Monday, May 23, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. 

Commissioner Kirby moved to amend the agenda to include signing the U.S. Army Corps of Engineers Flood Fight Cooperating Agreement at 9:01 a.m., as it a matter that is time sensitive. Commissioner Dinning second. Motion passed unanimously.   

9:01 a.m., Commissioner Dinning moved to authorize the Chairman to sign the U.S. Army Corps of Engineers Flood Fight Cooperating Agreement for Boundary County. Commissioner Kirby second. Motion passed unanimously.

Chairman Smith said General Bill Shawver with the Idaho Bureau of Homeland Security contacted him about the fact that the President did not include Boundary County in the emergency declaration that was declared because of heavy spring precipitation. Chairman Smith said Boundary County can still qualify for funding since the County is contiguous to Bonner County, who has already qualified. Chairman Smith said the minimum amount of damage needed to qualify a project for improvements is $40,000 but the damage to Fleming Creek Road totaled approximately $20,000. Chairman Smith said if Mr. Gutshall is able to locate other road damage caused by spring precipitation that could assist in reaching the total of $40,000, Boundary County can reapply for assistance. Chairman Smith said any additional damages that Mr. Gutshall locates had to have occurred in the same time frame as the other damage. 

9:06 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. No written report was given. Chairman Smith provided Mr. Gutshall with an update on his conversation with General Shawver in regards to Boundary County having been left out of the emergency declaration. Chairman Smith said Deep Creek Loop and Lion’s Den Road will most likely fall under the Federal Highways Program and this is probably going to be a better situation because of the match. Chairman Smith said Fleming Creek Road didn’t come in at the required cost of damages, but Jay Baker, Local Area Field Officer with the Idaho Bureau of Homeland Security, said if the County locates more damage resulting from spring precipitation, those damages could be added to meet that $40,000 threshold. Commissioner Dinning questioned adding Fawn Lane and Mr. Gutshall said that damage wasn’t caused by rain, but from frost heaving. Mr. Gutshall said Channing Nagel’s property has water over the roadway and he questioned if that qualified. Mr. Gutshall said the cost of repairs for Lion’s Den Road totals $350,000, but Deep Creek didn’t really include mitigation. Commissioner Dinning questioned the reason Boundary County didn’t fit in this last declaration and Chairman Smith said it isn’t yet known. Chairman Smith said Fleming Creek is in its own category, but since Bonner County did qualify and is contiguous to Boundary County, if Mr. Gutshall can locate more damage, Boundary County can resubmit the declaration.

Mr. Gutshall said Deep Creek Loop is a Surface Transportation Program Rural (STPR) Project and he spoke of the need to address paving and the dangers at the intersection of Highway 95 in the application for the Public Lands Highways Discretionary Program. Mr. Gutshall said he has cost estimates and he is rewriting the project description so he can submit this project application to the 2011 Public Lands Highways Discretionary Program as the application has to be in Boise by Friday. The application asks to identify how the project relates to federal lands and Mr. Gutshall mentioned the access to the Forest Service and The Kootenai Wildlife Refuge. Mr. Gutshall said in addition to the application, Commissioners could contact Congressional representative, Raul Labrador to make him aware of the County’s application. Mr. Gutshall suggested Commissioners inform Mr. Labrador the County is appealing to him for this project as it meets the criteria very well and the County has tried to obtain funding through the STPR, Federal Emergency Management Agency (FEMA), and stimulus programs. Mr. Gutshall said it is his understanding the chances of approval are better when other areas of funding have been tried. Mr. Gutshall said the applications don’t have to be signed by anyone.

Mr. Gutshall presented Commissioners with copies of the Idaho Transportation Department’s Professional Services Agreement with Welch Comer for the Deep Creek Phase II Project.

Commissioner Dinning moved to authorize the Chairman to sign the Idaho Transportation Department, Local Professional Services Agreement (No. 7742) with Welch Comer and Associates for the Deep Creek Phase II Project, Key No. 12230 totaling $50,000. Commissioner Kirby second. Motion passed unanimously.

Mr. Gutshall informed Commissioners he has finished grinding Blume Hill Road and dust abatement materials have now been applied. Mr. Gutshall said he is not ready to chip seal yet.

9:16 a.m., Clerk Glenda Poston joined the meeting.

Commissioners discussed the comments they have received from two people who heard on the radio the request of Mark Owens that the County abandon Perkins Lake Road. The comments from both people state their opposition to the abandonment of this road.

Commissioner Kirby moved to continue with the abandonment process for Hewitt Road and to cease discussions on the request to abandon Perkins Lake Road. Commissioner Dinning second. Motion passed unanimously.

Mr. Gutshall informed Commissioners the representatives with Forest Highways will meet at the Road and Bridge Shop at 8:00 a.m., Tuesday morning to begin the Forest Highways tour. The purpose of the tour is to take a look at the County’s forest highway projects. Mr. Gutshall said this does not include the damage to Lion’s Den Road, but does include traveling to the Moyie River Road.

The meeting with Mr. Gutshall ended at 9:28 a.m.

Commissioners tended to administrative duties.

Commissioner Kirby moved to approve the minutes of May 2, 2011. Commissioner Dinning second. Motion passed unanimously.

9:35 a.m., Clerk Glenda Poston presented Commissioners with the results of the elections for the Boundary County School District Maintenance and Operation Levy (M&O) and for the Boundary County School District Board of Trustees for the purpose of canvassing the ballots.

Chairman Smith said for clarification that Commissioners were given a true abstract of the ballots cast. Chairman Smith asked if there were any errors or corrections and Clerk Poston said there were no errors made. Commissioners said this is a true and accurate representation of the election held on behalf of the Boundary County School District 101 on May 17, 2011.

Commissioner Dinning moved that the Commissioners of the County and the State of Idaho, acting as a Board of Canvassers of Election, do hereby state that the attached is a true and complete abstract of all votes cast within this County for the candidates and/or questions as they appear at the election held on May 17, 2011 as shown by the records now on file in the County Clerk’s Office. Commissioner Kirby second. Motion passed unanimously.

Clerk Poston informed Commissioners of the people who voted on the School District Maintenance & Operation levy, 51% voted in favor of passing the levy.

9:43 a.m., Deputy Clerk Chris Wolfe joined the meeting at Commissioners’ request to discuss surplus county property. Those present discussed the matter involving a filing cabinet that had belonged to a County office at one point, but was to be discarded. A former employee of the Victim’s Advocate Services, which is not a county department, asked to use the cabinet rather than take it to the landfill. The question now is ownership as the County has a system to dispose of surplus equipment, according to Idaho Code. Chairman Smith said he wants the situation handled properly if the filing cabinet has been listed on the County’s inventory. Clerk Poston suggested looking at the cabinet to make sure it is listed on the inventory correctly.

Deputy Clerk Chris Wolfe left the meeting at 9:51 a.m.

Clerk Poston left the meeting at 9:54 a.m.

Commissioners briefly addressed a matter involving an inquiry on homeowners’ exemption benefit.

Commissioner Dinning moved to sign the letter to Ingrid Spears regarding her inquiry regarding homeowner’s exemption benefits. Commissioner Kirby second. Motion passed unanimously.  

10:00 a.m., Property owner Steve Lane contacted Commissioners via telephone to discuss property tax issues. Treasurer Jenny Fessler also joined the meeting. Chairman Smith said due to a financial situation Mr. Lane has with him, he will step aside and not take part in the following conversation due to a possible conflict. Chairman Smith left the meeting for the duration of the conversation with Mr. Lane.

Mr. Lane said several years ago a realtor informed him that Jerry Mortensen was interested in entering into a contract to purchase Mr. Lane’s land. The contract was to have been paid in full in the time of one year or so, but the next thing that happened was roads were put in and lots were split and all of a sudden, Mr. Mortensen quit paying on the contract. Mr. Lane said he had also found out the timber had been cut from the property. Mr. Mortensen was very rude to deal with and the realty company was involved in something else with time, according to Mr. Lane. Mr. Lane said he started the process of foreclosure against Mr. Mortensen who was hard to locate. Once Mr. Mortensen was located, discussions took place about signing the property back over. The property was signed back over to Mr. Lane and was to be put back into the forestry plan, but Mr. Lane said he wasn’t given the information so the whole time the property wasn’t in the forest category. Mr. Lane said he received his tax notice last Monday and the person who is handling the foreclosure process informed him the property taxes hadn’t been paid last year. Mr. Lane said he learned he owes $10,000 in taxes, but he thought the land had still been in the forest management plan.

Mr. Lane said he has asked someone in Sandpoint to draft a forestry management plan, but whatever Commissioners can do to help him in this situation he would appreciate. Mr. Lane said he was told he had 360 acres coming back to him, but only 160 acres are being returned. Commissioner Dinning asked how far back the taxes go and Treasurer Fessler said one parcel has taxes owing dating back to year 2009 and the rest of the parcels have taxes owing back from 2008. Commissioner Dinning asked when the timber exemption came off the property and he asked if this exemption was ever put back in place. Treasurer Fessler said she could research that information, but she is guessing the exemption came off for year 2010 due to seeing the tax increase. Mr. Lane said he received the property back in 2010.

Commissioner Dinning said the County is really limited by what it can do according to Idaho Code. One thing Commissioners can do is extend time to pay these taxes to keep Mr. Lane out of tax deeding, but it has to be on a case by case basis. Commissioners do not have the ability to forgive all of these taxes. Mr. Lane said if he is given time, he will sell one of his ten acre parcels in order to pay the taxes. Commissioner Dinning said the tax amount owing for year 2008 will cause the tax deed process to begin in October so those are the priority. Commissioner Dinning suggested Mr. Lane contact the Treasurer’s Office if he receives a tax deed notice in order to request an extension as extensions are usually granted. Mr. Lane said he appreciates the help and he should’ve taken care of this as soon as possible. Mr. Lane said he doesn’t want to sell all of his property and once he can get the property back in the timber plan, he can manage it.

The call with Mr. Lane ended at 10:13 a.m.

Chairman Smith returned to the meeting and Commissioners tended to administrative duties.

Commissioner Dinning moved to sign the letter to the Idaho Industrial Commission in regards to workers’ compensation coverage for Boundary County Fair Board employees. Commissioner Kirby second. Motion passed unanimously.  

Attorney Phil Robinson joined the meeting at 10:30 am.

10:30 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 “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 11:27 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously. Motion passed unanimously. 

Commissioners, Clerk Poston, and Attorney Phil Robinson discussed changes that need to be made to the County’s Vicious Dog Ordinance as the County’s ordinance is more stringent than the State’s. Attorney Robinson said there are two parts to the problem one being the local code is viewed as exceeding the State’s vicious dog law, and the other issue is the idea of dogs at large has been preempted by State statute. Chairman Smith said the part the County tried to stay away from had to do with kennels, but all dogs picked up through the Sheriff’s Office are transferred to the Second Chance Animal Shelter.

Attorney Robinson asked the status of the request for a Foreign Trade Subzone. Commissioner Dinning said he talked with the Commissioners in the County this subzone is to be located and they voiced a favorable opinion. Commissioner Dinning said he also informed the Governor’s Office and he is currently just waiting for their opinion.

Attorney Robinson said he will check with Attorney Marshall as to the status of the new agreement for the Senior Hospitality Center’s new bus as the agreements are specific to the bus.

11:35 a.m., Those present briefly discussed how the Translator District Board has made a request to surplus an older snowmobile the District used to use and they questioned the process.

Clerk Glenda Poston and Attorney Phil Robinson left the meeting at 11:39 a.m.

11:39 a.m., Deputy Clerk Nancy Ryals joined the meeting.

Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 11:42 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to deny indigent application #2011-33 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously. 

Deputy Clerk Nancy Ryals left the meeting at 11:45 a.m.

Commissioners recessed for lunch at noon.

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

1:30 p.m., Phil Allegretti with Panhandle Pest Control joined the meeting to give an update on the status of funding for mosquito studies.

Mr. Allegretti discussed a source for mailing in mosquitoes for testing. Mr. Allegretti said he will only put out three traps this year. There will be additional expenses as funding has been cut, but Mr. Allegretti agreed to keep his compensation for the contract the same. Commissioners and Mr. Allegretti discussed drafting a new contract to include an auto renewal clause.

Mr. Allegretti left the meeting at 1:45 p.m.

There being no further business and there being no quorum for Tuesday, May 24, 2011, the meeting adjourned at 1:55 p.m.

                                                /s/

                                                RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy