Commissioners minutes |
May 25, 2011 |
Mr. Graham said he received
a call from Mick Shea, who works in Operations
at the Libby Dam, and Cathy Desjardin, Civil
Engineer for the U.S. Army Corps of Engineers.
Ms. Desjardin is the manager for the flood
fighting group with Corps of Engineers in The Corps of Engineers from Commissioner Dinning said
as he understands, Sturgeon flows are only to
occur when the level of the Mr. Graham said he put a
packet of information together that explains the
Advance Measures Assistance from the Corps of
Engineers. One page is a letter to Colonel
Wright that was written last year and it
basically contains the same information for
assistance, but Mr. Graham presented Commissioners with the application that is to be completed and sent directly to Colonel Wright at the Corps of Engineers. Mr. Graham explained what paperwork needs to be sent to the Corps of Engineers, General Bill Shawver with the Bureau of Homeland Security, and to Governor Butch Otter. Commissioner Dinning moved to send a letter to the Bureau of Homeland Security requesting the Governor’s support for the application to the U.S. Army Corps of Engineers seeking Advance Measures Assistance under the authority of Public Law 84-99, to send this application, a letter from Commissioners, and supporting documentation to Colonel Wright at the U.S. Army Corps of Engineers, and a letter and supporting documents to General Shawver with the Bureau of Homeland Security, and to sign all necessary documents pertaining to this matter. Commissioner Kirby second. Motion passed unanimously. Emergency Services Director Dave Kramer informed Commissioners that County participation can be in-kind. Mr. Graham further elaborated that could mean someone with the Emergency Management Services attending the U.S. Army Corps of Engineers’ actions, or a County employee providing traffic control. Mr. Graham said since the slough is on private property, he needs to get permission from the property owner.
The meeting with Mr. Graham, Mr. Kramer, and Mr. Sims ended. 9:30 a.m., Commissioners held a Planning and Zoning public hearing to consider Application #11-005, a zone map amendment requested by applicant Kevin McNally. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Mike Weland, Applicant Kevin McNally, Eric Besaw with the Idaho Department of Lands, Bill Dettelbach, Norma Dettelbach, Greg Garrison with the Kootenai Rim Homeowner’s Association, and Reporter Mike Brown for Blue Sky Broadcasting. The public hearing was recorded. Chairman Smith briefly reviewed the public hearing procedures. No member cited a conflict of interest. The applicant seeks to amend the zoning of parcel #RP62N02E201811A, 56.9 acres in size, from rural residential to agriculture/forestry, contending that an error was made as a result of his 1988 application to amend the zoning of a portion of property, which is now French Point Subdivision. Chairman Smith asked the applicant for an opening statement. Kevin McNally, 4146 District Two Road, Bonners Ferry, said he is in the process of trying to obtain a gravel pit application, but it has been discovered that in the past a clerical error caused the zoning map to be drawn incorrectly. Where zoning should have gone to the railroad tracks, it went down to the river and included Mr. McNally’s 57 acres. Of the 57 acres, Mr. McNally said he is hoping to have one area level enough to build a home. It is zoned rural residential, but the area is surely not suited for it, according to Mr. McNally. Mr. McNally said he discovered the original map, which consisted of an 8 inch by 10 inch piece of paper for the entire County. Mr. McNally said half of the field below his house is zoned rural residential and the other half is zoned agriculture/forestry. Mr. McNally said this change will not impact the County in any way and he feels he would be correcting a clerical mistake that was made possibly 10 or 20 years ago. Chairman Smith said the application is to change zoning from rural residential to agriculture/forestry. Commissioner Dinning asked when the error was made and Mr. McNally said he doesn’t know. At the time of the French Point development, that entire area was agriculture/forestry. Mr. McNally said French Point was added to the map so he doesn’t know if the mistake was made at that point. French Point was changed in approximately 1987, according to Mr. McNally. Commissioner Kirby asked about the topography of this ground and Mr. McNally said the grade is 60% plus. Mr. McNally said there was an emergency gravel pit when the slide happened. Mr. McNally said there is nothing to crush on the property. Mr. Weland included a map provided by Mr. Garrison as part of the record. Mr. Weland provided a staff report and said the Planning and Zoning Commission forwarded a unanimous recommendation of approval. There was an error in the original zoning in 1988. The acreage involved is not suitable for residential zoning due to the slope and lack of utilities. Planning and Zoning received two letters of opposition, but it was determined by Planning and Zoning the land would be better zoned agriculture/forestry. Commissioner Dinning said for clarity that what Commissioners are considering today is the zone map amendment aside from the uses. Commissioner Kirby said he had no questions. Commissioner Dinning clarified the error stating the area that Mr. McNally owns on the rim was allowed to be developed, but the error was including the site. Rather than stopping at the railroad tracks, which is clearly part of the application for a zone map amendment, the zone designation dropped down to the river. Chairman Smith asked for public comments in favor of the application. Bill Dettelbach, 2336 District Two Road said he lives no more than one mile from Mr. McNally’s residence and just a bit farther from the quarry and he doesn’t see any problem. Mr. Dettelbach said he has known Mr. McNally for 20 years and he doesn’t see anything negative and why Mr. McNally’s application couldn’t go forward. Chairman Smith asked for public comments from those uncommitted and opposed to the application. No one from the public spoke. Mr. McNally provided a closing statement by saying the railroad goes through a tunnel in that area and disappears so it would be easy for the person doing the mapping to make that mistake. Commissioners closed the hearing to further public testimony. Commissioner Dinning asked what the minimum lot size is for the existing zone. Mr. Weland said one acre for rural residential and agriculture/forestry would change minimum lot size to 10 acres. Commissioner Kirby had no comments. Commissioner Dinning said based on what he has heard there had been an error made. Commissioner Kirby moved to approve the Planning and Zoning Commission’s recommendation and Findings and Decision #1 through #7 as it pertains to Application #11-005. Commissioner Dinning second. Motion passed unanimously. The public hearing to
consider Planning and Zoning Application
#11-005, a zone map amendment requested by Kevin
McNally ended at Commissioner tended to administrative duties. Mr. Gutshall presented
Commissioners with a written report. Chairman
Smith said Commissioners are in the process of
updating agreements and they have found an old
agreement with the City of Chairman Smith spoke of the
condition of Mr. Gutshall spoke of work
done to Durapatching should begin this week. Mr. Gutshall said Road and Bridge has received a lot of phone calls about potholes, but he only wants to have to fill holes once so not to waste money and that is hard to convey to people. Mr. Gutshall said he is waiting for a response from Interstate Asphalt. Mr. Gutshall spoke of purchasing a certain tonnage of asphalt for patching and that puts the County in a bidding situation unless there is a contract. This is asphalt to be obtained for hot mix asphalt and as this is for all patching work, the County will most likely be in the category of needing bids rather than quotes. Commissioner Dinning moved to continue the bid for hot mix asphalt until later this afternoon. Commissioner Kirby second. Motion passed unanimously. Mr. Gutshall said he lowered the amount in the dust abatement budget to be able to use the funds elsewhere. Mr. Gutshall said he is only bidding 120 tons of dust palliative materials rather than 200 tons as he had done last year. Commissioner Dinning moved to go out for bids for 120 tons of dust palliative materials for the Road and Bridge Department. Commissioner Kirby second. Motion passed unanimously. Mr. Gutshall said there is
a scheduled meeting tomorrow about the Deep
Creek Loop and Lion’s Mr. Gutshall presented
Commissioners with an update of road conditions
as a result of spring breakup and frost heaving.
Mr. Gutshall said roads on his list don’t even
address the three roads, Lion’s Mr. Gutshall said he cut 40% in one area of his budget in order to generate funds for patching. The cost of labor and equipment could total $56,000 to $80,000 for additional repairs and what this does is takes away from other work that gets done. Mr. Gutshall said there are
at least three to four miles of road that may
have lasted a little longer if not for this
spring’s events and some roads have gone beyond
a certain point. Those present discussed
gravel roads and Mr. Gutshall said Commissioners and Mr. Gutshall reviewed options for roads. Mr. Gutshall said he won’t rebuild a road without putting a stabilized base on it. Compared to conventional reconstruction you have to do something very fast, according to Mr. Gutshall. Commissioner Dinning said this is looking at 40% of the cost. Mr. Gutshall said he doesn’t know the life span of conventional reconstruction. Mr. Gutshall spoke of a road near the landfill being a gravel road and Road and Bridge was going to surface this road and put gravel on it before adding surfacing. It was decided to churn the base with the gravel so not to waste gravel, according to Mr. Gutshall. Mr. Gutshall said Blume
Hill will take a lot of hot mix and it will cost
$47,000 just to patch this road this year. If
this road was chip-sealed it would last seven to
eight years, but it would not be curing the
underlying problems since the road would not
have a stabilized base. Some road repairs have
to be “constructs” because of this. Mr. Gutshall
said as an example, it cost the Kootenai Tribe
over $500,000 to rebuild Commissioner Dinning asked if Mr. Gutshall had analyzed what the priorities are. Mr. Gutshall said if we get to the point of good weather and look into the availability of oil, he may need to open the budget, but there is surplus to look at. Mr. Gutshall advised doing all the chip-sealing that can be done. Mr. Gutshall said he has no choice, but to do a couple of miles of road rebuild. The maintenance chip-seal is a single shot process. A double shot process for the base and one mile of rebuilt road will eat up two miles worth of chip-sealing for maintenance. If weather permits, Mr. Gutshall said he will try to chip-seal everything that he can plus Blume Hill, etc. Mr. Gutshall said if he does two roads, he might need to go $80,000 to $100,000 into reserve funds if the other roads take care of themselves. Mr. Gutshall said the cement treated base (CTB) option of $90,000 does not take into account adding gravel. It could be that the difference of conventional or CTB is half. Chairman Smith said this is
a good report and since Commissioners receive
comments from the public, the media being here
will present a fairly clear picture of the
roads. Mr. Gutshall said while touching on
gravel road problems, they aren’t as serious,
but Road and Bridge does have those roads in
mind. Road and Bridge has to concentrate on the
other roads first. Mr. Gutshall said Road and
Bridge should be able to help out on The meeting ended and
Commissioners recessed for lunch at 1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Smith, Commissioner Dinning, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser. Dr. Bartling thanked
Commissioners for attending the last The meeting with Dr.
Bartling ended at Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously. Commissioner Dinning moved
to go out of closed session at Commissioner Dinning moved to put the decision for indigent application #2011-30 in suspension pending eligibility determinations for other possible resources. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to approve indigent application #2011-31 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to reduce reimbursement to $25 per month for indigent account #2009-46. Commissioner Kirby second. Motion passed unanimously. Deputy Clerk Nancy Ryals left the meeting.
The meeting ended at Commissioners tended to administrative duties. Commissioner Dinning asked if there will be an increase in the rates this year. Ms. Magee said the Restorium Board had mentioned that. Ms. Magee said there is a waiting list for residents, but only the large rooms are available and those on the waiting list can’t afford them and they’re waiting for a small room. The State rules and regulations are changing and Ms. Magee said she needs to update her forms and policies to be more specific. Those present briefly discussed the nursing position that is open at the Restorium. Ms. Magee left the meeting
at County resident Judith
Holly Beaudet stopped by Commissioners’ Office.
Ms. Beaudet said she wants a public hearing
about the Bureau of Homeland Security (BHS)
facility that is proposed for the Three Mile
area as she feels it is bringing risk to the
community. Ms. Beaudet questioned if the
building permit for BHS can be suspended until a
hearing is held. Ms. Beaudet said there is risk
to fish in the river and BHS will have a system
called a High Altitude Research Project (HARP)
and it controls systems for smart bombs. Ms.
Beaudet said this frequency is dangerous to
animals and she lives in that same location
until a matter is settled on another place.
Millions and millions of birds have dropped from
the sky worldwide and people feel this is
connected to the HARP System in Commissioner Dinning
informed Ms. Beaudet that Commissioners have no
ability to do anything as she hadn’t been
scheduled on the agenda, but Commissioners would
most likely be against what Ms. Beaudet is
approaching them about. Commissioner Dinning
said he doesn’t think there is going to be any
legal thing the County can do. National security
must rise to a level above a lot of things,
according to Commissioner Dinning. Ms. Beaudet
inquired about a County building permit for BHS
and Commissioner Dinning said if BHS meets all
criteria then their permit would be approved.
Ms. Beaudet said there should be a public
hearing when the matter endangers the welfare of
residents and animals of the community and the
Commissioners should not do something that is
not in the best interest of the community.
Commissioner Dinning said the Kootenai Tribe is
in charge of the recovery of fish and if the
Tribe felt there was something to this, they
would have contacted the appropriate party. Ms.
Beaudet scheduled to meet with Commissioners at Ms. Beaudet left the
meeting at Ms. Brown explained that
during the month, her staff makes sure whatever
court ordered process a probationer needs is
done on time and if not, this employee writes an
affidavit to the court and the probationer is
brought in. Ms. Brown said of all the counties
she has spoken to, Ms. Brown said her Juvenile
Probation officer is leaving for The meeting with Ms. Brown
ended at Commissioners tended to administrative duties. Commissioner Kirby moved to approve the new Senior Bus Agreement regarding the 2011 Starcraft Starlite Passenger Bus, VIN #1FDEE3FL9BDA63289, subject to receiving the new agreement from the County’s attorney. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously. There being no further
business, the meeting adjourned at
/s/ RONALD R. SMITH, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser,
Deputy |