Commissioners minutes, January 16-17

February 1, 2012

Monday, January 16, 2012, Commissioners did not meet due to the Human Right’s Day Holiday. Tuesday, January 17, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby and Deputy Clerk Michelle Rohrwasser. Commissioner Dinning moved to amend the agenda for today at 11:30 a.m., to include a matter accepting a vehicle quote received for the Sheriff’s Office as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to approve the minutes of January 9 & 10, 2012. Commissioner Kirby second. Motion passed unanimously. 11:30 a.m., Chief Deputy Sheriff Rich Stephens joined the meeting to discuss Sheriff’s Office employee vacation hours. Chairman Smith reviewed the amount of vacation hours and compensatory hours allowed to be carried into the following year. Personnel Director Tracie Isaac joined the meeting at 11:35 a.m. Chairman Smith asked Personnel Director Tracie Isaac if she has taken any extra hours away from employees who have carried too many hours over. Personnel Director Tracie Isaac said not yet as the employees have until the end of December 2011 to use those hours. Chairman Smith said the holiday hours are to be used in the month they are accrued, but sometimes the offices with 24 hours coverage are not able to allow employees the time off. Commissioner Dinning said Commissioners work with the Road and Bridge Department on this matter as winter is their busy season. Personnel Director Tracie Isaac said Road and Bridge employees are allowed to carry those extra hours over until March. Chief Deputy Sheriff Stephens asked if the Sheriff’s Office employees could have until the end of March to use up that additional time. Chairman Smith said for him to be in favor of the extension, if by March 31st those hours haven’t been used, Personnel Director Tracie Isaac will need to cut the additional hours remaining. Commissioner Dinning asked Chief Deputy Sheriff Stephens if the given amount of time is really doable for the Sheriff’s Office and Chief Deputy Sheriff Stephens said he thinks it is workable. Chairman Smith suggested Sheriff Sprungl take a look at the hours employees have accrued by September to check status at that time. Commissioner Dinning moved to grant an extension of time until March 31, 2012 for Sheriff’s Office employees to use up additional days off. Commissioner Kirby second. Motion passed unanimously. Personnel Director Tracie Isaac left the meeting at 11:40 a.m. Chief Deputy Sheriff Rich Stephens presented Commissioners with quotes for a new vehicle for the Sheriff’s Office. Chief Deputy Sheriff Stephens said the Sheriff’s Office contacted four dealers, but only two dealers responded. Taylor & Sons Chevrolet, Bud Clary Auto Group, Dave Smith Motors, and Knudtsen Chevrolet were contacted, but only Taylor & Sons Chevrolet and Bud Clary Auto Group responded. The quote received from Taylor & Sons Chevrolet for a 2012 Chevy Tahoe Special Service Vehicle was $29,468.75 and the quote from Bud Clary Auto Group for a 2012 Chevrolet Tahoe was $29,627. Commissioner Dinning asked about quotes from Riverside Auto and Chief Deputy Stephens said Riverside Auto is not able to submit a quote for what was being requested. Commissioner Dinning moved to accept the quote from Taylor & Sons Chevrolet for a 2012 Chevrolet Tahoe Special Service Vehicle at a cost of $29,468.75. Commissioner Kirby second. Motion passed unanimously. Chief Deputy Sheriff Rich Stephens left the meeting at 11:50 a.m. Commissioners recessed for lunch at 12:00 p.m. 1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Smith, Commissioner Dinning, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser. Commissioner Dinning moved to cancel 2011 year taxes totaling $150.64, late fees totaling $1.51, plus interest for parcel #MHM0130000024UA. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to cancel value totaling $136,040 and taxes totaling $1,264.54 for year 2011 for parcel #RP61N01E190961A in the name of Cowart Living Trust due to the Idaho Board of Tax Appeals decision. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to adopt Resolution 2012-8. A resolution to increase Current Expense Commissioners’ budget due to receipt of unanticipated funds. Commissioner Kirby second. Motion passed unanimously. Resolution 2012-8 reads as follows: RESOLUTION 2012-8 INCREASE CURRENT EXPENSE COMMISSIONERS BUDGET DUE TO RECEIPT OF UNANTICIPATED FUNDS WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Current Expense Commissioners Fund for fiscal year 2011-2012, and WHEREAS, $421.65 has been received from the State of Idaho Office of Species Conservation as reimbursement for travel expenses for Commissioner Dan Dinning to attend an Idaho Roadless Rule Meeting in Boise on November 29, 2011 and November 30, 2011; and WHEREAS, the Current Expense Commissioners Fund for fiscal year 2011-2012 is in need of this additional revenue; and WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and WHEREAS, it is appropriate to increase the Current Expense Fund Revenue Account Number 01-00-391-81 in the amount of $421.65 and the Current Expense Commissioners Expense Account Number 01-05-439, Travel - Other, in the amount of $421.65. NOW THEREFORE, upon motion duly made, seconded and unanimously carried, IT IS RESOLVED that the increase in the Current Expense Fund Revenue Account Number 01-00-391-81 in the amount of $421.65 and the Current Expense Commissioners Expense Account Number 01-05-439, Travel - Other, in the amount of $421.65 is hereby authorized and ordered; and IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor. DATED this 17th day of January, 2012 COUNTY OF BOUNDARY BOARD OF COUNTY COMMISSIONERS s/________________________________ RONALD R. SMITH, Chairman s/________________________________ DAN R. DINNING, Commissioner s/________________________________ WALT KIRBY, Commissioner ATTEST: s/_____________________________________________________ GLENDA POSTON, Clerk of the Board of County Commissioners Recorded as instrument #252893 1:55 p.m., Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 1:56 p.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to sign the approval for non-medical assistance for indigent #2012-10. Commissioner Kirby second. Motion passed unanimously. 2:00 p.m., Blue Sky Broadcasting News Reporter Mike Brown and County resident Bruce Whittaker joined the meeting. Chairman Smith spoke on the matter of the Caribou Critical Habitat and of adopting a resolution on coordination. Chairman Smith said the resolution Commissioners plan to adopt has been reviewed and approved by the county civil attorney, Phil Robinson. Chairman Smith reviewed the cover letter to accompany the resolution that will be mailed to the U.S. Fish and Wildlife Service. Commissioner Dinning moved to adopt resolution 2012-9. A resolution approving Boundary County’s participation in the coordination process on the matter of Caribou Critical Habitat. Commissioner Kirby second. Motion passed unanimously. Resolution #2012-9 reads as follows: RESOLUTION 2012-9 BOUNDARY COUNTY COORDINATION WHEREAS Boundary County is a unit of local government in the State of Idaho; and WHEREAS Boundary County is therefore entitled to engage in the coordination process with all federal agencies as mandated by Congress; and WHEREAS Boundary County exercises the local police powers to protect public health, safety and welfare reserved to the States and to the People under the Tenth Amendment to the United States Constitution; and WHEREAS the proper exercise of those reserved powers requires that all federal agencies engage in the coordination process with this County; and WHEREAS the statutes of the State of Idaho require that state agencies engage in coordination with Counties, and the protection of the public health, safety and welfare of the people of Boundary County requires engagement in such coordination. NOW THEREFORE, it is hereby resolved that Boundary County establishes the policy that it will engage in the coordination process with all federal agencies and with all state agencies; IT IS FURTHER RESOLVED that since Congress defined the coordination process in the Federal Land Policy Management Act, and the United States Supreme Court has ruled that when Congress defines a term, the term means the same in any statute that is in pari-materia, it is the policy of this County that it will engage in the coordination process as defined by Congress in FLPMA. Duly approved this 17th day of January, 2012. BOUNDARY COUNTY COMMISSIONERS s/_________________________________ Ronald R. Smith, Chairman s/_________________________________ Dan R. Dinning, Commissioner s/__________________________________ Walt Kirby, Commissioner ATTEST: GLENDA POSTON, Clerk By:s/____________________________________ Deputy Clerk Recorded as instrument #252891 Commissioner Dinning moved to sign the letter to U.S. Fish and Wildlife Service that will accompany Resolution 2012-9. Commissioner Kirby second. Motion passed unanimously. Bruce Whittaker explained his thoughts of the Kootenai Valley Resource Initiative (KVRI) meeting where the matter of Caribou Critical Habitat was discussed and he offered his assistance to Commissioners in any way he could. Mr. Whittaker informed Commissioners that he could provide a thesis on this matter that had been written by someone in Canada. Mr. Whittaker said caribou prefer old growth forests. The bottom line is that people don’t really know what is definitive to generate caribou. There are differences between the Mountain Caribou, the Tundra Caribou, and the Woodland Caribou and DNA testing was done, according to Mr. Whittaker. The Mountain Caribou was genus of a species created with another and it stayed in some of the central and southern ranges of Alberta, Canada. Mr. Whittaker questioned if US Fish and Wildlife Service is trying to bring in the Woodland Caribou or are they bringing in the Mountain Caribou. Mr. Whittaker said the Woodland Caribou were brought in the first time. Mr. Whittaker briefly referred to Paul Flynn’s attempts involving Idaho Fish and Game in years 1955 and 1956 and he added that he’s looking for the report for what is being done in the Continental Mine. Commissioner Dinning said his understanding is that all these years up until two years ago, the public has been told there is a genetic difference between the Woodland and Mountain Caribou. A biologist who has since retired was asked if the caribou are genetically different and the biologist said they were not. Mr. Whittaker said he will look for that report on Caribou genetics. The Mountain caribou has specific genes from both, but is still different. It is said there is no interaction with the Selkirk herd or any other herd. Mr. Whittaker said the only studies he found were from year 1992 to year 2000 so that is still talking 10 to 20 years old. Canada doesn’t lock up tracks and tracks of ground, but instead they educate people and manage, according to Mr. Whittaker. Mr. Whittaker spoke of an article written about wildlife corridors. If a corridor can be established from one area to another then it will be done and that is how government ties up the ground. Commissioner Dinning said the western governors have adopted the corridors. Mr. Whittaker asked about a proposed gate going in at Katka at the end of the county road. Mr. Whittaker suggested asking the District Forest Ranger if a gate is planned. Mr. Whittaker reiterated that he is available to help Commissioners on the matter of Caribou if they want. Commissioner Dinning said the county has screamed and yelled for 20 years and people are using this for political advantages, but something has to hold up in court. Commissioner Dinning and Mr. Whittaker said they would like to see an overlay of the Sundance and Trapper fires. These fires destroyed thousands of old growth timber, which would be a big majority of habitat for caribou. Commissioner Dinning described what areas were burned in the Trapper fire. Mr. Whittaker said the fires isolated the herds north of that area as caribou don’t like to cross that type of ground. The good quality habitat is extremely isolated. It was said there is a whole myriad of things that need to be looked at scientifically. Mr. Whittaker said another thing is when you travel to the Salmo area in Canada, there are thousands of acres of privately owned ground. Mr. Whittaker said he finds it interesting the farther you are along Salmo Pass and Kootenay Lake, the higher altitude is where the animals are at. Commissioner Dinning explained KVRI and said the meetings are open to the public. This last meeting was not to accept public comment, but to get information. Mr. Whittaker said we need to concentrate on caribou first, and then work on wolves, but he feels we’re stuck with grizzly bear as they’ve always been here. Commissioner Dinning explained the grizzly bear DNA study. Mr. Whittaker said you can’t base a study on an augmented herd as the study would be flawed. This is also looking at climate change as the animals will go to where the food is at. Mr. Whittaker explained that certain types of caribou don’t like to cross the water. It was said Commissioners have requested a public meeting prior to a hearing for the purpose of engaging in conversation. The US Fish and Wildlife Service owes it to the community to answer questions, but the questions need to be asked respectfully or there will be total chaos. Mr. Whittaker said meetings have to be structured somehow. One question to ask the US Fish and Wildlife Service up front is how they can provide a study on an augmented herd. Mr. Whittaker left the meeting at 3:00 p.m. Commissioner Dinning moved to authorize the Chairman to sign the Fire Mitigation Project Management, Professional Services Contract – Amendment #14 with Inland Forest Management for the period ending December 31, 2012. Commissioner Kirby second. Motion passed unanimously. 3:00 p.m., Mike Woodward, Denny Wedel of BF Builders, and Mike Naumann joined the meeting to discuss the status of the Waterways Building addition. Chairman Smith said Mr. Woodward became a short-term Boundary County employee for the purpose of drafting plans as a result of updated codes. Those present discussed funds involved. Mr. Naumann said he is short approximately $5,500. Mr. Woodward said his portion of the work was between $900 and $1,000. Commissioners asked how much the permit was going to cost and Mr. Naumann said the permit is a percentage of the total amount of the project. Mr. Woodward said the permit would be approximately $700. Chairman Smith asked if there is a possibility to obtain more funds through the grant. Mr. Naumann said he could write a letter to the grant organization. Mr. Naumann questioned making the addition smaller. Commissioner Dinning suggested Commissioners approach the City of Bonners Ferry to ask if the fee can be waived, then have Mr. Naumann ask the granting agency if they will lend more funds due to overruns and follow it up with a meeting with Commissioners to determine the costs. Mr. Wedel said he wants to be fair if Commissioners need to rebid. Commissioner Dinning said this is in essence a change order so if the County can make this work with BF builders, that is the preferred way. Commissioner Dinning asked Mr. Naumann about his budget. Mr. Naumann said his last budget was used up, but there is this budget, which is up to $15,000. It was said that half of the $15,000 is probably ear marked. Chairman Smith said the Idaho Department of Parks and Recreation needs to be contacted to see if they will grant more funds. Mr. Wedel said he followed the blue print to base the additional cost. Woodward explained the new building codes the City of Bonners Ferry has adopted. Mr. Woodward said the end of the building was designed to only carry the bay that is there now so this will be holding more weight. Those present asked about not putting in a concrete floor. Mr. Wedel estimated $5,000 would be freed up by not putting in a concrete floor. Mr. Wedel said he will need to figure out costs of the project with a concrete floor and without a concrete floor based on the new engineered drawings. Chairman Smith said to also get costs for Mr. Woodward’s work and the building permit fee and whatever that comes to will determine how much the project is still short. Commissioners asked Mr. Woodward and Mr. Wedel if this is the right track to go down and they said yes. Mr. Wedel suggested Mr. Naumann step into the storage building behind the Restorium in order to understand the building requirements. The meeting with Mr. Woodward, Mr. Naumann, and Mr. Wedel ended at 3:25 a.m. There being no further business, the meeting adjourned at 3:30 p.m. /s/ RONALD R. SMITH, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Clerk