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Monday, November 07, 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., Road and Bridge
Superintendent Jeff Gutshall joined the meeting
to give a departmental report. Mr. Gutshall did
not present a written report.
Mr. Gutshall said Road and
Bridge has placed gravel on
Kent’s
Gulch Road so in total this
road has received gravel, interception drainage,
rock lined ditches, guardrails, and widening,
etc. Mr. Gutshall said this week is a short week
due to Veteran’s Day, but on Thursday Road and
Bridge is working with Cabinet Mountain Water on
a hump on Paradise Valley Hill. Cabinet Mountain
Water will provide all materials and Mr.
Gutshall said he would provide some rock. Mr.
Gutshall said the work is to try to prevent
heaving in the spring. Mr. Gutshall said rumor
is that the Idaho Transportation Department
won’t be plowing at night this winter, but he
isn’t sure how that can happen on the State
highway.
Chairman Smith spoke of a
petition going around in his neighborhood that
talks about snow berms that get built up in the
neighborhood in addition to lack of street
lights that were to be placed once the area was
annexed into the City limits. Chairman Smith
said people wanted these issues to be addressed
prior to any additional areas being annexed. Mr.
Gutshall said he doesn’t know how the City deals
with the snow especially in the South Hill
neighborhoods as there is no place to put the
snow as they plow. Mr. Gutshall spoke of the
equipment used to plow snow and how the
condition of the snow can make it more difficult
to work with.
Mr. Gutshall spoke of
screening sand next week for sanding the roads
this winter and he added that he feels Road and
Bridge is ready for winter. Mr. Gutshall said
Road and Bridge will have a night shift during
winter regardless of what the State does. Mr.
Gutshall said he heard the State actually said
they would not have a night shift due to the
cost of additional snow plow graders. Mr.
Gutshall said for the past several years the
State had two full time night employees that
would plow the highways. Chairman Smith asked
about the school busses as they need to travel
the State highways.
Mr. Gutshall said the State
will have their winter informational meeting
this Thursday at the Visitor’s Center about this
winter’s maintenance schedule.
The Road and Bridge
Department report meeting ended at
9:20 a.m.
Commissioner Dinning moved
to approve the minutes of October 31 and
November 1, 2011. Commissioner Kirby
second. Motion passed unanimously.
Commissioners tended to
administrative duties.
9:30 a.m., Commissioners held a
public hearing on the proposed abandonment of
Hewitt Road. Present
were: Chairman Ron Smith, Commissioner Dan
Dinning, Commissioner Walt Kirby, Deputy Clerk
Michelle Rohrwasser, Road and Bridge
Superintendent Jeff Gutshall, Ray Chaffee and
Larry Hosterman with the Curley Creek Water
Association, and Blue Sky Broadcasting Reporter
Mike Brown. The hearing was recorded.
Chairman Smith said
Commissioners adopted Resolution #2011-46
declaring their intent to abandon
Hewitt Road, formerly
known as County Road
#73-B. Chairman Smith read Resolution #2011-46
aloud. Chairman Smith said it was Mark and Delia
Owens’ request to abandon this road. When Mr.
Owens met with Commissioners it was explained to
Commissioners no one else owned property along
Hewitt Road
and Hewitt Road
only served the Owens. Chairman Smith said
because the request was made he was hoping the
Owens would be present just in case there had
been any questions. Chairman Smith opened the
hearing to public comments.
Larry Hosterman said he is
on the Curley Creek Water Association Board and
the Water Association has their secondary well
house at the end of
Hewitt Road
approximately 150 feet to the left where
Hewitt Road
terminates. There is a shallow well and a backup
well in that location. The Water Association
needs 24 hour unimpeded access to the well
house, according to Mr. Hosterman. That well
access is needed in case of fire or if there is
a problem with the power to the other well so if
access to Hewitt Road
is closed there would be problems. Mr. Hosterman
spoke of questioning the need to plow as it is a
1,500 foot road. Chairman Smith said for
clarification that Curley Creek Water
Association has access to
Hewitt Road as this
point in time.
Jay Chaffee said he is the
Operator for the Curley Creek Water Association,
and he said Road and Bridge has plowed the road,
but not every snowfall. Mr. Chaffee said the
Water Association does have legal access to the
terminus of Hewitt Road
and the concern is to continue to maintain a
right-of-way for access to
Perkins Lake Road.
Road and Bridge has plowed to the turnaround,
according to Mr. Chaffee. It was said if the
County were to abandon
Hewitt Road, Curley
Creek Water Association would lose legal access
and Mr. Chaffee and Mr. Hosterman said yes.
Chairman Smith said if the County abandons the
road the Water Association would lose legal
access.
Mr. Gutshall said the
request for abandoning
Hewitt Road came up
during discussions with Mr. Owens’ property
surveyor. Chairman Smith said if
Hewitt Road is abandoned,
the Water Association no longer has access. It
was mentioned that Mr. Owens is also on the
Curley Creek Water Association Board, but has
not mentioned his request to abandon
Hewitt Road
to the Board.
Commissioner Dinning made a
motion to deny the request to abandon
Hewitt Road, formerly
County Road #73-B as
it will create an adverse impact on safety and
impact the residents served by Curley Creek
Water Association. Commissioner Kirby second.
Motion passed unanimously.
The public hearing ended at 9:46 a.m.
Commissioners tended to
administrative duties.
Commissioner Dinning
temporarily left the meeting to tend to another
matter.
10:15 a.m., Deputy Clerk Nancy Ryals
joined the meeting.
10:20 a.m., Commissioner Kirby moved
to go into closed session under Idaho Code
#31-874. Chairman Smith yielded the chair to
second. Motion passed unanimously.
10:21 a.m., Commissioner Kirby moved
to go out of closed session. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to
request a minimum of 30% of federal and state
tax refunds each year with a review for possible
monthly reimbursement to be held in one year.
The family is required to submit a copy of their
federal and state income tax returns to the
county assistance office no later than April 15th
each year they file returns. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to
write off indigent account #2006-37 in the
amount of $1,950.00 as the client is deceased
and left no estate. Chairman Smith yielded the
chair to second. Motion passed unanimously.
Deputy Clerk Nancy Ryals
left the meeting at
10:25 a.m.
Treasurer Jenny Fessler and
Clerk Glenda Poston joined the meeting.
Commissioner Dinning
returned to the meeting.
Commissioner Dinning moved
to cancel fees totaling $111.48 for year 2011
for parcel #RPB0240010001BA since the Assessor’s
Office has deemed this property uninhabitable
and the solid waste fee was charged in error.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to cancel fees totaling $131.48 for year 2011
for parcel #RP64N01E067210A as the home is
uninhabitable. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved
to cancel taxes in the amount of $15.90 and fees
in the amount of $113.48 for a total of $129.38
for year 2011 for parcel #MHB006000E005TA as the
property owner is deceased. Commissioner Kirby
second. Motion passed unanimously.
Treasurer Fessler left the
meeting.
10:35 a.m., Sheriff’s Office
Administrative Deputy Crystal Denton joined the
meeting to update Commissioners on the E911
progress. Chairman Smith said Commissioners
spoke to County GIS Mapper Gary Falcon about his
portion of the E911 system and at this point the
County is at 97.7% in regards to matching
information with Frontier Communications. Ms.
Denton said the numbers Mr. Falcon is working on
would put the county at 98%, but there are other
numbers that Mr. Falcon is trying to get.
Commissioner Dinning said once the county gets
to 98%, Frontier Communications will send the
County a contract to sign and at that point the
process falls on Frontier Communications again.
It is the hope to go live by the end of year or
the beginning of January as Frontier is doing
something internal with their phone numbers. If
Frontier isn’t ready by that time, the County
could not go live until March or April 2012. Ms.
Denton said Frontier Communications will not
provide her with the contract until the County
is at 98%. Ms. Denton said the County’s
equipment is ready to go.
Commissioners mentioned
Idaho’s E911 Coordinator
Eddie Goldsmith and Ms. Denton said Mr.
Goldsmith was able to obtain grant funds for
going enhanced after all. Chairman Smith asked
once the County gets to a 98% match rate with
Frontier Communications, when does the county
work toward going enhanced? Ms. Denton said
almost immediately on Frontiers’ end. From the
time the contract is signed to the time the
County is enhanced is all in Frontier
Communication’s court, according to Ms. Denton.
Chairman Smith asked what will be gained by
going enhanced and Ms. Denton said enhanced E911
will provide name, address, and phone number.
Currently the County only has access to phone
numbers and sometimes the name.
Commissioner Dinning said
after the first of the year if everything
functions, the County will have enhanced 911 and
Ms. Denton said yes. Ms. Denton said in order to
obtain the caller’s address for 911, it is a
combination of having enhanced 911 and a mapping
system that is different from the map Mr. Falcon
currently has. Ms. Denton said the County still
won’t be able to locate cell phones via GPS
after going enhanced as that capability comes in
a separate phase. Ms. Denton said the County has
to have more cell towers for Global Positioning
System (GPS) abilities. Three towers are needed
for GPS and the County has only one tower.
Commissioner Kirby questioned track phones and
cell phone cards and Ms. Denton said that issue
is in legislation where the companies that offer
those local services will have to pay a fee.
Commissioner Kirby questioned only having a cell
phone when dialing 911 as far as determining a
location of the caller and Ms. Denton said the
system will pinpoint which tower the 911 call is
coming from to determine the location is in
Bonners Ferry, but nothing more specific than
that.
The meeting with Ms. Denton
and Clerk Poston ended.
11:00 a.m., Boundary Economic
Development Specialist Mike Sloan joined the
meeting.
Mr. Sloan said as part of
the Historical Society Board, they’ve made great
strides, but if something financially isn’t done
in a year, the museum will have to close. Mr.
Sloan said the County does fund a certain
portion of the museum budget and he has put
together a rough draft of current expenses for
the Museum/Historical Society that he said is
not inflated in any way. Mr. Sloan said the
museum has one employee at minimum wage and the
rest are volunteers. Mr. Sloan said he is coming
to Commissioners for ideas on how to avert this
situation as the museum is a credit to the
County.
Mr. Sloan said he’s spoken
to Darrel Kerby with Pace Kerby Insurance who
suggested talking to Sandy Ashworth at the
Library about combining the museum with the
Library District. Mr. Sloan said Ms. Ashworth
didn’t think there was a way to combine the two
organizations. Mr. Sloan said Ms. Ashworth
reviewed Idaho Code and she was under the
impression a museum district wasn’t even allowed
to be formed. Mr. Sloan said Idaho Code didn’t
address the museum district as being allowed.
Chairman Smith said Clerk Poston was researching
Idaho Code and at this point she couldn’t see
where a levy limit was even mentioned.
Mr. Sloan said the
Smithsonian Exhibit is coming to Bonners Ferry
for the second year and no other community has
had that exhibit more than once in a 10 year
period. Mr. Sloan said he is thinking about
raising money for promotions and advertising to
entice people to come through the museum. Mr.
Sloan said the museum could probably operate as
is for another year. Chairman Smith said if
nothing speaks to forming a district in Idaho
Code, then there is no way the County can even
go to the people as the process is not there.
Chairman Smith said the
payroll wages and workers compensation budget
for the Historical Society/Museum is $18,000,
but the total income is only $17,000 so he
doesn’t know how the museum has survived. Mr.
Sloan said the museum has been using the
endowment, but has been putting those funds back
into the building. Commissioner Dinning asked
about the value of the buildings. Mr. Sloan said
off the top of his head, the Shelman’s are
asking $295,000 for their building so between
the two buildings, which are in relatively in
good shape, the value is probably $400,000 to
$450,000. Mr. Sloan mentioned it may be hard to
sell those buildings as they are too large and
deep. Commissioner Dinning questioned if there
has been any talk about selling the building and
have the Historical Society lease the building
for the museum. Mr. Sloan said that is a
possibility, but that is just putting off the
inevitable and adding rent on top of it. Mr.
Sloan said he is just coming to Commissioners
for ideas and he realizes the constraints.
Chairman Smith asked how much the dues are and
Mr. Sloan said $25 per year.
Commissioner Dinning said
he is torn as it becomes what is the real
priority for budgets. Commissioner Dinning said
the question is…is creating jobs a higher
priority than a museum and that is the internal
discussion Commissioners end up with. It becomes
a prioritization and the whole country is
dealing with this, according to Commissioner
Dinning. Mr. Sloan said you see so many museums
that have only displays and not the archiving
like this museum has. Chairman Smith reviewed
the budget for the Historical Society and said
there should be $3,000 in memberships. Mr. Sloan
said membership takes recruiting and effort to
get that amount. Mr. Sloan said as far as he
knows that amount for the last five years has
been $13,000. Chairman Smith explained the
overall levy amount and said if one levy is
increased another levy has to decrease due to
the levy limit. Chairman Smith said he doesn’t
want to see the museum go under as too much good
has been done, but what is it that can be done.
Commissioner Dinning said Commissioners are
faced with this type of dilemma every year.
Mr. Sloan left the meeting
at 11:20 a.m.
11:20 a.m.,
Boundary County
Park and Recreation Department
Activities Director, Annie Tompkins joined the
meeting to discuss sports related waivers. Ms.
Tompkins discussed a customer agreement for
online sports registration. Commissioner Dinning
said he thought the County had something in
place for online payments through the Assessor’s
Office or Treasurer’s Office. Ms. Tompkins said
she is able to accept payments, organize teams,
and find coaches by going online to this
website. Commissioners spoke of the fees for
this service and that $3 of the total
registration fee is extracted for the online
service. Ms. Tompkins said participants can
still sign up and pay in person as well.
Commissioner Dinning asked if all the
information inserted online becomes accessible
to the general public. Ms. Tompkins said all
sports schedules will be online. There are
privacy provisions as well and only the phone
numbers of the coaches will be listed.
Commissioner Dinning said Ms. Tompkins should be
sure of what this privacy statement in the
agreement says so the County knows what
information is public and what information is
private.
Chairman Smith said when
the County enters into an agreement,
Commissioners or just the Chairman signs the
agreement and he asked if the form could be
amended to add another signature line.
Commissioner Dinning moved
to approve signing the agreement with Sportsites
Inc., pending approval of the County Civil
Attorney and after checking into matters of
privacy. Commissioner Kirby second. Motion
passed unanimously.
Ms. Tompkins said since the
Park and Recreation Department took over
basketball and games aren’t going to be played
on Boundary
County
property, the Park and Recreation Department
wanted to make sure the County is covered by a
waiver agreement as games will be held at the
school. Chairman Smith said this is probably
something to talk to Darrell Kerby of Pace Kerby
Insurance about. Chairman Smith explained that
the Park and Recreation is covered by ICRMP as
well as the City, County, and schools so he
thinks it will be a simple matter. Chairman
Smith said Commissioners will speak to Mr.
Kerby. Ms. Tompkins said the waiver is pretty
self explanatory. Ms. Tompkins said Mr. Kerby
gave her a volunteer release of liability form.
Commissioner Dinning said the County is only
liable to the extent the County is negligent.
Chairman Smith said his thinking is if something
happened at the school, the insurance is all in
one pocket.
The meeting ended at 11:44 a.m.
Commissioner Dinning moved
to sign the nomination form for the Catastrophic
Health (CAT) Board nominating Commissioner Walt
Kirby. Commissioner Kirby second. Motion passed
unanimously.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
Tuesday, November 08, 2011,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
Clerk
Glenda Poston joined the meeting.
Commissioner Dinning moved
to appoint Linda Lederhos to the Fair Board
filling the vacancy due to Dan Kerstien’s
resignation. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved
to adopt Resolution #2012-3. A resolution
increasing the Restorium Fund budget
RESOLUTION 2012-3
INCREASING THE RESTORIUM FUND 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 Boundary
County Restorium for fiscal year 2011-2012, and
WHEREAS, unanticipated funds have been
received from the Friends of the Restorium in
the amount of $8,350.00 and from Judith Lyle in
the amount of $230.00 as donations towards the
cost of an elevator for the Restorium, and
WHEREAS, the Boundary County Restorium
Fund is in need of additional revenue for fiscal
year 2011-2012, and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County,
and
WHEREAS, it is appropriate to increase
the Boundary County Restorium Budget Revenue
Account Number 36-00-0346-0000 and the Restorium
Budget Expense Account Number 36-00-558-00,
Reserve, in the amount of $8,580.00.
NOW THEREFORE,
upon motion duly made, seconded and unanimously
carried,
IT IS RESOLVED, that the increase to the
Boundary
County Restorium Budget Revenue Account Number
36-00-0346-0000 and the Restorium Budget Expense
Account Number 36-00-558-00, Reserve, in the
amount of $8,580.00
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 8th day of
November, 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 #252352
County resident Dan Meeker,
Road and Bridge Superintendent Jeff Gutshall,
and County Mapper Tom Ulappa joined the meeting.
Commissioner Dinning said
County records show that Lyle and Rosemary Unruh
donated the land from each side of
Lannigan Road. Mr.
Meeker said it really isn’t off of each side as
the road travels down the middle of E.L.
Automation’s property. Chairman Smith clarified
that documents he was looking at is a
right-of-way from the Unruh’s to the County.
Chairman Smith said Commissioners are waiting
for Attorney Phil Robinson’s comments as he
doesn’t know how the road will revert back to
Mr. Meeker. Mr. Gutshall said he thinks with
transportation easements, sometimes it says the
property is to be used for a road and if it is
not used for that, the property defaults back.
Chairman Smith relayed what he understood the
abandonment to mean.
City of
Bonners Ferry resident
Jerry Higgs joined the meeting at 9:44 a.m.
Commissioner Dinning said
this was a right-of-way deed so this property
was actually deeded to the County as being
granted, bargained, sold, and conveyed so the
County owns the land. It was said the County
doesn’t have to give the property back to anyone
and can choose what to do with it because the
County owns it. Commissioner Dinning said the
County has to be careful to provide access to
those landowners who currently have access to
the north and south. Commissioner Dinning said
he understands the County can sell or deed the
land back and retain an easement for a County
road. Mr. Ulappa asked if the property would
have to be sold at public auction. Mr. Meeker
said Mr. Wieble uses
Lannigan Road for
hauling hay out of his pasture. E.L. Automation
and the Gomez’ also use the road, according to
Mr. Meeker.
Mr. Ulappa left the
meeting.
9:53 a.m., Commissioners spoke to
Attorney Phil Robinson via telephone.
Commissioners explained that
Lannigan Road, as it
stands, was given to the County by Lyle and
Rosemary Unruh in year 1975 for the sum of $500.
Originally, the Meeker family owned it and Mr.
Meeker has inquired how to get the road back. It
was said the issue is there is a business, E.L.
Automation, to the left of Lannigan Road and
another property owner to the right of this road
and some people are saying the description of
the road has nothing to do with the business,
but does involve the Weible family. The question
is how Mr. Meeker can get this land back so his
wife can put her business sign up.
It was said there is a
right-of-way deed and the land belongs to the
County and other than the residents living on
either side of this road, who else would be
harmed for access or usage if they had to cease
using that land. Mr. Meeker said Mr. Gomez would
eventually use this road to get to the highway
as well as Mr. Regehr and E.L. Automation.
Attorney Robinson asked how wide or big the
right-of-way is. Mr. Gutshall said it is a 60
foot right-of-way. Attorney Robinson asked how
much of that is used as road bed and Mr.
Gutshall said probably half of that. Attorney
Robinson asked Mr. Gutshall what category this
road is in. Mr. Gutshall said the County’s Road
Standards call for a 60 foot right-of-way.
Chairman Smith said the road is 230.9 feet long.
Attorney Robinson said the International Selkirk
Loop wants there to be ownership attached to the
property if there is to be signage. Mr. Gutshall
suggested deeding
Lannigan Road
back for a transportation easement with County
ability to have a 60 foot easement for
utilities. If the County conveyed a 60 foot
strip back to Mr. Meeker and the County was
granted an easement for a public road,
utilities, etc., then it is still not known if
this solution would work with the International
Selkirk Loop’s regulations. Attorney Robinson
said the County can divest of ownership to where
Mr. Meeker has ownership and the County has a
public easement and wouldn’t lose anything other
than ownership. It was said the question is if
anything is accomplished by doing this. Mr.
Gutshall said if utilities already exist, that
may stop the abandonment. Commissioners
suggested Mr. Meeker contact the person at the
International Selkirk Loop that he has already
been in contact with to find out what their
requirements are.
The telephone call to
Attorney Robinson ended.
The portion of the meeting
to discuss Lannigan
Road ended at
10:15 a.m., and Mr. Meeker left the
meeting.
Commissioners tended to
administrative duties.
Clerk Poston left the
meeting.
10:30 a.m., Bob Hobbs and John
Meadows joined the meeting to discuss motorized
boat engines on
Boundary County
lakes. Boundary
County
Park and Recreation Director Annie
Tompkins and Attorney Phil Robinson also joined
the meeting.
Chairman Smith said the
main concern is motorized engines on the lakes
and if using the term “public lakes” in the
Ordinance will accomplish what needs to be
accomplished. Chairman Smith said the question
is in regards to the tributaries and Chairman
Smith said the
Kootenai
River was excluded from the
Ordinance, but there are areas where you enter
into the Kootenai
River. Mr. Meadows said you can’t
drive a boat into any of the local lakes from
the Kootenai
River. Attorney Robinson said people
boat up Deep Creek quite a ways to go fishing
and it takes a motor to do it. Attorney Robinson
said if the term is “public lake” that would
take care of the concern and Mr. Meadows said
yes. Public lakes would exclude tributaries
going out. Commissioner Dinning said the County
also needs to exclude
McArthur
Lake. Mr. Meadows said
McArthur
Lake is a refuge that is covered by
the State. Attorney Robinson said he could draft
verbiage on the usage of motorized boats on
lakes, but he wanted to be sure he is not
creating a violation for something with
legitimate use.
Mr. Meadows and Mr. Hobbs
left the meeting at
10:50 a.m.
Chairman Smith introduced
Annie Tompkins to Attorney Robinson as being
from the Park and Recreation Department. Ms.
Tompkins said an agreement has been drafted for
a website called Sportsites where people can set
up teams and people can register online to
participate in sports. Ms. Tompkins presented
the Sportsites Contract for Attorney Robinson
for review and explained the agreement states
there is a $3 fee taken from each online
registration fee for the company. There is also
a credit card fee, according to Ms. Tompkins.
Ms. Tompkins further explained the contract can
be canceled anytime and the fees go to the
people who register online not the County.
10:51 a.m., Clerk Glenda Poston
returned to the meeting.
Attorney Robinson explained
a similar process for registering for sports in
Bonner
County. Chairman Smith said the
County’s activities fall under Idaho Counties
Risk Management Program (ICRMP), but when
County
Park and Recreation Department
sports are played at one of the schools, he
assumes that coverage is still under ICRMP.
Attorney Robinson was asked if there is a need
for a waiver agreement and he said yes as ICRMP
requires a waiver. Commissioner Dinning said he
assumes ICRMP has already reviewed the waiver
and Ms. Tompkins said she had assumed they
already had as well. Attorney Robinson said the
agreement looks fine. Chairman Smith signed the
agreement as the motion to sign after the
Attorney’s review and approval was made
yesterday.
The meeting with Ms.
Tompkins ended at
10:55 a.m.
Those present discussed
amending the County’s Dog Ordinance. Attorney
Robinson said if the matter is just procedural
that can be amended with the Sheriff’s input and
agreement. Chairman Smith said one chapter of
the Ordinance discusses having a collar and tag
on a dog, but the County does not issue dog
licenses. Chairman Smith provided Attorney
Robinson with a copy of the State Ordinance and
a copy of the County Dog Ordinance in order to
draft a new County ordinance.
Jerry Higgs said the
Sheriff had to issue a warning to a keeper of
dogs in the City. Three City drug dogs got lose
from where they were being taken care of by
Tiffany and Kevin Murray and the dogs had acted
aggressively. Mr. Higgs said the Chief of Police
had suppressed an investigation of that incident
because if he had taken statements and had
evidence in hand on the vicious dogs, then there
goes all that money invested in a law
enforcement drug dog. The dog later got lose
again and attacked another dog that was being
walked by an 80 year old woman who sustained an
injury. Mr. Higgs said he again got stonewalling
and cover ups. Mr. Higgs said he has made so
many waves about these incidents because he got
no response and that is when the Sheriff got
involved. Mr. Higgs said the Sheriff sent a
letter of warning to the
Murray’s, but he isn’t
sure what prompted that, whether it was the
County
Ordinance or there being a conflict
of interest for City law enforcement. Attorney
Robinson said you can’t enforce a County
ordinance within the City, so he’s guessing the
Sheriff utilized the State Code to issue the
notice as State Code is applicable anywhere. Mr.
Higgs said he raised enough noise about this
that Chief Allen from the Coeur d’ Alene Tribe,
who provides the dog training, brought the dog
back for retraining. Chairman Smith said he
didn’t understand why the Sheriff issued the
warning and Attorney Robinson said it was
probably because of the ownership conflict.
11:10
a.m., The meeting to discuss drafting
a new dog ordinance ended and Mr. Higgs left the
meeting.
Commissioner Dinning moved
to cancel fees for year 2011 totaling $111.48
for parcel #RP62N03E270600A due to error.
Commissioner Kirby second. Motion passed
unanimously.
11:10 a.m., Commissioner
Dinning 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 Smith
“yes”, Commissioner Dinning “yes”, and
Commissioner Kirby “yes”. Motion passed
unanimously. 12:30 p.m., Commissioner Dinning moved to go
out of closed session. Commissioner Kirby
second. Motion passed unanimously.
There being no further
business, the meeting adjourned at
12:30 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy Clerk
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