October 14, 2013, Commissioners did not meet due to the Columbus Day Holiday.

 

Tuesday, October 15, 2013, Commissioners met briefly at 2:25 p.m. to review and approve claims for payment. Present in the Commissioner’s room were Commissioner Walt Kirby and Deputy Clerk Nancy Ryals. Chairman Dan Dinning was present via telephone. The claims approval list was previously emailed to Chairman Dinning for review.

 

Commissioners reviewed and approved claims. Fund totals are as follows:

 

Current Expense                                   $36,825.43

Road & Bridge                                      19,059.41

Airport                                                     4,358.19

District Court                                           4,655.31

Justice Fund                                            28,623.16

911 Funds                                                    230.11

Indigent & Charity                                        58.23

Parks and Recreation                                2,175.80

Revaluation                                                  564.01

Solid Waste                                               3,804.66

Tort                                                              993.75

Veterans Memorial                                       116.53

Weeds                                                          814.31

Restorium                                                10,318.22

Waterways                                                     99.32

 

                          TOTAL                    $112,696.44

Trusts

Auditor’s Trust                                                0.00

Drivers License                                         6,392.00

Magistrate Trust                                      39,140.76

Indigent Reimbursements                       19,053.50

Motor Vehicle Trust                                78,453.09

Sheriff’s Fund                                              118.90

 

                        TOTAL                      $143,158.25

                       

                        GRAND TOTAL     $255,854.69

 

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2014).

 

There being no further business, the meeting adjourned at 2:30 p.m.

 

October 21, 2013 and October 22, 2013, Commissioners were not in session due to a lack of a quorum.

 ***Monday, October 28, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. 

 

County resident Merrill Marcy joined the meeting.

 

9:00 a.m., Road and Bridge Office Manager Renee Nelson joined the meeting to give the departmental report. Ms. Nelson presented a written report for the weeks of October 14 & 21, 2013.

 

Ms. Nelson provided an update on the construction on Deep Creek. Deep Creek Bridge #2 has been opened as of last Friday afternoon. Some finish work is still being done, but the bridge is now open to public transportation. The school district’s bus shed, Sheriff’s Office and post office have all been notified. The emergency relief project for Deep Creek Loop near the golf course is ongoing. Changes to this project have been made and paving will start by next week, according to Ms. Nelson. The hope is to have this road open by the first week of November. If weather won’t permit paving, the road could be opened with a gravel base. Mr. Marcy spoke of sloughing caused by heavier trains that run through more often.

 

Mr. Marcy left the meeting at 9:05 a.m.

 

Ms. Nelson informed Commissioners that Road and Bridge has $34,000 in close out funds coming to them from Phase 2 of the Meadow Creek Road Project. Mr. Gutshall hopes to put those funds into the cost of hot patch mixes that he originally wouldn’t have had the funds for.

 

Ms. Nelson said the waterline project on Brown Creek is complete and the road is open to travel. Road and Bridge crews have removed trees off various roads as a result of heavy winds.

 

The Local Highway Technical Assistance Council (LHTAC) training recently provided covered a lot of projects the county can apply for with funding available for safety improvements. Ms. Nelson said she had sent Commissioners new Title VI information as well as the link to this information.

 

9:10 a.m., Commissioners opened bids for the county fuel supply for fiscal year 2013-2014. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Office Manager Renee Nelson. The bid opening was recorded.

 

One sealed bid was received from Dyck’s Oil and Auto. The bid contains a security check totaling $8,525.35. Bid details are as follows: an estimated 10,000 gallons of unleaded E-10 gasoline at a cost of $3.455 per gallon for a total of $34,550, 40,000 gallons of ultra low diesel #2 (dyed) at a cost of $3.307 per gallon for a total of $132,280, and 1,000 gallons of diesel #1 (dyed) at a cost of $3.677 for a total of $3,677. The overall bid total was $170,507.

 

Ms. Nelson said the cost of the fuel bid has increased from last fiscal year by one penny. Ms. Nelson said Mr. Gutshall stated he would like to take the bid under advisement if there was an increase and to continue the decision until the next Road and Bridge Department Report so he could look into the increase.

 

Commissioner Kirby moved to continue the bid decision for Monday, November 4, 2013 so the Road and Bridge Superintendent can review the bid information. Commissioner Pinkerton second. Motion passed unanimously.

 

The meeting with Ms. Nelson ended at 9:15 a.m.

 

9:20 a.m., Courthouse Maintenance Jerry Kothe joined the meeting to provide a department report. Mr. Kothe presented a written report to include the following: the roof of the Courthouse has been resealed; a list of county surplus personal property that has already been declared surplus has been compiled and presented to Commissioners; a valve in the basement has been replaced as it didn’t shut completely; the frost free valve is leaking, but a plumber will have to fix it; the restrooms at the fair grounds, RV dump and Deep Creek boat launch have been closed for the winter; and the Courthouse entranceway heater has been turned on. Clerk Poston mentioned an issue with the leaves that fall into the parking lot as people can’t find the lines for the parking spaces and it poses a problem as the ground becomes slippery.

 

Mr. Kothe spoke of setting up for the City of Bonners Ferry election.

 

The meeting with Mr. Kothe ended at 9:25 a.m.

 

9:25 a.m., Deputy Clerk Nancy Ryals joined the meeting.

 

Commissioner Kirby moved to go into closed session under Idaho Code 31-871. Commissioner Pinkerton second. Motion passed unanimously. 9:40 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.

 

Commissioner Kirby moved to review indigent account #2013-14 again in April 2014 for possible reimbursement and to set reimbursement on indigent account #2011-13 at a minimum of $50 per month when the applicant is working in addition to 30% of annual state and federal tax refunds. Commissioner Pinkerton second. Motion passed unanimously.

 

Commissioners agreed to leave reimbursement on indigent account #2004-21 as is.

 

Commissioner Pinkerton moved to approve indigent application #2013-33 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to approve non-medical assistance for indigent application #2014-2. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to deny indigent application #2013-35. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to suspend indigent application #2013-34 pending eligibility for social security disability and subsequently Idaho Medicaid. Commissioner Kirby second. Motion passed unanimously.

 

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

 

Commissioners tended to administrative duties.

 

9:50 a.m., Glen Fodge joined the meeting.

 

Mr. Fodge informed Commissioners that he spent $55,000 to have his own river bank rip rapped, but since the Kootenai River level has been lowered it has knocked all the dirt off due to the vibration caused by machinery the Kootenai Tribe is using to drive pilings in near Toby Schnuerle’s property. The US Army Corps of Engineers came in and took pictures and saw the sloughing. Mr. Fodge said the Corps went back to the Seattle Office and he did not hear back from them for quite some time, and when he finally did receive a call from the Corps he was told nothing would be done since the water is not coming over the river bank. Mr. Fodge said he left a message for Boundary County Emergency Services Incident Commander Bob Graham who told suggested Mr. Fodge meet with Commissioners. Mr. Fodge said Sue Ireland with the Kootenai Tribe of Idaho said the machine that drives the pilings does not cause vibration. Chairman Dinning said he doesn’t know what assistance the County can provide since this is a project with the Kootenai Tribe and the Corps of Engineers. Mr. Fodge said Ken Roberts with US Department of Agriculture (USDA) had supposedly informed the Tribe that putting in the pilings would cause a problem. Mr. Fodge said he thought there may be emergency funds available for this.

 

Bonners Ferry Herald Reporter Laura Roady and Blue Sky Broadcasting News Reporter Mike Brown joined the meeting at 9:53 a.m.

 

Chairman Dinning said he is at a loss because the county has no authority until there is imminent threat. Mr. Fodge said there is that threat to what work he has already done. Chairman Dinning said he doesn’t know where the county has a place at the table other than to ask Mr. Graham to ask the Tribe to take a look into this. The emergency money the county would have access to would come from the state and the county would have to pay the match. Mr. Fodge said the plug that was installed was done before any flooding happened. Mr. Fodge said he was just hoping some pressure from the Commissioners would help. Chairman Dinning asked Mr. Fodge if he had talked to the Tribe, and Mr. Fodge said he tried talking to Sue Ireland and she wouldn’t even take a look at his issue. The feeling is the Tribe feels their machines wouldn’t cause vibration, according to Mr. Fodge. Mr. Fodge said this is an area of his property that hasn’t had problems before and the portion of his property that has sloughed is 20 feet in depth and 100 feet in length. Commissioners said they would talk to Mr. Graham to see what solution there is. Commissioner Pinkerton said he would try to get out to Mr. Fodge’s property sometime this week.

 

The meeting with Mr. Fodge left at 10:00 a.m.

 

Commissioners tended to administrative duties.

 

Commissioner Pinkerton moved to approve the minutes for September 16 & 17, 2013 and September 23, 2013. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to adopt Resolution 2013-44. A resolution to establish Hospital supplemental levy revenue account and expense budget due to receipt of unanticipated revenue from interest and penalty. Commissioner Kirby second. Motion passed unanimously. Resolution 2013-44 reads as follows:

 

RESOLUTION 2013-44

 

ESTABLISH HOSPITAL SUPPLEMENTAL LEVY REVENUE ACCOUNT

AND EXPENSE BUDGET DUE TO RECEIPT OF UNANTICIPATED

REVENUE FROM INTEREST AND PENALTY

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2012-2013; and

 

                WHEREAS, $5,620.72 in unanticipated interest and penalty has been received for the Hospital Supplemental Levy, and

               

                WHEREAS, it is appropriate to establish the Hospital Supplemental Levy Revenue Budget Account Number 79-00-313-2012 and Expense Account Number 79-00-559-00 in the amount of $5,620.72; and

 

                WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and

               

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

 

                IT IS RESOLVED that the establishment of the Hospital Supplemental Levy Revenue Budget Account Number 79-00-313-2012 and Expense Account Number 79-00-559-00 in the amount of $5,620.72 is hereby authorized and ordered; and

 

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

 

                THIS RESOLUTION is to be effective September 30, 2013.

 

DATED this 28th day of October, 2013

                                                                                                COUNTY OF BOUNDARY              

                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/____________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/____________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/____________________________                     

                                                                                                Walt Kirby, Commissioner

 

ATTEST:

s/_________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #259211

 

Commissioner Pinkerton moved to adopt Resolution 2014-3. A resolution to deposit interest revenues into the Justice Fund pursuant to Idaho Code 31-4603(3). Commissioner Kirby second. Motion passed unanimously. Resolution 2014-3 reads as follows: 

 

Resolution 2014-3

 

A RESOLUTION TO DEPOSIT INTEREST REVENUES

INTO THE JUSTICE FUND PURSUANT TO IDAHO CODE 31-4603 (3)

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish a Justice Fund for Boundary County, and

 

                WHEREAS, interest revenues from investments are available monthly, and

 

                WHEREAS, Idaho Code 31-4603 (3) establishes that such revenues may be apportioned to the Current Expense Fund or the Justice Fund by the Board of County Commissioners to meet the greatest funding need in each local jurisdiction, and

 

                WHEREAS, the Boundary County Clerk has informed the Board of County Commissioners that sufficient funds are on hand for the operation of the Current Expense Fund and insufficient funds exist for the budget operation of the Justice Fund, and

 

                WHEREAS, the Boundary County Board of Commissioners has determined that the Boundary County Justice Fund is in the greatest need of funding,

 

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

 

IT IS HEREBY RESOLVED that the deposit of interest revenues from investments up to $34,000.00 be made to the Boundary County Justice Fund.

 

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

 

Dated this 28th day of October, 2013                              COUNTY OF BOUNDARY

                                                                                BOARD OF COMMISSIONERS

                                                                                s/____________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/____________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/____________________________                     

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/                                                                                             ____________________

GLENDA POSTON, Clerk of the Board of County Commissioners.

Recorded as instrument #259212

10:30 a.m., Kyle Flory and Rob Tenas of Kyle and Rob Productions joined the meeting to provide Commissioners with an update of the documentary on Boundary County. Those present were provided a showing of documentary’s trailer. Commissioners suggested ways to get word to the media and other outlets that donations to help complete the documentary are welcome. Those present discussed the budget for the project and how the county can appropriately collect the donations. Clerk Poston will check with the county’s outside auditor as to whether or not the donations will be a tax deduction for those who donate.

 

The meeting with Mr. Flory and Mr. Tenas ended at 10:55 a.m.

 

Commissioners discussed issuing more funds for the documentary project.

 

11:00 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting.

 

Mr. Knauth said the Forest Service is back in full swing now that the government shut down has ended. The schedule for timber sales has been a bit compressed due to the loss of three weeks during the shut down, and most employees would like to get those back on schedule if possible. The Hellroaring and Kreist sales have been delayed, but they will be done by the dates the Forest Service is looking at. The Twenty Mile and South Kreist Projects will have sales the 4th quarter of this year. Chairman Dinning asked how many sales have been shut down. Mr. Knauth explained the process. There will be no new saw work after letters were received except as it pertains to safety, etc. All materials will need to be sent to the mills prior to the projects being shut down so it keeps people working. Mr. Knauth said in the long run this district didn’t get hit too hard in areas such as camp ground staff.

 

Stewardship Authority has been extended to January 15, 2014. The Collaborative Forest Landscape Restoration Program (CFLR) will be used to help subsidize the helicopter logging sale. Mr. Knauth briefly spoke of the schedule for timber sale projects.

 

Chairman Dinning said when he got figures for the Forest Plan, it was 32 million and he’s sensing Boundary County will be putting out half of that volume.

 

Commissioner Pinkerton asked if it would be safe to skid if the government shut down again in January. Commissioner Pinkerton asked how bonds for these projects are affected as a result of a government shut down. Chairman Dinning said he hopes there isn’t anything that will affect the East Fork Meadow Creek project.

 

Mr. Knauth said the Forest Plan Revision will have some dates for Forest Supervisor’s Office and it will talk about comments. This will come up at the November 18th Kootenai Valley Resource Initiative (KVRI) meeting and then on the 25th the Kootenai Tribe will be briefed at 10:00 a.m. Mr. Knauth said KVRI is open to public, but the Forest Service may want to more broadly report that this is occurring. It would be a good opportunity for the public to hear this.

 

Mr. Knauth informed Commissioners of replacing culverts on the road up to Roman Rose.     

 

Commissioner Pinkerton spoke of setting up a community firewood day, and he referenced a specific area with spruce and larch. There could be a community fire wood day as the wood wouldn’t be any good when winter hits. Commissioner Pinkerton asked if the Forest Service would consider this as currently you can’t walk through the area. Chairman Dinning said you would have to get the Fish and Wildlife Service to also agree. Mr. Knauth said the gates involve an interesting monitoring system and each person and vehicle would have to be logged in. Mr. Knauth said it would be challenging, but he feels it is worth discussing.

 

Those present discussed issues involving Forest Service roads and trails and those areas being left in the road system. Mr. Knauth said he would prepare for that discussion. 

   

The meeting with Mr. Knauth ended at 11:40 a.m.

 

Treasurer Jenny Fessler joined the meeting.

 

Commissioner Pinkerton moved to tax deed parcel #RP62N01E123400A on December 27, 2013 at 10:00 a.m. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to set tax deed hearing for delinquent 2010 taxes for March 18, 2014. Commissioner Kirby second. Motion passed unanimously.

 

Commissioners and Treasurer Fessler discussed delinquent property taxes owed by Joseph Duginske for parcel #RP60N01W288401A. Treasurer Fessler informed Commissioners of the amount Mr. Duginske owes to Cabinet Mountain Water District. If the property is going through the tax deed process, there will be another approximately $200 at a minimum for charges and another cost for interest of $1,200 excluding Cabinet Mountain Water District fees. The county can start the tax deed process and during this time Mr. Duginske can make the payments and if he gets the taxes caught up, the property won’t need to be tax deeded.

 

Commissioner Kirby moved to deny the request made by Joseph Duginske for an extension of time to pay taxes for parcel #RP60N01W288401A. Commissioner Pinkerton second. Motion passed unanimously.  

 

Commissioner Pinkerton moved to cancel specials totaling $131.48, penalties totaling $2.62, fees totaling $20, and interest totaling $12.34 for a total of $166.44 for tax year 2012 for parcel #MH61N01E31120BA. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to cancel $226.42 in deferred taxes for tax year 2012 for parcel #RP61N01E014601A so the taxes can be certified to the real property roll for year 2013. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to cancel $110.10 in deferred taxes for tax year 2012 for parcel #RP64N01E289160A so the taxes can be certified to the real property roll for year 2013. Commissioner Kirby second. Motion passed unanimously.  

 

Treasurer Fessler left the meeting at 11:55 a.m.

 

Chief Deputy Clerk Tracie Isaac joined the meeting at Commissioners’ request to clarify matters pertaining to over time for shift differentials and holidays worked.

 

Chief Deputy Clerk Isaac left the meeting at 12:05 p.m.

 

Commissioners recessed for lunch at 12:05 p.m.

 

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

 

Commissioner Pinkerton moved to authorize the Chairman to sign the Equitable Sharing Agreement and Certification for fiscal year ending September 30, 2013 for the Prosecutor’s Office. Commissioner Kirby second. Motion passed unanimously. 

 

Commissioner Pinkerton moved to cancel taxes totaling $9.77 and specials totaling $19.43 for year 2013 for parcel #M30160000019AA due to a clerical error. Commissioner Kirby second. Motion passed unanimously.

 

1:35 p.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. 1:50 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.

 

Commissioners tended to administrative duties.

 

1:55 p.m., Commissioners spoke to Stephanie Lewandowski via telephone in regards to the grant application for playground equipment. Ms. Lewandowski is writing the grant for the Parks and Recreation Department. Ms. Lewandowski said the amount requested is $60,000 and that is the difference between the total project and the amount that has been raised to date, which is approximately $40,000. Ms. Lewandowski said Rotary has already committed $10,000 from the beginning of the project and the Parks and Recreation Board also had funds from the prior year and from funds donated. The grant letter from the Parks and Recreation Department is all that has to be submitted. Ms. Lewandowski informed Commissioners this grant is to help fight child obesity. Chairman Dinning asked Ms. Lewandowski if she could also obtain a letter of support from the Kootenai Tribe and the City of Bonners Ferry. Ms. Lewandowski said she would make contact with those organizations.

 

Commissioner Pinkerton moved to sign the grant application for the Community Giving Grant for the Parks and Recreation Board for playground equipment. Commissioner Kirby second. Motion passed unanimously.   

 

The telephone call to Ms. Lewandowski ended at 2:00 p.m.

 

2:00 p.m., Restorium Administrator Karlene Magee joined the meeting. Ms. Magee said she will have 32 residents soon. Ms. Magee spoke of potential residents.

 

Commissioners asked Ms. Magee if she would like assistance in creating a job description for an administrative assistant. Ms. Magee said she was given information to help with that. Ms. Magee spoke of a long term employee, who currently works part time being promoted to full time. Ms. Magee said she also needs two more personal service assistants (PSA) and an additional cook. Ms. Magee said these additional staff members would help to complete the schedule, but not if someone calls in sick. Commissioners asked Ms. Magee to work with Clerk Poston and Chief Deputy Clerk Isaac on developing a job description for administrative assistant. Ms. Magee said it would help her to have someone who can fulfill the administrative duties, but she also needs someone who knows the rules and regulations as she does. Commissioners said Ms. Magee could just designate someone as her second in command, but they wouldn’t have the title of assistant administrator.   

 

The meeting with Ms. Magee ended at 2:20 p.m.

 

Commissioners spoke to County Civil Attorney Tevis Hull via telephone regarding the airport land acquisition details.

 

The Laverne and Eunice Dinning property transaction has closed and Attorney Hull said he would prepare the last documents for JUB Engineering to assist with reimbursement from the Federal Aviation Administration (FAA). Chairman Dinning said he’s quite dissatisfied how the first transaction went so there needs to be a better structure.

 

Attorney Hull said in July 2013, the offer letters were sent out to the property owners. Roxanne Grimm with Epic Land Solutions visited the property owners and presented them offer letters and had them sign a document. Whatever representations were made, the Merrifields thought the county would make up the difference of the funding in regards to their property. The Merrifields acted on the offer letter and now the Merrifields, Stolleys and the Merrifield’s attorney are contacting everyone to find out what is going on. The Merrifields would like to know why they can’t get the same transaction arrangement as the Dinning’s. Chairman Dinning said he understands that only the offer letters for a certain price were given and Commissioners were not made aware of any other conditions of the sale. Attorney Hull said he has never seen a purchase and sale agreement. Chairman Dinning said JUB Engineering has no authority to bind the county. Chairman Dinning said there is no communication that he is aware of regarding that part of the process.

 

Chairman Dinning said he would like to meet with Airport Manager Dave Parker so Commissioners can be made aware of the conversation he and Airport Board member Pat Gardiner had with Gary Gage from the Federal Aviation Administration (FAA) Helena, Montana Office. Attorney Hull said the sellers are owed a phone call as to the status of the situation. Commissioner Kirby said the Dinning matter is now taken care of, but those costs are to be reimbursed to the county so the loan can be paid off. Attorney Hull said there is an assignment of funds that would go back to Panhandle State Bank. Attorney Hull discussed reimbursement scenarios, and Chairman Dinning said he wants to see the funds reimbursed to the county prior to funding the next property purchase.

 

Attorney Hull said of the representations that are being made to the Bylers and Merrifields, he is only aware of the offer letter as the only documentation going out from Commissioners. Commissioner Kirby reiterated that he doesn’t want to proceed with the next transaction until the FAA reimburses the county for the first transaction. Attorney Hull recommended including JUB Engineering staff, the Merrifields, Stolleys and Ms. Grimm in the next meeting to discuss the status of the acquisition.

 

2:55 p.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. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 3:10 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.      

 

Commissioner Kirby moved to approve the minutes of September 16 & 17, 2013. 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, October 29, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

 

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Chief Deputy Clerk Tracie Isaac, Assessor Dave Ryals, Treasurer Jenny Fessler, Courthouse Maintenance Jerry Kothe, Noxious Weeds Superintendent Duke Guthrie, Extension Office Educator Carol Hampton, Chief Probation Officer Stacy Brown, Solid Waste Superintendent Claine Skeen, Road and Bridge Office Manager Renee Nelson, and Restorium Administrator Karlene Magee.

 

Chairman Dinning said there are certain things to put into place at the beginning of this budget year, such as it has been advised that county departments require a Request for Records form be completed when someone from the public requests copies of public documents. It just adds the proper process, according to Chairman Dinning. It was said the county is not responsible to conduct research for the public.

 

Chairman Dinning gave a reminder that if any office has a computer issue, they should get their name on the list so Computer Arts can work on the issue. Chairman Dinning said it’s good to notify the Clerk about the list details so she can track Computer Arts’ hours for budget purposes.

 

Chairman Dinning asked those present what is new with each office. Mr. Guthrie said his new Weeds Department truck was delivered. Ms. Nelson said Deep Creek Bridge #2 is now open and hopefully by the end of next week the emergency project to repair sloughing on Deep Creek Loop should be done. Chief Deputy Clerk Isaac reminded those present that the Idaho Counties Risk Management Program (ICRMP) training still needs to be completed by some, and Summer McDonald from Job Service provided her with information on lawful job interview techniques. Chairman Dinning asked Chief Deputy Clerk Isaac to contact Ms. McDonald to see if she would be willing to host a meeting in the Extension Office to answer any questions about interviewing job applicants. Ms. Magee said she is looking for a part time cook for the Restorium as well as an administrative assistant. The cook position will be less than 30 hours per week. Assessor Ryals said a couple of his office positions are changing and he is now looking for someone to fill a position in Auto Licensing. Clerk Poston said she and Chief Deputy Clerk Isaac participated in the Idaho Association of Counties webinar on the topic of shared employees. Clerk Poston informed everyone that these webinars are available for any office. Mr. Studer said the Planning and Zoning Office is quite busy, and the Planning and Zoning Commission will meet with County Commissioners to discuss their Comprehensive Plan proposal. Ms. Hampton said she is teaching a food handlers course so if anyone needs to be certified, the course is free. Ms. Hampton said she is looking for a Friday Friends assistant to work one day per week. Ms. Brown said the Probation Office is busy as usual. Treasurer Fessler said she is getting tax notices ready to send out.

 

Chairman Dinning said most people will see an increase in their taxes due to the Ambulance Service District as well as the county’s levy increase. Mr. Kothe said he is winterizing equipment. Mr. Kothe said he has a list of surplus items. Treasurer Fessler informed Commissioners that she would like to update her website page, but the county doesn’t have an IT person. Mr. Skeen said he’s just been burying garbage and he’s noticed recycling has decreased a bit.

 

The elected officials/department heads meeting ended at 9:30 a.m.

 

9:30 a.m., County Noxious Weeds Superintendent Duke Guthrie joined the meeting to give his department report. Mr. Guthrie said he’s been working on the reports for the Neighborhood Coop Program and he discussed the program with Commissioners. Chairman Dinning said if money were no object, it would be ideal to start at the south end of the county and work north treating weeds, and he asked if the Weed Board had any sort of plan similar to that. Mr. Guthrie presented Commissioners with pictures referencing weed treatment applications.

 

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

 

Commissioner Pinkerton moved to accept the assignment of 84.46% to the Catastrophic Health Care Cost Program on indigent account numbers 2013-1 and 2013-3 combined and the assignment of 51.76% on indigent account # 2013-12 and the assignment of .18% on indigent account #2013-10. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to sign the City County Dispatch Agreement for fiscal year 2013-2014. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to authorize the Chairman to sign the Agreement for Maintenance Services with Valence Wireless and Communications for the Sheriff’s Office. Commissioner Kirby second. Motion passed unanimously.

 

10:00 a.m., Commissioners held a public hearing for Planning and Zoning application 13-067, the Bagley Short Plat Primitive Subdivision. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, and Planning and Zoning Administrator Dan Studer. No one from the public was present nor was the applicant present. The public hearing was recorded. No member cited a conflict of interest.

 

Mr. Studer provided a staff report. Ms. Bagley would like to divide her family-owned, 20 aces parcel into a 6 acre and a 14 acre parcel. There are no conflicts with any Ordinance provisions or with the Comprehensive Plan. The minimum lot size for the rural residential zone is a minimum five acres. Public comment was received by the State of Idaho, who also had no conflict and from a member of the public who lives out of town.  Mr. Studer said Russell Rosco wanted more information on what a subdivision is and Mr. Rosco’s concern was having a development in that area, but those concerns were alleviated. This area in question does not lend itself to a subdivision or further residential development, according to Mr. Studer. Chairman Dinning said the new owner of the larger parcel created could divide that parcel one more time.

 

Mr. Studer said there is access from the private road “Narrow Lane” and the subject property is located at the end of that road. Narrow Lane accesses Kootenai Trail Road in Paradise Valley. Commissioner Pinkerton asked for details of Narrow Lane. This road does have a 60 foot easement and access for utility easements will remain.

 

The hearing was closed to further public comment.

Commissioner Pinkerton moved to approve the Planning and Zoning Application #13-067, for the Bagley Short Plat Primitive Subdivision. Commissioner Kirby second. Motion passed unanimously. 

 

It was stated the Bagley applications meets all intents of the Ordinance and Comprehensive Plan.

 

The public hearing for Planning and Zoning Application #13-067 ended at 10:10 a.m.

 

10:10 a.m., Planning and Zoning Administrator Dan Studer met with Commissioners to discuss his proposal for a Zone Ordinance amendment. Mr. Studer spoke of the current process and said on the landowner’s end it’s more complicated and costly, but for the county, he processes the public hearing notice at a cost of approximately $50, he spends time getting documents ready, receiving public comments, and getting the property signs posted. County Mapper Tom Ulappa is to manage each subdivision as a unique entity as opposed to a parcel of land on a record. These divisions are tracked through county records more laboriously. If any of these properties have a driveway that touches a county road, the applicant pays $35 and they have to obtain a metes and bounds description.

 

Mr. Studer discussed a scenario where a property owner wants to split his 10 acres into two five acre parcels, but since the property doesn’t touch a county road the property owner has to go through a lot of processes and expense. Mr. Studer mentioned possible definition title changes such as simple parcel division as opposed to simple subdivision and changed requirements for platting to a record of survey to show all easements, etc., or lack thereof. The property owner will have to have the parcel surveyed, Planning and Zoning Office approval as opposed to County Commissioner approval, and that alleviates need for a public hearing. The maximum number of lots allowed is three. Mr. Studer said he would like to make this a one time situation and nail down any loose provisions such as a property owner with 80 acres seeing where he can get away with only dividing three parcels at one time, but doing that multiple times.

 

10:30 a.m., Planning and Zoning Commission member Marciavee Cossette joined the meeting.

 

Commissioner Kirby mentioned family members selling portions of a parcel to each other. Mr. Studer said the ability to convey property to another family member is still allowed.

 

Chairman Dinning said using the 80 acres example he can split the property into two 40 acres parcels without any hassle, Then each of those two 40 acre parcels can be split again creating two 20 acre parcels each, already created four parcels. Then the property owner can create two 10 acre parcels out of the 20 acre parcel. Mr. Studer said if both parcels have driveway access to a county or state road, it’s a simple parcel division, but if not, it would be considered a short plat subdivision. Chairman Dinning said the property would need to be surveyed. Three parcels are too many, according to Chairman Dinning. This process creates a density and one thought is there is no notification process to the adjoining landowners. So it the split is into two parcels, it won’t create a huge density problem like three parcels could. Mr. Studer said most people who do this are off grid and seem to like low traffic private roads.

 

Chairman Dinning said what could occur if there was a private parcel at the end of the road, is the potential of more traffic, but at least adjoining landowners know what is going on through notification. Chairman Dinning said he likes the idea of reducing the county’s costs to the public as much as possible.

 

Chairman Dinning said ordinances should not be created to be a hassle to the taxpayer, but to provide structure and order for what is being done. Commissioner Kirby said he’s all in favor of going forward with this.

 

Planning and Zoning Commission Chairman Matt Cossalman joined the meeting at 10:35 a.m.

 

Commissioner Kirby suggested continuing the discussion with County Civil Attorney Tevis Hull, County Mapper Tom Ulappa and Commissioners. Chairman Dinning voiced concerns going forward pertaining to future Ordinance changes or changes in Planning and Zoning staff. Commissioners said they were in agreement to continue looking into this proposal going forward.

 

The meeting to discuss Mr. Studer’s proposal ended at 10:45 a.m.

 

Commissioners tended to administrative duties.

 

Planning and Zoning Commission members: Chairman Matt Cossalman and Marciavee Cossette met with Commissioners to discuss proposed changes to the Comprehensive Plan. Also present was Bonners Ferry Herald Reporter Laura Roady, Planning and Zoning Administrator Dan Studer, and Blue Sky Broadcasting Radio News Reporter Mike Brown.

 

Mr. Cossalman referred to Chapter 13 regarding land uses delineated in specific land use zones. Mr. Cossalman said this is for the Ordinance so that terminology would be replaced with more general language. Chairman Dinning Chapter 13.4.7., states “must” and that mandates something so it can be a conflict with the Ordinance and he further voiced his concerns with that term, especially in the instance of being challenged.

 

Pat Gardiner joined the meeting and voiced his concerns over what was being reviewed. Mr. Gardiner said his problem is that none of these proposed changes have been given public notice. Chairman Dinning said this discussion is just preliminary and there would be a public hearing. Mr. Gardiner said there area lot of objectives that are supposed to be considered, and there are proposed changes to the section on the airport, but no one has met with the Airport Board about this. These kinds of changes or any changes would give standing to anyone to come in and litigate. Chairman Dinning mentioned talking to County Attorney Tevis Hull about this, but that this is just an informational meeting. Mr. Gardiner said Commissioners have every right to do that, but it should be done in a public hearing and be transparent.

 

Mr. Studer said he has no application for a Comprehensive Plan zone amendment in his office yet and this amendment would be developed at a Planning and Zoning meeting in November on the 21st. The Planning and Zoning Commission would fill out an application and if so chose, vote in favor to proceed in that manner. There have been workshops conducted since last March that were publicly advertised. The workshops were held at two week intervals and they have been open for public comment. Today’s meeting before Commissioners has also been agendized and is open to the public. The Planning and Zoning Commission will look at the application in November and go through the public hearing process as the Ordinance provides.

 

Chairman Dinning said there are valid concerns as far as the airport is concerned. Chairman Dinning said Commissioners will also contact the county’s attorney to ensure the proper process is being following. Chairman Dinning said anytime the county has the ability to improve something, Commissioners need to look at that, but will double check that they are going down the proper road for the community to have input. Commissioners mentioned discussing this matter again on Monday, November 4th. Chairman Dinning said if there is something that can be improved upon, the county should always look at into that. Mr. Studer said Attorney Hull also has a copy of the information Commissioners have.

 

Mr. Studer referenced a public notice and said this is a legislative Comprehensive Plan amendment, which doesn’t require everyone in the county getting a letter. Mr. Studer spoke of publishing legal notices in the legal section of the Newspaper as well as publishing a double column add twice prior to a public hearing. Mr. Studer said people still come in and say they never got notice and if Commissioners have another option. Chairman Dinning reiterated Commissioners would get in touch with Attorney Hull to ensure the correct path when discussing this.

 

Mr. Cossalman said he would like to have the best proposal to present to the public, and of the concerns Mr. Gardiner expressed those are what he would also like to have already addressed in the proposal to the public. Mr. Studer said for record if there are concerns and issues with procedure, he would like the documentation sent to him so he could have it on file for the public’s information.

 

Commissioner Pinkerton said he understands Mr. Gardiner’s concerns as well as Mr. Cossalman wanting to discuss the proposal, but there isn’t a rushed timeline. Mr. Cossalman said this is the process that he outlined to Commissioners back in January so it’s been outlined for months and months.  

 

The meeting to discuss the Comprehensive Plan ended at 11:22 a.m.

Mr. Gardiner briefly discussed his conversation with Mark Napier, Senior Project Engineer with JUB Engineering pertaining to issues involving the airport land acquisition.

 

Mr. Gardiner left the meeting at 11:35 a.m.

 

Commissioners spoke to Stephanie Lewandowski in regards to writing a letter of support for the Parks and Recreation Department’s playground grant.

 

Commissioners tended to administrative duties.

 

There being no further business, the meeting adjourned at 12:30 p.m.

 

 

     

                                                                        ______________________________

                                                                        DAN R. DINNING, Chairman

 

Attest:

 

__________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk