County Commission minutes, September 12-13

October 29, 2011

Monday, September 12, 2011, Commissioner met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

 

Blue Sky Broadcasting Reporter Mike Brown was in attendance throughout the day.

 

Commissioner Dinning asked Commissioners if they, as individuals, would like to support naming the soccer fields after John Lindberg.

 

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall did not present a written report.

 

Mr. Gutshall said he has done some grader patching and hot mix patching at the end of Moon Shadow. Mr. Gutshall said he is close to running out of funds for this work. Mr. Gutshall further explained the work done to Moon Shadow.

 

Chairman Smith asked the status of Deep Creek Loop. Two sections of paving have been done, but Mr. Gutshall said he doesn’t have a mechanism to complete the third section. Some engineering will be done and then a decision will be made whether or not to apply for more federal aid project monies for this project. Chairman Smith questioned if there was a way to finish paving the last part of Deep Creek Loop if more money was obtained and Mr. Gutshall said no. Mr. Gutshall said the best to hope for is doing more than what is programmed so sloughing wouldn’t happen again such as put the road back to a safety standpoint for the public.

 

Mr. Gutshall said more work has been done to Blume Hill Road and now work on drainage is being done to catch that up. Mr. Gutshall reminded Commissioners he will be out of the office for about a week or two in October and his office manager will attend the Local Highway Technical Assistance Council (LHTAC) meeting this time.

 

Mr. Gutshall spoke of the Local Emergency Planning Committee (LEPC) meeting where communications was discussed.

 

Mr. Gutshall left the meeting at 9:30 a.m.

 

Commissioner Kirby moved to approve the minutes of August 15 & 16, 2011 and August 22 & 23, 2011. Commissioner Dinning second. Motion passed unanimously.

 

Commissioners tended to administrative duties.

 

Commissioner Dinning moved to approve and sign the City/County Service Agreement. Commissioner Kirby second. Motion passed unanimously.

 

Deputy Clerk Nancy Ryals joined the meeting at 9:45 a.m.

 

Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 9:50 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Dinning moved to deny indigent application #2011-54 as the application has been withdrawn. Commissioner Kirby second. Motion passed unanimously.

 

Deputy Clerk Nancy Ryals left the meeting at 9:51 a.m.

 

Clerk Glenda Poston joined the meeting.

 

Clerk Poston met with Commissioners to present the original petition received from Boundary Volunteer Ambulance that contains 65 signatures of residents in favor of forming an ambulance service district. Boundaries of the district will include all of Boundary County. Clerk Poston said the minimum requirement was to have 50 signatures so the petition is more than adequate. The Boundary Volunteer Ambulance Association still needs to deposit funds for the newspaper publications of the public hearing. The Ambulance Association needs to pay the County Clerk for those publications beforehand. Clerk Poston said she has been in contact with Attorney Robinson so the progress is on track. Once notice of public hearing has been posted in the newspaper and the hearing has been held, Commissioners can recess up to 30 days for determination or they can approve the formation of a district by resolution right away. Clerk Poston said she encouraged Boundary Volunteer Ambulance Chief Ken Baker to be very up front with what the Ambulance Association needs due to what has happened in the past with other districts. Those present mentioned the possibility of exemption. Chairman Smith asked what it takes for exemption and Clerk Poston reviewed personnel property information in Idaho Code. Clerk Poston said going back to the proposed District, based on property values and what Commissioners can levy up to, the maximum amount is $345,000, or up to $40 per $100,000 taxable value.  

 

Commissioner Dinning moved to accept the petitions to form an Ambulance District and to set the date for a public hearing after costs for three publications of notice of public hearing have been received by the County Clerk and after information supporting the Ambulance Association’s reasons for forming a district has been received from the Boundary Ambulance Association. Commissioner Kirby second. Motion passed unanimously.     

 

Mr. Brown asked if there is time for an advisory vote and Clerk Poston said in the particular section of Idaho Code, it doesn’t talk about an advisory vote. Clerk Poston reviewed aloud the Idaho Code section being questioned. 

 

 The meeting ended at 10:45 a.m.

 

Commissioners reviewed the claims for payment. Fund totals are as follows:

 

Current Expense                                     $30,825.00

Road & Bridge                                      279,769.46

Airport                                                      3,806.90

Ambulance                                                 8,000.00

District Court                                             3,658.30

Justice Fund                                             52,763.36

911 Funds                                                  2,798.44

Indigent & Charity                                    27,280.66

Junior College Tuition                               22,599.50

Parks and Recreation                                14,135.91

Animal Damage Control                              5,000.00

Revaluation                                                 1,506.92

Solid Waste                                              58,723.23

Tort                                                               589.00

Veterans Memorial                                          67.41

Weeds                                                     15,399.50

Restorium                                                 16,249.89

Snowmobile                                               3,000.00

Waterways                                               13,726.66

Airport Grant                                            31,781.87

Fire Mitigation Grant                                 64,445.00

 

                          TOTAL                     $656,127.01

Trusts

Auditor’s Trust 895.10

Drivers License Trust                                  8,819.50

Magistrate Trust                                       33,460.71

Motor Vehicle Trust                                 86,584.50

Sheriff's Trust Fund                                        140.55

 

                        TOTAL                       $129,900.36

                       

                        GRAND TOTAL      $780,027.37

 

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2011).

 

Commissioners recessed for lunch at 11:15 a.m.

 

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

 

1:30 p.m., Commissioners held a bid opening for asphalt concrete paving for Blume Hill Road. Present was Chairman Smith, Commissioner Dinning, Commissioner Kirby, Deputy Clerk Michelle Rohrwasser, Scott Wood of Wood’s Crushing and Hauling, Lanny Beck of Interstate Concrete and Asphalt, and Road and Bridge Superintendent Jeff Gutshall. The bid opening was recorded.

 

The first sealed bid opened was from Wood’s Crushing and Hauling. An official check totaling 5% of the total amount bid was included in the bid packet. The total amount received was $111,750.

 

The second sealed bid opened was from Interstate Concrete and Asphalt. A bid bond totaling 5% of the total amount bid was included in the packet. The total amount bid was $117,445.  

 

Mr. Gutshall said he has budget for either one of the bids.

 

Commissioner Dinning moved to accept the bid totaling $111,750 from Wood’s Crushing and Hauling for asphalt concrete paving on Blume Hill Road. Commissioner Kirby second. Motion passed unanimously.

 

The bid opening ended at 1:40 p.m.

 

Commissioners tended to administrative duties.

 

2:00 p.m., Summer McDonald with the Idaho Department of Labor joined the meeting.

 

Ms. Summer handed Commissioners an invitation to attend a listening tour in Bonners Ferry with Roger Madsen, Director for the Idaho Department of Labor. This meeting is set for September 28, 2011 from 10:30 a.m., to noon at the Bonners Ferry Visitor’s Center. This is just a listening session focused on business matters, according to Ms. McDonald. Ms. McDonald said Mr. Madsen makes it a point to stop by every so often to come and talk to all Idaho Department of Labor employees. Mr. Madsen said when he comes to visit he really wants to be there and he is so sincere, according to Ms. McDonald.

 

Ms. McDonald left the meeting at 2:10 p.m.

 

2:15 p.m., Tom and Sheryl Bennett and Road and Bridge Superintendent Jeff Gutshall joined the meeting. The Bennett’s met with Commissioners to request guardrails be placed along Kent’s Gulch Road. Mr. Bennett explained where his wife would like to have guardrails installed. And those present discussed how slick and dangerous this steep road gets in the winter time. Mr. Gutshall presented an aerial photo of Kent’s Gulch Road to the Bennett’s in order for them to show him what area they are talking about. Mr. Bennett said he wanted to thank the Road and Bridge Department as they do sand the area and they do a really good job, but a car can still slide down onto the County road. Mr. Bennett said he has slid down that road sideways himself. Mr. Bennett said he really appreciates Road and Bridge for their work in sanding this road.

 

Mr. & Ms. Bennett left the meeting at 2:25 p.m.

 

There being no further business, the meeting recessed until tomorrow at 9:30 p.m.

 

Tuesday, September 13, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

 

9:30 a.m., Solid Waste Superintendent Claine Skeen joined the meeting to give the departmental report. Treasurer Jenny Fessler and Clerk Glenda Poston also joined the meeting.

 

Commissioners contacted County Attorney Phil Robinson via telephone to clarify matters pertaining to roles and responsibilities in forming an ambulance taxing district. Commissioners discussed waiting to publish notice of public hearing and setting a date for a hearing until Commissioners have had a formal representation from those requesting a district as a full board with attorney present to answer questions and concerns and to explain how business matters will move forward as the district is formed. Commissioners asked if they have the ability to go through the public hearing process, deny the request to form a district, and then hold an advisory vote. Attorney Robinson said yes and an advisory vote could even be done before the election. Chairman Smith said if the County did that and the voters don’t want the district, Commissioners would really be in between a rock and a hard spot. Attorney Robinson said absolutely.

 

Commissioner Dinning moved to hold off on setting a date for a public hearing for an ambulance district formation until such time a formal representation from those requesting a district has been made and all questions and concerns have been answered to County satisfaction. Commissioner Kirby second. Motion passed unanimously.

 

The telephone call with Attorney Robinson ended at 9:50 a.m.

 

Treasurer Fessler briefly discussed a matter involving delinquent taxes that could result in a tax deed. A property owner has received numerous extensions in paying their year 2007 property taxes and to this date the 2007 taxes have not been paid in full.

 

Commissioner Kirby moved to proceed with tax deed process for parcel #RP60N01W24450A if the year 2007 taxes have not been paid on or before October 3, 2011. Commissioner Dinning second. Motion passed unanimously.  

 

Treasurer Fessler and Clerk Poston left the meeting at 10:05 a.m.

 

Mr. Skeen and Commissioners discussed tonnage and revenue generated by recycling within one year’s time. Mr. Skeen said Boundary County has recycled 20 more tons over last year. The figures seem to be climbing and that is good, according to Mr. Skeen.

 

Mr. Skeen presented statistics to Commissioners pertaining to recycling. The amount of plastic that was baled prior to the co-mingle program was 22.93 tons. The co-mingling program that began August 2011 has totaled 22.6 tons so far. Now that the County has started co-mingling everything together totals 437.5 tons. After reviewing tonnage figures Commissioner Dinning questioned what caused a reduction of almost 9 tons from going into the landfill. Mr. Skeen said more people are participating in recycling. With the monitored sites and extracting metal and wood, the figure of 20 tons in the landfill has been reduced to only 11 tons. Commissioner Dinning asked Mr. Skeen if he has figures prior to establishing monitored sites and Mr. Skeen said yes. Baled metal has also increased, according to Mr. Skeen. Commissioner Dinning said we as a community generated 20 tons of garbage and through Mr. Skeen’s figures, recycling has risen. The rest of the 9 tons either came from increased recycled wood or metal piles, according to Commissioner Dinning. Commissioner Dinning asked Mr. Skeen if he has tonnage figures for chippage and if those figures didn’t increase by seven or so tons per day, what caused the decrease in tonnage that goes into the landfill. Mr. Skeen said implementing the monitored sites and doing away with unmanned sites is where the reduction is. Mr. Skeen explained that with unmanned sites, people would put metal into the bins that would get put into the hole. Mr. Skeen said he would go back three years and get tonnage figures for metal and wood debris that was hauled out of the landfill and then total what is being recycled today. Mr. Skeen said he will obtain the statistics Commissioner Dinning is looking for. Commissioner Dinning asked if the County would save any money by having someone local haul the tires as even if the County broke even, it would be providing employment to someone.

 

The meeting with Mr. Skeen ended at 10:30 a.m.

 

10:30 a.m., Boundary Volunteer Ambulance Chief Ken Baker joined the meeting at Commissioners’ request. Clerk Glenda Poston also joined the meeting. Commissioners asked Mr. Baker to present them with the facts and figures for a proposed ambulance district prior to publication of a public hearing in the newspaper. Commissioner Dinning explained that Commissioners don’t have any idea what the Ambulance Association is thinking in terms of what is needed to operate a district including financial needs. Commissioner Dinning also asked Mr. Baker to provide information on what Commissioners’ role is expected to be. Mr. Baker said if the proposed ambulance district was able to receive the maximum amount of funding from the County, there would still be a shortfall. Commissioner Dinning asked how much the Association will be asking. Mr. Baker said the full amount allowed will be requested. Mr. Baker listed a facility, vehicles, and equipment as what is needed. A facility was mentioned so the ambulance equipment and apparatus can be moved out of the County’s building. Commissioner Dinning said what is needed to be explained for the public hearing is why the Association is not profitable.

 

Those present briefly questioned ownership of equipment and Mr. Baker said all equipment is currently owned by Boundary Volunteer Ambulance Association. Mr. Baker informed Commissioners the Ambulance Association also performs rescues and extrication and although they don’t have the proper equipment, they do it anyway. Mr. Baker said some equipment is not available to Boundary Volunteer Ambulance as it belongs to Search and Dive Rescue. Chairman Smith asked why Search and Rescue would have equipment and not have it available. Mr. Baker said Commissioners would have to check with Search and Rescue Commander Edith Stolley as to why she hasn’t shown up with equipment. Clerk Poston said if equipment is available through Search and Dive Rescue, could a memorandum of understanding be put in place so other entities could use the equipment.

 

Those present discussed the audit for the Ambulance Association. The latest audit is not complete, but Mr. Schulte said he is getting closer to completing it, according to Mr. Baker.

 

Boundary Economic Development Specialist Mike Sloan joined the meeting briefly.

 

Mr. Sloan said Jay Huggins is working with a company that is looking to operate their business in the Three Mile area and they have an interest in the Foreign Trade Zone. Chairman Smith explained Boundary County’s role in Foreign Trade Zone #242. Contract information for the Foreign Trade Zone was given to Mr. Sloan.

 

Mr. Sloan left the meeting.

 

Commissioners spoke to Attorney Robinson via telephone in the company of Mr. Baker to clarify how it is important to have specific details available for the public hearing on forming an ambulance district. It was said the information needs to come from the Ambulance Association as Commissioners will not have an idea of what costs are involved. If Commissioners were to levy for ambulance services it would take many years to raise funds due to levy limits. Clerk Poston said the maximum levy rate for ambulance services at this time is .0002 or approximately $170,000 to $175,000. The County could levy that amount, but would have to reduce the budget in other areas. It was said the only way to levy enough money is to form a district.

 

The telephone call with Attorney Robinson ended.

 

Commissioner Dinning said he and Mr. Baker have miscommunicated as he has heard that Mr. Baker is alleging that one Commissioner wasn’t in favor of a district, but no Commissioner is against the ambulance.  

 

The meeting with Mr. Baker ended at 11:25 a.m.

 

Commissioner Dinning moved to adopt Resolution 2011-45. A resolution increasing Fiscal Year 2010-2011 Current Expense Planning and Zoning Budget due to receipt of unanticipated revenue. Commissioner Kirby second. Motion passed unanimously. Resolution #2011-45 reads as follows:

Resolution 2011-45

 

Increasing Fiscal Year 2010-2011 Current Expense Planning & Zoning Budget

Due to Receipt of Unanticipated Revenue

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Current Expense Planning & Zoning Fund for fiscal year 2010-2011; and

 

                WHEREAS, Planning & Zoning Administrator Mike Weland attended a Flood Plan Management Conference in Washington, D.C. and Mr. Weland’s airfare, for a flight on May 8, 2011 and return flight on May 13, 2011, was paid for from the Current Expense Planning & Zoning Budget in the amount of $744.80; and

 

WHEREAS,  Homeland Security reimbursed Mike Weland for the airfare for his Washington D.C. trip and Mike Weland has reimbursed Boundary County in the amount of $744.80; and

 

                WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to increase the Fiscal Year 2010-2011 Current Expense Planning & Zoning Budget for that purpose; and

 

                WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and

 

                WHEREAS, it is appropriate to increase the fiscal year 2010-2011 Current Expense Fund revenue account number 001-00-0391-0004 and Current Expense Planning & Zoning Budget expense account number 01-19-439-00, Travel - Other, in the amount of $744.80; and

 

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

 

                IT IS RESOLVED that the increase to the fiscal year 2010-2011 Current Expense Fund revenue account number 001-00-0391-0004 and Current Expense Planning & Zoning Budget expense account number 01-19-439-00, Travel - Other, in the amount of $744.80 is hereby authorized and ordered; and  

 

                IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

               

DATED this 26th 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 #251844

 

There being no further business, the meeting adjourned at 11:25 a.m.

 

                                                           

                                                                        /s/

                                                                        RONALD R. SMITH, Chairman

ATTEST:

 

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk