Commission Meeting Minutes - Week of May 23, 2016

***Monday, May 23, 2016, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioners gave the opening invocation and said the Pledge of Allegiance.

Blue Sky Broadcasting Reporter Mike Brown was in attendance of the meetings on and off throughout the day.

9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to provide a department report. A written report was presented. Mr. Kimball said the Myrtle Creek Bridge has been striped so Road and Bridge will take down postings this week. The Road and Bridge crew have done road blading, but primarily they have been getting ready to chipseal Porthill Loop.

Mr. Kimball said the railroad projects have been completed on District Two Road and Sandy Ridge Road. The Sandy Ridge Road project stayed on schedule, but there was a delay on District Two Road.

Road and Bridge has changed the crusher over to crush three-quarter inch rock and there is already a good size pile of two inch rock. Mr. Kimball said when that is done crews will make more chips before moving to the District 15 pit to crush rock. Mr. Kimball said since there has been a lot of rain he will take a look at Westside Road for sloughs due to the soft spots.

Mr. Kimball said he would like a job description turned into the Job Classification Committee and when this description is reviewed he would like to be present in order to provide explanations.

Mr. Brown left the meeting.

9:10 a.m., Commissioners held a bid opening for year 2016 chloride dust palliative materials. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Department Superintendent Clint Kimball. No one from the public was present. The bid opening was recorded.

One sealed bid was received from Oxford Inc. The bid included the completed bid form and a bid bond for 5% of the total amount bid. The bid amount from Oxford Inc. is as follows: 110 tons of CaCl mini pellets (94%) at a price of $450 per ton for a total amount bid of $49,500. Mr. Kimball said that bid amount was within his budget.

Commissioner Kirby moved to accept the bid of $49,500 from Oxford Inc., for chloride dust palliative materials for year 2016. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Kirby moved to sign the Independent Contractor Agreement with Oxford Inc., for the fiscal year 2016 dust abatement season. Commissioner Pinkerton second. Motion passed unanimously.

Road and Bridge Superintendent Clint Kimball left the meeting.

The bid opening ended at 9:12 a.m.

Commissioners and Clerk Poston briefly discussed the matter involving a request for a recount of ballots as it pertains to the Precinct Committee person for the Naples District. Clerk Poston said it had been reported that a judge had ordered the ballots be seized, but that was not the case as it was she who ordered the ballots be secured in the custody of the Sheriff until the recount. Clerk Poston said there were phone calls stating the ballots were confiscated, but that is not true. Only those people required to participate by Idaho Code will be a part of the recount. Commissioner Pinkerton said Clerk Poston handled this situation properly.

Commissioner Pinkerton moved to appoint Ed Giuliani as a member of the Boundary County Translator District Board with a term to expire March 2018. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to sign Certificates of Residency forms for M. Mendenhall, M. Roy, J. Moore, N. Muir, V. Smith, and R. Branscome. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to approve the minutes of May 2 and 3, 2016. Commissioner Kirby second. Motion passed unanimously.

9:30 a.m., South Boundary Fire District Chief Tony Rohrwasser, Boundary Volunteer Ambulance (BVA) Chief Jeff Lindsey, and North Bench Fire Department Chief Gus Jackson joined the meeting to discuss possible funding for extrication.

Chief Rohrwasser said he has been working on extrication for some time now and he mentioned the recent auto accident in his district on Highway 95 at the McArthur Lake curve. Chief Rohrwasser said his Board of Commissioners have given him permission to start the process it takes to provide extrication so he has been trying to work toward that, but has not been very successful. Chief Rohrwasser added that North Bench Fire Department has also been working toward having the ability to provide extrication. South Boundary Fire District is willing to draw up agreements throughout the county for coverage. Hall Mountain Fire Department would like to provide extrication, but there is a cost so they would like to know what, if any, funding is available. The City of Moyie Springs is satisfied with the City of Bonners Ferry providing this service and Curley Creek Fire Department would like to be included in a mutual aid agreement. Paradise Valley Fire District is also getting involved. Chief Rohrwasser said Bonner County and Northside Fire and Rescue in Bonner County are also drafting a reciprocal agreement with South Boundary for mutual aid within the first three miles of the south end of Boundary County and the first three miles at the north end of Bonner County.

Chief Rohrwasser said Boundary County Emergency Services Director Dave Kramer had talked to him some time ago and said there might possibly be financial assistance from the county for extrication. Chairman Dinning said a matter of years ago Commissioners had asked for a plan for extrication services and it appears that plan is starting to come to fruition. Boundary County doesn’t know what that plan may or may not look yet as it pertains to the agencies involved. Chairman Dinning said Chief Lindsey had met with Commissioners in an Ambulance Service District Governing Board meeting and was informed by Commissioners that we needed to move forward with the process and that it could take a year to put into place as we want to do this properly. BVA is not pulling out and will provide extrication services until it is covered by another agency. Commissioners want to take their time in doing this and whether or not there are funds available, we need to look at how this falls into place. It is too preliminary to say the county has a specific amount available. Chairman Dinning said we can get different opinions and our attorneys say we cannot do certain things as it pertains to fire associations so we have to be careful so we will go down this road and do it properly. The City of Bonners Ferry representatives have stated they will respond if the Sheriff calls them out as that can happen statutorily, but until three weeks ago that was the first time the topic of extrication has hit the county radar. Commissioners appreciate moving forward in this matter.

Chief Rohrwasser said South Boundary Fire District has the first HURST brand extrication tools ever made and some agencies have been working together toward extrication for a while. The biggest thing is making sure agreements are in place so there is coverage. Chief Rohrwasser said City of Bonners Ferry Fire Chief Pat Warkentin said the City Fire Department will help, but they need to have agreements in place. Commissioner Pinkerton said what will have to be written into the agreements is protocol and to include protocol for the dispatchers as well. Chief Rohrwasser said maybe there is help from the county. For out in the county it makes more sense to have North Bench Fire Association respond to Curley Creek Fire Association. Protocols in the dispatch center has been fairly strict, which is good as there is uniformity. It was said having protocols in place is one of the keys points the City of Bonners Ferry was concerned about as they can’t be dispatched to every emergency outside of city limits, even though dispatch falls under the Sheriff. Chairman Dinning agreed and committing to funding is just a bit premature at this point in time. Chief Rohrwasser said Chief Jackson has personnel for extrication at North Bench Fire and 80% of firefighters at South Boundary are extrication technicians. Chief Rohrwasser added that he is a state instructor for extrication. Those present discussed training opportunities. Chief Rohrwasser mentioned the various training trailers and other equipment that will be helpful when used in training and he added that he is waiting for information on a possible trailer to use in upcoming training. These are trainings that are available through the state. Chairman Dinning said he just wants to make sure all departments are aware of this training.

Chairman Dinning said he doesn’t know what the next steps are. Commissioner Pinkerton said protocols need to be established through the Fire Chief’s Association and it will be an ever-changing, living document. Chief Rohrwasser said Hall Mountain Fire Association will not be able to participate if there is no financial help available. Chief Rohrwasser added that it doesn’t always work well to bring the whole group down to meet with Commissioners. Commissioner Pinkerton said the chiefs need to have an understanding of which agency has what equipment. Chairman Dinning said one thing for the chiefs to shoot for, to the best of their ability, is having the same equipment. Commissioner Pinkerton said if the equipment is the same, then another fire department’s equipment can be substituted if something breaks. Chief Rohrwasser said with the City of Bonners Ferry’s equipment and if South Boundary acquires a piece of equipment they are considering, they are of the same brand, but different vintages.

The meeting with Chief Lindsey, Chief Jackson, and Chief Rohrwasser ended at 9:40 a.m.

Commissioners briefly discussed job position matters as it pertains to a new position and the Classification Committee.

9:48 a.m., Commissioners contacted Captain Kevin James Anderson with the Idaho National Guard with regard to information Commissioners heard about the local armory. Chairman Dinning said he received a phone call from another government agency looking to find out information as they had heard on social media that the National Guard Armory is up for sale. Captain Anderson told Commissioners that he would have the Idaho National Guard’s Public Affairs Representative respond to Commissioners’ questions provided they are questions he is authorized to answer. Captain Anderson informed Commissioners that they were just currently waiting for the Administrator for the State to schedule a meeting with Commissioners about this. The Public Affairs Representative was not available so Commissioners left a message for a return call.
Commissioners tended to administrative duties.

10:00 a.m., Commissioners discussed a request made by David West pertaining to the county’s requirement for a vendor in the Fire Safe Program to carry worker’s compensation insurance if they are sole proprietors. The State of Idaho does not require workers’ compensation insurance for a sole proprietor, but the county does for participation in the Fire Safe Program. Commissioner Kirby said we require this coverage in order to protect the county. Clerk Poston said if the county has a contractor work on the roof of the Courthouse and they do not have this coverage, the county pays for the coverage in order to protect itself, and she added that the county doesn’t have control of who a sole proprietor hires, if they do decide to hire someone. Clerk Poston said we don’t want to have a contractor on the county’s insurance because if there is an accident, it causes the county’s rates to increase. Commissioner Pinkerton said a contractor needs to carry the worker’s compensation insurance, not the county.

10:08 a.m., Fire Safe Program Vendor David West joined the meeting to continue the discussion on worker’s compensation insurance.

Commissioner Pinkerton informed Mr. West that the county is in a bad spot as they do want Mr. West to do the work, but the county requires him to carry worker’s compensation insurance while working on these projects. Mr. West said the problem is that he has just one contract and that is a bond up front. In looking at the county’s pay scale as compared to other pay scales, Boundary County is low. Mr. West said the same exact amount he gets paid for the Fire Safe work he gets paid for just machine work in Montana and he added that everyone else accepts worker’s compensation exemption forms. Mr. West said he is not required to carry this insurance in Bonner County as he just completes the exemption form, unless he has employees. Mr. West said maybe if he had a bunch of contracts lined up and was paid decently he would carry worker’s compensation insurance, but not just for filler work. Commissioners said they need to talk to their civil attorney about this. Commissioner Pinkerton asked who other vendors are who do this work and Alan Flory, Jeremy Hester, and Heaton’s Tree Care were listed. Chairman Dinning said he will speak to other entities to get their opinion. Commissioner Pinkerton spoke of potential county liability issues. Mr. West said he does carry a one million dollar liability policy, but he usually submits an exemption form for worker’s compensation. Some places require typed and signed forms that states the contractor assumes all risk. Mr. West said eight years ago the average cost per acre in this program was $2,000, but the most he has ever gotten paid for on the worst of jobs was $800 per acre. Mr. West said the vendors have all of the cost and expense of doing work, and they are getting the shaft. The vendor is doing all the work for the county, but where is the county’s protection for the vendors?

The meeting with Mr. West ended at 10:15 a.m.

Commissioners canvassed the ballots from the 2016 Primary Election held on May 17, 2016.

Commissioner Pinkerton, acting as a Board of Canvassers of Election, moved to approve the canvassing of ballots from the Primary Election held on May 17, 2016, and that it is a true and complete abstract of all votes cast, as shown by the records now on file in the County Clerk’s Office. Commissioner Kirby second. Motion passed unanimously.

Clerk Poston explained the election process to Commissioners.

Commissioners tended to administrative duties.

10:34 a.m., Chamber of Commerce President Michael Listman joined meeting to discuss support for the Chamber of Commerce.

Mr. Listman said he knows the county is in its budget planning cycle and he asked Commissioners about possible county sponsorship for the Chamber of Commerce. Mr. Listman said the Chamber would like to make improvements and hire one full-time staff person to make sure the Chamber is promoted properly. Everything the Chamber does is represented for Boundary County. Chairman Dinning asked how the Chamber of Commerce coordinates with the Economic Development Council (EDC). Mr. Listman gave a few instances of coordination when Mike Sloan had been with the EDC Specialist, and said in other instances coordination was fairly distant. Chairman Dinning asked Commissioner Kirby, who is on the EDC Board, about working with the Chamber. Commissioner Kirby said from his viewpoint in attending EDC meetings is that first off, everyone is welcome to attend the meetings. Commissioner Kirby said he joined the EDC Board at the time Mr. Sloan was leaving and there hasn’t been a connection with the Chamber, but it’s not due to any disagreements. The Chamber is non-existent as far as EDC is concerned and Commissioner Kirby said he doesn’t see where there is much of a problem in attending each other’s meetings. At this point there is not an EDC Specialist, but someone may be appointed at the next EDC meeting. Chairman Dinning said he doesn’t know legally if Commissioners can even contribute financially to the Chamber. The EDC might be able to, according to Commissioner Kirby. Chairman Dinning said he has a strong feeling the county, being a taxing district, cannot contribute financially. Chairman Dinning said from the Chamber’s standpoint as it pertains to the EDC hiring a specialist, Mr. Listman may not need to hire someone if the Chamber works with the EDC specialist as there is no use for two people doing the same work. Mr. Listman said he also met with the City Council about support, but the city’s take on the EDC’s mission was more project based. Commissioner Kirby said his feeling is to encourage the two groups to work together. Commissioner Pinkerton asked what the city’s involvement is with the Chamber of Commerce. Mr. Listman said other than working with the EDC, there is no involvement. Mr. Listman said he will meet with the City Council again as the city didn’t help much, but due to lack of resources, the Chamber had to vacate rental of the City’s Visitor’s Center. Mr. Listman said the position the Chamber would like to hire for would be more of an executive director to fill the role at a higher level in order to coordinate volunteers and manage projects as Chamber Board members already work 60 hours per week, etc. This is a small business community and it is very hard to raise enough money to be effective. At other Chamber meetings the dysfunctionality was discussed, according to Mr. Listman. Chairman Dinning said he understands, but he doesn’t know if the county can help. Mr. Listman said he likes the idea of working with the EDC and Chairman Dinning added that it is a good idea for the Chamber to be involved with the EDC anyhow. Mr. Listman said according to the City, the Chamber is completely different.

Mr. Listman said he would like the Chamber of Commerce to have lasting power as the last person who filled the position took everything with him when he left. Mr. Listman thanked Commissioners for their time.

Mr. Listman spoke briefly of the county’s updated website.

The meeting with Mr. Listman ended at 10:50 a.m.

Leatha Lockhart and Larry Messinger with Red Cross, Dave Kramer and Bob Graham with Boundary County Emergency Services, and Nan Livingston the Humane Evacuation and Rescue Team (HEART) met with Commissioners to discuss the possibility of establishing animal shelters in Boundary County for emergencies along with shelters for people and their corresponding agreements. Ms. Lockhart said Red Cross does have human shelters established, but Mr. Messinger has been working closely with HEART to establish animal shelters throughout north Idaho and all of Washington, because of the need that came up in central Washington last year due to wildfires and evacuations. Chairman Dinning thanked those present for all efforts taken on the Parker Ridge fire last August. It was said that thankfully the community didn’t have to use all services available. Ms. Lockhart spoke of the groups involved in the Local Emergency Planning Committee (LEPC) and how intricately everyone is involved.

Mr. Messenger provided a written discussion outline for Commissioners to follow during the meeting. Mr. Messinger said the Red Cross is mainly known for working through disasters and determining shelters for humans who have been displaced and they have a national data base with agreements in the chance their services are called upon. The Red Cross is a national program and provides training on how to run programs for people, but there is an increasing spotlight for pets. Mr. Messinger spoke of how the issue came to light as a result of hurricane Katrina. The issue pertaining to Katrina was that there was no provision to deal with cats and dogs, which was heart breaking for families. In year 2006, a national law was passed for pet evacuation and transportation centers. Local and statewide planning needs to accommodate for four-legged family members, according to Mr. Messinger. In planning, we need to account for what to do with pets. In year 2014, Spokane County had a severe outbreak of wildfires and they learned they were not prepared to handle pets. Shelters for people were opened, but people were not using these shelters as there had been no plans for pets at the shelters. Even school officials and administrators opened shelters for people, but then saw parents and kids staying in their cars instead as the shelters did not accommodate pets. The Red Cross has gone through what is needed in order to accommodate for pets and they have been working on this for over one and one half years now. For the most part when there is a disaster and people are told to evacuate, a lot of times they don’t want to lose sight of their pets. There is now a clinic that will take care of pets so that process has begun.

The Red Cross Inland Northwest Chapter of Spokane covers nine eastern Washington counties and approximately five Idaho counties. The Red Cross has tried to go to each area to adapt to the needs of the local culture. The Red Cross cannot take care of cats and dogs, but they can find a local partner to take care of these animals so they work to find a campus in which humans can be sheltered in one area and pets can be housed in another area. Spokane County now works with Spokane County Regional Animal Protection Services (SCRAPS), which is an animal protection agency, including a law enforcement system, for this purpose. In Spokane County there is an agreement with HEART, which is a volunteer agency that provides emergency care. HEART has two trailers loaded with animal crates and supplies. In Spokane County, due to efforts made, there are now many animal shelter locations involved. Last fall the Regional Girl Scout Organization also got involved as well as a wide variety of schools. The Red Cross likes to have as much separation as possible between people and the pets for safety reasons. Mr. Messinger listed places such as field houses that are separate from main school buildings, or other outside unfinished buildings such as metal shops, wood shops, and bus barns that would work well.

Mr. Messinger said in working with all other counties the Red Cross Chapter in Spokane has the responsibility for the area in the event of a disaster. Mr. Messinger said none of the Idaho counties have county-wide animal protection services so the Red Cross needs to find another process and to determine who is qualified, certified, and authorized to provide that kind of care. There is a process available in Idaho that the Red Cross is hoping to utilize, according to Mr. Messinger. The American Society for the Protection of Cruelty to Animals (ASPCA) has agreements with Idaho to provide emergency care and animal evacuation, and the agreement is supposed to be valid in all Idaho counties. The ASPCA can be deployed by the county emergency manager making a request to the state. Mr. Messinger said the ASPCA has limited resources and is located in California, but they have an agreement with HEART just as SCRAPS has a written agreement with HEART. HEART is the group that will respond from Spokane to Bonners Ferry with trailers and supplies for the animals. The agreements for humans and the agreements for cats and dogs are separate, but parallel.

Ms. Lockhart said even though the Red Cross has an agreement for humans, it has not been signed so that is another venue that needs to be taken care of for human shelters. It was said the current agreements are very old. Mr. Messinger said typically the agreements are renewed every three years and a survey is done as there are national standards as it pertains to humans and he briefly mentioned Americans with Disabilities Act (ADA) matters. If there are ADA needs, the Red Cross needs to accommodate for that somehow. It was said for some reason the Red Cross has never had an agreement with Boundary County for use of the fairgrounds or school districts. Ms. Lockhart spoke of the cooperation with the school district for shelter purposes and she added that the agreement needs to be signed. It was said Ms. Livingston would need use of the fairgrounds for the animals.

Chairman Dinning asked if this agreement or memorandum of understanding (MOU) would trump the MOU the county has with the Forest Service to provide for those things. Mr. Messinger said sometimes there are conflicts as groups have to work together. Some school districts have real agreements or traditional agreements, but the Forest Service or Department of Natural Resources (DNR) will have first priority. Mr. Messinger said for larger fires Emergency Management calls the Red Cross and will suggest a shelter in their community since they know the area. If a school superintendent calls and says the DNR has already called them, the Red Cross will find another shelter to use. Ms. Lockhart said thankfully there is a close cluster of schools in Spokane County so there are enough shelters and not just one building.

Chairman Dinning said Boundary County mentioned use of the fairgrounds and added that the county has committed that use to the Forest Service and he explained the past use during the Myrtle Creek fire. Chairman Dinning mentioned the cooking facilities at the fairgrounds that can be used and he said he doesn’t want to create a conflict. Mr. Messinger said the agreement does not obligate the county to say “yes” if the Red Cross calls, and he gave the example in that the Red Cross does have an agreement with the school district, but they cannot use the school facilities if school is in session.

Chairman Dinning provided a scenario in which the county has a gentlemen’s agreement with the Red Cross for use of the fairgrounds, but then there is an emergency and the Forest Service needs to use that same location and has priority, if this same scenario were to happen down the road and different people were involved with Red Cross, Chairman Dinning said he doesn’t want the new representative from Red Cross come in and say, here is the MOU in which you agreed to let Red Cross use this area. Chairman Dinning said that is just a concern he has as he has seen it happen in the past. Mr. Messenger said he will look at the MOU as he didn’t think it was obligating or binding.

Ms. Lockhart said on the pet side of matters there is another set of paperwork. If there is an evacuation downtown, the fairgrounds won’t be usable so it forces the matter to the school district. If the Red Cross is only relying on use of the fairgrounds, they would be in big trouble. We cannot have horses unless someone has set up corrals, etc. Ms. Livingston with HEART has used the Cheney rodeo location in one case. Mr. Messinger mentioned one school facility has the ability to take in farm animals due to their Future Farmers of America (FAA) work. Ms. Livingston mentioned trying to keep cats and dogs closer to their owners as opposed to keeping larger farm animals closer to people just to keep them out of harm’s way.

Mr. Kramer said animals would most likely go to the fairgrounds. Commissioners said they would see what they could do. Mr. Messinger said the second set of agreements he handed out pertain to pets as that is HEART’s desire as the designated animal care agency. HEART does not come unless they are deployed by the state. Mr. Messinger said as a member of Red Cross he cannot call Ms. Livingston’s boss to ask them to come out. It has to be an emergency manager and go through various agencies. All pets will be crated and not running lose. Pets may be walked by their owners, but then they are crated again. Mr. Messinger said people will be encouraged to bring their own crates if possible, but Ms. Livingston has enough crates for 70 or 80 cats and dogs. If there are more than 70 to 80 pets, ASPCA will work through Petsmart’s charity to bring in more supplies such as crates, dishes and food. Structures the pets will be housed in will need to have water and if possible, heat. In winter heat could be a bigger issue.

Commissioners said they would see how they can move forward at their end.

The meeting with Ms. Lockhart, Ms. Livingston, Mr. Messenger, Mr. Kramer, and Mr. Graham ended at 11:32 a.m.

Commissioners discussed budget matters pertaining to the Selkirks Pend Oreille Transit SPOT) service. The Restorium provides storage for the bus and contributes $3,500 from its budget. Those present questioned taking the budget for the SPOT bus out of the Restorium’s budget and putting it into the current expense budget. Clerk Poston asked if that is something Commissioners would like to do. Chairman Dinning said he thought this was all done to benefit the Restorium and the county had agreed to provide funding for the bus. Clerk Poston said it was a combined effort involving the Restorium and SPOT to provide Restorium residents with field trips or outings in the area. Commissioner Kirby said if you go back far enough the Restorium was not involved, but then the bus became available and it was thought to be a good idea to house the bus at the Restorium so not to lose the bus back to the Idaho Transportation Department since the Seniors Hospitality Center was no longer able to fund it. The Restorium was used as a lever to keep the bus. The Seniors Hospitality Center, who had the bus before, had purchased new tires, etc. When the county acquired the bus, it didn’t have any drivers for it. Restorium Board members Larry Hall and Larry Dirks were helping out with the bus. Mr. Dirks had been in the position to take the funds needed from the Restorium budget and Mr. Hall said he would have time to drive the bus for the residents so the bus was picked up and serviced, etc. Now the county has the bus and the load was placed on the Restorium budget to provide fuel, which was counted toward the program match. The Restorium now has a line item in its budget for the bus grant program when before the funds were for an emergency. Commissioner Kirby said the Restorium was providing this money when it wasn’t necessary as there was other funding available. Chairman Dinning said at that time the county needed to provide grant match and the funding and storage of the bus was how that was accomplished. The question is if that funding is still needed. Commissioner Kirby said he wouldn’t be able to answer that. Clerk Poston said she hasn’t been to a SPOT meeting, but she thinks funding is needed on a yearly basis for grant funds coming through. The county’s match is provided in the way of providing storage and upkeep and a certain amount of dollars. The funds for this program were placed in the Restorium budget, which was agreed to, and to increase the levy rate by the amount of $3,500. Clerk Poston said the bus was given to the county by the Seniors Hospitality Center. The fuel most likely did come from the Restorium van budget, but when the SPOT organization came into the picture with a grant is when the grant match came into play and to take the $3,500 out of the Restorium budget. Restorium Administrator Karlene Magee’s direction was to take $3,500 and to go in for that much less money so Clerk Poston took $3,500 from that budget. Clerk Poston wondered if Commissioners still want to do that. The question was if the match was still necessary for SPOT to operate. It was said the county will discuss this again. Chairman Dinning said this question was brought up by the Restorium Board as the bus was to benefit the Restorium.

Commissioner Kirby said there is a convoluted mess with SPOT, who doesn’t want the county to be a part of the program and the City of Dover has now stepped away, but there is a new board stepping up as we speak. Commissioner Kirby said until that solidifies, there had been another board and a voting member on that board, which had been Larry Dirks. Chairman Dinning said that goes back to his question, which is does SPOT really need Boundary County’s money. Commissioner Kirby said SPOT doesn’t want it. Commissioner Kirby said the local SPOT bus does have the ridership and what it takes to run locally so we don’t need to tag onto SPOT. SPOT provides the drivers and that is what we are trying to put together. Commissioner Kirby said he hasn’t had a meeting with the new board yet, and Mr. Hall is now the Chairman for the Restorium Board and is a board member for this service. Clerk Poston asked who is pursuing the SPOT grant. Chairman Dinning said Commissioner Kirby will see how all the pieces fit, and it was suggested he contact Susan Kiebert and ask her to update Commissioners.

Commissioners discussed a request for a catering permit for a Mountain Mafia event.

Commissioners said Mountain Mafia has requested an alcoholic beverage catering permit through Ivano’s Italian Restaurant. This permit can be approved pending receipt of the fee, required documentation for the catering permit and to provide proof that the event is properly permitted. If it is not properly permitted through Planning and Zoning, the catering permit will not be signed.

Commissioner Pinkerton moved to approve the alcoholic beverage Catering Permit for Ivano’s Italian Restaurant to cater an event held by Mountain Mafia pending receipt of the fee, proper documentation for the catering permit and proper permitting for the event. Commissioner Kirby second. Motion passed unanimously.

Commissioners recessed for lunch at 12:00 p.m.

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

Road and Bridge Department Superintendent Clint Kimball and Commissioners reviewed job descriptions for the Road and Bridge Department.

Mr. Kimball left the meeting at 2:00 p.m.

2:00 p.m., Commissioners spoke to Idaho National Guard Colonel Thomas Rasmussen via telephone to discuss matters pertaining rumors heard that the local National Guard Armory is closing. Also present on the conference call was Lieutenant Paul Boice, Major Chris Borders, and Captain Kevin James Anderson.

Chairman Dinning said Commissioners had been contacted by the school district asking if Commissioners had heard anything about the National Guard Army being put up for sale. Chairman Dinning said this information was obtained from social media.

Colonel Rasmussen apologized for the information getting out in front of them and he informed Commissioners the National Guard will be closing the local armory. Colonel Rasmussen said the intent was to meet with City of Bonners Ferry to inform them the local unit was moving out of Bonners Ferry to Post Falls. The second part of the process is property disposal and the county is half owner of the armory. Colonel Rasmussen said the National Guard would have met with Commissioners in a more formal and proper announcement, but it can be done via conference call. All armories across the state are aging, even though many remodels have been done. The National Guard went to congress and asked for funding to rebuild armories that are reaching the end of their life cycle. Congress is not going to replace all armories across the county in which Idaho as 28. The Guard was told they need to consolidate and bring the remaining armories to current standards. None of the armories meet requirements for acreage so the Guard needs to close those armories that don’t meet those standards in order to qualify for other funding. Colonel Rasmussen mentioned the Guard is considering armories in the Moscow, Lewiston, and Post Falls areas and the demographics are driving this move. The Guard needed to conduct a readiness study and plan, and to determine where they are getting recruits from in this day and age. There are armories that have no soldiers who live in the same town, Orofino being one of those. There are only two or three soldiers out of 16 who attend drill up here so it is a command and control challenge.

The Governor has been notified and the next step was to notify the city and the county. Chairman Dinning said when the Guard and Commissioners last met there was talk that a super facility wouldn’t be ready for another 10 or more years, so how quickly are we looking at this action taking effect in Bonners Ferry. Colonel Rasmussen said the Guard is looking at taking the local unit out June of this year. The Guard will turn over their interest in the building back to the Idaho Department of Lands (IDL) who will offer that ½ interest to any other state agency that wants to buy that one-half interest, which is generally unlikely. Next in line would be an offer for the city or county to buy that one-half interest. The Guard doesn’t plan on moving a unit back to this location so property disposal is the best option. Chairman Dinning asked about the value and land if the county only owns one-half interest. Colonel Rasmussen said that other one-half interest will go through a bid process. If no other state agency bids, then that half interest is offered to the city and county to bid on. Colonel Rasmussen said he didn’t know if value has been assigned to the property. Colonel Rasmussen used an armory in Driggs as a reference and said they had a private buyer who had been interested in the Driggs facility and they offered over one million dollars. Chairman Dinning said if there is a state auction, it would only be the state’s interest being auctioned. Colonel Rasmussen referred to Captain Anderson as to whom the Guard had been working with on this matter. Chairman Dinning asked if the funds used for the local armory’s remodel came from the military division. Colonel Rasmussen said costs were split fifty-fifty between the federal government and state.

Colonel Rasmussen said the National Guard representatives are to meet with the Bonners Ferry City Council on June 7th.

Colonel Rasmussen said the property transfer will be taken over by IDL and the military division won’t have much to do with it. Commissioner Pinkerton said he doesn’t understand how the county is half owners of this property and Commissioners are just now hearing about this. Colonel Rasmussen said this decision was made just last week so until then it had been purely well-founded rumor. The Guard was not going to put out a press release until they had talked to the county and city officials. Chairman Dinning asked Colonel Rasmussen to contact the county to get ahead of this and lay some ground work. Commissioner Pinkerton said this news is coming at budget time and knowing what is going to happen may help in the immediate future. Colonel Rasmussen said the Guard wants to dispose of the facility as there is no intention of moving back, but they do have partners with one-half interest. The Guard is not interested in a lease agreement, but that could be an option to discuss. Chairman Dinning asked if the Governor can just give the building to the county. Colonel Rasmussen said he thinks that needs to be a legislative act.

The call to Colonel Rasmussen, Captain Anderson, Lt. Boice, and Major Borders ended at 2:20 p.m.

Commissioner Kirby moved to approve the minutes of May 9 and 10, 2016. Commissioner Pinkerton second. Motion passed unanimously.

2:22 p.m., County resident Walter Merrifield contacted Commissioners via telephone to check the status of a real estate contract. Commissioners said they are working to have the contract drafted by the county civil attorney and Commissioners will contact Mr. Merrifield when it is ready.

The call to Mr. Merrifield ended at 2:23 p.m.

Commissioners and Clerk Poston reviewed county positions.

3:41 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, May 24, 2016, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, 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, Planning and Zoning Administrator John Moss, Treasurer Sue Larson, Veterans Service Officer John Tucker, Solid Waste Department Superintendent Claine Skeen, Chief Probation Officer Stacy Brown, Prosecutor’s Office Manager Tami Goggia, Road and Bridge Department Office Manager Renee Nelson, Restorium Administrator Karlene Magee, Assessor Dave Ryals, Maintenance John Buckley, and Extension Educator Amy Robertson.

Chairman Dinning asked those who have not turned in their department budget to the Clerk to do so. Chairman Dinning informed everyone that John Tucker is the new County Veteran’s Service Officer.

Assessor Dave Ryals said there has been a lot of activity at the ambulance barn recently. Commissioners said Boundary Volunteer Ambulance has found a new staffing and office location to rent, but the ambulance units will still be kept at the ambulance barn. Assessor Ryals said assessment notices will go out Monday, June 6th and residents will have until June 27th to appeal, but the Assessor’s Office will try to work with people ahead of that if they disagree with their property assessment. The homeowner’s exemption has increased. Effective July 1st, the homeowner’s exemption maximum amount was changed from an indexed amount based on housing prices to a flat $100,000.

Ms. Magee said the Restorium is currently full and there is currently a waiting list. The last time the Restorium was full was in year 2012 or 2013. The resident haircare room should be completed by this Thursday.

Ms. Robertson said the Extension Office is getting a lot of people bringing in bugs, weeds, and trees. The Master Gardener Clinic will be held on Tuesdays and Thursdays otherwise the Extension Office doesn’t have a lot of classes going on right now.

Mr. Buckley said things are going well in the way of maintenance and he had some catching up to do with the early spring. Mr. Buckley informed Commissioners that he has noticed holes in the Courthouse lawn and found someone who has been using their metal detector in the lawn.

Ms. Brown said the Probation Department has been doing a lot of work with allied agencies, such as the Department of Health and Welfare and law enforcement and conducting home visits. Ms. Brown voiced their appreciation for Deputy Treasurer Deniece Fodge and Treasurer Sue Larson for allowing Ms. Fodge to help the Probation Office with administrative tasks once in a while. Ms. Brown said other than that her office is just gearing up for summer.

Ms. Goggia said the Prosecutor’s Office has been busy, mostly with adults. Ms. Goggia commented there are a lot of crimes that occur at the mud bog that don’t get reported.

Treasurer Larson said her office is getting ready for the June tax collection.

Mr. Tucker introduced himself to those present as the new Veterans Service Officer. Mr. Tucker provided everyone with his background to include being retired military and former Forest Service employee. Mr. Tucker said he is taking over for Jim Wilson who has passed away. Mr. Tucker briefly reviewed statistics for the Veteran’s program and said 10% to 12% of Boundary County’s population consists of veterans.

Mr. Moss said Planning and Zoning has been busy and has also benefited from the help of Ms. Fodge. Mr. Moss said there have been a lot of staff reports for residential placement permits and he’s had a few special nature hearings. The Planning and Zoning Commission has been busy so he has been busy with that effort and with Commissioners.

Mr. Skeen said he is having the wood pile at the landfill ground up at a cost of $39.50 per green ton. Mr. Skeen said at that price he is able to grind up half of the wood pile and he added that this is the biggest wood pile he has had. A lot of the wood was brought in by commercial contractors and a fee has been established for that. Mr. Skeen said he is currently going through the permitting and public hearing process to extract sand from the adjacent county property to use for landfill cover and winter road conditions and next he will be going out to bid for a weight scale for the main landfill site.

Ms. Nelson said Road and Bridge has been busy and will start scheduling dust abatement. Crews are working on brushing and ditching ahead of chipsealing. Road and Bridge now has a force feed loader so that is being used on Porthill Loop to pull debris out of ditches and load it into the truck. This loader will be used on many roads as it is working very well.

Chairman Dinning said he heard that the National Guard is removing the local unit and relocating them to a facility in Coeur d’ Alene or Post Falls. The Bonners Ferry National Guard facility consisted of 12 to 16 guard members and they have been commuting to Post Falls and Coeur d’ Alene to train. Commissioner Kirby added that there were only three or four National Guard members who actually lived in Boundary County. Commissioner Pinkerton said Commissioners were told there are seven units in North Idaho and the National Guard is trying to consolidate those into two units.

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

Chairman Dinning mentioned Commissioners had received a telephone call from Doug Moser with Top A Machinery. Mr. Moser would like to donate his services and equipment to help the Catholic Church clean up the debris left from the fire and dispose of the debris at the landfill, but he would like the disposal fee waived. Commissioners debated the matter and determined the county’s policy won’t allow the fee to be waived.

Commissioner tended to administrative duties.

There was no Noxious Weeds Department report.

Commissioner Pinkerton moved to approve the Certificate of Residency form for M. Wallace. Commissioner Kirby second. Motion passed unanimously.

10:00 a.m., Commissioner held a public hearing to consider Planning and Zoning Application 16-040, an application for a proposed mine site, referred to as the landfill extension, for the purpose of supplying traction sand for Boundary County Road and Bridge for use on county roads and to provide cover for the daily capping of the current landfill operations. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Solid Waste Superintendent Claine Skeen, Planning and Zoning Commission member Marciavee Cossette, and Roger Miller, Gayla Roady, Chad Argon, Gabriela Solum, Bill Dooling, and Judy Dooling. The hearing was recorded.

Chairman Dinning reviewed the public hearing procedures and informed those present that as this is an appeal hearing. The next remedy for challenge is the court system, as established by Idaho Code. No one had any questions. No Commissioners had a conflict of interest.

Commissioners opened the hearing to public testimony. The applicant, Road and Bridge Department Superintendent Clint Kimball was not able to attend the hearing, but Commissioners have the written application package. Commissioners have also received written public comment, which has been reviewed.

Mr. Moss provided a staff report and said included is a report that summarizes the request to use the land adjoining the landfill as a borrow source for the County Road and Bridge Department. The Idaho Department of Lands has approved the reclamation plans and the benefit of this proposal is affordable means for soil coverage and traction sand. The subject site is adjacent to the current landfill border keeping operations at a minimum. Staff analysis indicates that the parcel in question, RP62N01E156611A, is 29.79 acres in size and is located in the Rural Residential zone. The surrounding zones are rural residential, residential, agriculture/forest, and commercial/light industrial. Surrounding land uses are hay, farming, timber, and residential use. The closest overlay is the airport and there is no impact. The site precedence is that there is no known precedence, according to Mr. Moss.

Chairman Dining said in the document pertaining to the reclamation plan it contains information about the purpose of the application, which is daily capping of current landfill operations. In the second paragraph it mentions a repository for future landfill operations and that has caused him some concern as to what that truly means, because Boundary County has been notified that the entire parcel to the east of the subject parcel, consisting of approximately 40 acres, has been authorized for use as a landfill site. Commissioners asked Mr. Skeen how many years he anticipated it would be until he would need sand from another site when he is going to be reusing sand from the expansion of the existing site. Mr. Skeen said it would be a while until he would need sand from an additional site, possibly more than five years. Commissioner Pinkerton said in Commissioners’ documentation it talks about the life expectancy of the current landfill site and the life expectancy is 10 to 12 more years at current levels. There are references to the current landfill site indicating 18.1 acres, but since the county was given approval of the entire 40 acre parcel, that life expectancy will continue well beyond the 10 to 12 years.

In regards to the mention of a repository for future landfill operations, it was stated in the reclamation plan, to acknowledge that the Panhandle Health District, Department of Environmental Quality (DEQ), and the Environmental Protection Agency (EPA) have not permitted that use to expand to the subject property. Mr. Skeen said that was correct. That use would require a full public hearing process, according to Chairman Dinning.

Commissioner Kirby referred to the landfill extension and reclamation plan as well. Chairman Dinning mentioned that the Panhandle Health District pointed out that it is too bad this application was titled as it is as it is not in any way an extension of the landfill. Mr. Moss said that was correct. Commissioner Kirby said there is a letter from the Panhandle Health District dated November 24, 2015, which is signed by Environmental Health Section Manager Eric Ketner that makes that abundantly clear. Commissioner Kirby said it is unfortunate the letter really doesn’t indicate use for daily business; it talks about capping and it causes confusion by mentioning the future for landfill operations and it throws up a red flag. In the next paragraph the letter refers to storage, overburden, future reclamation, but not solid waste. Chairman Dinning said the repository for future landfill operations causes him some concern. Commissioner Kirby said there are terms that require further explanation.

Commissioners asked for public comment from anyone in favor of the application. No one spoke.

Commissioners then asked for public comment from those uncommitted. Roger Miller, 78 Frosty Lane, Moyie Springs said his concern is that the site would later turn into the landfill extension. Mr. Miller also said there is another matter that could impact him directly, which is that his water line comes from the road to his hay shed and then to his home. Mr. Miller said he would hate to have to pay the cost to have the water line rerouted. Chairman Dinning said the waterline would come in from the southeast corner of the current property, then to the existing building. Then it travels at an angle to the concrete pads on the northeast corner of Mr. Miller’s property. Chairman Dinning asked if the water line heads northwest. Mr. Miller said yes.

Mr. Miller said another question he has is how the operation will work at this site. Will there be big sand piles or just a pit? Mr. Moss said there had been discussion at the Planning and Zoning Commission hearing concerning activity that would take place and he didn’t know the specific details, but there were specific calculations of yardage and how deep the hole would be, but he doesn’t recall the answers. Commissioner Pinkerton asked Mr. Skeen how the sand is mined that Road and Bridge uses today and how that is set up. Mr. Skeen said there is a screen system so there is a stockpile there now that is approximately 1,000 yards. Mr. Skeen mentioned the discussion at the Planning and Zoning hearing of there being a slope that will be a certain number of feet away from existing properly lines.

No one else spoke uncommitted.

Commissioners asked for public comment from those speaking in opposition to the application. Gayla Roady, 959 Hillcrest Road, Bonners Ferry, said reasons for her opposition to a pit on the west side of the current landfill is how it will affect property values, the proximity of the pit to property, air quality, constant dust, and how the views from the house will change from a field to a borrow pit. Ms. Roady said she is also concerned about some of the proposed operation of the pit. A road is proposed along the north end that will cross Hillcrest to access the landfill from the gate to the north and Ms. Roady said she would prefer a road to the south that was built by the Idaho Department of lands be used to access the site. Ms. Roady said trucks will be hauling fill dirt and crossing at her driveway and the Argon’s driveway with kids and dogs present. Ms. Roady said she would like exaction to start at the south end of the property, not the north. The main entrance and gate should be at the southwest corner of the property. Ms. Roady said she is also concerned about the site being used for a repository other than sand so she would like a document written and signed that this site won’t be used for anything other than extracting fill dirt and traction sand. Ms. Roady mentioned the site will devalue property.

Chairman Dinning asked about the location of the current gate at Hillcrest Road. Ms. Roady said the other road is Chokecherry and she suggested Chokecherry Road be used as the access. Chairman Dinning said for clarity that the county has given the Idaho Department of Lands a 60 foot easement along the south and part of the west line for access to their own property.

Gabriela Solum, 97 Heavenly Drive, Bonners Ferry, said she is opposed to the application as well as she will be directly affected since her property currently views farm land. Ms. Solum said she is also very concerned about noise and dust, and about safety of her kids who play in the area. The proximity of the gravel pit is a concern. There will be a lot of dust with the vehicles and the value of the properties surrounding the site will be devalued. Ms. Solum said she purchased her property because they loved the view of the farmland behind the house and now the borrow pit will be constructed so instead of pretty farmland she will be looking at a gravel pit. Ms. Solum asked if the county will be able to plant trees to prevent an eyesore that people will have to look at. Ms. Solum reiterated that the operation will generate noise and she doesn’t want to be woken up at 3 a.m. or 4 a.m. in the morning during winter when Road and Bridge trucks come to get sand. Ms. Solum mentioned issues with dust and said she already dusts every day and now that this pit will be closer to her house she will need to dust more. Ms. Solum asked what will be done to control dust and what kind of chemicals will be used. There are small children in the area so if chemicals are being used, they need to be as natural as possible so the kids and people in the neighborhood won’t be affected. Ms. Solum said she knows that the pit may be 20 yards from her property so it will be extremely close and her small children will be playing close by, which is very concerning to her, and in addition the decreased property value is a concern.

Chairman Dinning asked Ms. Solum if she hears noise from the landfill now. Ms. Solum said sometimes, yes, if she is outside playing with her kids. The big trucks are a safety concern for her. Ms. Solum said she bought a beautiful house and she explained where her home is located and added that her backyard will be approximately 20 yards from this new extension. Ms. Solum said she has a lot of privacy right now, which will be extremely affected. Ms. Solum said she will be located on the southwest side of the county’s property. Chairman Dinning said there will be a road built by the Idaho Department of Land adjacent to Ms. Solum’s property for access to IDL land. Ms. Solum said she thought that road was going to be temporary so IDL could log and then when that was done, the road could not be used as a public road. Commissioners said it is going to be a permanent road. Chairman Dinning said this road is an easement for the state and Mr. Miller to access their properties, and it can be used as often as someone wants to use it.

Chad Argon, 958 Hillcrest Road, Bonners Ferry, said his concerns are building onto what Ms. Roady has stated. Property devaluation is the biggest concern. Mr. Argon said if the site becomes a borrow pit, that will reduce the value of his property a certain amount, but in the unknown chance the site is to become a landfill, it is hard to say where that value will go. Mr. Argon said if he tried to sell his house and the buyers asked if the county’s property is going to become a landfill is going to be a bad point and hurt values even more so getting a promise letter that this site is not going to become a refuse site would be better. That way people could sell their property based on facts, not unknown circumstances. Dust is another huge issue, according to Mr. Argon. The area consists of farmland right now and it is planted and dust is pretty much abated. When this area is a permanent hole, there will be constant dust and when it was said that dust would be abated, he is concerned with what chemicals may be used. Mr. Argon said it doesn’t make sense to put in a north entrance right next to his access. Mr. Argon said another issue is signage as he doesn’t want to drive down a long country road and encounter all this signage warning them they are entering a hazardous area. Mr. Argon said he moved to a serene area; not a hazardous area. Mr. Argon said he and his wife have seven kids and the kids like to check the mail and he is not worried about that as there is no traffic, but if an entrance is built on the north side, he is concerned about the possibility of his children getting injured. It would be a terrible thing so safety is a huge concern. Another issue is that typical gravel pits have unattractive with high fences put around the property causing the area to possibly look like a prison. Mr. Argon said creating a berm and planting vegetation had been talked about so what type of vegetation would that be. Privacy is another concern. Mr. Argon said the easement that is being built for logging is now just used by a farmer who comes and goes, but after this it will be excavators, dump trucks, etc., and he doesn’t want people to see what he is doing. Mr. Argon said there was also no other alternative sought out for this site so it is like the easy route was taken. The county has a landfill and it was like there is another piece of county land so let’s just take that. This land was purchased not too many years back so if the county didn’t have this land, there would be other options so why not seek another option. This is not the only thing that can be done to extend the life of the landfill so it is taking the easy route. Mr. Argon suggested the county take a look at other options rather than destroying the land. Mr. Argon said his biggest concerns are property value and the safety of his family and neighbors.

Commissioners had no questions.

Chairman Dinning said these are valid matters for Commissioners to discuss.

Commissioners provided another opportunity for the public to comment. Mr. Miller, speaking uncommitted, elaborated on the easement for the IDL. Mr. Miller said IDL representatives indicated to him they plan on constructing a gravel road, do a grade, then log their property. Mr. Miller said it may be years before IDL logs again and in the meantime the easement is for him and not for general use. Mr. Miller said IDL approached him about putting up a gate between his property and the county’s property, but being that it is a field, people will just go around the gate. If that easement was used for the borrow pit, there would need to be major improvements made to it to include gravel, etc.

Commissioners closed the hearing to public testimony and called for discussion amongst themselves. Commissioners have heard the concerns. It has come to light that Mr. Miller’s water line needs to be addressed as he isn’t sure anyone else was aware of that. Chairman Dinning asked for Commissioners’ thoughts on the applicant’s responsibility to relocate the water line. Commissioner Kirby said if the work ran into a utility, it would be the applicant’s duty to not tear that up or they need to relocate it. Commissioner Pinkerton said there must be a prior easement. Chairman Dinning said he is guessing there wasn’t a prior easement. Commissioner Pinkerton said we cannot cut water service off so in this case that water line is the county’s responsibility to ensure flow. Commissioners said it is the applicant’s responsibility to relocate the water line and still provide water at the adjoining landowner’s current location.

The next concern is stockpiling at the site. Chairman Dinning said he believes there is going to be stockpiling of some nature so should Commissioners restrict anything in that fashion? Commissioner Kirby questioned what is being produced on the ground. Chairman Dinning asked if Commissioners need to address stockpiling sand, and Commissioner Kirby said he didn’t think so. Commissioner Pinkerton said stockpiling sand is the whole purpose of needing this borrow pit. Sand will be used on the slick roads so there is going to have to be a stockpile of some fashion. There comes a point when the pile might get too big and we don’t want that to occur, but we don’t want to put a restriction on that.

Commissioner Pinkerton said there was concern of noise, dust, and privacy. As it pertains to noise and dust, the county would by all means mitigate operational hours so not to be digging at midnight or early in the morning. Commissioners should consider setting some kind of limit to the operation such as the number of hours and days per week. Chairman Dinning said if sand is needed for slick roads, it may be needed all night. The stockpiling of sand should occur during a specific time frame during the day. Commissioners suggested setting the hours of operation for the construction aspect of the project.

Chairman Dinning said he would assume screening does not occur during the night. Commissioner Kirby said he doesn’t think so, and currently screening is done during work day hours. There will be some night work, though, as slick roads can occur at any time. Commissioner Pinkerton said the mining operation consisting of digging sand, sifting, and creating a stockpile for sand is a separate operation from loading sand into a truck and putting it on the road. Commissioner Pinkerton said yes, there will be noise from loading, but it will be minimal as compared to excavators, sifters, etc., and constructing a pile to draw from so he has a strong opinion on setting mining hours so it doesn’t occur 24/7.

Commissioner Pinkerton said the county already has an operation going to the east of the site and heavy equipment and trucks are running. There really is not going to be a significant adverse impact in continuing to use that same location at the south end of the property. Commissioner Pinkerton said Hillcrest Road runs along the south end of the landfill so Road and Bridge would have from the intersection of Hillcrest Road to approximately Chokecherry Road to use as access road. Commissioners discussed access being located at the south end of the property along the Intersection of Hillcrest Road and Chokecherry Road.

Commissioner Kirby asked Mr. Skeen if the landfill is using Hillcrest Road now to obtain sand from the existing stockpile for loading trucks. Mr. Skeen said the landfill is located on Hillcrest Road, not Chokecherry Road. Mr. Skeen pointed out on a diagram what road is used as well as pointing out the location of the Roady and Argon residences. It was said currently when Road and Bridge use the landfill they are accessing it from the northwest corner of the existing landfill operation off of Hillcrest Road. Mr. Skeen said that was correct.

Blue Sky Broadcasting Reporter Mike Brown joined the meeting at 11:04 a.m.

Commissioner Kirby spoke of the proposed entranceway at the north end of the subject site as suggested by Road and Bridge. Mr. Skeen mentioned the north access crosses the Roady and Argon entrances. Commissioner Kirby said he was trying to estimate the kind of truck traffic. Chairman Dinning said he had wondered how long it was before that occurred. Chairman Dinning said he is comfortable with the entrance and exit being located where it currently is as it is less of a concern. Chairman Dinning said it is just off of Hillcrest Road and Chokecherry Road.

Commissioners said another concern mentioned was where to begin the operation. Some have suggested beginning the work at the south end of the property as opposed to the north end so was that considered in the application. In looking at this application we are looking at the entire property excluding the easement for access. Mr. Moss said he thinks discussion was about activity at the north end of Hillcrest Road and although trucks crossed Hillcrest Road, activity did not go up and down Hillcrest Crest Road and it was less obtrusive. Chairman Dinning said he is talking about the development of the mining operation, as he didn’t see documentation about that. Commissioners will leave that up to the Road and Bridge Department when they start development from the southeast corner.

Chairman Dinning said one thing mentioned loud and clear is the concern over a statement regarding a future repository for landfill operations. Chairman Dinning said this application is only for the mining operation and we, as a Board of Commissioners, cannot take any action that would bind a future board as per Idaho Code. So in looking at this application, Commissioners are looking at the current application and adding restrictions to it. If in fact there is ever a thought to expand this in the landfill operation, the application has to go through the entire federal and state processes, which are extensive and expensive. Commissioners are only considering and placing restrictions on this application. Commissioner Kirby said DEQ and the Panhandle Health District have made it abundantly clear that we are not creating a future refuse. Chairman Dinning said we also need to be careful that this site does not become a repository for inert materials. Commissioner Pinkerton said this application is for the mining of sand and it is not currently within Commissioners’ control to expand landfill operations into this parcel so regardless of what the title of the application says, it is not within the county’s control to just decide to move across the road and do what we want so it is a moot point. The title of the application is unfortunate, but the application is just to extract sand for winter roads and provide a cap for daily landfill operations. The county cannot expand to include repository proceedings for the landfill. Chairman Dinning said that was correct. Commissioner Pinkerton said, but in 100 years there may be a need for that use.

Commissioners addressed dust control. Commissioners said they are not sure if and what regulations there are for this. Commissioner Kirby said he doesn’t know the code, but there is a code statute that regulates the amount of dust as it pertains to agricultural activity so he doesn’t know if that applies to this application. Chairman Dinning said there will be dust regardless and added that Commissioners do need to talk about the use for of this application for roads and the landfill and that is it. Currently the Road and Bridge Department is obtaining material from the current landfill site and it didn’t appear, from the Solid Waste Department Superintendent, that there is a need for material for his department for several years and a rough estimate was given. Yes, there is a need to approve an activity, but does that activity need to physically occur now. Chairman Dinning said there is already enough sand to take care of Road and Bridge for the next three years. Mr. Skeen doesn’t need any sand for the next five years so why does the county need this operation now? Commissioner Kirby said the county may not need material from the proposed site for a long time. Chairman Dinning said this application will allow it. Commissioner Kirby said someone had the foresight. It was said there is a two year time limit in which to begin activity as it pertains to a conditional use permit.

Chairman Dinning addressed having the other site and economics and commented that he is glad Commissioners at the time had the foresight to purchase this other property as land was less expensive then and it is close to the current landfill operation.

Commissioners discussed a berm and silt fence that have been proposed, and asked which location the berm would be located. Commissioner Kirby said he didn’t recall a direction, but it would be five feet from the property line fence. The picture depicted the berm would surround the pit.

Commissioners reviewed the criteria to consider and asked if the application provides sufficient documentation for the full scope of work. Commissioner Kirby said yes. Chairman Dinning said he would like to know some specific things from the applicant about the berm and its location. Chairman Dinning asked if there are any questions that need to be asked of the applicant. Chairman Dinning asked if the proposed use conforms to the applicable standards. Mr. Moss said discussion had to do with the ordinance and talking about gravel operations in a rural residential zone. Commissioner Dinning reviewed different chapters of Section 15.6., of the Planning and Zoning Ordinance. Mr. Moss said gravel operations is in Section 15.6.2., and this application identifies as intensive use. Commissioners asked if a conditional use application is allowed through the conditional use process in this zone. Mr. Moss said yes, so the answer to that criteria is yes. Commissioners asked if there is sufficient land area to accommodate the proposal. Chairman Dinning said yes. To minimize adverse effects Commissioners have discussed hours of operation and as it pertains to the mining operation hours or stockpiling and screening, that needs to occur during normal business hours. As it pertains to stockpiling and screening hours of operation, Road and Bridge operates Monday through Friday, 7:00 a.m. to 5:00 p.m., during the winter, except in the case of an emergency. This excludes loading sand into trucks. Commissioners suggested having the entrance located at the southeast corner, generally at the intersection of Chokecherry Road and Hillcrest Road. The county will be responsible for relocating the waterline and Commissioners will need to address the berm. Commissioner Kirby said the reclamation plan addresses that and it meets the conditions.

Commissioners continued reviewing the criteria and questioned how this use compares to existing uses. Chairman Dinning said the county already has a seven day per week landfill operation adjacent to this site, but he doesn’t see this operation running that many hours in that fashion at this point. Chairman Dinning asked what other impacts there are that can be mitigated that have not been addressed. Commissioner Kirby mentioned dust control and Commissioner Pinkerton said that is addressed in the plan.

Chairman Dinning asked if there are any other concerns from other departments. It was said this area falls within the North Bench Fire Department area, that DEQ has weighed in on the plan and there are no other comments from any other agencies.

Commissioner Pinkerton said there is a potential benefit for the community concerning this proposal as every road in the county needs sand in the winter time and eventually the county will need to have sand to cover the landfill.

Chairman Dinning asked if the specific concerns voiced have validity and are they being addressed. Commissioner Pinkerton said Commissioners have heard valid concerns and the county is trying to mitigate the effects as best it can, although there are some things it cannot do. Chairman Dinning said the county will try to mitigate to the best of its ability. Commissioners questioned if this application constitutes a public nuisance. Commissioner Pinkerton said he would not say it does. Is there undue adverse impact to surrounding neighbors? Commissioner Pinkerton said it depends on what infringement there is and he doesn’t think there is any infringement occurring. Does this unfairly burden county taxpayers that are not offset? Commissioner Pinkerton said no, and Chairman Dinning said it works the other way in this case.

Chairman Dinning said Commissioners have discussed restrictions they would like to see in place if this application is approved. Mr. Moss said he will have the final findings for this application if Commissioners choose to go forward. Chairman Dinning said at this point there has been discussion and review of criteria to address mitigation so is there any future discussion Commissioners need to have? Commissioner Pinkerton and Commissioner Kirby said no.

Commissioner Pinkerton moved to approve Planning and Zoning Application #16-040, for a conditional use permit and to obtain more information about the berm. Commissioner Pinkerton then withdrew his motion as he wanted more information on the berm before weighing in. Commissioners will adjourn the hearing and set a future date in which to continue the hearing in order to address more information on the berm. Chairman Dinning said he is not sure if Commissioners will need to open up the hearing to additional public comment.

Commissioner Pinkerton moved to continue the public hearing to consider Planning and Zoning Application #16-040 to Monday, June 13, 2016, at 11:00 a.m. Commissioner Kirby second. Motion passed unanimously.

The hearing ended at 11:42 a.m.

Commissioners tended to administrative duties.

12:24 p.m., County Civil Attorney Tevis Hull joined the meeting.

Commissioners informed Attorney Hull that David West, who is a vendor for the local Fire Safe Program, does not want to carry workers compensation insurance. Commissioners said Mr. West stated he has no employees, but the county is still liable if something happens and it is a requirement of the contract for the vendor to carry this insurance so it is also a policy issue. Attorney Hull agreed in requiring this insurance.

Commissioners said Walter Merrifield called about the status of the contract to purchase his home back from the county as it had not sold at the county’s tax deed auction.

Commissioners and Attorney Hull spoke of the Byler property matter. Attorney Hull said he spoke to Gary Gates with the Federal Aviation Administration who required information for the letter of intent to purchase a portion of Mr. Byler’s property. Attorney Hull said there are conditions the county needs to meet before the sale can go through and he is halfway through the draft, which he will forward to Mr. Gates for review prior to providing it to Commissioners.

Attorney Hull said he spoke to Attorney Toby Mcaughlin about their client, the members of Mountain Mafia, and they should soon be submitting an application for a conditional use permit for the rock crawl events they host.

Commissioners said they were notified the National Guard is selling their interest in the local armory. Chairman Dinning informed Attorney Hull that he had drafted a letter outside of Commissioner Pinkerton’s and Commissioner Kirby’s knowledge and it is a time sensitive matter.

Commissioner Kirby moved to amend today’s agenda to consider signing a letter to the Idaho Army National Guard. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to sign the letter to the Idaho National Guard regarding facility negotiations. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning said Commissioners individually received concerns about the Moyie Mud Bog so how does the county move forward about these conservations. Attorney Hull said he has talked to Planning and Zoning Administrator John Moss about this and he is exploring the grandfather clause to find out whether or not there are some conditions on special events such as dust abatement so he will meet with Mr. Moss to explore that.

Chairman Dinning said Commissioners had just held a public hearing for a conditional use permit and the hearing was closed to public testimony and continued to June 13th. Chairman Dinning said once the new information comes in that Commissioners are waiting for do we open the hearing back up to public testimony. Attorney Hull said yes.

Attorney Hull left the meeting at 12:33 p.m.

Commissioner Pinkerton moved to approve the minutes of May 16 and 17, 2016. Commissioner Kirby second. Motion passed unanimously.

There being no further business, the meeting adjourned at 12:36 p.m.

DAN R. DINNING, Chairman


By: Michelle Rohrwasser, Deputy Clerk

Friday, June 24, 2016 - 09:00
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