***Monday, March 05, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

Blue Sky Broadcasting Reporter Mike Brown was present at the meetings throughout the day.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. No written report was given.

Chairman Smith said Commissioners reviewed the asphalt bid information last week. Western States Asphalt submitted a bid for $582 per ton for up to 600 tons of CMS-2P for a total amount bid of $349,200 along with a bid bond for 5% of the total amount bid. The second bidder was Idaho Asphalt Supply who submitted a bid of $611 per ton for up to 600 tons of CMS-2P for a total amount bid of $366,600 also with a bid bond for 5% of the total amount bid.

Chairman Smith said he asked Ms. Nelson to review delivery and other criteria that would have an affect on the total amount bid. Mr. Gutshall said he contacted Attorney Robinson to ask about details such as if not as much material is needed and Attorney Robinson said that was within the scope. Chairman Smith said the bidders could be under the impression that the maximum amount of material would be purchased, but how would they feel if only half of that amount was purchased. Mr. Gutshall said that was his concern, but that possibility was expressed in the bid documents. Mr. Gutshall mentioned Attorney Robinson said documents state bidding is by the ton and this is only an estimate as stated in the paperwork.

Commissioner Kirby moved to accept the bid of $349,200 from Western States Materials for up to 600 tons of CMS-2P for asphalt petroleum products upon the recommendation of the Road and Bridge Superintendent. Commissioner Dinning second. Motion passed unanimously.  

This is $17 more than last year’s cost, according to Mr. Gutshall. Mr. Gutshall said part of how much is purchased is based on the City of Bonners Ferry’s use as well. Mr. Gutshall said he does have budget for this.

Mr. Gutshall said he is being cautiously optimistic about the weather. The Road and Bridge crew is working on the crusher. Road and Bridge did not have to use a lot of materials such as sand on the roads this winter so far. Mr. Gutshall said he wonders about the last Secure Rural Schools (SRS) funding, but he believes Clerk Glenda Poston is checking on that. Mr. Gutshall said he has two projects waiting for these funds so he has been putting those off.

Commissioners and Mr. Gutshall discussed the Myrtle Creek Project and Mr. Gutshall said this project has been scheduled and funded, however funding for construction is year 2017 and that is not unusual for a bridge. Those present discussed work needed on the Meadow Creek Bridge.

Commissioners and Mr. Gutshall discussed Road and Bridge night crew being stopped by Border Patrol agents and being questioned why they were driving all over the north end of the county. Mr. Gutshall said his employees have been stopped by Border Patrol four different times and once while driving the county sand truck. The county logo is on the vehicles when they are stopped, according to Mr. Gutshall.

The meeting with Mr. Gutshall ended at 9:30 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 9:35 a.m.

Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 9:40 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to write off indigent account #2003-3 in the principal amount $15,841.02 plus all interest due to it is past the statutory time limit to collect. Commissioner Kirby second. Motion passed unanimously.  

Commissioner Dinning moved to set reimbursement on indigent #2011-48 at a minimum of $100 per month to be paid during the months of May through October of each year. Payment in any amount may be made in the months of November through April each year when possible. Commissioner Kirby second. Motion passed unanimously.     

Commissioner Dinning moved to approve indigent application #2012-15 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to deny indigent application #2012-13 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

Deputy Clerk Nancy Ryals left the meeting.

9:50 a.m., Commissioners contacted Attorney Robinson via telephone.

Commissioner Dinning moved to go into executive session under Idaho Code #67-345(1)f. To communicate with legal counsel for the public agency to discus the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 10:10 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

10:10 a.m., Clerk Glenda Poston, Sheriff Greg Sprungl, Sheriff’s Office Administrative Deputy Crystal Denton, Chief Deputy Clerk Tracie Isaac, Planning and Zoning Administrator/County Public Information Officer Mike Weland, and Deputy Clerk Nancy Ryals joined the meeting.

Chairman Smith said funds from the Sheriff’s Office are not being brought over to the Clerk’s Office as often as they should. The concern is why these funds can’t be brought over once per week. Sheriff Sprungl said his office will make an effort to do that.

Chairman Smith said the other issue concerns medical billing. Chairman Smith asked if the Sheriff’s Office is currently billing for indigent inmates. Ms. Denton said yes when the Sheriff’s Office is able to. Deputy Clerk Nancy Ryals said the only involvement she has is converting the charges to the Medicaid rate when the bills are brought over. It was said for clarification in regards to inmate indigency, Idaho Code says the Sheriff’s Office determines indigency. There is a form being used by the Sheriff’s Office to determine indigency. Ms. Denton said if an inmate has insurance, the insurance company can be billed. Ms. Denton said she has only seen one medical insurance card since she has started working at the Sheriff’s Office. Tribal will not cover medical on an inmate’s insurance, according to Ms. Denton. The inmate will get billed and they deal with their insurance. Sometimes Boundary Community Hospital will bill the inmate’s insurance and then bill the Sheriff’s Office for the copay. Clerk Poston suggested contacting Attorney Robinson to look into the ability of recouping fees. Commissioner Dinning asked if that is also saying people with insurance should also go through a legal action for payment. Clerk Poston said as of last October the county has spent $36,000 and has only been reimbursed $114. Deputy Clerk Ryals said the Hospital bills insurance and also bills for the difference, but due to the Medicaid rate there is usually no difference to pay.

Ms. Denton said a large portion of that $36,000 is for two inmates. Deputy Clerk Ryals said the Catastrophic Health Care Cost Program (CAT) Board will not accept bills for inmates any longer.  Sheriff Sprungl said most of the time the relative of an inmate will bring in a small amount of funds for the commissary account. Clerk Poston said the county has $20,000 in the budget for the Sheriff’s inmate medical to run through September and $36,000 has been spent. The amount budgeted overall was $56,000. Chairman Smith said when the county gets to the month of September and more was spent in that line item, but the other two line items have not been over spent, they will take care of the line item that has been over spent. Commissioner Dinning asked if this is an unusual year and those present discussed another case with bills pending. Commissioner Dinning said the Medicaid rate depends on the hospital. Chairman Smith said this is a situation that is beyond anyone’s control and he wondered if there was some way through the courts to go after inmates. Commissioner Dinning said for these larger issues, do these inmates who are indigent have other resources.

Chairman Smith said when he had been Sheriff he received a call that an inmate needed a prescription and the question was does the inmate have any money of their own and the inmate’s funds were used. Chairman Smith said he then got a phone call from the prosecutor telling him the Sheriff’s Office couldn’t do that and the funds had to be returned. Sheriff Sprungl said a lot of people are spending time in jail for days because they couldn’t pay their fines. Deputy Clerk Ryals said inmates who are granted public defenders are technically indigent and the county can’t bill them. Ms. Denton said if an inmate is not considered indigent and someone brings money for them, the jail takes a percentage into receipt books before the remaining goes into commissary. Clerk Poston said she will contact Attorney Robinson to ask about pursuing reimbursement through the court. Ms. Denton said she doesn’t think medical can be billed until the person is sentenced, but that is something to ask Attorney Robinson.

The meeting with Clerk Poston, Chief Deputy Clerk Isaac, Deputy Clerk Ryals, Sheriff Sprungl, Administrative Deputy Crystal Denton, and Mr. Weland ended at 10:25 a.m.

10:30 a.m., Treasurer Jenny Fessler joined the meeting briefly at Commissioners’ request to discuss a delinquent tax matter.

Commissioner Dinning moved to grant an extension of time to pay taxes for year 2008 for parcel #RPB00000226632A until June 1, 2012 otherwise the tax deed process will begin. Commissioner Kirby second. Motion passed unanimously.

Treasurer Fessler left the meeting at 10:40 a.m.

10:40 a.m., Commissioners contacted Attorney Phil Robinson via telephone.

Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1)f. To communicate with legal counsel for the public agency to discus the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 11:00 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to sign the Idaho Department of Lands, Bureau of Fire Management, Boundary County ARRA Stimulus II Hazardous Fuels Treatment Project Memorandum of Understanding for Grant #09 ARRA 14. Commissioner Dinning second. Motion passed unanimously.

11:15 a.m., Commissioners considered a hardship exemption on a mobile home owned by Tod Navarro, parcel #MH61N01E31120BA. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Treasurer Jenny Fessler, and Applicant Tod Navarro. The proceedings were recorded.

Chairman Smith administered the oath to Mr. Navarro. Mr. Navarro said he would just like help with his delinquent taxes. Chairman Smith said it looks like this could be a tax deed situation. Chairman Smith said if year 2008 taxes for the land are excused, Mr. Navarro will be notified of delinquent 2009 taxes also for the land this October. Commissioner Dinning said the County doesn’t have the ability to cancel the real property taxes until they are a minimum of three years late.

Commissioner Dinning moved to grant a hardship exemption for parcel #MH61N01E31120BA and cancel year 2011 taxes in the amount of approximately $153.00 plus penalty and interest. This total amount may increase due to penalty and interest costs, but the overall total amount is to be cancelled for year 2011. Commissioner Kirby second. Motion passed unanimously.

Chairman Smith informed Mr. Navarro the cancellation is for the mobile home only and he would need to address the real property taxes at a separate time. Treasurer Fessler informed Mr. Navarro of the circuit breaker exemption and Mr. Navarro said he just filed for that exemption today.

The hardship exemption for parcel #MH61N01E31120BA ended at 11:20 a.m.

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

***Tuesday, March 6, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. Commissioner Dan Dinning was attending the Idaho Association of Counties legislative conference in Boise.

9:00 a.m., Solid Waste Superintendent Claine Skeen joined the meeting to give the departmental report. City of Bonners Ferry City Council member Tom Mayo also joined the meeting.

Mr. Skeen said the City has completed a recycle survey that they will present at tonight’s City council meeting so he is planning to attend. Mr. Skeen said he heard there will be a fee increase for city residents. Mr. Skeen said he is still doing a recycle day the first Wednesday of every month at the Safeway location and although there has been a decrease in the amount of recycling at this site, he will not stop the recycle day until he hears information given at tonight’s meeting. Mr. Skeen said he has been impressed as the materials recycled within the city sites have been very clean.

Mr. Skeen and Commissioners discussed the cost of hauling recyclables out of town. Hauling a truck load to Spokane Recycling once a week costs one penny per pound. The transportation is brokered out through Waste Management, according to Mr. Skeen. Mr. Skeen said he has spoken to George Shutes with the local Idaho Transportation Department about putting another site to the east by the old gravel pit and the look out. Mr. Shutes said he would speak to his supervisor about it.

Mr. Skeen said in speaking with the School District, they provide on average 569 breakfasts to students every morning. Plastic cereal bowls are used and the district would like to recycle them, but not rinse them out. Mr. Skeen said he would like to touch base with the school district to talk about this. For lunch 755 plastic lunch trays are used, but these trays are reused. The school is already working with the private hauler so there wouldn’t need to be a new system with the cereal bowls.

Mr. Skeen discussed recycling within the City of Bonners Ferry again and said the county’s recycling load collected at Safeway has decreased by half. Mr. Mayo said he didn’t know the recycling system would cost as much as it did when the City started their program. Mr. Skeen said the arrangement with Safeway could be considered as free education as they have a county employee there to answer questions or direct people. Mr. Skeen said he’s been back working for the county for three years now and says the county is still at stage 1.

Mr. Skeen spoke of the recycling system and its benefits. Those present discussed costs to city residents and county residents. Mr. Mayo said the people who care enough to recycle will and those who don’t care won’t. Mr. Skeen said the more time a band aid is put on this situation the more items are going into the landfill. Mr. Skeen said the percentage of people who have switched to some form of recycling is high. Mr. Skeen said Boundary County has come a long way and has made the attempt, but to start charging now, bothers him. Chairman Smith said he used to get discouraged when he would go to the landfill and see a cardboard box full of garbage in the hole when the box could be recycled, but now landfill employees will monitor and catch the recyclables if at all possible. Mr. Mayo said that is because of the leadership.

The meeting with Mr. Skeen and Mr. Mayo ended at 9:40 a.m.

Commissioners tended to administrative duties.

10:00 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the departmental report. Ms. Brown said she’s going to the Idaho Juvenile Justice Association (IJJA) meeting and adult misdemeanor probation has been invited as well. The meeting is this Thursday and will be held in Boise. Ms. Brown said she has turned in paperwork for the Juvenile Accountability Block Grant (JABG) grant and she expects funds in the next week.

Ms. Brown has contacted the local post master about acquiring additional office space once the Border Patrol relocates and at this point someone from the postal service is still supposed to get back with her, but no one sees any problems with getting the extra rooms.

Ms. Brown informed Commissioners that Bonner County Detention Director Debbie Stallcup is hosting an open house for the new Bonner County Detention Facility.

The meeting with Ms. Brown ended at 10:10 a.m.

Chairman Smith conducted the quarterly jail inspection of the Boundary County Jail.

Commissioners tended to administrative duties.

11:00 a.m., Kurt Pavlat, Coeur d’ Alene Field Manager with the Bureau of Land Management (BLM) met with Commissioners to provide an update on BLM matters.

Mr. Pavlat and Commissioners discussed hazardous fuels treatment funding and Mr. Pavlat said one year funding can be bone dry, but the next year a lot of money is available and that is what is happening this year. An amount of $60,000 has been received and will be split up amongst the five northern counties. The amount of funding depends on need so the BLM will review the details, according to Mr. Pavlat. Chairman Smith explained the work involved with the Fire Safe Program is mainly wildland urban interface (WUI) related and it is working well. Chairman Smith said the county always wants to have projects ready and these projects are discussed at the WUI meetings.

Mr. Pavlat reviewed a list of projects the BLM is involved in and mentioned a thinning project along the Kootenai Bench that will be coming up. Another project is the Kootenai River Restoration, but the BLM has only had a small part in that, according to Mr. Pavlat. Mr. Pavlat said the BLM owns two hideaway islands that are weed infested so the BLM will work on that and help out where they can. 

Commissioners and Mr. Pavlat discussed the caribou critical habitat issue. Mr. Pavlat said the BLM is not very involved in this, but the proposed designation includes approximately 231 acres of BLM ground between Fisher Creek and Parker Creek. Chairman Smith discussed the steps the County will take in the caribou critical habitat issue. Chairman Smith asked if the BLM would submit a comment letter on the caribou issue and Mr. Pavlat said they would look at doing that. Mr. Pavlat said Wayne Wakkinen, best population biologist on the Woodland Caribou, supposedly wasn’t even consulted and that is very telling and odd. Mr. Pavlat said the BLM has a biologist in their office and this person heard that caribou like to be at an elevation of 4,000 feet, but supposedly caribou spend most of their time 500 feet above that.

Mr. Pavlat said the hazardous fuels budget is a roll of the dice, but this year it’s fairly robust. In the big picture the budget is dropping and his office staff has gone from 19 to 15 employees.

Mr. Pavlat said he wanted to give a “thank you” for Commissioner Dan Dinning’s participation in the Resource Advisory Committee (RAC) matters.  

The meeting with Mr. Pavlat ended at 11:30 a.m.

Commissioners recessed for lunch at 11:30 a.m.

3:00 p.m., Commissioners reconvened for the afternoon session with Commissioner Kirby and Commissioner Dinning participating via telephone. Chairman Ron Smith was out of the office to attend a meeting in Boise.  

3:00 p.m., Commissioners participated in the District 1 legislative conference call with Treasurer Jenny Fessler, Assessor Dave Ryals and members of the Idaho Association of Counties. Those participating in the conference call reviewed legislation as contained in the Idaho Association of Counties Legislative Bulletin #6 dated March 5, 2012. The conference call ended at 3:35 p.m.

There being no further business, the meeting adjourned at 3:35 p.m.

                                                            /s/

                                                            RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk