County Commission minutes, October 1-2 |
| October 12, 2012 |
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*** 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 Clerk Glenda Poston joined
the meeting at 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 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 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 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 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 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 The proceedings ended at 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: 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 Chief Deputy Treasurer
Larson left the meeting at Commissioners contacted
County Attorney Phil Robinson via telephone at 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 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 The hearing to set the date
to consider Planning and Zoning Application
#12-006 for a zone map amendment ended at Commissioner Dinning left
the meeting at 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 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 Deputy Clerk Nancy Ryals
joined the meeting at Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. 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 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 Clerk Glenda Poston joined
the meeting at 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
*** 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 Commissioner Dinning
informed Chairman Smith and Commissioner Kirby
that 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 Clerk Glenda Poston joined
the meeting at Commissioner Kirby moved to
approve the holiday memo as written on 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: 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
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 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 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 Commissioners contacted Attorney Phil Robinson via telephone. Commissioners discussed the
Planning and Zoning Application #12-006 for the 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 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: There being no further
business, the meeting adjourned at /s/ RONALD R. SMITH, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy |