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Monday,
September 5, 2011, Commissioners
did not meet in regular session due to the Labor
Day Holiday.
Tuesday,
September 6, 2011, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held a
public hearing for the fiscal year 2011-2012
County budget. Present were: Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, Clerk Glenda Poston, Deputy Clerk
Michelle Rohrwasser, Assessor Dave Ryals, Solid
Waste Superintendent Claine Skeen, Wilma Devore,
Larry Dirks, Donna Standley, Treasurer Jenny
Fessler, George Schernitzki, Elaine Sandman, and
Road and Bridge Superintendent Jeff Gutshall.
The public hearing was recorded.
Chairman Smith presented
copies of the proposed budget to those
requesting one and explained the review and
question process. Chairman Smith said included
in the budget information are budget points of
interest and documents showing the total
proposed budget, cash carry forward balance,
property tax replacement information, and other
revenues not shown in the property tax
replacement. Chairman Smith explained the first
page of the handout contains market value
information.
Chairman Smith said for the
record there were four elected officials present
and he wanted to thank all elected officials and
department heads for submitting their budgets
and knowing where the County is at financially
and the problems the County is facing.
Chairman Smith said the
second page of the budget handout lists all the
entities that have a budget and Column #2 shows
what each of those entity’s budgets are.
Chairman Smith explained that each budget is
made up of cash carry forward, revenues, and
property tax replacement figures and the
difference between the total budget amount and
the sum of the cash and revenues is that amount
that is levied. Chairman Smith said this is the
closest estimate at this point in time as there
is still one month left of this budget year to
go. Chairman Smith said when elected officials
and department heads are working on their new
budgets, Commissioners ask them not to request
any more than what is needed and they have done
a good job at that. Once budgets are turned in,
Commissioners will ask that elected officials
and department heads not spend all of their
budgets as they have to bring cash forward to
start the following year. Chairman Smith said
that is tough to ask, but it is the only way
without increasing budgets and increasing the
levy over the 3%, which can’t be done anyhow.
Chairman Smith asked Clerk
Glenda Poston to explain the column listed as
“other revenue that is not shown with property
tax replacement”. Clerk Poston said property tax
replacement is agriculture replacement money
from personal property that is a set amount and
has been in effect for approximately 10 years.
Until Idaho Code changes, these figures will
continue to be, according to Clerk Poston.
“Other revenue” is the revenue that comes into
the County and Chairman Smith listed an example
of the Restorium. The Restorium receives a lot
of its revenue through room rents, which this
year should be approximately $500,000. Chairman
Smith said this information shows “other
revenue” for the Restorium at $521,912, but some
of that is probably sales tax that is received.
Also included in “other revenue” are grant
funds, but if the County is not awarded a grant,
those funds cannot be spent so a lot of the
figures are just proposed.
Clerk Poston spoke of
payment in lieu of taxes (PILT) funding, which
is for federally owned lands and that figure is
spread throughout the County funds. Chairman
Smith said PILT funds are based on a per acre
figure. Commissioner Dinning said
Boundary
County has approximately 470 acres
of federally owned land. Instead of paying taxes
on this land, the federal government provides
PILT in lieu of taxes. Chairman Smith said if
that program is not continued, the County will
have trouble. Clerk Poston explained that Road
and Bridge funding consists of Secure Rural
School (SRS) funds and this is to be the last
year the County receives this funding.
Commissioner Dinning
mentioned PILT again and said for clarification
the Idaho Department of Fish and Game provides
funding in the form of “fees” in lieu of taxes
(FILT). Chairman Smith said for the last two
years, the County has received 100% of PILT
whereas before only 70% had been received and he
hoping PILT will continue.
Chairman Smith said SRS
funds or Craig Wyden funds consist of timber
receipts from the national forest. Counties used
to receive 25% of the timber receipts and that
amount was split between the school district and
roads. Chairman Smith said five to ten years ago
the government came up with an average of all
counties in the United States that receive this
funding so there was a good idea of how much one
of those counties would receive each year.
Chairman Smith said the County would like to
return to the formula of 25%.
Boundary County
should receive one more SRS payment in February
and at this point, those funds have not been
reauthorized. Out of the SRS payment, at least
one million dollars goes toward Road and Bridge
and approximately $400,000 to $500,000 is
designated to schools. Clerk Poston said the
County doesn’t levy for taxpayer dollars for the
Road and Bridge Department. Clerk Poston said
the County also receives highway user
fees/taxes, which also funds Road and Bridge.
There are other fees received including fines,
driver’s license and auto license fees, rentals,
and grants. Clerk Poston informed those present
Boundary
County expects to receive $1,025,000
for the Airport Improvement Grant, but again
funds are spent as grant funds are received. The
County receives sales tax and revenue sharing
funds from the State and
Boundary County
was a recipient of approximately $35,000 in
lottery funds. These lottery funds can only be
used for juvenile probation programs and cannot
be used to fund salaries. Boat safety funds are
received via user fees and are not levied. The
Waterways Department also generates user fees.
The Waterways Department is currently updating
the restrooms at a boat launch, but those
improvements are also covered by user fees and
not by taxes, according to Clerk Poston.
Clerk Poston referred to
the information for Emergency Communications and
said the County receives 25¢ per phone line per
month to help in applying for grants to assist
the County’s enhanced
9-1-1 system. Those are just some of
the revenues, according to Clerk Poston. Clerk
Poston explained the long process involved in
the enhanced 9-1-1 system.
Clerk Poston said she
provided a summary, which is the first page of
the handout. Chairman Smith said this form shows
market value at $863,941.278. The County is only
able to increase the levy by 3% and for this
coming fiscal year that comes to a levy amount
of $4,248,952. That is an increase of $172,175
from the prior year, according to Chairman
Smith. The 3% equates to $123,766 and the new
construction roll budget increase totals
$48,409. The total of those two is the total of
$172,175, according to Chairman Smith. Chairman
Smith said Clerk Poston also provided
information on the County’s market value and
levy amounts from years 2005 through 2011 as
well as the County’s new construction value
during those same years.
Chairman Smith said
Commissioners received a telephone call from
someone who had been listening to the radio and
thought she heard it was the County that was
going to raise taxes a great deal, but that
turned out to be something involving the City of
Bonners Ferry and
annexation. Chairman Smith said he looked back
and strictly for the County, not schools or
other taxing districts, the calculated levy will
equate to $491.81 on a value of $100,000. The
year prior had a levy rate equaling $472.59 on a
value of $100,000. From last year to now that is
an increase of $19.22 per $100,000. Chairman
Smith said he found it interesting that for year
2005, the levy rate equated to $500.38 per
$100,000 and for every year after that, the levy
rate has been less. Clerk Poston said because of
recycling efforts, the County doesn’t have to
raise fees for the Solid Waste Department so
that figure will remain the same. Chairman Smith
said the word is just not out in the community
that the County is co-mingling recyclables now,
with the exception of glass.
Clerk Poston said the
County now runs all elections for other
districts, but the County receives funds from
the State to do that. Chairman Smith and Clerk
Poston briefly mentioned the polling places for
elections.
Commissioner Dinning
informed those present that the cost of health
insurance benefits has increased 5% and workers
compensation has also increased. Clerk Poston
said there is no cost of living increase this
year. Commissioner Dinning said the County
continues to have raises in things that counties
are mandated to pay. Clerk Poston said
Boundary
County employees participated in an
Idaho Counties Risk Management Program (ICRMP)
training program that helped reduce liability
insurance premiums by $10,000, but there had
also been an increase there.
Commissioners opened the
public hearing to public comment.
Donna Standley referred to
the allowed 3% levy rate increase and she asked
if that is included in this budget. Chairman
Smith said yes. Ms. Standley questioned if
Commissioners honestly believe the average
income in Boundary
County has increased 3% and how are
we to pay this if our income is not increasing.
Chairman Smith said this increase is affecting
him too as we all have to pay. Chairman Smith
said this is 3% of the total levy, which is
$172,175 and that is what Commissioners see as
what it takes to operate county government. Ms.
Standley said people still have to operate a
home and family and these people aren’t getting
a 3% increase so they have to stretch and make
what they earn to cover the cost so why can’t
the County do that. Ms. Standley said she knows
it isn’t easy as it isn’t easy for anyone.
Chairman Smith said the County doesn’t know how
it is going to operate if they don’t have the 3%
increase. Ms. Standley questioned how does a
home operate? Chairman Smith briefly mentioned
the school levy passing recently and he said he
didn’t know how to answer Ms. Standley. Chairman
Smith said the County does have the circuit
breaker program for property tax relief for
property owners of a certain age and income.
Assessor Ryals explained
the circuit breaker program as a program that is
funded by the State. This is a program mostly
for seniors ages 65 and older, but there is an
income requirement along with that. Assessor
Ryals said if someone is making less than
$28,000 and is a senior, or if someone is
disabled, as there are a few other qualifiers,
that person can receive assistance by the State
of Idaho
in paying their tax bill. Ms. Standley said she
doesn’t see how Commissioners, as the County,
can feel entitled to a 3% increase as all of the
costs are going up and that just isn’t happening
in the average home.
Commissioner Dinning said
to Ms. Standley that she knows him and the word
“entitled” that she used doesn’t accurately
describe Commissioners’ way of thinking.
Commissioner Dinning said Commissioners have
been through this and there are departments that
have not filled positions at the level they had
been before. The County has been mandated to
fill other positions as required by Idaho Code
with regulations that have come into affect.
Commissioners have asked all departments to
really keep budgets down and they have, but
there have been increases in effect that were
described such as insurance. Commissioner
Dinning said when he says health insurance, the
County has a health insurance plan already in
place prior to Obamacare coming in and
Commissioners were looking at that to help save
money by anything the County could do a couple
of years ago. After talking to the County’s
insurance carrier, according to the Obamacare
guidelines, if any change is made to the
County’s existing policy that was more than $50
per employee, the County would then have to
cover all mandated items that would far exceed
the cost the County would save. Commissioner
Dinning said the Sheriff’s Office was mandated
by the State to add at least one additional
employee to provide a different level of
coverage for the inmates. The County is going to
see a large increase in its workers compensation
rates. Commissioner Dinning said he has really
tried to see where the County can cut and last
year especially, the County reduced costs.
Commissioner Dinning said this year is where it
is and he is not saying it is nice, or that it’s
easy, or that Commissioners want to do this, but
to provide the things that are mandated and the
level of service the County has, this is where
we are at. Commissioner Dinning said to Ms.
Standley that he doesn’t like taxes any more
than she does.
Road and Bridge
Superintendent Jeff Gutshall joined the meeting
at 9:30 a.m.
Mr. Gutshall asked to
interject and he mentioned the cost increases.
Mr. Gutshall said the cost of diesel and the
cost for the County to plow the roads has
doubled and tripled. Mr. Gutshall said he has
340 miles of road to cover.
Commissioner Dinning said
he personally has really gone over the budget.
And last year, Commissioners know that if a
department didn’t spend $100 of their budget,
their budget was cut back. There was a huge cut
taken last year, according to Commissioner
Dinning. Commissioner Dinning said Commissioners
don’t feel the County is entitled to a 3%
increase, but are just trying to operate.
Ms. Standley said
co-mingling was just mentioned and she
questioned what the purpose is and if
recyclables were going into the landfill. Mr.
Skeen said recycling is a part of his
department’s revenue. Mr. Skeen said any
recycling other than glass earns a small
revenue. Boundary
County’s biggest thing is the small
community exemption as the County can only bury
20 tons of garbage per day, according to Mr.
Skeen. By starting co-mingling it is easier to
house recyclables by having only two containers
instead of six or so and with the system used
last year, the County was able to recycle
approximately 400 or so tons of material that
could be recycled rather than put into the
landfill. This year, that number has already
been reached and exceeded. Mr. Skeen said last
year, the County made approximately $26,000 in
revenue just in the recycle program. The more
people recycle, naturally the more revenue that
comes in and last year the County was able to
reduce the solid waste fee $10 across the table,
according to Mr. Skeen. Ms. Sandman mentioned
that Ms. Standley’s question was why are
recyclables co-mingled and does that mean
someone has to be paid to go in and separate it.
Mr. Skeen explained that normal household
recyclables are put into one container that is
then hauled to Spokane Recycling in
Spokane
where it is separated. Chairman Smith said the
recyclables never go into the landfill. Mr.
Skeen said the County earns revenue and Spokane
Recycling takes care of paying their employees
to separate the recyclables.
Restorium Administrator
Karlene Magee joined the meeting at
9:30 a.m.
Ms. Sandman said her point
was that someone else is doing the separation
somewhere else. Mr. Skeen said that is correct,
but Boundary
County
is not paying someone else to separate
recyclables. Ms. Standley asked if the County is
receiving less money because items are
co-mingled and Mr. Skeen said no. Mr. Skeen said
the County still makes the same amount, or
actually more because more product is recycled
at a price per pound. Ms. Sandman said it is
just good that the County is not making less
money and doesn’t have to pay to have it
separated as that was the concern.
Ms. Sandman said knows
people receiving social security benefits and
that is changing as well. These people haven’t
had a cost of living increase in three years.
Ms. Sandman mentioned that everyone has said
that taxes have stayed the same, but all her
friends that have retired from the military and
using herself as an example, she is losing
$386.40 each year because more taxes have come
out. Ms. Sandman asked how many houses are in
foreclosure. Ms. Sandman said county government
has to run and has to provide things, but it is
time for this County to start looking at not
just normal ways of operation. We need to look
for people who are willing to come and drive a
snowplow once in awhile and have it covered by
their own insurance. Ms. Sandman said people
need to help each other out such as in the barn
raising days. Ms. Sandman said there are how
many families that have been packed up and moved
by their churches. This County is going to run
out of people to be able to keep County
government running.
Mr. Schernitzki said he is
here on a misconception as he heard on the radio
the County was going to issue close to a 5%
increase in taxes. Mr. Schernitzki said he has
now learned by listening to Commissioners in
these last few minutes what it takes to do this
job. Mr. Schernitzki said he is retired and he
has worked his entire life to earn a little bit
of income besides his retirement. Mr.
Schernitzki said three years ago he and his wife
could go somewhere and enjoy life and his
retirement, but today his wife had to go to work
because they have lost 30% of his income. Mr.
Schernitzki said he still gets the same income,
but it just costs 30% more to survive. Mr.
Schernitzki said Commissioners are going to have
to come to grips with the fact that this is a
large community of retired people. These people
have a set amount of income and they can’t
change it. Everything the County does to people
takes away from their life style. Mr.
Schernitzki asked if Commissioners have had a
pay raise in the last three years and Chairman
Smith said no. Clerk Poston said she believes
the last pay increase was in April 2009. Mr.
Schernitzki said that is fine and if
Commissioners want to increase people, then they
can have a decrease in the County as he is
willing to give the County a 2% to 2.5% increase
in his taxes if Commissioners are willing to
take a 2% to 2.5% cut in their wages. Chairman
Smith thanked Mr. Schernitzki for his comments.
Ms. Sandman said people in
the community are leaving and that is a fact.
Mr. Schernitzki said there are 200 homes for
sale right here right now and there are
foreclosures up to your ears. Somebody has to do
something and take the bull by the horns or this
County is going to go downhill just like the
rest of the country, according to Mr.
Schernitzki. This is not just a county or a
state issue, it is a
United States
issue and it starts here. Ms. Sandman said there
are a lot of people who are willing to be
covered by their own insurance to help with
snowplowing and to help with different things,
but everyone is so paranoid about insurance and
the fact that someone might sue. Ms. Sandman
said there is enough legal things and precedence
here that people could help each other like they
used to barn raise and things like that. Ms.
Sandman said she doesn’t think that
Idaho
is a "sue happy" state. Chairman Smith said
there are a lot of liability issues there and
Ms. Sandman reiterated that she doesn’t think
this is a sue-happy area here or that
Idaho
has ever been one, which is one of the reasons
she moved here.
Chairman Smith asked for
further comments and no further comments were
made.
Chairman Smith reviewed the
proposed budget resolution aloud prior to
adoption.
Commissioner Dinning moved
to adopt Resolution 2011-44. A resolution
adopting the fiscal year 2011-2012 County
budget. Commissioner Kirby second. Motion passed
unanimously. Resolution #2011-44 reads as
follows:
RESOLUTION 2011-44
A
RESOLUTION TO ADOPT THE FISCAL YEAR 2011-2012
COUNTY
BUDGET
WHEREAS, on the 6th day of September, 2011, at
the Boundary County Courthouse in Bonners Ferry,
Idaho; the Board of County Commissioners held
the fiscal year 2011-2012 budget hearing for
Boundary County, and
WHEREAS, the budget hearing was held in
accordance with Idaho Code 31-1604 and Idaho
Code 31-1605, and
WHEREAS, the proposed budget was duly printed in
the Bonners Ferry Herald on
July 28, 2011,
and
WHEREAS, there was citizen input on the budget
as proposed, and
WHEREAS, having considered the budget needs and
available revenue,
NOW THEREFORE BE IT RESOLVED, that the Board of
Boundary County Commissioners hereby unanimously
adopt the fiscal year 2011-2012 budget as
attached for
Boundary
County.
DATED AND DONE this 6th day of September,
2011
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/
RONALD R. SMITH, Chairman
s/
DAN R. DINNING, Commissioner
s/
WALT KIRBY, Commissioner
ATTEST:
s/
GLENDA POSTON, Clerk of the Board of
County
Commissioners
Recorded as instrument #251766
Commissioner Dinning
thanked those present for their comments and
asked them to keep involved with Commissioners.
Commissioner Kirby
mentioned he felt it would be beneficial to have
a report that would show everyone the cuts the
County departments have made to keep the budget
low and not raise it in various areas.
Commissioner Kirby said it would be interesting
to have a document showing budget cuts by each
department. There are less employment costs as
there are fewer employees. The reason for the
budget is all inflation and there is no more
going on in the County, maybe even a bit less
than last year and yet the cost keeps
increasing. Commissioner Kirby said it isn’t the
cost it is just numbers and inflation. The
inflation rate is whatever it is as he doesn’t
know what it is, but it is far more than 3% he
is sure. Commissioner Kirby said if the County
doesn’t take the 3% every year the County falls
behind by 6% the next year and we can’t afford
to fall back. It is simply the numbers game,
according to Commissioner Kirby. Between this
year’s budget and last year’s budget for
instance, you can see the landfill’s budget has
been cut back considerably, according to
Commissioner Kirby. Although the Road and Bridge
budget is separate as that budget is not levied
for, but you can see how costs have increased
tremendously for that department and yet the
services haven’t decreased. Commissioner Kirby
said it may be that Road and Bridge services
have even improved a bit as Mr. Gutshall has
figured out more economical ways to do things.
The County elected officials and department
heads watch very closely to not spend any more
than they did before, or not as much if at all
possible.
Commissioner Kirby said
that Ms. Sandman mentioned barn raising, etc.,
and if anyone had any idea how many volunteer
hours and volunteer dollars come into the County
it is astounding and those numbers don’t show up
here.
Mr. Gutshall said for his
Road and Bridge Department his employees work
for pretty low wages for their industry and if
they were in the private sector they would make
a lot more. Mr. Gutshall said someone mentioned
retirement and
Boundary
County being a retirement community.
Mr. Gutshall said someone also mentioned
people’s fixed retirements are being affected
and employees at Road and Bridge know that very
well as his employees are watching their
projected retirements decrease because when they
don’t get their pay increase their projected
retirements, which are pretty darn low, go even
lower.
Employees expect to have a retirement of
a certain amount if they make it to retirement
and now they’re looking at those benefits
decrease every year they don’t get a raise. Mr.
Gutshall said employees are also losing ground
so they know exactly what those here making
comments are talking about. County employees are
really in the same boat as well is the point Mr.
Gutshall said he is trying to make.
Commissioner Kirby said
sitting here as a
County
Commissioner
there is daily discussion and a meeting doesn’t
go by where the questions of what is it going to
cost, where does the money come from, and can we
do it isn’t asked. How can the County cut back
and still provide the services? Commissioner
Kirby said Commissioners are on top of it and
are watching it and are allowed to take a 3%
increase to offset inflation and that is what
Commissioners do to offset inflation. Mr.
Schernitzki said inflation has to be five to six
times that. Commissioner Kirby said that is
right and you can see us falling behind. Mr.
Schernitzki questions how someone wins.
Commissioner Kirby said that is a question for
another day as he doesn’t know.
Chairman Smith said the 3%
increase mentioned is in Idaho Code and in years
past, if the County wanted to raise the levy any
amount even 10% over the previous budget, the
County was able to do that. Chairman Smith said
so many years ago, Idaho Code changed and stated
that counties were only allowed to raise the
levy 3% and a lot of that is to protect the
public. Chairman Smith said Commissioners do the
best we can do, we do what we have to do in
order to operate County government and take care
of County employees and what they do for us. The
County utilizes volunteers when it can and they
have a lot of volunteers.
The budget hearing ended at 9:45a.m.
9:45 a.m., Restorium
Administrator Karlene Magee, Restorium Board
Chairman Larry Dirks, and Restorium Board member
Wilma Devore met with Commissioners to provide
an update on Restorium matters. Clerk Poston was
also in attendance. Those present discussed the
budget for the Restorium in relation to
available cash and payroll for the beginning of
the next fiscal year. Chairman Smith said he
takes total responsibility for the mix up that
is currently going on with the budget shortfall
as far as payroll. It was said there is a
question whether or not the October 2012 budget
will be sufficient to cover payroll until
January. There has been a discrepancy as to the
actual number of employees at the Restorium
versus the record of employees on file at the
Courthouse. The Restorium has 14 full-time
employees and if anyone of those people can’t
make it to work, someone else has to come in and
cover for them, but there is not budget for
those employees.
Ms. Devore said adding
those extra days off has impacted this. Clerk
Poston said there is $15,000 in the budget for
overtime and wages for the month of September is
approximately $35,000 so that is about $15,000
to $20,000 short. Chairman Smith suggested
waiting until the end of the fiscal year to see
how the budget looks. Chairman Smith said there
is a difference between budget and cash and if
an item is not in the budget, money can’t be
spent on that item, but transfers can be made if
there is a need.
The meeting on Restorium
matters ended at
10:00 a.m.
10:00 a.m., Planning and Zoning
Administrator Mike Weland and Chief Probation
Officer Stacy Brown joined the meeting.
Chairman Smith said a
conditional use permit for a gravel pit was
issued for Kevin McNally and Commissioners have
received a complaint that crushing is taking
place on Mr. McNally’s property. Mr. Weland said
he needs to contact County Attorney Phil
Robinson about this matter. There had been
crushing taking place, but Mr. McNally has since
shut down the crushing operation. Mr. Weland
said Mr. McNally may have to have the crushing
done somewhere else. Mr. Weland said the
crushing is for the Kootenai Tribe’s river
restoration project.
Mr. Weland left the meeting
at 10:04 a.m.
Ms. Brown met with
Commissioners to update them on Probation
Department matters. Ms. Brown said her
department has five kids in the Juvenile
Accountability Program. Overall there are 42
juveniles on probation with 10 new cases coming
in. Ms. Brown said anytime a juvenile gets
probation, she will automatically give them
community service. Ms. Brown informed
Commissioners that one of her employees has had
a large part in tracking down the youths
involved in graffiti and burglaries. There are
52 adults on misdemeanor probation and 88% of
those cases are alcohol related. There are 298
cases of unsupervised probation. Ms. Brown
updated Commissioners on the upcoming meetings
will she will attend.
Commissioner Dinning moved
to sign the Memorandum of Agreement to support
the Community Incentive Program (CIP), the
Re-Entry Program (REP), and/or the Mental Health
Program (MHP). Commissioner Kirby second. Motion
passed unanimously.
Ms. Brown left the meeting
at 10:25 a.m.
Commissioners tended to
administrative duties.
Commissioners spoke to
Attorney Phil Robinson via telephone to discuss
various matters. Clerk Glenda Poston and
Planning and Zoning Administrator Mike Weland
were also available.
Commissioners informed
Attorney Robinson they had received a complaint
about crushing taking place on Kevin McNally’s
property. It was said that crushing was opposed
in Mr. McNally’s conditional use permit. Mr.
Weland said he has sent a letter to Mr. McNally
about the violation and crushing has stopped.
Blue Sky Broadcasting
reporter Mike Brown joined the meeting at
10:40 a.m.
Mr. Weland said the crusher
belongs to the Kootenai Tribe as it is being
used for the river restoration project. Mr.
McNally has shut down the crushing operation and
Mr. Weland said Mr. McNally will most likely
need to have the crusher removed from his
property. Mr. Weland said the crusher is used
for the project so the equipment will probably
follow the project. Attorney Robinson said if
the crusher is moved from the property at least
it is not in violation of the County’s permit.
Chairman Smith said what has already taken place
is that Mr. McNally has stopped the operation.
It is fine for the crusher to sit on Mr.
McNally’s property, but it can’t be in
operation. Mr. Weland said if Commissioners
would like he could send a letter to those
writing the complaints to notify them the
crushing has stopped.
Road and Bridge
Superintendent Jeff Gutshall and Planning and
Zoning Commission Chairman Dan Studer joined the
meeting at 10:45
a.m.
Those present discussed
matters involving the Planning and Zoning
Ordinance issues. Chairman Smith said when the
hearing to address the Planning and Zoning
Ordnance ended last week he was stopped by the
Mr. Studer who informed him he didn’t think it
was appropriate for Chairman Smith to call out
Planning and Zoning Board member Matt Cossalman
like he did. Chairman Smith said when the
proposed ordinance went to the Planning and
Zoning Commission, the document has already been
reviewed by the County attorneys. The initial
question was if the issues of the gravel pit had
been resolved and Chairman Smith said to his
understanding the answer was yes.
County
Commissioners also made some other
minor changes.
Chairman Smith reviewed the
discussion of the hearing and said at this
point, if minor changes are made to the
ordinance and there’s not substantial changes
made then Commissioners can agendize adopting
the ordinance. Attorney Robinson said that was
correct. If substantial changes are made to the
ordinance, the hearing would need to reconvene
on the date of October 24th and the
hearing would be re-opened to public testimony
to address the changes. Chairman Smith said he
made his concerns known and it sounds like he
was the only one there questioning the issues.
Chairman Smith said he is ready now to make the
issues right and if there are no substantial
changes, he’s ready to adopt the ordinance.
Commissioner Dinning asked
Attorney Robinson if he had the opportunity to
go through the ordinance fully. Attorney
Robinson said he should be able to finish his
review with Mr. Weland’s notes by this Thursday.
Attorney Robinson said he is trying to review
the information sent to the Planning and Zoning
Commission and the issues that were sent back to
see if there was anything significantly
different. If it is just format there isn’t any
problem, but if there is something significant,
there needs to be more discussion, according to
Attorney Robinson.
Mr. Studer said he wanted
to emphasize a lot of changes to Chapters 15 and
16 are primarily structure and he thought it
also consisted of adding some examples like the
zip lines. The basic structure content was
changed and there was quite a bit of rewording
and clarification in order to have compliance
with definitions and other terms found elsewhere
in the document. Attorney Robinson said the
public hearing is on the post ordinance as it
was published. If there are just procedural and
word changes, then the County is fine to move
forward. Commissioner Dinning said in this
process, does the County have the ability to
adopt the map separate from the ordinance or
subject to ordinance adoption. Attorney Robinson
said the two have to stay in conformity. If
Commissioners adopted a map and then made
changes making an inconsistency, it is back to
holding a public hearing.
Mr. Weland and Mr. Studer
left the meeting.
Commissioners spoke to
Attorney Robinson about possibly abandoning
Lannigan Road.
Lannigan Road is
approximately 50 yards and is private at the
end. Only three properties use this road and Dan
Meeker is willing to issue easements for use of
this road if it is abandoned back to him.
Commissioners said Mr. Meeker informed them the
International Selkirk Loop will not allow him to
have a sign for his wife’s business unless the
sign is on his property with direct access to
the highway. Attorney Robinson said if there is
abandonment, the road law says the road goes to
land it adjoins. If the sign is on the premises,
the sign would be allowed.
Those present discussed the
matter involving the Bonneville Power
Administration (BPA) and the question of access
ownership. Mr. Gutshall said he doesn’t know why
the right-of-way couldn’t apply to the old
highway. Attorney Robinson said his only concern
is if the County claimed it is not a road, the
landowners will have to reflect adverse
possession was acquired. Mr. Gutshall said the
engineers for BPA just needs to have the County
acknowledge whether or not this access is a
County road. Attorney Robinson said if there are
affected property owners, they may come back to
the County and question. Mr. Gutshall said if
the County acknowledges the access is the
County’s right-of-way, matters will stay the
same and BPA will get a permit from the County.
Commissioner Dinning said this has to do with
BPA checking their property. Commissioner
Dinning said he wants to make sure Commissioners
express they haven’t maintained this road or
don’t wish to maintain it and that it was never
in the County road system. Attorney Robinson
said he thinks BPA and their Engineer, Mike
Gilroy, just want to know if the road is a
County road.
The call with Attorney
Robinson ended at
11:05 a.m.
Commissioner Dinning moved
to authorize the Chairman to sign the Sales
Agreement with DLB Associates in regards to
hardware maintenance for the AS400. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Dinning moved
to authorize the Chairman to sign the Idaho
Bureau of Homeland Security Subgrant Application
for Assistance for the 2011 Emergency Management
Program Grant. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved
to authorize the Chairman to sign the
Independent Service Agreement with Bill York
Crushing and Salvage for the Solid Waste
Department. Commissioner Kirby second. Motion
passed unanimously.
11:15 a.m., Commissioner Dinning
moved to go into closed session under Idaho Code
31-874. Commissioner Kirby second. Motion passed
unanimously. 11:18 a.m., Commissioner Dinning moved to go
out of closed session. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to approve non-medical assistance for indigent
application #2011-57 for cremation services or
in the amount of $1,907.10 as per the Clerk’s
recommendation. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to set monthly reimbursement for indigent
account #2010-65 at a minimum of $50 beginning
April 2012. Commissioner Kirby second. Motion
passed unanimously.
Clerk Glenda Poston left
the meeting at
11:20 a.m.
Commissioners spoke to
Noxious Weeds Superintendent Duke Guthrie
briefly via telephone to discuss a letter
received from the Idaho Association of Weed
Control Superintendents.
The letter requests support
for the Healthy Habitats Coalition (HHC). This
coalition promotes the protection, preservation
and restoration of the nation’s natural
resource, heritage and economic interest from
the negative impacts of harm by invasive
species. HHC seeks legislation and
appropriations that assist private, local,
state, federal land managers through state and
federal leadership.
Commissioner Dinning moved
to authorize the County Noxious Weeds Supervisor
to expend up to $100 to support the Healthy
Habitats Coalition. Commissioner Kirby second.
Motion passed unanimously.
Channing Nagel stopped by
to thank Commissioners for publicly supporting
Jeremy Hill.
11:30 a.m., Commissioners held a bid
opening for the County’s estimated fuel supply
for fiscal year 2011-2012. Present were:
Chairman Smith, Commissioner Dinning,
Commissioner Kirby, Deputy Clerk Michelle
Rohrwasser, Road and Bridge Superintendent Jeff
Gutshall and Jim Dyck from Dyck’s Oil and Auto.
The bid opening was recorded.
Commissioners received one
sealed bid from Dyck’s Oil and Auto, Inc., for a
total amount bid of $171,115. Included in the
bid was a check for 5% of the total amount bid.
Mr. Gutshall asked about
mark-ups and Mr. Dyck said the mark-up did not
change. Mr. Gutshall was asked to review the
budget for fuel and said the budget for fuel is
within $11,000 of the amount bid. Mr. Gutshall
said he doesn’t have a problem with the bid.
Commissioner Dinning moved
to approve the bid from Dyck’s Oil and Auto
totaling $171,115 for the County’s fuel supply
for fiscal year 2011-2012.
The bid opening ended at 11:40 a.m.
Commissioners recessed for
lunch at 11:45
a.m.
1:30 p.m., Chairman Smith
and Mr. Gutshall conducted a tour of various
County roads to see projects the Road and Bridge
Department is working on and to check conditions
of various roads.
There being no further
business, the meeting adjourned at
1:30 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy Clerk
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