuing it and document who it is going to. It is customary in this type of profession to do this and it puts the gun in a position where it can’t be passed on so it would be destroyed or retired so in that case he would like to see it go to Mr. Sukenik. Clerk Poston asked how the gun would be changed over. Commissioner Pinkerton said there is no registration in the State of Idaho yet. Commissioner Pinkerton said there needs to be documentation as to where this gun is going along with the serial number, etc.

 

Clerk Poston questioned if the Sheriff’s Office needs to purchase a service weapon for the new bailiff.

 

The discussion on retiring the current bailiff’s service weapon ended.

 

Commissioner Pinkerton moved to approve the minutes of March 4 & 5, 2013. Commissioner Kirby second. Motion passed unanimously.

 

Commissioners held a tax deed hearing for year 2009 taxes. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Treasurer Beate Clark, Treasurer Jenny Fessler, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.  The appropriate documentation on the properties has been presented and the properties have met the criteria for tax deeding. One parcel to be tax deeded will receive an extension until May 20, 2013. The hearing was recorded.

 

Commissioner Pinkerton moved to tax deed the following properties for delinquent year 2009 taxes: (1) RP61N01E184810A in the name of Bill Clements at 69832 Highway 64, Meeker, Colorado 81641; (2) RP62N02E178414A in the name of Rob Froelich & Shari Froelich at P.O. Box 3008, Bonners Ferry, Idaho 83805; (3) RP61N01W230010A in the name of Buster Kittel at 1187 Risley Creek Rd, Waldport, Oregon 97394; (4) RP61N01W230910A in the name of Buster Kittel at 1187 Risley Creek Rd., Waldport, Oregon 97394; (5) RP61N01W231214A in the name of Buster Kittel at 1187 Risley Creek Rd, Waldport, Oregon 97394; (6) RP00270002015BA in the name of Joanna Lee McAllister at 31016 Hwy 200 #7, Ponderay, Idaho 83852; and (7) RP62N02E293149A in the name of Terry D. McKenney at 1407 Holly Ct., Bellingham, Washington 98226. Commissioner Kirby second. Motion passed unanimously.       

 

Chairman Dinning said none of these properties have a residence on them and Treasurer Fessler said that was correct. Chairman Dinning said there is one property to tax deed at a later date.

 

Commissioner Pinkerton moved to continue the tax deeding for parcel #RP60N01W288401A in the name of Joseph A. Duginske at 249 Crimson Lane, Naples, Idaho 83847, until May 20, 2013. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Dinning said Commissioners should include in the motion the statement that if $1,000 is not paid by May 20, 2013, the property will be tax deeded during the next Commissioner meeting after that date.

 

Commissioner Pinkerton moved to amend his prior motion to read as follows: move to continue the tax deeding for parcel #RP60N01W288401A in the name of Joseph A. Duginske at 249 Crimson Lane, Naples, Idaho 83847, until May 20, 2013, and if $1,000 is not paid by May 20, 2013, the property will be tax deeded during the next Commissioner meeting following that date. Commissioner Kirby second. Motion passed unanimously.

 

The tax deed hearing for year 2009 taxes ended at 10:10 a.m. 

 

Commissioners tended to administrative duties.

 

10:30 a.m., Chief Deputy Clerk Tracie Isaac joined Commissioners and Clerk Poston. Chief Deputy Clerk Isaac said her reports show 10 employees have exceeded the allowed amount of hours for vacation time. These are Sheriff’s Office employees and Chief Deputy Sheriff Stephens said the county can take away those hours as these employees knew the hours were to be used. Chairman Dinning said Commissioner Pinkerton had questioned if those employees were given the opportunity to use those days. Commissioner Pinkerton said if the Personnel Policy clearly states to use those days by January 1st, it’s the department head’s or elected official’s responsibility to make sure that time is used.

 

Commissioner Pinkerton moved to send a letter to the employees who have excess leave time stating if these excess hours are not used by the date described in the policy, the hours will be forfeited. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton said he would like a letter sent to the department head or elected official along with a list of employees losing that time.

 

As of January 1st there are not any employees with excess comp time and this also includes the Sheriff’s Office employees.

 

Assessor Dave Ryals joined the meeting at 10:40 a.m.

      

Chairman Dinning said if an employee had 128 vacation hours and used up four hours between then and now, it’s not appropriate to take away eight hours, but would it be to take away four hours. Clerk Poston said employees are earning hours every month. Chairman Dinning said he just wanted to add January 1st figures and not the hours the employees still have until the end of the year to use. Chairman Dinning said it’s the department head or elected official’s responsibility to ensure the employee can use those hours. Commissioner Pinkerton asked if there was a letter sent to employees about excess leave and understanding the policy, employees should know what the policy states. If the date to use those excess hours is January 1st, as of January 1st those excess hours need to be taken away. As of January 1st those hours beyond the cap come off the books. Chairman Dinning said he agrees. Clerk Poston said she doesn’t think people will be in the hole as they’re accruing hours. Chief Deputy Clerk Isaac said every month she sends the department heads and elected officials a report with the hourly information on it. Commissioners said to take away those excess hours.

 

County residents Max Schnuerle and Phil Schnuerle joined the meeting at 10:44 a.m.

 

Assessor Ryals asked if there is a provision in the policy for when there is a staffing insufficiency, and Chairman Dinning said that is what Commissioners are talking about. Assessor Ryals said he receives the reports on these hours and he stays on top of his staff so they don’t lose them, but there have been occasions when he hasn’t been able to give the time off. 

 

It was said the Personnel Policy doesn’t provide for a deadline of over 48 hours so if an employees reaches 49 hours, they would be paid for that one hour the following pay period automatically. Commissioner Pinkerton read the policy pertaining to other time off.

 

Chief Deputy Clerk presented Commissioners with exit interview paperwork to review.

 

10:50 a.m., Jamie Schnuerle and Mike Peterson with Century 21 Four Seasons joined the meeting.

 

The meeting to discuss comp time ended at 10:55 a.m., and Chief Deputy Clerk Isaac left the meeting at 10:55 a.m.

 

11:00 a.m., Planning and Zoning Administrator Dan Studer joined the meeting with the Schnuerles and Mr. Peterson. Blue Sky Broadcasting Reporter Mike Brown was also present.

 

Phil Schnuerle said he had started building a house on a piece of property four years ago and finished building it last fall. This house had been for sale and is in the process of closing, but with the county’s new Zoning Ordinance the property doesn’t meet standards.

 

In year 2005 this parcel of land near the golf course had been surveyed and currently there are four or five houses built on it and it’s a total of 18 lots. The application for this subdivision was approved by the Planning and Zoning Commission and other agencies with the exception of Panhandle Health District. Perk tests were done and passed, but Phil Schnuerle said he only purchased 6 water rights for this 18 parcel piece so Panhandle Health District would not sign off on a permit. Mr. Schnuerle said he didn’t want to buy 18 water rights at the time. Water rights were available anytime they were needed so Mr. Schnuerle said he thought why not just buy one when he needed it. Mr. Schnuerle said former Planning and Zoning Administrator Mike Weland had told him to just sell a lot when he wanted to and to have a legal description for it. The minimum lot size is five acres and that requirement has been met, according to Phil Schnuerle.

 

Chairman Dinning asked for Mr. Studer’s comments. Mr. Studer mentioned it was a successful long plat subdivision that had Planning and Zoning Commission and County Commissioner approval, but it was withdrawn for reasons stated. Mr. Studer said he has the documentation from Panhandle Health District and the Idaho Transportation Department. Mr. Studer also has records from October 2007 from Max Schnuerle and Phil Schnuerle to include a site development permit for a simple subdivision, which was applicable at that point in time. There is a simple subdivision for a couple plots and there are a couple of applications for 2006 and 2007 for the piece meal subdivision and those were approved. In November 2011, Commissioners signed off on a new zoning ordinance, which made the simple subdivision inapplicable as the parcels created don’t have driveway access to a county road or state highway. There is a short plat for parcels of at least five acres and the parcel size is in compliance, but there are six or seven parcels. Chairman Dinning said the Schnuerle’s plan was to continue with the same process when they were ready to sell another parcel. It was said that Mr. Weland was aware of this plan, but things changed with the new ordinance.

 

Commissioner Dinning explained there had been a time when the county did away with family gift deeding, but if someone had been in the middle of the process, the county had allowed those cases to occur. Commissioner Kirby said those cases were more or less grandfathered.

 

Commissioner Pinkerton said his thoughts are that the Schnuerle’s process was started under the old zone ordinance with Mr. Weland at the time and they took the step as the law outlined so basically everything was laid out at the time Mr. Schnuerle started. The Schnuerles were in full compliance, according to Commissioner Pinkerton. Mr. Studer agreed. Commissioner Pinkerton said since that time the county has changed the finish line and the Schnuerles are now hanging there so he has some heart burn over this.

 

The issue is non-compliance with Panhandle Health District. Mr. Studer said the plat is unrecorded so it is just considered a survey. Mr. Studer said the application has gone through all the provisions and public hearings and was approved, but instead of proceeding to meet requirements of the Panhandle Health District the application was withdrawn and the plan was changed to proceed one step at a time. Mr. Studer said Mr. Weland had the proceedings from years 2006 and 2007. Max Schnuerle said this isn’t just talking about one property as this issue will come up every time he and Phil sell a lot. Mr. Studer said there are only five or six parcels that exist now and the property in question is a five acre piece. The process for this parcel was started four years ago and under the prior ordinance, that was fine. This five acre parcel is part of a larger 200 acre parcel on the map that Commissioners are reviewing, but the parcel just has the description from the survey.

 

Chairman Dinning asked what is needed for the sale of this property to close. Mr. Peterson said he has an open escrow with a pending sale. Mr. Peterson explained that he has used the parcel number from the survey as the legal description for the subject property, but that wouldn’t be the correct parcel number as this subject piece is a part of the larger parcel and that is the start of legalizing this smaller lot.

 

Mr. Studer suggested a primitive short plat subdivision process, which requires the process to be seen in front of Commissioners. Chairman Dinning said Commissioners have the ability to correct errors and to not harm people and he asked what it would take to rectify the problem. Mr. Studer said for him and his authority under the current ordinance he doesn’t have authority to allow a simple subdivision. Chairman Dinning said the title company needs a legal description. Mr. Peterson said the legal is currently called Parcel E, but Parcel E would be 200 acres less this smaller piece. Max Schnuerle explained how he and Phil obtained a new legal description when they’ve created a new lot.

 

The title company will not recognize this parcel as a legal lot and Chairman Dinning asked what document will satisfy the title company. Mr. Peterson responded by requesting the grandfather clause for the lot under the good faith of what had been occurring. Mr. Peterson said the title company needs an approved Certificate of Compliance. Mr. Studer said the approving body for a short plat application is the Commissioners. A question came up about how to handle the rest of the property and Chairman Dinning said the remaining property will now fall under the new ordinance since the Schnuerles haven’t started building a new house. Max Schnuerle said he and Phil did.

 

Mr. Studer said the cost for a simple subdivision application is $35, and the Planning and Zoning Administrator obtains staff approval for a simple subdivision. The future process for the division of parcels not yet split will be a short plat subdivision with a public hearing held before Commissioners. Phil Schnuerle said if he can go through the simple plot process for $35, let’s get it taken are of, but could it be done now. Mr. Studer informed those present what the process would be. Chairman Dinning said the Schnuerles will need to demonstrate that water is available, but not that it had to be hooked up.

 

Chairman Dinning said he thinks in all fairness economically Commissioners have precedent over this, and he knows with gift deeding they allowed the grandfather clause. This application is one of those cases as there was no intent to deceive and the Planning and Zoning Department was well aware of this.

 

Commissioner Pinkerton said the process was started in good faith and he agrees with Commissioner Dinning that this is a grandfathered case. Commissioner Pinkerton said he feels bad for Mr. Studer as he has guidelines to follow and he is in a precarious spot between the old set of guidelines and the new, but it is a no brainer that is what Commissioners should do. Commissioner Pinkerton said this is the fix and from this point forward with the same set of circumstances the remaining parcels will comply with the new ordinance.

 

Phil Schnuerle said he doesn’t want to buy another 11 water rights and then have to pay for them for many years when he doesn’t use any water. It was said that a person doesn’t have to have water rights for a primitive subdivision, but water has to be available.

 

Chairman Dinning said due to circumstances this parcel has been caught in transition. If there is a motion it should allow Mr. Studer to issue a Certificate of Compliance for this parcel because of existing conditions.

 

Commissioner Pinkerton moved to allow Planning and Zoning Administrator Dan Studer to issue a Certificate of Compliance to Schnuerle Brothers for Parcel E of the unrecorded survey as presented. Commissioner Kirby second. Motion passed unanimously. 

 

The meeting with Mr. Peterson, Ms. Schnuerle, Max Schnuerle, and Phil Schnuerle ended at 11:30 a.m.

 

Commissioners said Boundary County received a Bureau of Homeland Security Grant for the 2012 Operation Stonegarden Grant Program in the amount of $48,763.

 

Commissioner Kirby moved to authorize the Chairman to sign the State of Idaho Bureau of Homeland Security Subgrant Application for Assistance for the 2012 Operation Stonegarden Grant Program and Memorandum of Understanding regarding the State Use of 2012 Operation Stonegarden Funding on Behalf of Boundary County. Commissioner Pinkerton 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 Dinning, Commissioner Pinkerton, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser.

 

Commissioners tended to administrative duties. 

 

2:00 p.m., Resident Gary Leonard met with Commissioner to discuss the proposed Fourth of July fireworks event and fundraising. Mr. Leonard said he is trying to raise $6,000, which is a bit more than last year. Approximately 25 letters have been sent out and the Rotary Club will be one of the organizations Mr. Leonard said he would approach. Mountain West Bank is also going to donate. Mr. Leonard said he will need the County’s support for the insurance and memorandum of understanding with the City of Bonners Ferry. Mr. Leonard spoke of the involvement his nephew had in the prior year’s event and of the possibility the Lion’s Club may put on some event. Chairman Dinning said it has been Commissioners’ experience that the county had worked with the City of Bonners Ferry in regards to insurance.

 

Commissioner Kirby moved to continue working with the City of Bonners Ferry in regards to insurance coverage for the Fourth of July fireworks event. Commissioner Pinkerton second. Motion passed unanimously.    

  

Mr. Leonard proposed a pie in the face contest. Commissioner Pinkerton volunteered to be the target. Mr. Leonard said he’s been in contact with Angela Hittle on the Park and Recreation Board and she preferred to handle the food. Mr. Leonard said he would like to keep this local as it’s for the people of Boundary County. Mr. Leonard said this isn’t for the purpose of generating funds as he doesn’t plan to spend more than the $6,000 and whatever money certain organizations raise from their sales, he considers that theirs. Chairman Dinning suggested Mr. Leonard not worry about excess funds as monies raised could go toward the next year’s event. Commissioner Kirby spoke of an instance when bills were generated from an event when no one was available to pay it. Mr. Leonard said there are three certified igniters to light the fireworks. Mr. Leonard explained how payments were made in the past, but this year the City of Bonners Ferry has agreed to open a donation bank account.

 

Mr. Leonard left the meeting at 2:15 p.m.

 

Commissioners tended to administrative duties.

 

Commissioner Pinkerton moved to authorize the Chairman to sign the FY 2012 Idaho Juvenile Accountability Block Grant (JABG) Intent to Use Allocation. Commissioner Kirby second. Motion passed unanimously.

 

Commissioners tended to administrative duties.

 

Airport Board Member Jay Wages and Deputy Clerk Nancy Ryals joined the meeting.

 

Mr. Wages said the Airport Board has located an independent engineer to conduct an audit. Mr. Wages explained that when an engineer is hired to do the work, before they begin another engineer has to be hired to audit what will be done before it passes the at the Federal Aviation Administration (FAA). Mr. Wages said this is done to ensure the costs charged by the engineering firm doing the work are fair and just.

 

Mr. Wages discussed where the Airport Board is at in land acquisition process. Mr. Wages said property owner Craig Wheatley wants to include his property that his building is on with the other parcel, but that property is not included in the land purchase at the moment. The other concern is the understanding the Planning and Zoning Commission is looking at revisiting the Comprehensive Plan so that really needs to be watched so the county is not backing itself up. Chairman Dinning said that process is a ways off and he’s discussed not drafting something that will affect the airport with the Planning and Zoning Administrator.

 

The meeting with Mr. Wages ended at 3:05 p.m. Deputy Clerk Nancy Ryals left the meeting.

 

Commissioners tended to administrative duties.

 

3:30 p.m., Commissioners participated in the Idaho Association of Counties legislative conference call with Treasurer Jenny Fessler, Clerk Glenda Poston, Assessor Dave Ryals, Kerry Ellen Elliott with the Idaho Association of Counties (IAC), and various elected officials from the five northern counties.

 

Chairman Dinning said this may be a shorter conference call since Tony Poinelli and Seth Grigg with the Idaho Association of Counties were unavailable. Ms. Elliott said the Personal Property Tax Bill that passed the House this morning is on the floor now. Ms. Elliott said this bill passed 67 to 2 and adding utilities added approximately $500,000 to the cost of replacement. Ms. Elliott said she will see what happens in the Senate, but that is where the bill now is.

 

SB1117 went to floor with a do pass, but there will be a trailer bill for more local control. IAC will be okay with the trailer bill, which is thought to have been printed today, according to Ms. Elliott. Benewah County Commissioner Jack Buell voiced his concerns over SB1117. 

 

Ms. Elliott said a new right-of-way draft was printed. This bill deals with right-of-way and access and tries to protect the roads that access and go through federal lands. It provides for a passive abandonment. Ms. Elliott said there was care to protect roads that go through private property to access another private, or state or federal property.

 

Participants of the conference call also reviewed other proposed bills.  

 

The conference call ended at 4:00 p.m.

 

Courthouse Custodian Jim Thompson stopped by Commissioners’ Office at Commissioners’ request.

 

Chairman Dinning informed Mr. Thompson that the old oven he is interested in has to be sold at public auction if it is county property.

 

Mr. Thompson left the meeting.

 

Commissioner tended to administrative duties.

 

There being no further business, the meeting adjourned at 4:15 p.m.

 

 

                                                                        __________________________________

                                                                        DAN R. DINNING, Chairman

ATTEST:

 

__________________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk