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***Monday,
October 01, 2012, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall joined the meeting
to give the departmental report. Mr. Gutshall
presented a written report.
Mr. Gutshall said work in
District 5 is ongoing and he will try to finish
rocking this road as soon as possible so it’s
done and people can drive on that stretch
although there will still be work at each end.
Mr. Gutshall spoke of the
work for the emergency project on Deep Creek
Loop near the golf course. Mr. Gutshall
mentioned every year $200,000 is saved for Local
Rural Highway Investment Program (LHRIP)
emergency projects so he is going to submit an
application for that. There will be an attempt
to dewater that entire hillside prior to
rebuilding and paving of that area.
Mr. Gutshall said he met
with City of Bonners Ferry
representatives about the waterline project at
Riverside
Park and he is to meet with them
again today.
Clerk Glenda Poston joined
the meeting at
9:15 a.m.
Mr. Gutshall said he
wondered if the Parks and Recreation Board had a
problem with the waterline going down the road,
etc.
Mr. Gutshall spoke of
moving the excavator to work on the Paradise
Valley Hill.
Mr. Gutshall discussed the
bridge work for Deep
Creek
Bridge #4, upcoming work on Lion’s
Den Road and the next
couple of week’s worth of work on District 5
Road.
Mr. Gutshall explained his
winter work strategy to Commissioners. Last year
Road and Bridge provided seven days per week
coverage, but coverage over the weekend was
light. Mr. Gutshall said he had a different plan
for this year by possibly having two, six men
crews and he and Assistant Superintendent Ken
Arthur will alternate their schedules for this.
Mr. Gutshall said this winter schedule is better
because every day they work there will be six
people in addition to someone in the office.
There will be a Road and Bridge employee at each
of the plow areas. Mr. Gutshall said for the
employees that are off for those three days, two
of them will be on call as there won’t be a
night shift.
Commissioner Dinning said
this sounds like it could reduce overtime. Mr.
Gutshall said since he and Mr. Arthur will be
involved this could help manage fuel better.
Commissioner Dinning said if it snows on a
Sunday, school buses should be able to get out.
Mr. Gutshall said yes, because crews will have
been out. Mr. Arthur’s work truck is going to be
fitted with a snowplow and will be used seven
days a week. Mr. Gutshall said this pickup truck
will be used at the intersections of county
roads and state highways as this type of truck
shifts faster than the larger trucks. Mr.
Gutshall said it takes longer for a larger truck
to clear the smaller road intersections, so if
you have a pickup with an automatic transmission
its a lot quicker.
Commissioner Dinning moved
to authorize the Chairman to sign the Idaho
Transportation Department, Local Professional
Services Agreement, Agreement #8268, for project
name STC-5907 Deep Creek Bridge #4, Project
Number #BR-5907(100), Key Number 08772.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to amend the agenda for
9:00 a.m., Tuesday, October 2, 2012 to sign the
2013 Local Highway
Technical Assistance Council (LHTAC) emergency
funds application for Deep Creek Loop as it is
time sensitive. Commissioner Kirby second.
Motion passed unanimously.
Mr. Gutshall questioned
unanticipated revenue for purchasing. Clerk
Poston said if Road and Bridge received funds
that are unanticipated, a resolution can be
adopted. Mr. Gutshall explained there is a piece
of equipment at a cost of approximately $40,000,
but he is also looking at trading in a grader.
The grader is at the five year mark and Mr.
Gutshall said he may be able to get a good deal
on an excavator.
The meeting with Mr.
Gutshall and Clerk Poston ended at
9:30 a.m.
Commissioners signed year
end claims for payment. Fund totals are as
follows:
Current Expense
$38,734.30
Road & Bridge
16,216.30
Airport
4,988.16
Ambulance
8,000.00
District Court
5,501.16
Justice Fund
62,270.15
911 Funds
955.29
Parks and Recreation
4,368.84
Revaluation
405.96
Solid Waste
11,849.23
Tort
1,000.00
Veterans Memorial
25.53
Weeds
609.01
County
EMS
5,700.00
Restorium
44,147.60
Waterways
7,485.02
Grant, Airport
6,575.76
Grant, Emergency
Communication
1,031.48
TOTAL
$219,863.79
Citizens are invited to
inspect detailed records on file in the
Courthouse (individual claims & Commissioners’
allowance & warrant register record 2012.
Commissioner Dinning moved
to sign the Agreement for Shelter Services with
Second Chance Animal Adoption for fiscal year
2012-2013 for the same terms of $666.67 per
month for a total of $8,000 for the year.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to sign the Idaho Department of Lands Memorandum
of Understanding for the grant of $75,000 for
hazardous fuels treatment. Commissioner Kirby
second. Motion passed unanimously.
9:40 a.m., Commissioners
considered the 2012 County Alcoholic Beverage
License Application for Kevin McLeish and
Jennifer McLeish doing business as 505 Steak and
Sushi to sell bottled, draught and canned beer
and wine by the drink to be consumed on or off
premises. Present were: Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser. The
proceedings were recorded.
The application and
applicable fees have been received.
Commissioners have yet to receive the 2012
Panhandle Health District Permit and the 2012
State of Idaho Retail
Alcohol Beverage License.
Commissioner Dinning moved
to approve the 2012 County Alcoholic Beverage
License Application for Kevin McLeish and
Jennifer McLeish doing business as 505 Steak and
Sushi to sell bottled, draught and canned beer
and wine by the drink on or off premises pending
receipt of the 2012 Panhandle Health District
Permit and the 2012 State of
Idaho Retail Alcohol Beverage License.
Commissioner Kirby second. Motion passed
unanimously.
The proceedings ended at 9:41 a.m.
Commissioner Dinning moved
to go into executive session under Idaho Code
#67-2345(1)b, to consider the evaluation,
dismissal or disciplining of, or to hear
complaints or charges brought against, a public
officer, employee, staff member or individual
agent, or public school student. Commissioner
Kirby second. Motion passed unanimously.
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. Motion passed
unanimously.
10:15 a.m., Chief Deputy Treasurer
Sue Larson joined the meeting at Commissioners’
request.
Commissioners addressed the
request to grant an extension of time to pay the
2009 taxes.
Commissioner Dinning moved
to grant an extension of time to pay year 2009
taxes on parcels #RPB00000226633A and
#RPB00000226632A until
January 2, 2013. Commissioner Kirby
second. Motion passed unanimously.
Chief Deputy Treasurer
Larson left the meeting at
10:20 a.m.
Commissioners contacted
County Attorney Phil Robinson via telephone at
10:20 a.m.
Commissioners updated
Attorney Robinson on the matter involving the
Planning and Zoning Application #12-006 for a
zone map amendment for certain lots along the
Moyie
River. Commissioners said they had
wanted to check with Attorney Robinson’s
schedule before setting the continued date of
this hearing. Commissioners’ discussion of
setting this date was recorded.
Commissioner Dinning stated
the hearing was tabled until today only for the
purpose of reconvening to set a date to continue
the hearing.
Commissioner Dinning moved
to set the date of the continued public hearing
to consider Planning and Zoning Application
#12-006, for a zone map amendment for certain
lots along the Moyie
River until Monday, October 29, 2012 at 1:30 p.m. to be held in the Extension Office. Commissioner
Kirby second. Motion passed unanimously.
The hearing to set the date
to consider Planning and Zoning Application
#12-006 for a zone map amendment ended at
10:30 a.m.
Commissioner Dinning left
the meeting at
10:30 a.m., while Chairman Smith and
Commissioner Kirby discussed the appeal filed by
Patrick and Ada Gardiner and Brian and Sarah
Ferguson in regards to the proposed Tungsten
Holdings gravel pit.
Chairman Smith discussed
the process for the appeal filed by the
Gardiners and Fergusons as a result of the
latest Planning and Zoning Commission decision.
Attorney Robinson said to hold an appeal hearing
Commissioners have to determine if the appeal
has merit. It was said that allegations included
there not being enough time given for the
Gardiners to present their scientific evidence
and issues have been raised to entitle them to a
presentation and response from the Planning and
Zoning Commission. Attorney Robinson said it
would be wise for Commissioners to schedule the
appeal hearing. The allegations of procedural
defect are included in the record and will most
likely be a judicial matter and Attorney
Robinson suggested Commissioners consult with
Planning and Zoning Administrator Dan Studer.
Chairman Smith said in this
case only two Commissioners will be making the
decision. Attorney Robinson said it would be
unwise to make a unilateral decision that the
appeal has no merit.
Commissioners and Attorney
Robinson decided to continue the discussion of
the appeal until tomorrow at 10:15 a.m., when Planning and Zoning
Administrator Dan Studer can be present.
It was said this is just to
discuss setting a date for an appeal hearing or
meeting.
The telephone call with
Attorney Robinson ended at
10:50 a.m.
Deputy Clerk Nancy Ryals
joined the meeting at
10:50 a.m.
Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously.
10:51 a.m., Commissioner Dinning
moved to go out of closed session. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Dinning moved
to approve indigent applications #2012-21 and
#2012-26 as per the Clerk’s recommendation.
Commissioner Kirby second. Motion passed
unanimously.
Deputy Clerk Ryals left the
meeting at 10:56
a.m.
Sheriff Greg Sprungl
stopped by Commissioners’ Office to discuss
information from Idaho Counties Risk Management
Program (ICRMP) in regards to the Idaho
Sheriff’s Association (ISA) jail standards. If
jail facilities do not meet the jail standards,
ICRMP’s insurance coverage for the jail is
lowered to $500,000. It was said there are some
standards that
Boundary
County is getting docked for now and
Sheriff Sprungl clarified that had to do with
staffing and the facility. Commissioner Dinning
said if he heard right, ICRMP has signed off on
this. Commissioner Dinning said the Idaho
Association of Counties (IAC) at the management
level needs to be aware of this because this is
a mandate
Clerk Glenda Poston joined
the meeting at
11:00 a.m.
Commissioner Dinning asked
if IAC’s Board is aware of this and Clerk Poston
said yes, but she doesn’t think the IAC Board
has anything to do with it. The presentation on
this matter was given during the general session
of the annual IAC fall conference, according to
Clerk Poston.
These issues are already
listed in the standards, but this is ICRMP
taking a stand on eight standards, according to
Sheriff Sprungl. In addition to fines if the
standards are not met, insurance covered will be
decreased to $500,000. Sheriff Sprungl
questioned why this is tied to this budget as
budgets are already set.
The meeting with Clerk
Poston and Sheriff Sprungl ended at
11:15 a.m.
11:15 a.m., There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
October 2, 2012, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Solid Waste Superintendent
Claine Skeen joined the meeting to give the
departmental report. Mr. Skeen said for fiscal
year 2010-2011 approximately 426 tons of
materials were recycled. Mr. Skeen said he
doesn’t yet have all of the weight slips for
this year, but an average of 40 tons per month
of material has been recycled and that averages
out to 539 tons per year for fiscal year
2011-2012. The Solid Waste Department has ground
1,600 tons of wood waste last year and probably
approximately 2,000 tons this year.
Approximately 1,000 tons of metal has been
recycled and overall the recycling total is
approximately 35,000 tons.
Mr. Skeen said in fiscal
year 2007-2008, aluminum, cardboard, newspaper
and electronics were recycled at 1,700 tons. Mr.
Skeen said a lot more people are starting to
understand how the recycling system works.
The status of securing a
monitored dumpster/recycling site in Moyie
Springs was questioned and it was said there has
been no updates. Commissioner Dinning said he
would make contact with the state.
Mr. Skeen left the meeting
at 9:35 a.m.
Commissioner Dinning
informed Chairman Smith and Commissioner Kirby
that Bonner
County is going to declare an
ambulance surplus next week and donate it to
Boundary
County.
Commissioner Dinning moved
to authorize the Chairman to sign the Local
Highway Technical Assistance Council (LTAC),
Emergency Funds Application for 2013 for the
Deep Creek Loop Road Project. Commissioner Kirby
second. Motion passed unanimously.
There was no Restorium
Department Report for
9:30 a.m.
Clerk Glenda Poston joined
the meeting at
9:55 a.m.
9:55 a.m., Commissioner Dinning moved
to go into executive session under Idaho Code
#67-2345(1) b. To consider the evaluation,
dismissal, or disciplining of, or to hear
complaints or charges brought against, a public
officer, employee, staff member or individual
agent, or public school student. 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.
Commissioner Kirby moved to
approve the holiday memo as written on
October 1, 2012. Chairman Smith
yielded the chair to second. Commissioners voted
as follows: Chairman Smith “aye”, Commissioner
Dinning “nay”, and Commissioner Kirby “aye”.
Motion passed.
Commissioner Dinning said
it had been his understanding that when the
fiscal year 2012-2013 budget was adopted to
include a 3% cost of living increase the extra
holiday days off schedule was done away with.
Chairman Smith said he doesn’t understand that.
10:10
a.m., Chief Probation Officer Stacy
Brown joined the meeting to provide a department
report.
Ms. Brown said her
department is down to 31 juveniles on probation,
which is lowest number in a long time. Adult
misdemeanor is level at 60 to 63 adults and
those on adult supervision increased to 330.
Chairman Smith said for clarification that there
were approximately 60 on unsupervised probation
and 330 people on supervised probation.
Commissioner Dinning asked how many of those on
supervised probation are repeat offenders? Ms.
Brown said she would estimate it to be 30% to
33% and that includes people from
Montana and other locations. The
fee for those on supervised probation is $25 per
month. Chairman Smith mentioned that the judge
is the person to set the fee and the limit is
$75. The county pays $5 for random drug testing
unless the test comes back positive, according
to Ms. Brown. Commissioner Dinning asked if Ms.
Brown could gather details of cost per capita
across the state.
Drug and alcohol testing
was discussed and Ms. Brown said depending on
what the judge says if her department can test
for both, her staff will. The budget for testing
last year went way over, according to Ms. Brown.
Ms. Brown discussed an
issue of testing for felony charges and she said
she has spoken to Sheriff Sprungl who will now
conduct the testing for felonies. Clerk Poston
said there is a line item in the Sheriffs’
Office budget for that. Ms. Brown said she
brings this up to Commissioners because she
feels her office should not be testing for
felonies.
Ms. Brown explained she is
the District 1 Chair of the Idaho Juvenile
Justice Commission as well as on the Board for
the District Council.
Planning and Zoning
Administrator Dan Studer joined the meeting at
10:30 a.m.
Ms. Brown informed
Commissioners that she is working on a grant for
$7,180 and that she may need letters of support
by a certain date, but she wanted to make sure
Commissioners would be able to sign the grant
application.
Commissioner Dinning moved
to authorize the Chairman to sign the grant
application for Juvenile Justice. Commissioner
Kirby second. Motion passed unanimously.
Clerk Poston and Ms. Brown
left the meeting at
10:30 a.m.
Boundary County Emergency
Services Incident Commander Bob Graham stopped
by to inform Commissioners of an incident over
the weekend.
Mr. Graham left the meeting
at 10:35 a.m.
Commissioners contacted
Attorney Phil Robinson via telephone.
Commissioners discussed the
Planning and Zoning Application #12-006 for the
Moyie
River rezone of certain parcels
along the Moyie
River. Chairman
Smith said the reason he voted the way he did is
due to a lot of questions raised about the road.
If the zone changed to suburban, what would be
required of the road? It was said just because a
road is deeded to the county doesn’t mean the
county has to maintain it, but someone said if
the zone is changed to suburban, they felt the
road would have to be upgraded. The road
right-of-way is only 25 feet and the county
can’t widen it. Chairman Smith said his other
question was about all the concerns about the
road.
Commissioner Dinning said
he suggested approving portions of this
application as it seemed the biggest concern was
the main section of the area. There were
questions about responsibility of the road.
Commissioner Dinning said
he understood the same concerns. The residents
are concerned about their area, but there was
major confusion. If the area was rezoned, it
doesn’t mean property owners can automatically
split their property. Ag/forestry is 10 acres
now and the suburban zone is 2.5 acres.
Commissioner Dinning said
if he had 10 acres and split it into four, two
and one half acres, he would still have to meet
the road criteria to those parcels. Attorney
Robinson asked why someone wants to rezone in a
situation where they can’t meet the
requirements. Commissioner Dinning said that is
part of the question. Commissioner Dinning said
if there is a rezone, it is the obligation of
the developer to work on this road at a certain
location. Attorney Robinson mentioned meeting
subdivision requirements if approval is going to
be given for an application that requires
subdividing land. It was said the confusion is
someone could do a short plat and only provide
an all weather road as they just need to survey
access to the site, but do not have to meet the
standards, or do they in that suburban zone?
Attorney Robinson asked why someone would want
to if standards are in place that require
emergency access.
Commissioner Dinning said
he’s hoping that Attorney Robinson and Mr.
Studer talk through the road issue. Attorney
Robinson said that is the biggest physical
hurtle. Chairman Smith said if Commissioners
opened up the public hearing and said
“Commissioners realize the land had been deeded
to the county and as such, it is a county road
and the county will bring to standards,
everybody would be happier.” That is the goal to
have that road fixed. It was said that Mr.
Lustig won’t give land to help expand this road,
etc. Commissioner Dinning said in his mind if
there is a rezone, it would not hurt anyone as
it’s the developer’s obligation to provide roads
to their site, unless it’s a short plat.
Mr. Studer said the
language for a rural subdivision is talking
about 2.5 acres or greater and the verbiage is
that width and slope requirements may be waived
and the decision is up to Commissioners. If this
is not a rural subdivision, but a short plat
there are different requirements, according to
Commissioners.
It was said the road issue
has nothing to do with the purpose of the
hearing as the hearing is for a rezone, so this
issue would not be addressed until someone
applied for a subdivision. Commissioner Dinning
said this rezone doesn’t automatically allow
development, but that wasn’t conveyed well at
the public hearing. In a rural subdivision there
are separate standards if there are four or
fewer lots as opposed for four or more lots. It
was said this community is fearful of the
access, which is already there so that doesn’t
change.
Mr. Studer said all lots
shall be served by an all weather road, but
those standards may be waived when there are
four or fewer lots. It was asked if there is
going to be the ability to even provide all
weather access if the county isn’t maintaining
access in the first place and would the grade
even be good for emergency vehicles if there is
only a 25 foot base.
Commissioner Dinning said
his thinking was to approve a portion of the
application that fits this and either continue
or deny the other portion. Attorney Robinson
said that could be done.
Commissioner Kirby asked if
Commissioner Dinning proposed to approve the
rezone to just the point where the county
property now ends and the rest would be someone
else’s issue later.
Commissioner Dinning spoke
of applying for another rezone at a later time
if a developer wants to update the road to the
county’s standards. It was said to do this
Commissioners could approve what they want in
part and disapprove in part. Commissioner
Dinning explained that the county is the
applicant. It was said just because there is a
rezone it does not change the roads.
Chairman Smith said while
discussing this with Commissioners at the
hearing he wasn’t in favor of making a motion so
when the public hearing is reopened on
October 29, 2012, are Commissioners
still in discussion mode. Attorney Robison said
yes, the public comment portion could be
reopened if Commissioners want.
Those present discussed
requirements to give notice of the extension
date. Attorney Robinson mentioned putting notice
on the website and in the newspaper.
Commissioner Dinning left
the meeting at
11:05 a.m.
11:10
a.m., Commissioner Kirby moved to go
into executive session under Idaho Code
#67-2345(1)f. To communicate with legal counsel
for the public agency to discuss the legal
ramifications of and legal options for pending
litigation, or controversies not yet being
litigated but imminently likely to be litigated.
Chairman Smith yielded the chair to second.
Commissioners voted as follows: Chairman Smith
“aye” and Commissioner Kirby “aye”. Motion
passed unanimously.
11:35 a.m., Commissioner Kirby moved
to go out of executive session. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
There being no further
business, the meeting adjourned at
11:40 a.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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