***Monday, January 18, 2010, Commissioners did not meet due to the Human Rights Day Holiday.
***Tuesday, January 19, 2010, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Solid Waste Superintendent Claine Skeen joined the meeting. KPND News Radio Reporter Mike Brown joined the meeting.
Mr. Skeen said he would like to move the dumpster that is located behind the Courthouse or at least replace it with a 10 yard size dumpster that would remain in the same location. The Restorium now has a 10 yard dumpster as well. Chairman Smith said Commissioners received a telephone message from a resident from the Porthill area about the removal of dumpsters. Chairman Smith said he has received telephone calls from people about removing the dumpsters from outside the landfill gates and he tends to agree with them. As long as people are able to throw trash right into the landfill’s hole, it would be just as convenient to throw trash into the dumpster out front when the landfill is closed. Commissioner Dinning said he disagrees. Mr. Skeen said people do not throw just regular household garbage in the dumpsters they are throwing wood and metal as well and they will threaten to wait until the landfill is closed to get rid of their garbage. Mr. Skeen said he wouldn’t have a problem leaving the dumpsters out in front of the landfill gates if people were just dumping their household garbage, but they aren’t just dumping household garbage. Mr. Skeen informed Commissioners that plastic recycling has increased by three times, and cardboard has also increased. Chairman Smith said other than the landfill he is also receiving complaints about the dumpsters being removed up north. Chairman Smith said the Porthill and Eastport areas are the places where people can just about through a rock and hit the dumpsters at the junction site when they drive by on their way south on Highway 95. Mr. Skeen said he would really like to put a monitored site towards the east side of the county sometime in the future as those residents tend to have to drive further than other people in the county. Mr. Skeen said he was thinking somewhere near Evergreen Elementary School. Commissioner Dinning said he hasn’t received a telephone call from anyone about the dumpsters, but anytime there is a change this happens. Commissioner Kirby said he has received a telephone call from an angry resident. Mr. Skeen said the people he has talked to end up understanding why the dumpsters have been removed after learning of the issues. Mr. Skeen said people can just about dump whatever they want at the monitored sites with the exception of construction debris.
Mr. Skeen said he would like to speak with the Road and Bridge Superintendent about chip sealing and installing a drain system at the junction site up north as the soil is fairly soft. Commissioner Dinning asked Mr. Skeen to double check and make sure all county structures associated with the landfill are insured.
Chairman Smith informed Commissioners he contacted the Road and Bridge Department to see if the weather has caused any problems with water. Road and Bridge Department Office Manager Renee Nelson said there are three areas that Road and Bridge crew are taking care of, according to Chairman Smith.
The meeting with Mr. Skeen ended at 9:20 a.m.
Commissioners tended to administrative duties.
Commissioner Dinning informed Commissioners he had attended the KVRI Forest Subcommittee meeting and concerning acreage, less than 10% of forest land is unaffected in Boundary County.
9:30 a.m., Commissioners discussed the possible de-designation of the International Selkirk Loop. Commissioner Dinning said in talking with the Boise and Coeur d’ Alene Offices of the Idaho Transportation Department, the county has the opportunity to de-designate a commercially zoned portion of the International Selkirk Loop. Commissioner Dinning said currently and to his understanding, any incorporated city is automatically not included in the scenic byway and Idaho Code allows the county to de-designate in a commercial area.
David Jurgensen joined the meeting at 9:31 a.m.
Commissioner Dinning said it is saying the county wants development and
signage to go up and doesn’t want to impede businesses. Chairman Smith asked if
that portion of the Selkirk Loop is de-designated, can billboard signs go up or
does the State still have a say in allowing signage. Commissioner Dinning said
the State still has a say in the matter. Commissioner Dinning said the county
and the community established the area in question as a commercial zone and he
questioned why the City of Bonners Ferry should be the only entity to be
affected by this. It was said the State’s Highway Department would still have
their normal signage requirements for the county, which is “no signs can be
placed in the 660 foot right-of-way”. Commissioner Dinning said this discussion
has nothing to do with Mr. Jurgensen’s issue. Commissioner Dinning said as he
reads it, the provision specifically says if the area is commercially zoned, the
county has the ability to de-designate it, and the additional restrictions that
may be placed because of the designated scenic byway would be lifted, according
to Commissioner Dinning. Commissioner Dinning said if Commissioners were to look
another five miles north of Three Mile, there are no businesses and no
commercial zoning, and that is the area that would need the Selkirk Loop and he
would support those areas. Chairman Smith asked if the scenic byway had anything
to do with the billboard sign going up. It was said the federal rules are what
created the problem for the signs. Commissioner Kirby said the State is
complying with federal regulations about signage. Commissioner Kirby said the
State is complying with federal rules that the scenic byway has nothing to do
with. Commissioner Kirby said the scenic byway came along and utilized the
State’s rules. Commissioner Kirby said he thinks the 660 foot right-of-way might
be the same for State regulations as it is for scenic byway regulations.
Commissioner Dinning said in this circumstance, if the scenic byway wouldn’t
have been in place, the county’s ordinance would allow off premise signage in a
commercial zone.
Planning and Zoning Administrator Mike Weland joined the
meeting at 9:40 a.m.
Chairman Smith asked if there is a problem with signage, could an individual in a commercially zoned area make application for an off premise sign if the area was de-designated as a portion of the Selkirk Loop. Mr. Weland said yes, but he State would have to approve the application. Mr. Weland said the county would make application to the State for a permit and it would be considered a special use. The county allows an off premises sign in its ordinance and the State would allow it excluding the Selkirk Loop. The State did turn down an application for a sign near the Good Grief area and that area was commercially zoned. Commissioner Dinning said that sign advertised another business, though. Chairman Smith said if the county was to de-designate that one portion of the Selkirk Loop, an individual can make application for an on premise sign, but the State still has to approve it.
Commissioner Kirby said he doesn’t care about de-designating the Selkirk Loop one way or another, but it won’t change one thing as far as signage. Commissioner Dinning said it allows one piece of the development puzzle. Commissioner Kirby said the State is not going to allow a sign. Commissioner Dinning said at least the county has done everything it can to help local businesses.
Mr. Jurgensen said the county’s new Comprehensive Plan has references about not allowing off premises signs in unincorporated areas. Chairman Smith asked, as the comprehensive plan sits today, could someone come in and request an off premise sign. Mr. Weland said yes. Commissioner Dinning said in the current ordinance, the county allows permits for off premise signs. Mr. Weland said yes. Chairman Smith said if a person makes that request and the State steps in and says “no”, he feels it is up to the county to defend its decision to allow a sign. Mr. Weland said the State has always tried everything they could to stop these requests. Commissioner Dinning said the one thing preventing the issuance of a sign, is that the area is a designated scenic byway. Commissioner Dinning said in the hearing held for Mr. Jurgensen, the State attorney said if the area was ever de-designated, then this would go forward just fine. Commissioner Dinning said a letter from the county de-designating the area would go forward to the Idaho Transportation Department. It was said the new zoning map is a bit different, but was not thought to extend the area. Mr. Weland said from city limits to the specific mile post is what he would recommend for de-designation. Commissioner Dinning said he would like the furthest point north of that commercially zoned area listed on the new map and have George Shutes with the Idaho Transportation Department provide the specific mile post number. Mr. Weland said John Adams’ property is the farthest north mile post of that commercial zoned area.
Commissioner Dinning moved that Commissioners send a letter to the Idaho Transportation Department requesting de-designation of the International Selkirk Loop from the designation north of the City of Bonners Ferry limits to the northern most limit of the commercial zone and that Commissioners be authorized to sign the letter when it is drafted. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby said it would be wise to look into the proposed comprehensive plan and ordinance to ensure what is listed. Mr. Weland said the new ordinance just bans off premise signs outside of city limits, but on premise signs are okay.
Mr. Weland left the meeting at 9:54 a.m.
Mr. Jurgensen and Mr. Brown left the meeting at 9:55 a.m.
Commissioner Kirby moved to authorize the Chairman to sign the Petroleum Storage Tank Fund for the Boundary County Airport. Commissioner Dinning second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign Change Order #3 for fuel tank modifications for Airport Improvement Project #3-16-0004-007 with Toothman-Orton Engineering. Commissioner Dinning second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the Preliminary Engineering Services Contract/Agreement with Kimley-Horn and Associates for Airport Improvement #3-16-0004-010 for a new weather system (AWOS), fencing and runway treatment. Commissioner Dinning second. Motion passed unanimously.
10:15 a.m., Commissioners discussed reappointing various county advisory board members.
Commissioner Kirby moved to reappoint Vern Wilson and Darron Branson to the Waterways Board with terms expiring January 2013. Commissioner Dinning second. Motion passed unanimously.
Commissioner Kirby moved to reappoint Bert Wood to the Fair Board with a term to expire February 2013. Commissioner Dinning second. Motion passed unanimously.
10:25 a.m., Bureau of Homeland Security Local Area Field Officer Jay Baker and Boundary County Emergency Management Incident Commander Bob Graham joined the meeting.
Mr. Graham informed Commissioners of an incident involving radioactive material. Mr. Graham said the Environmental Protection Agency (EPA) took over on Friday to run their meters and conduct examinations of the item. Mr. Graham said the radioactive item is called a planetary gear, which is a unit that goes on heavy equipment for driving, from the transfer case to the wheels. EPA brought two specialists with them with meters and checked it. Reports were sent to the Federal Energy Lab in Idaho Falls. Mr. Graham said between the meter’s results and the examination, EPA could determine what the impact might be and how to dispose of the item. Mr. Graham said more information was requested from the EPA so the EPA came back to re-meter the item and they were required to set meters in three different places for a period of 10 minutes at each place and get the information back to the lab. The EPA said they needed to know the alpha, beta, and gamma particles and what they scored on the radiation channels. The EPA needed to identify what isotope was emitting the radiation and it was determined it was thorium. Thorium is a radio isotope used sometime ago for strengthening metals. The lab and EPA authorized Mr. Graham to dispose of the item as he saw fit due to the low radioactivity level. EPA double bagged the item and Mr. Graham said Mr. Skeen had no problem with burying it in the landfill as that is one option given by the EPA. Mr. Graham said he notified Boisecom that the incident could be closed and he also notified them that Boundary County was not a participant in this matter. Mr. Graham said the item had been included in a delivery of other parts and delivered to Seattle, but the entire load was sent back when radioactivity was detected. The Sheriff’s Office wasn’t notified until three days into the incident, according to Mr. Graham. Mr. Graham said the item has a very low level of radioactivity. The Idaho State Patrol came up with their meters and went through the entire load of parts and found what was emitting the radiation.
Chairman Smith asked Mr. Graham if he has noticed any problems with rivers or creeks caused by the weather warming up. Mr. Graham said the Weather Service keeps calling him and Boundary County doesn’t have any problems now other than the ground hasn’t thawed out in some places, and occasionally there is water across the road, but other than that nothing is building up. Mr. Graham said he went up Meadow Creek Road to check on the Moyie River. Mr. Graham said so far the ice has not moved from the secondary creeks. The Moyie River was frozen, but on Friday water was flowing to the new bridge. The only other places would be the side drainages like Round Prairie, but they are all still frozen, according to Mr. Graham. Chairman Smith said he contacted Road and Bridge and they are taking care of problem areas they are aware of.
Mr. Graham said Cathie Desjardin and Charles Ifft from the Army Corps of
Engineers are scheduled to come up at the County’s request to provide design
ideas for the slough and there are four to five options. Mr. Graham said he will
show them the four problem areas of the slough. An area of the slough was
plugged in 2006, but by 2008 about half of the plug was lost. If the river gets
high water this year, the slough will flood again and the county will have the
same problems as in 2006. Mr. Graham said the cure would be for the Corps to
look at the entire slough and get involved financially as the county cannot
afford to plug the breach. The eastern end of the slough needs to be re-plugged
so the access road, nursery, and mill won’t flood again, according to Mr.
Graham. Mr. Graham said if the Corps doesn’t get involved, Sam Fodge said he
plans to fix the problem near his property himself. In that area, the water
comes from the west opening of the slough where the old trestle used to be as
you enter the mill. Some years ago the railroad filled that area in and put in
two big steel pipes underneath the fill to angle out into the river. Mr. Graham
said he walked the area and those two pipes are 36 inch steel pipes laid side by
side, but they should’ve been one big pipe. Those pipes lead to a ditch that
goes out maybe 150 feet to the river and where the ditch hits the river is the
lowest point of the river bank. Mr. Graham said when the water comes up it flows
into the pipes and that is what floods the nursery. The slough was originally
owned by the State and the Idaho Department of Lands (IDL) managed the slough
for the State. The Christ’s own two parcels at the east end of the slough, and
they filed a disclaimer to the State for the State to quitclaim the slough. Ms.
Christ owns the slough on the east end where the break is.
Mr. Graham said
he would like the Corps to get this issue in under the “imminent threat”
provision or a continuation of the 2006 flood action. If this work can be
attached to the 2006 program, then hopefully the Corps will fix the breach
without any kind of in-kind match from the county. There is a match required
from the county under the imminent threat provision. If the county is able to
participate, Road and Bridge Superintendent Jeff Gutshall said he preferred the
Corps do what they did before, which is to purchase rock from private parties,
not to have Road and Bridge provide rock due to the amount on hand.
The meeting with Mr. Graham and Mr. Baker ended at 10:50 a.m.
Commissioner Dinning moved to approve the voting precincts for Boundary County for 2010 as presented and mentioned there have been no changes. The precincts are as follows: Kootenai Precinct, Naples Precinct, Moyie Springs Precinct, Valley View Precinct, North Bonners Ferry Precinct, Bonners Ferry Precinct, and Copeland Precinct. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to cancel taxes for year 2009 totaling $19.66 for parcel #SP60N01W243590A as the equipment appears to be for farming and should be exempt. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to cancel taxes for year 2009 totaling $351.26 for parcel #SR62N01E147950A as the property owner, in talking with the Assessor’s Office, said he was not made aware of the Homeowner’s Exemption deadline and missed the deadline. Commissioner Kirby second. Motion passed unanimously.
11:14 a.m., KPND Radio News Reporter Mike Brown and Clerk Glenda Poston joined the meeting.
Commissioner Dinning moved to extend the time to pay 2009 year taxes for parcels #MH61N02E04391BA and #MH61N02E04391AA. The first half of the tax is due by February 1, 2010 and the second half of the tax is to be paid by March 1, 2010. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to extend the time to pay 2005 and 2006 year taxes for parcel #RP60N01W238840A until April 30, 2010. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to extend the time to pay 2009 year taxes for parcel #MH61N01E155800A until April 15, 2010. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to extend the time to pay 2009 year taxes for parcel #MH0030000018AA until March 1, 2010. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to extend the time to pay 2009 year taxes for parcels #MH61N01E22796AA, #MH61N01E22796BA, and #MH61N01E227961A until February 15, 2010. Commissioner Kirby second. Motion passed unanimously.
11:15 a.m., Commissioner Dinning said he has the title report to the 40 acres located in Paradise Valley that is owned by the county, and he learned there is no legal access. Cabinet Mountain Water Association has legal access to maintain their tank and waterline. Commissioner Dinning said he is going to look into the records more and have Bob Blanford get his crew to the property and find out what kind of trees are on it. Commissioner Dinning said he would find the value of the property with no access. Commissioner Dinning said there isn’t record shown of allowing the Cabinet Mountain water tank on the property. There is a Northern Lights Inc., power line that runs up Black Mountain.
Clerk Poston left the meeting at 11:22 a.m.
Commissioner Dinning said he noticed in the Planning and Zoning Commission minutes it was said Commissioners weren’t going to be utilizing the Planning and Zoning Commission in the next scheduled workshops. Chairman Smith said that hadn’t been decided, but he doesn’t like having the attorney take time to come up and then not make any progress so something different has to be done, but no one has been excluded.
11:30 a.m., Boundary Community Hospital CEO/CFO Craig Johnson and Hospital Board of Trustees Chairman Elden Koon joined the meeting to update Commissioners on hospital matters. Mr. Johnson said the hospital finished the year in the black. There will be some adjustments when the audit is done, according to Mr. Johnson. The revenues resulting from inpatient hospital services and outpatient services were less than in 2008. There has been a decline in services, especially outpatient services, according to Mr. Johnson. The nursing home revenue is higher.
The meeting with Mr. Johnson and Mr. Koon ended at 11:40 a.m.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners convened for the afternoon session with Chairman Smith, Commissioner Dinning, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Clerk Glenda Poston, KPND Radio News Reporter Mike Fobes and Ryan Fobes joined the meeting.
Commissioners contacted Attorney Louis Marshall via telephone.
Commissioner Dinning asked Attorney Marshall about going into executive session as far as if Commissioners need to state any more than the Idaho Code section explanation, for the record. Attorney Marshall said that is one of the gray areas, but he thinks nothing else needs to be explained other than who is present as it defeats the purpose of going into executive session.
Mr. Brown left the meeting.
Commissioner Dinning moved to go into executive session under Idaho Code 67-2345(c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 1:50 p.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Commissioner voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously.
Mr. Fobes and Clerk Poston left the meeting.
1:55 p.m., Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Dinning moved to go into closed session under Idaho Code 31-784. Commissioner Kirby second. Motion passed unanimously. 2:03 p.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to set reimbursement for indigent accounts #2007-38 and #2008-18 at $25.00 per month. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to review indigent accounts #2007-4 and 2009-28 in six months for reimbursement. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to approve indigent application #2010-20. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to authorize the Chairman to sign the Safeway Pharmacy Direct Billing Agreement. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Nancy Ryals left the meeting at 2:12 p.m.
Commissioners tended to administrative duties.
Boundary County Emergency Services Incident Commander Bob Graham and Bureau of Homeland Security Local Area field Officer Jay Baker stopped by Commissioners’ Office to update Commissioners on their visit with Army Corps of Engineer representatives. Mr. Graham reported there is no solution to the breach issue yet. The Corps will bring back the information to Doug Weber to see if Boundary County will qualify for the options they mentioned earlier in the day. Mr. Graham said he doesn’t think the county will qualify for the 2006 funding so he will try the “imminent threat” category and it is a fifty-fifty chance whether or not the county will be accepted. There is a 20 percent match and that can be in-kind. Mr. Graham said he won’t know any more until next week. Plan “B” is if the county doesn’t qualify now under that program, the only other thing is to wait until high water and flooding and the Corps will flood fight for the county as they did before, according to Mr. Graham. Mr. Graham said that is better than nothing, but it doesn’t give much lead time for the plug. Mr. Baker said in flood fighting local participation is required. Mr. Baker said “Advanced Measures” is the name of the program for imminent threat and Commissioners will wait to hear about that. The Corps’ representatives liked the flapper valve idea on the pipes so the water won’t flow into the pipes and they asked Mr. Graham to convince Sam Fodge to put the valve in. The Corps will explore all possibilities and get back to Mr. Graham next week. Commissioners questioned if the Corps will replace the plug if they help flood fight. Mr. Graham said with the weather predictions, if the county declares an emergency the Corps will be notified the county needs flood fighting assistance. Cathie Desjardin of the Corps agreed that the county will have problems near the slough before the river reaches flood stage.
Mr. Baker and Mr. Graham left the meeting at 2:50 p.m.
There being no further business, the meeting adjourned at 2:50 p.m.
____________________________________ RONALD
R. SMITH, Chairman
ATTEST:
____________________________________
GLENDA POSTON, Clerk
By:
Michelle Rohrwasser, Deputy Clerk