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County commission minutes, April 22-23
May 18, 2013
***Monday, April 22, 2013, Commissioners met in regular session with Commissioner LeAlan L. Pinkerton, Commissioner Walt Kirby and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office tending to other business.

Commissioner Pinkerton moved to appoint Commissioner Kirby Acting Chairman in the absence of Chairman Dinning. Commissioner Kirby second. Motion passed unanimously.

11:00 a.m., Commissioners held an auction for the purpose of selling tax deeded property. Present were: Acting Chairman Walt Kirby, Commissioner LeAlan L. Pinkerton, Clerk Glenda Poston, Treasurer Jenny Fessler, Deputy Clerk Michelle Rohrwasser, Ron Sukenik, and Archie Remior. The auction was recorded. Acting Chairman Kirby reviewed the instructions as follows:

1) The minimum bid will be announced prior to the sale of each property.*
2) All successful bidders shall have three business days to provide Boundary County with certified funds.
3) Boundary County Commissioners reserve the right to refuse any and all bids.
4) Boundary County makes no warranties expressed or implied regarding these properties.
5) Boundary County will prepare and record the deeds.
6) All successful bidders must leave their name as they wish it to appear on the deed and their mailing address with the deputy clerk.
*The minimum bid includes cost of publication, title search and recording fees

The three properties offered at auction are as follows: Property (#1) RP62N02E055570A, Property (#2) Parcel #RP62N02E117350A and Property (#3) RP62N03E273620A.

Two of the three properties sold at auction for the minimum bid price and Commissioners will prepare the deeds.

The tax deed property auction ended at 11:10 a.m.

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

***Tuesday, April 23, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Clerk Glenda Poston, Chief Deputy Clerk Tracie Isaac, Assessor Dave Ryals, Treasurer Jenny Fessler, Planning and Zoning Administrator Dan Studer, Prosecutor’s Office Manager Tammie Goggia, Extension Office Educator Carol Hampton, Noxious Weeds Superintendent Duke Guthrie, Chief Probation Officer Stacy Brown, Solid Waste Superintendent Claine Skeen, Restorium Administrator Karlene Magee, and Sheriff Greg Sprungl.

Commissioner Pinkerton led the opening invocation and everyone present said the Pledge of Allegiance.

Chairman Dinning checked status of budget matters. Clerk Poston said it’s good to get budgets in to her as soon as possible.

Chairman Dinning said out of the discussion with the Sheriffs’ Office last week came questions about current pay grades and a possible need to refine them as they were originally done in 1996. Chairman Dinning said Commissioners wanted to give elected officials a heads up to give some thought about this.

Ms. Goggia said with county employees not receiving raises over the last many years someone who has been employed at the county for years can quit and someone could be hired for not much less than the long term employee had been earning. Chairman Dinning spoke of the need to increase the starting wages as it hasn’t been done for some time. Ms. Goggia said she agrees about that, but it’s hard on the current employees such as a long term deputy can quit and a new one can start at almost the same rate. Chairman Dinning said that is what is causing the county to take a look at this.

Mr. Skeen said when the grades are reevaluated, will they be determined based on statewide information. Chairman Dinning said he doesn’t know yet. Chairman Dinning explained that Boundary County deputies leave the Sheriff’s Office in order to work in counties that pay more. Boundary County is fairly competitive with Benewah and Shoshone Counties, but not so much Bonner County. Commissioner Pinkerton said it’s important to point out that Commissioners may not change anything as far as the pay grade, but will try to make it to where county employees benefit. Ms. Brown questioned if medical insurance benefits are better in Boundary County than in other counties as that is important.

Sheriff Sprungl said what brought this issue to a head in the Sheriff’s Office is when the bailiff’s position was reevaluated because the bailiff’s position final grade level was at the same level as a detention officer. Sheriff Sprungl said in Bonner County their bailiffs start with a pay less than a dispatcher so it’s backwards here. Sheriff Sprungl said he has lost another employee and will have to train a new one. The bailiff position is from 8:00 a.m. to 5:00 p.m. and it’s not shift work. Sheriff Sprungl said he feels that shift work is not really being compensated. Bonner County may be close to hiring another one of Boundary County Sheriff’s employees again, according to Sheriff Sprungl. Sheriff Sprungl briefly spoke of training opportunities.

Chief Deputy Clerk Tracie Isaac said if county employees want to renew their Medstar memberships, they need to get their renewal checks to her by May 17, 2013. The cost per employee is $48, which will cover a year’s membership to Medstar and coverage is provided for family members living in the same house. After insurance pays for a helicopter run this Medstar membership will cover the remaining balance. Chairman Dinning said this is a membership agreement that is reciprocal with Life Flight.

Chairman Dinning went around the room and asked what is going on in each department and office.

Ms. Goggia said the Prosecutor’s Office is busy with troubled juveniles and has opened up many cases. Ms. Brown said her department has tripled with juveniles, but this increase is all over the state. Ms. Brown said this is just an upswing and no one knows why. Ms. Brown informed those present that the State of Idaho is the third safest in the nation.

Ms. Hampton said the Extension Office is busy and has had a garbage art day that Mr. Skeen was involved in. Kids made art out of recycled materials.

Mr. Studer said Planning and Zoning has been very busy with enforcement actions, variances, conditional use permits, etc.

Ms. Magee said the Restorium also has the same problem as the Sheriff’s Office in providing training to new employees who then find work somewhere else.

Sheriff Sprungl said there will be no Mud Bog this year.

Chairman Dinning discussed the sequester and Secure Rural Schools (SRS) funds. The federal government is requesting 5% of SRS funds be returned. Most counties in the state have elected to take the 5% out of Title II funds. Chairman Dinning explained what these funds are used for. Funds for the Road and Bridge Department and schools will hopefully not be affected, according to Chairman Dinning.

Clerk Poston questioned the process of updating the county’s website. Chairman Dinning said each department will handle updating their own county webpage and can learn from Planning and Zoning Administrator Dan Studer or GIS Mapper Gary Falcon how to do this.

Chief Deputy Clerk Isaac informed those present that state tax withholding may be different this next pay period.

Treasurer Fessler briefly mentioned the tax deed sale held the day before.

Assessor Ryals said the de-annexation process has now been completed and most people will be happy with the new values. The Assessor’s Office is gearing up for the assessment notices to go out. Assessor Ryals spoke of increases in value in agriculture and grazing. Assessor Ryals said his office has done well on state test results so there won’t be any market adjustments needed.

Chairman Dinning said he appreciated the good relationship between elected officials and department heads.

The elected officials/department heads meeting ended at 9:30 a.m.

9:30 a.m., Boundary County Noxious Weed Superintendent Duke Guthrie remained after the meeting to provide a department report. Mr. Guthrie said the Noxious Weed Board met last week and reviewed the 2013 Neighborhood Cooperative Applications and found all to be acceptable. Mr. Guthrie explained this is a program funded by state cost share grant funds.

Commissioner Pinkerton moved to approve the 2013 Neighborhood Cooperative Applicant List as submitted by the County’s Noxious Weed Board as follows: Allen Riffel, Jed Clark, Peter Winslow, Galeyn Schirado, Kevin Greenleaf, Jean Jones, Jim Dahlberg, Ervin Madson, Roger Morter, Mary K. Lutes, Brad Orndorff, Walt Neu, Dave Pfenning, Peter Schaffer, George Ray, Steve Nelson, Michael Stevens, Bob Moon, Norm Meindl, Bruce Merrifield, Mike Glazier, Don Smith, Tamina Boonisar, Brad Cravens, Dan Vanpolen, Paul Gullickson, Craig Wheatley, Glen Fodge, Delton Isaac, Jim White, Steve Petesch, Randy Spencer, Russ Mass, Gerhart Mass, John Hannigan, Stan Pruitt, Robert Dante, Dan Myers, Rick Haag, John Aaron, Dave Peterson, H&H Farms, John Quigg, Mike Karnes, Dan Altice, Lou Adays, Steve Moyer, Phil Beachy, Mike Cochran, Ken Comer, Ron Bennett, Rick Fletcher, Julie Colson, Jim Hubbell, Colet Allen, Ken Veltri, Bill Bethell, Scooter Bremer, Gary Regehr, Dave Wattenbarger, Jean Hawkes, Dick Odmark, Doug Bennett, Doug Nishek, Joe Neumayer, David Bean, Jeff Foster, Kamiz Kabib, John Neumayer, Wendel Brophy, Gary Martin, Robert Martin, Rob Tweete, Matt Maggi, Mike Dinning, Morgan Draxlir, Kelly Spangler, Ron Mcilnay, and Pat Gardiner. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to approve the Selkirk Cooperative Weed Management Advisory Board Memorandum of Understanding regarding participants. Nothing has changed, except for names and dates. Commissioner Kirby second. Motion passed unanimously.

Mr. Guthrie said his normal part time help is not coming back this year so he questioned the process for hiring a new part time assistant. It was questioned if this is a position that needs to go to the Classification Committee. Chief Deputy Clerk Tracie Isaac joined the meeting at Commissioners’ request. Chief Deputy Clerk Isaac said she would get back to Commissioners about whether or not the part time position should go before the Committee.

The meeting with Mr. Guthrie ended at 9:35 a.m.

9:35 a.m., Commissioner Pinkerton 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 Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 9:50 a.m., Commissioner Pinkerton moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

Bonners Ferry Herald Reporter Laura Roady joined the meeting.

Chairman Dinning said Commissioners have received a request for an extension of family medical leave benefits and Commissioners have discussed this request.

Commissioner Pinkerton moved to extend family medical leave benefits for a county employee through May 2013 at which point the employee will come back to work. If the employee cannot come back to work, the county will possibly seek reimbursement of medical insurance premiums. Commissioner Kirby second. Motion passed unanimously.

Chief Deputy Clerk Isaac left the meeting at 10:00 a.m.

Boundary Volunteer Ambulance President Ken Baker joined the meeting.

Commissioner Pinkerton moved to sign a letter of support for Boundary Volunteer Ambulance for their efforts in obtaining a grant to procure a vehicle and extrication equipment. Commissioner Kirby second. Motion passed unanimously.

Mr. Baker left the meeting at 10:14 a.m.

Commissioner Pinkerton moved to adopt Resolution 2013-22. A resolution authorizing the sale of surplus county property at public auction. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-22 reads as follows:

RESOLUTION NO. 2013-22

A Resolution Authorizing the Sale of Surplus County Property at Public Auction

WHEREAS, Boundary County owns surplus personal property, which is not being used by the County and for which the County is presently obliged to provide storage space, and which the various department heads and the Board of Boundary County Commissioners have determined is not necessary for the County’s use; and

WHEREAS, the Board of Boundary County Commissioners are authorized under Idaho Code Section 31-808 to sell or offer for sale at public auction, after not less than ten days’ previous notice given by publication in a newspaper of the county, any property, real or personal, belonging to the County but not necessary for its use; and

WHEREAS, the Board of Boundary County Commissioners believes it is in the best interest of the County that the surplus property described as in “Attachment A” be sold and therefore desire to sell the property so described at public auction as provided in Idaho Code Section 31-808.

NOW, THEREFORE, upon motion duly made, seconded and unanimously carried, it is

RESOLVED that, after publication of notice in the Bonners Ferry Herald in the manner and for the time required by Idaho Code, the personal property of Boundary County described as in “Attachment A” be offered for sale at public auction on Monday, May 20, 2013, beginning at the hour of 1:30 p.m., in the Boundary County Commissioners’ Chambers located at the Boundary County Courthouse, 6452 Kootenai Street, Bonners Ferry, Idaho 83805.

DATED this 23rd day of April, 2013.

COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_______________________________
Dan R. Dinning, Chairman
s/_______________________________
LeAlan L. Pinkerton, Commissioner
s/_______________________________
Walt Kirby, Commissioner
ATTEST:
Glenda Poston
Clerk of the Board of County Commissioners
By s/________________________________________
Glenda Poston, Clerk
By: Michelle Rohrwasser, Deputy Clerk
Recorded as instrument #257208
“EXHIBIT A”

2013 Boundary County Surplus Auction Items:

1 – 1987 Chevrolet ¾ Ton, 20DLX, 4X4, VIN #1GCEV24K4HJ136765
1 – 1999 Ford Expedition 4WD, VIN #1FMRU1867XLB92337
1 – 1989 Ford F250, 4X4, VIN #1FTEF26H5KLA83665

Planning and Zoning Administrator Dan Studer joined the meeting at 10:14 a.m.

Commissioner Pinkerton moved to approve the minutes of April 8 & 9, 2013 and April 15 & 16, 2013. Commissioner Kirby second. Motion passed unanimously.

Commissioners had verbal request from Boundary County Waterways Board Chairman Vern Wilson to reappoint board member Darron Branson and himself to the Waterways Board.

Commissioner Pinkerton moved to reappoint Vern Wilson and Darron Branson to the Boundary County Waterways Board with terms to expire January 2016. Commissioner Kirby second. Motion passed unanimously.

Mr. Studer said he had received a special use event application from Delray Romero for a four wheel drive/ATV/rock crawl event. This is to be a one time event from August 9th through August 11th. Mr. Studer said he is deferring his decision making authority as staff to County Commissioners and to schedule a public hearing before Commissioners to consider Mr. Romero’s application.

Mr. Studer left the meeting at 10:20 a.m.

10:30 a.m., Chief Probation Officer Stacy Brown and Idaho Department of Juvenile Corrections District 1 Liaison Jim Crowley joined the meeting.

Mr. Crowley spoke of Boundary County’s Annual Juvenile Justice Report and presented the reports to Commissioners. Chairman Dinning asked what a Juvenile Petition Filing is as it’s listed on the report. When a petition is filed there are funds that go to the state and a petition is the generation of the offense going to the courts. It’s to put the offense through the court system, according to Ms. Brown. Mr. Crowley informed Commissioners that in reviewing the Juvenile Arrest information the statistics are always one year behind and they’ve been fairly stable. Chairman Dinning said for year 2009 there were 78 juvenile arrests and 41 petitions. It was said using that one year the county’s percentages increase in petitions to arrests. Ms. Brown said it’s the discretion of prosecuting attorney. One juvenile can have multiple offenses and have multiple petitions or the petitions can be rolled into one. Ms. Brown said her diversion program has skyrocketed.

It was said the caliber of juveniles in the system now are truly the neediest of the needy. These juveniles are beyond the discretion of the diversion program so there may be a smaller number of juveniles, but the system is still busy. Drug tests administered goes along with the number of juveniles on probation. Ms. Brown said the Substance Use Disorders (SUDS) State Program is the reason Boundary County can afford such drug testing.

Those present discussed the cost of $202 per day to house juveniles in the state juvenile system, of which there are three facilities. The average length of stay is 18 months, but the goal is 15 months. Community service hours have increased. Ms. Brown said with the cost of detention it is beneficial to keep the juveniles busy here. Boundary County’s restitution collection is stellar, according to Mr. Crowley.

Chairman Dinning spoke of the number of juveniles in the court system and the inability of the courts to collect restitution. Mr. Crowley said it’s available to the bench if they choose to use it.

Clerk Poston questioned if restitution is ordered from the parents of a juvenile and the juvenile turns 18, does the debt follow the juvenile. Ms. Brown said she would think it is the parent that is still obligated to pay the debt as that is what the order states.

Mr. Crowley said the county is at 63% for state funding, which hasn’t changed much over last several years Boundary County’s recidivism rate is also stellar, according to Mr. Crowley.

Mr. Crowley and those present reviewed state and county allocations and he explained the Juvenile Corrections Act (JCA), Tobacco tax and lottery funds. Mr. Crowley said these matters are also explained in Idaho Code. Mr. Crowley reviewed JCA funding in that next year the projected amount for 2014 will be $29,854. This amount fluctuates based on the census between ages of 10 through 17. Mr. Crowley said the state found that tobacco tax, sales were plummeting for some reason, but the Department of Juvenile Corrections does know they could bank on $900,000 quarterly to the counties. The counties were able to choose to have equal quarterly payments or to have three equal payments with a balloon payment in the last quarter. Almost unanimously counties would rather adjust their budgets in the last cycle, according to Mr. Crowley.
Mr. Crowley said there will be more one lottery fund dispersement coming.

Ms. Brown said Boundary County is lucky to have Mr. Crowley as she feels he is the best liaison in the state.

The meeting with Mr. Crowley and Ms. Brown ended at 10:55 a.m.

11:00 a.m., Kyle Flory, Alan Flory and Rob Tenas joined the meeting to continue the discussion on developing a documentary on the benefits of forestry in Boundary County. Bonners Ferry Herald Reporter Laura Roady also joined the meeting.

Mr. Tenas presented Commissioners with a Contract for Documentary Production for review. Alan Flory said the funding will promote conversation and since he and other businesses would like to be a part of this project, they need to know the proper channels for donations. Commissioners asked about the length of television time and Mr. Tenas said showing time would be 30 minutes. Chairman Dinning said looking ahead to network this he would rather trust Kyle Flory and Mr. Tenas with editing as opposed to someone else. Mr. Tenas said he could revise the contract pertaining to editing. Chairman Dinning said in talking with various people last week someone questioned who owns the project since the county is paying for it. Kyle Flory and Mr. Tenas said the county would own the project. Chairman Dinning said the county’s attorney would have to approve the proposed contract before Commissioners could sign it and that could possibly be ready by next week. Following that is developing process and criteria. Commissioner Pinkerton said the contract does say the county is the client even though others may want to contribute. Chairman Dinning said the county will also have to consider liability.

Kyle Flory said he and Mr. Tenas could always include a special thank you to the sponsors at the end of the documentary. Chairman Dinning said he mentioned this project to Patty Perry with the Kootenai Tribe. Alan Flory asked when it would be okay to promote this project as there are people that he would like to talk to about it. Commissioners said once the Contract is signed it would be fine to promote the project.

Chairman Dinning updated Clerk Poston and Ms. Roady about the documentary. Alan Flory said the Women in Timber may show last year’s documentary to two, fifth grade classes on Arbor Day.

The meeting with Alan Flory, Kyle Flory and Rob Tenas ended at11:15 a.m.

Ms. Roady left the meeting.

11:25 a.m., Chief Deputy Prosecuting Attorney Tevis Hull joined the meeting.

11:25 a.m., Commissioner Pinkerton 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. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 12:30 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

Chief Deputy Prosecuting Attorney Hull left the meeting.

Commissioners recessed for lunch at 12:30 p.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby and Deputy Clerk Michelle Rohrwasser.

1:30 a.m., Sharlene Delaney with Boundary Abstract joined the meeting. Boundary Abstract has requested to purchase an easement on behalf of the state to cross county property for access to the state’s land. An appraisal has been done by Hal Carter who had performed the first appraisal years ago, according to Ms. Delaney. The new appraisal estimated value of the easement to be $6,311.25 and the appraisal done in May 2004 was $2,550 so the value has increased. Ms. Delaney asked if the county would be willing to negotiate that figure or does Boundary Abstract have to pay the appraised price. Ms. Delaney said she has been asked to firm up the cost, but see if negotiations are possible.

Chairman Dinning said if the county deems something in the public’s interest and it’s beneficial to the county or other government agency, the county could possibly do a lot. In this case the easement is for the state and Mr. Miller’s property. Chairman Dinning said Commissioners may need to talk with their attorney, but the county may have the ability to give anything they want to another government agency. Chairman Dinning asked for Commissioner Pinkerton’s and Commissioner Kirby’s thoughts. Commissioner Kirby suggested consulting the county’s attorney and asking the appropriate questions as his decision depends on the attorney’s answer otherwise he doesn’t have any quarrels. Ms. Delaney said she understands and is just putting out the question of possible negotiations.

Commissioner Kirby spoke about the state having no movement whatsoever on other matters. Ms. Delaney said the state is not helping her at all with this resolution. Chairman Dinning said originally the state had an easement to their property to manage their land just for timber removal. When that property sold that easement was not disclosed on the agreement by the buyer so Boundary Abstract is trying to figure out a different solution. Granting this easement would provide the public with access to the state land that would not have occurred before because of limited use.

Ms. Delaney said the easement would be a 60 foot right-of-way, but not yet built to specifications. Mr. Miller, the property owner adjacent to this state land is in favor of this easement, according to Ms. Delaney. A mutual price agreement has already been reached with Mr. Miller. Ms. Delaney said the state is asking for the easement so they can have another access to their property and they would relinquish their limited access. Ms. Delaney said Stan Galloway is now the contact with the State and he is on board. Boundary Abstract/Stewart Title would pay for this easement and build the road. Chairman Dinning said this would be called a public road for the public’s use. Chairman Dinning said even though the county gave access to the public, should someone drive to the state’s land there will be unrestricted use. Ms. Delaney said she hasn’t seen any language in the easement and her attorney in Boise has been working on that. Ms. Delaney discussed what Mr. Miller’s future plans are for his property and she proposed an offer of $4,000 for the easement from the county.

1:45 p.m., Prosecutor Jack Douglas joined the meeting at Commissioners’ request.

Chairman Dinning updated Prosecutor Douglas about the easement.

The meeting with Ms. Delaney ended at 1:50 p.m.

1:50 p.m., Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)b to consider the evaluation, dismissal or disciplining or, 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. 2:10 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

2:10 p.m., Boundary Economic Development Specialist David Sims joined the meeting to discuss Planning and Zoning matters. Planning and Zoning Administrator Dan Studer and Blue Sky Broadcasting Reporter Mike Brown also joined the meeting.

M. Sims said due to prior conversations about tracking businesses it would be useful to see what the county has available for property. Mr. Sims said he had printed out commercial properties listed in the Multiple Listing Service (MLS) for the Boundary County area. There are about 39 properties and most are small parcels in town. Mr. Sims said if you look at what is needed for a business to relocate, a business owner will ask about utilities. If a property has only septic as opposed to a sewer system, the property will need to be larger in size and depending on the business they will need sewer. Power is another thing, according to Mr. Sims. If a business owner looks at building a larger structure on the property, water flow could be an issue for a fire potential per building codes or insurance requirements. Other limiting factors are limited access such as spring breakup. Mr. Sims said he printed off maps of parcels of commercial/light industrial or industrial zoning and there is not a lot of property zoned for manufacturing businesses.

There are a lot of underdeveloped properties, according to Mr. Sims. Chairman Dinning asked if going out Highway 2 is commercial and Mr. Sims said he thinks it is rural community/commercial. Mr. Sims said if Commissioners look at the zoning and use the matrix, there are a couple of things to become more business friendly. Some scenarios require a conditional use permit and that is fine if you already own the property, but if you’re out of the area looking for property and have to go through a rezone for a conditional use permit, most people don’t want to deal with that unknown. A question is if Commissioners would consider dropping the square footage limitations in this commercial or commercial/light industrial zone. Chairman Dinning said the Planning and Zoning Commission is in the process of matching the language in the Comprehensive Plan and the Ordinance and this request could be run by the Planning and Zoning Commission.

Mr. Sims said he had a hard time finding property for a proposed recreational vehicle park as the company wanted 10 acres plus in an industrial zone, and they had also wanted a structure already on the property. Mr. Sims said there isn’t a lot of commercial property for sale along the highway. Mr. Sims presented a picture of Priest River’s industrial park area and he suggested really looking at the size thresholds to require a conditional use permit. As long as a property is commercial/light industrial or industrial, it isn’t known why the size of the parcel matters.

Chairman Dinning said it would be good for Mr. Sims to have this conversation with the Planning and Zoning Commission as this is something they would probably like to rectify. Chairman Dinning said the Planning and Zoning Commission is looking at the Comprehensive Plan right now and looking at these issues.

Mr. Sims said when he talks to people they think they need industrial zone, but it can be commercial/light industrial. Mr. Sims said there aren’t a lot of businesses that fall under industrial except for those that are very noisy, etc.

The meeting with Mr. Sims ended at 2:30 p.m.

2:30 p.m., Planning and Zoning Administrator Dan Studer remained to discuss Planning and Zoning enforcement matters. Property owners Teresa Jones and Rick Crowell also joined the meeting.

2:30 p.m., Mr. Studer said he had been working on a few enforcement actions and for this particular matter regarding 327 Trillium Lane, he had met with Ms. Jones in November 2012, and their discussion encompassed how many accessory dwellings and mobile homes were permitted on the property. Due to being winter Mr. Studer said he let the issue slide. In Mr. Studer’s visit April 18, 2013 he said he observed the main residence and two trailers occupied by her daughters in addition to a trailer with tarp over it that was occupied and another occupied RV. It was said one trailer is in the process of being torn down. Mr. Studer said he informed Ms. Jones the number of trailers she had on her property far exceeded the numbers in November. There would be one primary residence and one trailer and there was discussion on which specific trailer would stay. Mr. Studer said what he sees now is far in excess of what was agreed to earlier. Ms. Jones would like to have her two daughters remain on the property with the two trailers.

Chairman Dinning said after reviewing this file the recreational vehicle (RV) and the mobile trailer are accessory dwellings per Section 2, Definitions, in the Zoning Ordinance. Mr. Studer said these dwellings are licensed by the state and taxes are collected. In the old Ordinance accessory structures were allowed by permit. Mr. Studer said the RV and tow-behind camper are mobile, but in their current use and in his mind they’re a permanent residence. Mr. Crowell explained the set up in that one trailer is being used during the time that person is helping tear the other trailers down.

Chairman Dinning asked for clarification if all the mobiles have utilities. Ms. Jones and Mr. Crowell said yes. Mr. Crowell said the three mobiles that he and Ms. Jones would like to remain on the property have been there for 20 years. There are two mobile homes separate from the main residence. There is no sewer or water to the RV and camp trailer. Mr. Crowell said the person staying in the camp trailer plans to go to Alaska and when the weather is right Ms. Jones brother will go gold panning and since he’s staying in the motor home, it will go with him. The camp trailer will be empty, but will still be on the property. Mr. Crowell explained the reasons the dwellings had ended up on their property.

Chairman Dinning said for assumptions, if there were only two mobile homes that have been somewhat permanent for 20 years, as he reads the Ordinance the property owner would be allowed to put one more accessory structure not to exceed 950 feet that is intended for occupation; or is that accessory dwelling. Would the third mobile home be classed as accessory dwelling unit if it had been there that long? Chairman Dinning said what led to discussion is the structures appear to be permanent and that would be where the concern is. Mr. Studer said of importance to him is someone could pull up RV’s and stay for a weekend or month, but the expectation is those are then removed. Hypothetically you could theoretically bring more people who need help and provide a place for them to stay on the property so how does that end. Mr. Crowell said Ms. Jones is a sweetheart and can’t say no to people so with the letter they received from Planning and Zoning last fall, it will help them say that they can’t let people stay. Chairman Dinning said the motor home probably also needs to go down the road and he questioned what a reasonable time frame would be. Mr. Crowell said sometime in June or July would work. Chairman Dinning said he’s trying to be fair so Commissioners will give until the end of July. Mr. Crowell said he and Ms. Jones are getting on in age so they would like a motor home so they can travel unless there’s a problem parking it on the property. Chairman Dinning said that is fine, but it just can’t be occupied.

Mr. Studer briefly mentioned potential safety and health issues.

By the end of July the motor home needs to be gone, according to Chairman Dinning. Ms. Jones said the only problem is that her brother is really sick, he is supposed to have surgery and his arms don’t work right. Commissioner Pinkerton said it’s a tough situation and it appears they’ve been overburdened, but it gives the appearance they’re operating a commercial enterprises. Commissioner Pinkerton said the Planning and Zoning Administrator is in a predicament as he has to follow the rules. Mr. Crowell said his primary concern is their daughters.

Chairman Dinning asked Mr. Crowell and Ms. Jones what they think would be a reasonable solution. Mr. Crowell said after 20 years he thinks it’s the additional vehicles and campers that have been brought to the property that have caused the issue, and he would’ve said enough is enough so he doesn’t blame anyone for that. The initial flag that caused the concern is gone and the property has now been cleaned up. Chairman Dinning asked if things would function if just the three mobile homes were there. Mr. Crowell said yes. Chairman Dinning said what is legal according to the Ordinance is one main residence and one accessory dwelling unit and that is it. Chairman Dinning said if the mobile homes have been there 20 years, he doesn’t know what the ordinance that was adopted at that time allowed. Mr. Studer said it would be conditional use permit. Mr. Studer said going back 20 years the structures would be a non-conforming structure. Commissioners said they would defer this discussion until after receiving advice on what can and can’t be done.

Mr. Studer mentioned the direction that needs to be taken is known and there is time to work on it and to inform Ms. Jones and Mr. Crowell’s family. Commissioner Pinkerton said that Ms. Jones and Mr. Crowell could tell the kids that they are in a bad spot and maybe empowering the kids will help them come up with ideas. Mr. Studer said he just needs to provide reasonable time to rectify this and July is more than reasonable.

The meeting ended and Mr. Crowell and Ms. Jones left Commissioners’ Office.

Property owner Mel Waldon joined the meeting with Commissioners and Mr. Studer. Mr. Studer said Mr. and Mrs. Waldon live on Oxford Loop. Mr. Studer said he had received a complaint from an individual in the Oxford Loop neighborhood about multiple vehicles at the Waldon residence. This issue is dealing with non-working vehicles constituting a public nuisance. Some of the vehicles are now being moved.

Mr. Studer said he allowed Mr. Waldon 60 days to remove the vehicles and now the situation is at a position in which he and Mr. Waldon have to sit down again. Mr. Studer said he does deem the vehicles to be a public nuisance and he referred to the section of the definition of “junkyard, prohibited” in the Planning and Zoning Ordinance. In addition to more than three derelict vehicles there is a forklift, etc. Mr. Waldon said the forklift does run and he briefly reviewed which vehicles do run and which ones don’t. Mr. Waldon said his motor home blew an engine, but he is working on that. 79% of the vehicles are registered and a few don’t run, according to Mr. Waldon. Mr. Waldon said he has cleaned up the area and has sold his tent trailer. Mr. Waldon said he moved a vehicle from the front of his property to the back and then that neighbor complained so he doesn’t know if he should build a fence. Chairman Dinning read the definition of a derelict vehicle. Mr. Waldon said most of his vehicles do run, to be honest, but he sees what Commissioners are talking about. Mr. Waldon resumed discussing what equipment and metal he has. It is an eyesore, but you come along the highway and you can’t see it. Chairman Dinning said when people complain it triggers this response so it’s about trying to come to a workable solution. Mr. Waldon asked for 60 more days so he can get out and move vehicles.

The meeting to discuss Planning and Zoning enforcement matters ended at 3:15 p.m.

Commissioner Pinkerton 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 Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 3:20 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

3:30 p.m., There being no further business, the meeting recessed until tomorrow at 1:30 p.m.

***Wednesday, April 24, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Administrative District Judge for the 1st Judicial District Lansing Haynes, Sheriff Greg Sprungl, Clerk Glenda Poston, Chief Deputy Sheriff Rich Stephens, Supervisory Court Clerk Rose Sprungl, and Prosecutor Jack Douglas joined the meeting.

Those present met with Judge Lansing Haynes for introductions and to discuss various matters. Commissioner Kirby spoke of the bailiff’s duties and how these duties are different between counties. Sheriff Sprungl said he’s ready willing and able to fulfill his duty. Sheriff Sprungl said there is a court deputy, but he and Chief Deputy Sheriff Stephens also cover this position. Sheriff Sprungl said the previous bailiff had been employed with the county for a long time and there really is no training and no qualifications. Sheriff Sprungl mentioned a lack of pistol training and he voiced concerns about liability.

Judge Haynes asked who is in charge of supervision over the bailiff in terms of day to day matters. Commissioners were mentioned and Supervisory Court Clerk Sprungl said she thought it was the district judge. Clerk Poston said if the position is paid by Boundary County, she would expect that employee to be here when they’re supposed to be here. If absent, the bailiff should notify all interested parties and not just one office. The new bailiff has been very good and has qualified with his pistol. Sheriff Sprungl asked Commissioner Pinkerton about his Border Patrol training and if he felt going to Kootenai County to shoot would qualify as training. Sheriff Sprungl said he got a hold of Kootenai County’s bailiff manual and they’re using homicides by officers training. Someone needs to review this, according to Sheriff Sprungl. Sheriff Sprungl said he has asked the Attorney General’s Office for their opinion as to when the bailiff can use deadly force as the statute can get someone into a lot of trouble. Weapons are not just about putting holes in a paper target; it’s knowing when to shoot. Plus in Boundary County the bailiff doesn’t have tazer or pepper spray.

Judge Haynes said the Supreme Court has denied acting on Kootenai County’s matter and they are now assigning a judge to that case. Chairman Dinning said Judge Haynes is getting a sense that Boundary County is 25 years behind the curve. The local magistrate Judge and Clerk oversee day to day duties such as a jury commissioner. There needs to be help with Commissioners to help protect individuals and the county. Chairman Dinning mentioned there being some way for the court to help develop a policy and have the Sheriff’s expertise to review it.

Supervisory Court Clerk Sprungl said if someone asked Judge Julian if he’s some type of supervisor, he would say no and that position should go to the administrative district judge. Chairman Dinning said the county needs clarification on who supervises the day to day operations of the bailiff. Commissioner Pinkerton said it opens a can of worms for everyone as no one can claim responsibility although the bailiff’s actions are on behalf of the county or courts. The bailiff is a shared employee so no one really knows. Sheriff Sprungl said it’s partly his responsibility, but he’s not the one who hired in this position.

Those present spoke of discipline and how can there be discipline when there is no policy manual. Clerk Poston said for clarification there are no issues with the bailiff. Commissioner Pinkerton said there could be potential. Clerk Poston said ultimately the bailiff works for Boundary County and has been given the Personnel Policy so Boundary County is ultimately on the line.

Supervisory Court Clerk Sprungl said in working in the courts most bailiffs have a station and has coverage. When our bailiff is gone, the Sheriff has to fill in and he has no control over vacations and time off. Sheriff Sprungl said in the hiring of a new bailiff Judge Mitchell said the bailiff’s vacations had to be cleared.

Judge Haynes said he can certainly work on this issue and he will see how Kootenai County’s court case will turn out as these are the questions involved. It has been the courts position that the shared employee is just that as it’s a shared supervision and training issue. One case that does define liability has to do with the clerk in Kootenai County who destroyed evidence in the ordinary course of business that happened to be valuable memorabilia for a family involved. In this case as the clerk was acting under the courts, the county was actually not liable.

Whenever policies are in place district-wide or answers from a lawsuit is that whatever works in Kootenai may not work in Bonner County, one size does not always fit all.

Chairman Dinning said we work together in these small communities so when Sheriff Sprungl is talking we’re listening and it’s not head butting. The county is trying to solve this issue. It’s not certain how long Kootenai County’s lawsuit will take, but Boundary County probably needs to see how that ends.

Sheriff Sprungl said Idaho Counties Risk Management Policy (ICRMP) should also weigh into this.

Clerk Poston said she’s sent budget requests to Judge Buchanan and Trial Court Administrator Karlene Behringer. Clerk Poston said Ms. Behringer usually schedules time to meet with her and Commissioners, but the District Court budget has been fine in year’s past. Judge Haynes said Ms. Behringer will forward her budget information to him.

Chairman Dinning spoke of reimbursement as it relates to housing juveniles in detention facilities and if a policy from an administrative judge or in conjunction with all, can be instituted. When an individual participates in the medical assistance program there is a reimbursement from that person, even if reimbursement is $5. When it has to do with housing juveniles the courts almost never ask for reimbursement from parents. The cost to house a juvenile in the detention center is $180 per day so if even if reimbursement of $5 per month could be made to the county, it would help offset the taxpayers. Chairman Dinning said there are financial issues with some families, but there are other families that he knows could afford reimbursing the county. There could at least be a set amount of time to reimburse the county, according to Chairman Dinning.

Supervisory Court Clerk Sprungl said there are a lot of juvenile cases and in some of those cases the judge will not require reimbursement, but could those costs be recovered under other certain court costs. Supervisory Court Clerk Sprungl said she thinks there are a lot of judges that don’t require reimbursement from the juvenile’s parents. Supervisory Court Clerk Sprungl and Clerk Poston were asked to look into this. Judge Haynes said even recovering a little bit is beneficial. Judge Haynes said he knows the Region 1 director utilizes the video conferencing system.

Those present discussed the schedule of judges as it pertains to Boundary County. Supervisory Court Clerk Sprungl said Judge Buchanan has been great about her time spent in Boundary County. Those present also discussed jail inmate status in relation to scheduled court appointments.

Sheriff Sprungl said smaller counties have to deal with the same issues that larger counties do, but with a much smaller budget and Chairman Dinning added that larger communities can meet the required jail standards unlike the smaller counties.

The meeting with Judge Haynes, Supervisory Court Clerk Sprungl, Clerk Poston, Prosecutor Douglas, Chief Deputy Sheriff Stephens and Sheriff Sprungl ended at 2:20 p.m.

2:20 p.m., Commissioner Pinkerton 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 Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 2:40 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

There being no further business, the meeting adjourned at 2:45 p.m.




/s/
DAN R. DINNING, Chairman

ATTEST:


/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
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