***Monday, May 20, 2013, Commissioners met in regular session with Commissioner LeAlan L. Pinkerton, Commissioner Walt Kirby and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office.


Clerk Glenda Poston joined the meeting.


Commissioner Pinkerton moved to appoint Commissioner Kirby acting chairman in the absence of Chairman Dan Dinning. Commissioner Kirby second. Motion passed unanimously.   


9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall provided a written report. Road and Bridge continued to crush and stockpile rock and most of the crew is patching potholes this week. Work was done to Moon Shadow Road, cleaning brush on Lookout View Road, and putting up new street signs. Mr. Gutshall said this week will pretty much look the same and road patching will continue.


Mr. Gutshall said he took a look at the water problem at District 5 and he will add a culvert to the particular problem spot tomorrow. Mr. Gutshall said within one week he should be able to grind the road surface on Moon Shadow Road for about one-quarter of a mile and he’s considering the idea of paving this portion of road. Mr. Gutshall said this cost is not in his budget so it may have to come out of his oil budget. Because of the hill on Moon Shadow Road, traffic turning into the church and the speeds, the chipseal gets chewed up, according to Mr. Gutshall.


Mr. Gutshall said he’s submitted an application to design a turn-bay on Division Street, but the Moon Shadow Road project is priority.


Mr. Gutshall discussed biodiesel and reviewed information received from Caterpillar (CAT). Mr. Gutshall said it sounds like biodiesel can be used with similar expectations, but his biggest concern is that whatever the county does on the seven year warranties, CAT is good with that, but if there is a problem and CAT relates the problem to a county’s change, there could be a problem. Commissioner Pinkerton said he uses 100% biodiesel in all of his tractors. Mr. Gutshall and Commissioner Pinkerton mentioned the rebates involved and Commissioner Pinkerton said it warrants taking a look at. Commissioner Pinkerton spoke of the benefits biodiesel has provided him.


Commissioners and Mr. Gutshall discussed the idea of a cost share program for dust abatement. Mr. Gutshall said if that was the plan, the county would have to start it earlier in the year. Clerk Poston asked if it’s like an application system that would have to be approved. If the program was a 50/50 match and if someone applied for the program and was approved, that property owner could pay the cost and the county would reimburse, such as the property owner pays the vendor and the county will reimburse that cost.


Mr. Gutshall said he has his budget to submit to Clerk Poston and it’s similar to last year’s as far as being conservative. Two Road and Bridge positions have been eliminated permanently. Mr. Gutshall said he will make no more attempts to cut manpower as in all honesty it’s getting hard to maintain services and work on projects. Mr. Gutshall suggested he and Commissioners take a road tour sometime so he can show them how his crews are scheduled.


Commissioner Pinkerton moved to declare the following county vehicles surplus property: a 1986 Chevrolet 1 ton, 4X4 pickup truck, VIN#1GBJK34W7GS179798 and a 1987 Chevrolet ¾ ton, 4X4 pickup truck, VIN#1GCCV24K3HJ124129. Chairman Kirby yielded the chair to second. Motion passed unanimously. 


Commissioner Pinkerton moved to adopt resolution 2013-24. A resolution authorizing the sale of surplus county property at public auction. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously. Resolution 2013-24 reads as follows:




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 interest 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 at a date and time determined by the Boundary County Commissioners.


                DATED this 20th day of May, 2013.


                                                                                                COUNTY OF BOUNDARY

                                                                                                BOARD OF COUNTY COMMISSIONERS


                                                                                                Dan R. Dinning, Chairman


                                                                                                LeAlan L. Pinkerton, Commissioner


                                                                                                Walt Kirby, Commissioner


Glenda Poston

Clerk of the Board of County Commissioners


By s/__________________________________

    Glenda Poston, Clerk     

    By: Michelle Rohrwasser, Deputy Clerk

    Recorded as instrument #257507



2013 Boundary County Surplus Auction Items:


1 – 1986 Chevrolet 1 Ton, 4X4 pickup truck, VIN #1GBJK34W7GS179798


1 – 1987 Chevrolet ¾ Ton 4X4 pickup truck, VIN #1GCCV24K3HJ124129         


The meeting with Mr. Gutshall ended at 9:35 a.m.


9:30 a.m., Courthouse Maintenance Jerry Kothe met with Commissioners to give a department report. Mr. Kothe presented a written report. Mr. Kothe said the flower beds have been weeded and tilled. The waterline at the RV dump site at the fairgrounds has been leaking so the city has checked the meter and shut off the water. The Park and Recreation Board had someone look at the problem and they will provide a cost to fix the leak.


Commissioner Pinkerton moved to allow Stimpson Lumber Company the use of the snowmobile park to temporarily stockpile gravel for a project. Acting Chairman Kirby yielded chair to second. Motion passed unanimously.


Deputy Clerk Nancy Ryals joined the meeting at 9:45 a.m.


Mr. Kothe said the gas company is putting barriers in front of the gas meter at Memorial Hall. Fulton Construction has repaired the damage caused by a county resident, but the staining hasn’t been completed yet.


The meeting with Mr. Kothe ended at 9:45 a.m.


Commissioner Pinkerton moved to go into closed session under Idaho Code #31-874. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously. 9:54 a.m., Commissioner Pinkerton moved to go out of closed session. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


Commissioner Pinkerton moved to write off $47,307.21 for indigent account 2008-15 due to a bankruptcy and there being no pre-bankruptcy property. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


Commissioner Pinkerton moved to approve indigent 2013-17 as per the Clerk’s recommendation. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.  


Commissioner Pinkerton moved to deny indigent applications 2013-18 and 2013-19 as per the Clerk’s recommendation. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


Deputy Clerk Ryals left the meeting at 9:55 a.m.


Boundary Volunteer Ambulance (BVA) President Ken Baker joined the meeting at 9:55 a.m.


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


President Baker said once BVA’s attorney has finished working on the contract for ambulance services, he will bring it to Commissioners.


Commissioner Pinkerton moved to approve the minutes of April 15 2013. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


10:05 a.m. Commissioner Pinkerton moved to adjourn as the Governing Board of the Ambulance Service District and reconvene as the Board of County Commissioners. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


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


10:15 a.m., Treasurer Jenny Fessler joined the meeting to discuss a matter of delinquent property taxes for parcel #RP63N02E361360T.


Commissioner Pinkerton moved to deny the request to cancel interest and late fees for tax year 2010 for parcel # RP63N02E361360T. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.  


Treasurer Fessler said Joseph Duginske has not paid his year 2009 taxes in full as of the deadline agreed to by Commissioners and Mr. Duginske. The remaining balance of $400 was due as of today.


Treasurer Fessler left the meeting at 10:15 a.m.


10:30 a.m. Phil Allegretti with Panhandle Pest Control joined the meeting to discuss the contract for the West Nile Mosquito Study. Mr. Allegretti explained the study and his participation, which is to set and collect the mosquito traps and send them to the state for testing. Mr. Allegretti briefly listed various locations where he puts his traps.


Commissioner Pinkerton moved to authorize Acting Chairman Walt Kirby to sign the State of Idaho Department of Health and Welfare Contract #HC793900 for Boundary County’s West Nile survey study. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.  


Commissioner Pinkerton moved to approve the Independent Contractor Agreement with Phil Allegretti with Panhandle Pest Control for the West Nile Study upon the Agreement’s completion. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.  


Mr. Allegretti left the meeting at 10:40 a.m.


Commissioners tended to administrative duties.


Commissioners discussed the request made by a county resident for Commissioners to hold town hall meetings. Commissioner Pinkerton said Commissioners will add a discussion of town hall meetings on the agenda and to inform the person who had made the request.


Commissioners tended to administrative duties.


11:00 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Jeri Witt joined the meeting.


Ms. Magee presented Commissioners with a report generated from the QuickBooks Program from September 30th to present. Those present reviewed the format in the report.  


The meeting with Ms. Magee and Ms. Witt ended at 11:25 a.m.


11:30 a.m., Boundary Community Hospital CEO/CFO Craig Johnson and Hospital Board of Trustees Chairman Elden Koon joined the meeting.


Mr. Johnson said the Hospital’s finances are in the red for the month of April, but would be in the black without depreciation. April was a slow month for admissions, but admissions had increased in May. The Hospital’s health fair was held last weekend and between 300 to 400 people attended. There will be a golf tournament held on June 14 and a golf ball drop game will be done. This is an event sponsored by Life Flight in which people can purchase a golf ball for $5.00 and whoever has their golf ball dropped and land in a hole wins a 55 inch television. The golf balls can be purchased from Linda Hiatt at Riverside Auto, according to Mr. Johnson.


Mr. Johnson said Saturday, June 15, 2013 will be the day for Dr. Lucero’s dedication of services and then Dr. Lucero’s family will hold a celebration for him at Memorial Hall. 


The meeting with Mr. Koon and Mr. Johnson ended at 11:40 a.m.


1:30 p.m., Commissioners opened the sealed quotes for surplus county vehicles. The county is seeking quotes for the following vehicles: 1987 Chevrolet ¾ Ton, 20DLX, 4X4, VIN #1GCEV24K4HJ136765; 1999 Ford Expedition 4WD, VIN #1FMRU1867XLB92337 and 1989 Ford F250, 4X4, VIN #1FTEF26H5KLA83665.    Present were: Commissioners, Deputy Clerk Michelle Rohrwasser, Darlene Higgins, Jeff Gutshall and Ken Arthur. The proceedings were recorded.


Two sealed quotes were received for each vehicle. Darlene Higgins, Jeff Gutshall, Evan Ellis and Terry Johnson provided sealed quotes for various vehicles.


Commissioner Pinkerton moved to accept quote of $565 from Darlene Higgins for a 1987 Chevrolet ¾ ton 4X4 pickup truck, VIN#1GCEV24K4HJ136765. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


Commissioner Pinkerton moved to accept quote of $677 from Darlene Higgins for a 1989 Ford F250 ¾ ton pickup truck, VIN#1FTEF26H5KLA83665 from Darlene Higgins. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


Commissioner Pinkerton moved to accept the quote of $976 from Darlene Higgins for a 1999 Ford Expedition 4WD, VIN #1FMRU1867XLB92337. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously. 


The meeting to open quotes for surplus county vehicles ended at 1:45 p.m.


Commissioners tended to administrative duties.


3:00 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.


***Tuesday, May 21, 2013, Commissioners met in regular session with Acting Chairman Walt Kirby, Commissioner LeAlan L. Pinkerton and Deputy Clerk Michelle Rohrwasser. Commissioner Dan Dinning was out of the office.  


Commissioners held an elected officials/department heads meeting. Present were: Restorium Administrator Karlene Magee, Clerk Glenda Poston, Treasurer Jenny Fessler, Planning and Zoning Administrator Dan Studer, Courthouse Maintenance Jerry Kothe, Noxious Weeds Superintendent Duke Guthrie, Extension Office Educator Carol Hampton, Road and Bridge Superintendent Jeff Gutshall, Chief Deputy Clerk Tracie Isaac, Assessor Dave Ryals, Prosecutor’s Office Manager Tammie Goggia, and Chief Probation Officer Stacy Brown.


Acting Chairman Kirby said two of the three items on the agenda are not quite ready for discussion. Carrie Spears, representative from Afflac was supposed to be on the agenda to inform employees of their services. Chief Deputy Clerk Isaac said if any office has employees interested in Afflac’s services, they can contact her as she has Ms. Spears’ contact information.


Clerk Poston said today is the election for members of the school board so if someone is not sure what zone they are in to check with her office. Absentee voting is not an option any longer so voters will have to go to their specific polling place.


Mr. Kothe asked about part-time employees as far as medical insurance. It was said the cut off hours for part-time is 30 hours or more to require the county having to provide insurance benefits. Clerk Poston said this matter is still a moving target. Commissioner Pinkerton said every time Obamacare is discussed in Washington D.C. a whole gamut of issues arises. It was said the administration is still operating with current and past regulations. Ms. Hampton said all proposals on the table from both sides are to protect those people 55 or older.


Mr. Gutshall said he thought the sealed bid process for surplus auction items was a good idea. Acting Chairman Kirby said the Restorium has a small Datsun pickup to surplus, but they need to replace it with something else.


The elected officials/department heads meeting ended at 9:19 a.m.


Commissioners tended to administrative duties.


9:30 a.m., Noxious Weeds Superintendent Duke Guthrie provided Commissioners with a department report. Mr. Guthrie said the city would like him to spray weeds again and it would be similar to the agreement from the prior year. Acting Chairman Kirby said he feels Mr. Guthrie should take care of spraying and sending the invoice himself. Commissioner Pinkerton said he has been approached by people interested in the reimbursable weed spraying program so he referred them to Mr. Guthrie.     


The meeting with Mr. Guthrie ended at 9:35 a.m.


Commissioners tended to administrative duties.


Treasurer Fessler stopped by the Commissioners’ Office to question matters relating to a potential tax deed situation.


Jeanne Diel joined the meeting at 9:40 a.m.


Ms. Diel said she is on the committee for the all school reunion and she asked if the county could be a part of hosting the event. Ms. Diel said the request is just for insurance purposes and the City of Bonners Ferry has agreed to participate as host as well. Acting Chairman Kirby said both the city and county are insured under the same company. A joint powers agreement could be drafted for all involved. Ms. Diel said insurance agent Darrell Kerby offered to explain how the insurance works. Acting Chairman Kirby and Commissioner Pinkerton said they would like to be part of the all class reunion.


Commissioner Pinkerton moved for the county to partner in hosting the 2013 all class reunion along with the City of Bonners Ferry and the Boundary County School District. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.


The meeting with Ms. Diel ended at 9:55 a.m.


10:00 a.m., Commissioners held a public hearing in the Extension Office for Planning and Zoning Application #13-019 for a special event permit requested by DelRay Romero to put on a mud bog and rock crawl event. Present were: Acting Chairman Walt Kirby, Commissioner LeAlan Pinkerton, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Dan Studer, Applicant DelRay Romero, James Wilger, Jerry DePue, Jerry Blakely, Scott Peterson, Jeff Gutshall, Emma Ivins, Roy Burton, Frank Hanks, Kathy Hanks, Robin Sowers, Clarence Jones, Robert Sanders, Oma Sanders, Cheri Romero, Dave Wenk, Linda McFaddan, Mark McFaddan, Darlene Miller, John Miller, Jacqueline Gale, Don Rigney, Greta Marcy, Leon Marcy, Curtis Gunnells, Cynthia Dalrymple, Mary Gutshall, Teri Wallace, Jerry Wallace, Bonners Ferry Herald Reporter Laura Roady, Jeff Lewis, Gary Ivins, Robert Thompson, Carol Thompson, David Hester, Lori Mason, Pat Atkins, Tia Avery, Kortni Roy, and Kaley Piatz. The public hearing was recorded.


Acting Chairman Kirby briefly reviewed the public hearing procedures. No member cited a conflict of interest. Acting Chairman Kirby asked for the applicant to give an opening statement.


DelRay Romero introduced himself to those present and explained the reason he is proposing the mud bog/rock crawl is to generate funds as he has taken over his mother’s property payment and it is hard to make two payments. Mr. Romero said the options are divide the property and sell, or to hold a motor sports event. Mr. Romero said he has spoken to various people as to what it would take to host such an event. Mr. Romero said he is aware there are a lot of rumors that Bruce Behrman, host of the Moyie Mud Bog is going to run this operation, but he has never met Mr. Behrman and Mr. Behrman running the event will not happen.


Mr. Romero said he estimated approximately 500 attendees and he explained his thought is the motor sports event would not be a recurring event otherwise he would have to go through this process all over again. Mr. Romero said he has contacted a security company and various agencies about concerns so those concerns could be addressed. An ambulance and South Boundary Fire District will be on standby and in addition he and others present are also EMT/fire fighters. A helipad will be developed in case there is need. Mr. Romero said he knows that dust is a concern so he will mitigate that before the event. A water truck will be onsite for the dust on the property itself. No alcohol will be served and will be prohibited and if alcohol is seen, it will be confiscated. Mr. Romero said he wants to have a family event. Mr. Romero said he was told having a beer garden would provide a means for containment, but then people would potentially leave intoxicated so he decided against alcohol all together.


The dates proposed are Friday, August 9th through Sunday, August 11th from the hours of 9:00 a.m. to 7:00 p.m. and there will be no partying or bonfires. Mr. Romero said he thinks these restrictions will prevent a lot of people from coming. Of the funds raised, 15% will be donated to the school district. Mr. Romero said he expects to pay approximately $15,000 for staffing and other related costs and that approximately $25,000 in commodities will be spent as a result of people coming to town for the event. Mr. Romero said he’s not sure how much money this event will raise so it might not help save the property. Of the adjoining neighbors four are in favor, one is against and two others couldn’t be reached, according to Mr. Romero. Mr. Romero said there will be increased noise, but he plans to set up the course so that noise is directed to the state’s land. Mr. Romero said he consulted various county representatives about a noise ordinance and it is fairly vague.


Mr. Romero said there will be no music or bands. The Sheriff’s Office voiced concerns about drunk driving and underage issues and Chief Deputy Sheriff Stephens had concerns over personal property damage. Mr. Romero said he would have the Sheriff’s Office, if willing, come onto the property to address any issues that arise.


If there are injuries, Mr. Romero said Boundary Volunteer Ambulance will be present in addition to himself and others who happen to be paramedics. Limited camping will be available on his property and if there is overflow, there is the use of local motels. Benefits to the community include: shopping in grocery stores, specialty stores and auto parts stores, staying at local motels and hotels, paying Oxford Inc. for dust control, paid staff will be local people, and 15% of proceeds will be donated to schools.


Mr. Romero said he knows that people are worried about decreased property values due to his event, but this is a one time event as opposed to splitting up the property and selling it at a reduced price quickly, which will reduce values. Mr. Romero said he wants a fun event for families. A lot of these motor sports events happen, but they allow alcohol and that’s not an environment for kids and families. It’s possible that the Road and Bridge Department can address any potential damage to the county road, but maybe it’s no worse than the number of huckleberry pickers. Addressing the snowmobile park concerns, Mr. Romero said if his application is approved, resources could be pooled to create a sign or build a fence or maybe have the county close the park for the weekend.


Mr. Romero read aloud a letter written in 2007 in which County Commissioners voiced their support of the Moyie mud bog as well as a letter from Oscar Anderson who voices approval as the purchase of boulders will be beneficial to his company and employees. Mr. Romero also referenced letters of support from Linda McLeish, Kenny Corsi and Gail Solomon.


Acting Chairman Kirby asked if Commissioners had any questions. Commissioner Pinkerton said Mr. Romero did a great job and was thorough, and he appreciates the planning.


Mr. Studer provided a staff report and said some of the Ordinance’s provisions do come up. This property is in the agriculture zone and this event is considered a moderate use. Mr. Studer said he had deferred his decision making authority to County Commissioners. From the Comprehensive Plan, provisions from the Agriculture/Forestry Section, 13.4.8, were reviewed. Mr. Studer said the use proposed by Mr. Romero is, of course not identified. The use is considered high occupancy and moderate, according to Mr. Studer.


Acting Chairman Kirby asked for public comments in favor of the application.


Tia Avery said Mr. Romero will do a great job with enforcing no alcohol. This event is very family oriented and great for kids. Mr. Romero went above and beyond to consider the safeguards and has done his research.


Jeff Lewis said he’s lived on his property for five years now. He’s had concerns over the event, but mainly over access easements as he doesn’t want his access used. Mr. Lewis said Mr. Romero was totally workable, and he doesn’t think the event is for profit. It’s a community rallying together and to keep the property from being subdivided. Splitting the property will devalue the property and selling it at a low cost could bring in the wrong type of crowd. Mr. Lewis said the thought needs to be on Ms. Romero and her son who could lose the property. Mr. Lewis said he’s in favor of the application. It’s only going to take place over three days and he would hate to see division of the beautiful pasture land. Mr. Lewis said he’s about 1,000 feet to the south of the proposed site.


Gary Ivins said he lives the closest to the proposed event and has lived there for seven years. Ms. Romero has been the best of neighbors. Most important is to come to rally for the neighbors and a one time, three day event will not kill him. Mr. Ivins said his only concern is after the costs of the motor sport event is paid, will there be any profit left over. Mr. Ivins said he speaks very highly in favor of Mr. Romero’s application.


Planning and Zoning Administrator Dan Studer read a letter of support from Janet Preston into the record.


Acting Chairman Kirby called for public comments from those uncommitted to the applicant.


Lori Mason said Mr. Romero has really done his work. Ms. Mason said her son attended the Moyie mud bog and had fun, but spoke of people littering. Removing alcohol is a good thing, but she doesn’t trust that people will do the right thing. A concern over the snowmobile park was also mentioned. Ms. Mason said Ms. Romero is a friend and she feels bad for her situation, but at the same time she’s concerned about the element this type of event could bring.


Speaking in opposition was Dave Wenk, Gold Road. Mr. Wenk read aloud a petition signed by 93 people and presented it to Commissioners. Mr. Wenk’s concerns included the size of the event not zoned for the area, loud noise, dust, lack of an exit for emergency medical services, fire danger, and disruption to the area’s tranquility. Mr. Wenk said the event is the right thing, but in the wrong location. The noise isn’t always the worst, but due to the site’s proximity to a nearby hill, the noise will be deflected back towards the neighborhood.


James Wilger, Tanna Lane, said the Romero’s sold his property to him and he listed various concerns as follows: according to public records Mr. Romero owes no money on the property, a neighbor, Mr. Moore, hadn’t been notified of the event and Mr. Romero’s testimony is all verbal with no written information. Mr. Wilger reviewed a letter written from Beth Reinhart with the U.S. Army Corps of Engineers stating that anytime work is done near wetlands the person doing the work is encouraged to contact them. Mr. Romero’s application lacks details such as the size of the pit, etc. Mr. Wilger said June Berquist with the Department of Environmental Quality stated that there are no water rights in that section and in speaking to the Department of Water Resources, Mr. Wilger said any runoff into Highland Creek would be an issue. Several things in the application do not match Mr. Romero’s testimony and permitting this application would be irresponsible. Mr. Wilger said to vote no.


Scott Peterson said he owns property next to Sheri Romero. The property had once been 320 acres, has been split several times and is now 72 acres. Other than the water issue, Mr. Peterson said he is worried about safety. The mud bog in Moyie Springs is set down in gravel and the crowd can be separated, but in this case the ground is flat.


Jeff Gutshall said he doesn’t want the Romero’s to lose the farm, but he thinks they will do fine. Mr. Gutshall expressed concern over the use of the snowmobile park and said if not regulated, there could be alcohol present. Mr. Gutshall said to Commissioners if they look around most of the properties are 10 acres in size with little gray haired people such as himself who like to go for walks and keep to themselves. Mr. Gutshall said Mr. Romero did a great job, he really did, but he’s not sure if the event would be a one time thing.


Clarence Jones said the application is good, but a lot is missing. There will be tremendous expenses involved. There will be rock that is hauled in, but won’t be hauled out. Mr. Jones said he spends a lot of time on Highland Flats Road and he knows the traffic and spoke of the number of increased beer cans along the side of the road in the summer. These people will come speeding down the straight stretch of the road. Mr. Jones questioned where Mr. Romero will be able to park 250 cars and 150 trailers. There will be a lot of people, cars, traffic, and beer cans.


Robert Sanders said he is opposed and voiced concerns over the snowmobile park. There are no posted regulations for the park such as allowed lengths of time to stay and fires. There are no gates, the pavilion has downed trees and there are no spark arresters at the fire pit. Mr. Sanders submitted photos of the snowmobile park. Mr. Romero will shut down the event, but the park won’t be shut down.


Oma Sanders said she heard about the mud bog through the grapevine and hadn’t received written notice. Ms. Sanders said Mr. Romero is delightful, but he had told her the night previous that if the event goes well, he may decide to do it again.


Mark McFaddan voiced concerns over the traffic, garbage and the event’s possible repetitive nature.


Don Rigney said he has 64 acres off Highland Flats Road and he and his granddaughter spend one day a week picking up trash along the road. This road is breaking up and traffic is a major issue. Mr. Rigney spoke of increased traffic and auto accidents that have ended up on his property as it’s a bad stretch of road. Mr. Rigney said when people leave the mud bog they will speed unlike the residents who live there. Wildlife is suffering due to the traffic, according to Mr. Rigney.


There being no further comment Commissioners asked for Mr. Romero’s rebuttal. Mr. Romero addressed Mr. Wilger’s comments. Mr. Romero said he spoke to Mr. Moore, but he couldn’t be reached earlier. There was no intention to have a vague application and if it’s preferred, more details could be provided. Mr. Romero said his plan is to construct a fence around the creek and he mentioned the wetland riparian area. Mr. Romero said in regards to water sources, he has two private wells on the property. In doing a rough measurement the area there is room to park up to 2,000 cars. In addressing Ms. Sanders’ comments about holding another mud bog event, if he did get a permit to hold the event this time, he would have to go through the entire process again for another one. Mr. Romero said he doesn’t like trash either, but once people are off his property and out in the county, he can’t control that. Mr. Romero said he would like to shut the snowmobile park down if the county is able to. Mr. Romero said he would like to have people work towards a solution in regards to the park as he’s heard the problems, but no solutions.


The hearing was closed to public testimony. Commissioner Pinkerton said there is a lot for Commissioners to think about such as what is applicable, what is not, and adverse impacts, etc. Commissioner Pinkerton said he’s got to put a lot of thought into this.


Commissioner Pinkerton moved to continue the public hearing for Planning and Zoning Application #13-019, a request for a mud bog/rock crawl event made by DelRay Romero to Tuesday, May 28, 2013 at 10:00 a.m., to be held in the Extension Office in order to allow the Commissioners to deliberate as a full board and to come to a decision. Written public comments will be accepted up until that time. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.        


The public hearing ended at 11:25 a.m.


Commissioners recessed for lunch.


1:30 p.m., Commissioners reconvened for the afternoon session with Acting Chairman Kirby, Commissioner Pinkerton, Deputy Clerk Michelle Rohrwasser.


Clerk Glenda Poston joined the meeting.


1:30 p.m., Local youth Jacob Fletcher and his parents met with Commissioners, Clerk Poston, Treasurer Jenny Fessler, Chief Deputy Sheriff Rich Stephens, Boundary County Emergency Services Incident Director Dave Kramer,  Boundary Volunteer Ambulance President Kenny Baker and Chief Probation Officer Stacy Brown.


The purpose of Mr. Fletcher’s meeting with Commissioners was for him to apologize for calling in at least one of the bomb threats to the Boundary County Schools. Mr. Fletcher said he would like to apologize to Commissioners for what he had done and for doing that to Commissioners’ kids and grandkids.


Commissioner Pinkerton said he’s glad that Mr. Fletcher came and wanted to apologize to the community as that it is the right road to take. Commissioner Pinkerton told Mr. Fletcher that he is a good young man and he wants all young men like Mr. Fletcher to grow up to become good men. This is the right step for Mr. Fletcher to take to become that good man and this is the first step. What’s most important for Mr. Fletcher and others to know is that they’re not by themselves and that there are good people around us to help us, Mr. Fletcher and others. It’s more than saying sorry; it’s acting on it and asking what can be done to keep on the right road. Commissioner Pinkerton said that’s being a good neighbor and he appreciates that very much. That’s a promise for Mr. Fletcher to keep, according to Commissioner Pinkerton.


Chief Deputy Sheriff Stephens told Mr. Fletcher that he is a good kid and not a monster that the media can portray, but he wanted Mr. Fletcher to know that the present group of people in Commissioners’ Office is just a small group who were affected by the bomb threat that was called in.


Acting Chairman Kirby said there will be a good amount of people in this room that can be Mr. Fletcher’s friend and help him in ways they can. That’s our job in life, according to Acting Chairman Kirby. Things have changed and we are Mr. Fletcher’s friend.


Mr. Kramer said he’s glad Mr. Fletcher is here accepting responsibility for what he had done. Mr. Kramer said he hopes Mr. Fletcher understands the response involved due to the bomb threats and he hopes Mr. Fletcher will give back to the community and will maybe become a volunteer in the community. It takes a lot to come into the community and to accept responsibility, according to Mr. Kramer.


Clerk Poston said Mr. Fletcher will help the community by performing community service work.


Commissioner Pinkerton told Mr. Fletcher that whatever he does in life to do the best he can.


The meeting with Mr. Fletcher ended at 1:35 p.m.


Commissioners tended to administrative duties.


1:45 p.m., Deputy Clerk Nancy Ryals, Waterways Board member Mike Naumann, KPND News Reporter Mike Brown, and Bonners Ferry Herald Reporter Laura Roady joined the meeting.


Mr. Naumann informed Commissioners the addition to the Waterways Building is almost complete and it just needs a soffit. Mr. Naumann said he is just waiting to receive one invoice from BF Builders. Mr. Naumann said he still needs to complete the outside water. Deputy Clerk Ryals said the project needs completed by June 30th.


Deputy Clerk Ryals reviewed the grant amount and the amount of the bid from Bonners Ferry Builders. Totals were over the budgeted amount and funds were added due to permitting issues. Both the state and county are to contribute $21,850 each and funds from the state have to be requested in order to pay Bonners Ferry Builders. Mr. Naumann said he has the form to request the funds from the state.


Deputy Clerk Ryals said $22,184.89 has been expended for the grant for the Deep Creek restroom, but that doesn’t include $250 for the Panhandle Health District permit fee. The state has sent $11,389 for the invoice from Kelly’s for the slab, but state reimbursement is still needed for the picnic tables. There is still landscaping and gravel placement at a cost of $2,000 that still needs done. Mr. Naumann said the county is committed to match $1,000 in labor and gravel. Clerk Poston asked if reimbursement has been requested for the picnic tables. Deputy Clerk Ryals said no, and she mentioned getting the projects going while requesting reimbursement at the same time. Mr. Naumann said he’s aware this all has to be completed by June 30th. Clerk Poston said Mr. Naumann needs to get this going so she knows where the budget is for next year. Deputy Clerk Ryals asked for a copy of the request for reimbursement when Mr. Naumann has it done.


Mr. Naumann said he would like to apply for a grant for new docks at the Waterways site. Clerk Poston said the existing grant really needs to be completed first as it’s already received an extension.


Those present discussed getting all Search and Rescue items together to keep them central. Clerk Poston said the picnic tables and building addition information need to be added to the county’s inventory for insurance coverage.


Deputy Clerk Ryals said the state is going to close their financial books on June 30th and no funds will be issued for a few weeks.   


The meeting with Mr. Naumann, Deputy Clerk Ryals and Clerk Poston ended at 2:00 p.m.


There being no further business, the meeting adjourned at 2:15 p.m.






                                                            DAN R. DINNING, Chairman








By: Michelle Rohrwasser, Deputy Clerk