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County commissioner's minutes June 4-5
July 24, 2012
***Monday, June 04, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

Sonny Munier, Connie DeCoe-Munier, Treasurer Jenny Fessler and Gail Olson joined the meeting. Blue Sky Broadcasting Reporter Mike Brown was also in attendance of Commissioners’ meetings throughout the morning.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give a departmental report. Mr. Gutshall presented a written report.

Mr. Gutshall said last week Road and Bridge began hauling at Pine Island Road and Fawn Lane as far as reconstruction and putting pipes in. Mr. Gutshall said for the next couple of weeks base rock will be hauled and placed on Pine Island Road. Two large cross culverts have been installed on Fawn Lane and there are four more culverts left to install. There may be delays between 8:00 a.m., and 4:00 p.m., during the last installations as traffic cannot be diverted.

Road and Bridge is also catching up on road patching. The oil tank Road and Bridge put together is working wonderfully and is keeping the oil right where it is needed, according to Mr. Gutshall. New school zone signs have been put up at the Naples Elementary School. Those present discussed the speed limit in school zones.

Mr. Gutshall said Holmes Road flooded about three weeks ago and he discussed an issue with an old culvert that drains to the other side. Mr. Gutshall said the Panhandle Health District paving project went well. Wood’s Crushing and Hauling got the bid for that project.

Mr. Gutshall said he notified the Post Office about the delays relating to work on Deep Creek Bridge #4. Mr. Gutshall said a consultant for the Deep Creek Bridge #4 construction oversight has been selected. More candidates for consultants may be needed due to project costs.

Mr. Gutshall said Community Transportation Association of Idaho (CTAI) notified the community at the last Boundary Area Transportation Team (BATT) meeting the bus service will resume near Boundary County. The bus service is funded via a grant and it now includes Sandpoint.

Mr. Gutshall said the Deep Creek Bridge #2 project is close to final design. Mr. Gutshall said he thinks the County has gone through the worst part of the bridge projects.

Mr. Gutshall said he issued a permit to the Border Patrol to bore for their new location.

County resident Gail Olson asked about alternatives to a road issue she is having near the intersection of Highland Flats Road and Deep Creek Loop. Mr. Gutshall explained that Ms. Olson is talking about the stub road across the street from the Highland Flats intersection at Deep Creek Loop. Mr. Gutshall said this was the issue of questioning ownership and it also involved Mike Gilroy with the Bonneville Power Administration (BPA).

Commissioner Dinning informed Ms. Olson the County researched this issue heavily and could not find record of this road being a County road. Mr. Gutshall said whatever the situation is, it really doesn’t involve the County, but it potentially could. There is a log yard business going on there so that is something to look into. Ms. Olson said she and the Sandlin’s share this access and Mr. Sandelin is somewhat taking over this road. Ms. Olson said she has lived in this location for over 20 years and Mr. Sandelin has lived there approximately five or so years. Commissioner Dinning asked Ms. Olson if she has discussed this with legal counsel. Ms. Olson said she hadn’t yet as she didn’t know what authority she had. Ms. Olson said Mr. Sandelin even blocks the driveway with his heavy equipment.

The meeting with Mr. Gutshall, Ms. Olson, and Treasurer Fessler ended at 9:20 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 9:30 a.m.

Ms. DeCoe-Munier and Mr. Munier left the meeting.

Boundary County Emergency Services Incident Commander Bob Graham stopped by to inform Commissioners of an incident that occurred this last Friday in which the County had not been notified so he is trying to find out why. Mr. Graham left the meeting at 9:30 a.m.

9:35 a.m., Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 9:40 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals left the meeting at 9:44 a.m.

Clerk Glenda Poston joined the meeting at Commissioners’ request to discuss various budget related matters. Clerk Poston left the meeting at 9:53 a.m.

Commissioner Dinning moved to approve the minutes of May 14 & 15, 2012 and May 21 and 22, 2012. Commissioner Kirby second. Motion passed unanimously.

Chairman Smith said the County’s Noxious Weed Board Chairman Dave Wattenbarger called last Thursday to verbally reappoint the following Noxious Weed Board members.

Commissioner Kirby moved to reappoint the following County Noxious Weed Board members with terms to expire on May 31, 2014: Dave Wattenbarger, Tom Roy Cowley, Dennis Ponsness, Tim Dillin, Patrick Gardiner, and Ervin Madson. Commissioner Dinning second. Motion passed unanimously.
10:00 a.m., Connie DeCoe-Munier joined the meeting to present a proposal for ambulance services to Commissioners. Present were: Sonny Munier, Boundary Volunteer Ambulance Chief/President Ken Baker, Bonners Ferry Fire Fighter/BVA EMT Allen Hamilton, Liz Sloot, Barbara Gallegly, Pam Stout, South Boundary Fire District Chief/BVA EMT Tony Rohrwasser, City of Bonners Ferry Assistant Administrator David Sims and County Clerk Glenda Poston.

Chairman Smith said Ms. DeCoe-Munier had already given her proposal for a non-profit volunteer ambulance service for Commissioners to review.

Ms. DeCoe-Munier said her proposal is for Volunteer Ambulance of Boundary County (VABC) and it would be an alternative to what the County has in place right now. VABC could be an additional ambulance company or it could be the “one” ambulance company.

The projected income is for six ambulances, but if you took just one ambulance unit, the projected income would be $50,000 per year. Ms. DeCoe-Munier’s proposal estimated an income of $300,000 for six ambulance units. Commissioner Dinning said for clarification that was projected income and Ms. DeCoe-Munier said that was correct.

Ms. DeCoe-Munier said she proposed a membership such as Northwest Medstar or Life Flight. If the patient had medical insurance in addition to the membership fee, their copay could be waived. Ms. DeCoe-Munier said this is not insurance, but it would help. If a patient did not have insurance, service would not be refused, but a billing person would certainly be involved to seek the payment owed for services. Chairman Smith clarified the matter involving insurance copayments. Ms. DeCoe-Munier if the patient is a member and has insurance, whatever the insurance pays would be considered as revenue and if there was a copay, it would be waived.

Commissioner Kirby said it occurs to him that Ms. DeCoe-Munier is proposing a membership-based system throughout the County so for those who wish to participate at a certain amount. Commissioner Kirby said Ms. DeCoe-Munier’s information is clearly spelled out. Ms. DeCoe-Munier’s said the County would be represented by a joint powers agreement. Commissioner Kirby said this proposal looks like another County operation that Commissioners oversee and would appoint a board to include management and volunteers. Ms. DeCoe-Munier said it could operate that way especially through billing. Commissioner Kirby said the service would pay for itself through insurance billings and memberships.

Commissioner Kirby said the first year or two the County would probably fund the service at $40,000. Commissioner Kirby reviewed Ms. DeCoe-Munier’s proposal pertaining to establishing a $25 single membership fee. The budget estimated totaled $490,000, which was not funded by tax dollars. Ms. DeCoe-Munier said that total is a result of having six ambulance units. Commissioner Kirby discussed starting out small and growing to six units. Ms. DeCoe-Munier said through memberships she is hoping to fund the service without property taxes. Commissioner Kirby said he likes the idea of voluntary support from the County’s citizens rather than hitting them with taxes. Commissioner Kirby said he is sure the Commissioners would like to participate in something like this.

Chairman Smith said he would like to hear more about how this system would run as the proposal mentioned 2,000 members and 4,000 families. If you consider the average size of a family consists of three members that’s estimating 12,000 will participate. Clerk Poston said that is the entire County.

Chairman Smith clarified the $40,000 comes from the County’s .02% levy that is already a part of the County’s budget for EMS service, not the district levy as that would be .04%.

Ms. DeCoe-Munier said if the economy improves she can see funding the ambulance taxing district, but right now the economy is just not there so this was her other viable option.

Commissioner Dinning said his biggest concern is with whatever organization of system is put into place, the County never wants to be put in this position again by an entity that says we need more money or we’re leaving. Commissioner Dinning asked Ms. DeCoe-Munier how her proposal will prevent his concern from happening. Ms. DeCoe-Munier said the joint powers board would immediately recognize any flaws in the system and authorize different situations, privileges, authority, duty or function legally invested in them by Idaho law. Commissioner Dinning said from what he reviewed, a joint powers agreement would not prevent this from dissolving at some point because of financial issues. In using an example, if at some point there just wasn’t enough money raised in this fashion and even if Boundary County had levied the full amount to try to make it work, at this point the system could be disbanded. Commissioner Dinning said he is trying to prevent the ability for any ambulance service to say to Boundary County again, that they’re closing up shop and the County is on its own.

Ms. DeCoe-Munier said with the joint powers board Commissioners would be kept informed constantly of any issues. Commissioner Dinning said he understands that, but it doesn’t prevent his concerns from happening. Commissioner Dinning said the only way he is aware of preventing this scenario from happening is if the function becomes a total County operated function. Commissioner Dinning said he is not against considering any new ideas. In quickly running the numbers he comes up with the $40,000, and the single and family memberships and that is a total of approximately $250,000 still coming from the community if everyone signs up. Commissioner Dinning said he has seen fire associations deal with that same issue.

Commissioner Dinning said the County normally collects, in any one year, approximately 90% of property taxes owed so 90% of $342,000 comes to $307,000. There are absentee property owners outside of the community that will pay a large portion of this tax and this is talking about citizens. Ms. DeCoe-Munier said it is a big consideration for fund raising. Ms. DeCoe-Munier said if the taxpayer realized the annual $40 membership as opposed to their taxes increasing close to $475 per year. Commissioner Dinning clarified that .04% on a net taxable value of $100,000 is $40 not $400. Commissioner Dinning said Ms. DeCoe-Munier has great information, but he is just trying to understand. Ms. DeCoe-Munier said it just depends on what the community wants so if the community wants a funded service then that it is it would be.

Ms. De-Coe-Munier said she expected to need three EMT’s per ambulance. Commissioner Dinning said that could be 18 on call at any one time. Commissioner Dinning said BVA has had a maximum number of volunteers at 25 and there is a huge percentage that can’t make every call so he asked Ms. DeCoe-Munier how she could work on that. Ms. DeCoe-Munier said if revenue is generated and a call comes out she would have to line it up with the volunteers and they really like to do that. There would have to be three volunteers in each area at all times who would know they could be called. Once a volunteer is called they could have a stand-by fee and if a call comes in the EMT could be paid $20 per hour for that run and driver could be paid $12 per hour unless they’re an EMT, in which they could be paid $25 per hour.

Ms. Gallegly said she had wanted to make a point that she had called the current ambulance service in this County several times asking for information on training to become an EMT and she knows there are other people who also want to do this, but BVA has never ever called her back. Ms. Gallegly said there may be more people interested in becoming a volunteer and they’re just not getting a response from BVA.

Chairman Smith mentioned the $40 increase to property taxes. Chairman Smith said he does not think there are a lot of people in the community who would be upset with paying $40 when it’s talking about a taxing district. Chairman Smith said he feels the average property owner probably has a property value at a level where this tax would probably cost them $40 to $60 per year. The people who may object to this are the property owners with larger pieces of property and those values would be higher, but the average homeowner within a normal range for property values will probably be assessed the cost of approximately $40. Commissioner Kirby added that those opposed to a volunteer ambulance service could also be a patient who is not a member or who doesn’t have insurance, but receives service and later receives a $40 bill.

Commissioner Dinning said he had a problem understanding the joint powers. Commissioner Dinning said he understands how joint powers work, but in this case Ms. DeCoe-Munier’s proposed organization would enter into a joint powers agreement with Boundary County. In that, what oversight would Boundary County have in that organization? Ms. DeCoe-Munier asked if Commissioners are worried about being over the barrel again. Commissioner Dinning said it is being over the barrel again and also how would Commissioners know the system is being managed properly and there is not an error as he is trying to prevent ever being in this situation again. Since the County is responsible for tax dollars how do Commissioners become accountable? Commissioner Dinning asked Ms. DeCoe-Munier where she sees Commissioners having any influence in that realm with her organization. Ms. DeCoe-Munier said Commissioners would be represented on the joint powers board, Commissioners could be presented with the budget on the schedule they prefer and would have complete information down to the last band-aid and ambulance.

Clerk Poston and Mr. Sims left the meeting.

Chairman Smith said according to Idaho Code, County Commissioners are responsible for providing ambulance service so how can the County be assured about any system put in place, other than a taxing district. If there is a taxing district that is funded, the only three people involved from day one would be the three County Commissioners. This would be followed by Commissioners’ ability to appoint a board underneath them and an individual to possibly operate the district, but ultimately those others involved would report back to Commissioners. Chairman Smith asked if this is the same structure to operate under if using Ms. DeCoe-Munier’s proposal. Chairman Smith said he doesn’t think the County would have that type of control when the Board got together and had problems Ms. DeCoe-Munier said she understands that Commissioners are responsible.

Ms. Stout said that structure would not change a lot how she envisions it. Ms. Stout said if there was a Board to oversee what Commissioners formed, there would not be a need to oversee on a daily basis, but more on as an as needed basis. Commissioners would not have to have every day concerns. Chairman Smith said if Commissioners were the top umbrella, they could have regular updates on how things are running.

Chairman Smith addressed Ms. Gallegly’s concerns about lack of training and said that has been one of Commissioners’ concerns as well. Even some of the existing BVA members want training and it is just not available to them. Chairman Smith said whether that is a true statement he doesn’t know, but Commissioners do receive those same comments and he has the same concerns Ms. Gallegly has about training issues so Commissioners will take a look at that.

Ms. DeCoe-Munier said training was something she had talked to County Attorney Phil Robinson about. Attorney Robinson had mentioned to Ms. DeCoe-Munier that Rob Wakeley with Bonner County EMS is a very good trainer and maybe Mr. Wakeley could set up a system for Boundary County. Mr. DeCoe-Munier said she had tried to contact Mr. Wakeley.

Commissioner Dinning said he thinks Ms. DeCoe-Munier understands Commissioners’ concerns about the structure of a system in that no matter what it is he never wants to be where the County is at today. Commissioner Dinning said his concern is even with a joint powers agreement, the County could potentially be in the same situation. It was said Commissioners would be active on that Board, but Commissioner Dinning said there are others on that Board and even if Commissioners are active, they have the ability to be overridden.

Ms. Sloot asked if there would be a contract if the County decided to accept this proposal. Commissioner Dinning said that is what he is understands and that is to be somewhere that is no different than where the County is at today with BVA. Ms. Sloot said Commissioners could stipulate in the contract that the EMS organization has to account to Commissioners whenever they want. Commissioner Dinning said all of those things could be put into place, but he is looking at the worst case, not saying it will ever happen. Ms. Sloot said if those statements are put in the contract, why would the situation ever get that far. Ms. DeCoe-Munier said because of Idaho law. Commissioner Dinning said the situation may not get to that level, but he doesn’t ever want to be in this position again.

Chairman Smith said no matter what the County does, it can still be in this situation again. Commissioner Dinning said in that case then it would be the County’s fault.

Ms. Slot said to get the contract and system how they want it and for Commissioners to run it themselves countywide. Commissioner Kirby said that is the only way it is going to be.

Chairman Smith explained that South Boundary Fire is a district and that district has their own funding and do not answer to the Commissioners. The only thing this district does every year is submit their budget to the County. County Commissioners do not have the ability to tell the fire district they’re budget is too high, too low or anything else.

Jacob Bushnell and Renita Bushnell joined the meeting at 10:30 a.m.

Chief Rohrwasser explained the County is not responsible for the fire district as far as what they do with the budget, but Clerk Poston is the final approval on a fire district by telling them if the fire district does not meet what the State allows, in which the budget would be returned to the district. Chief Rohrwasser said the district has a levy rate they’re allowed to work within and the district will forward its budget to the County and the Clerk will determine if the budget fits what the State says. Chairman Smith said that is every taxing entity, but the point he is trying to make is that a fire district and Mr. Rohrwasser doesn’t have to report to the County to tell them how the district is operating, what the finances are and how it is going. That is different from ambulance taxing district and if the County forms an ambulance taxing district, that district will respond to Commissioners. Chairman Smith said Commissioners have more authority over an ambulance district.

Ms. DeCoe-Munier said the fire districts could be a part of the joint powers board. Commissioner Dinning listed the various county fire districts and said the remaining fire departments are associations, which is a different animal.

Commissioner Dinning said all of these discussions are good and he is not discounting anything, but Commissioners are going down a road that when whatever structure and who ever the organization, it will be a structure in which the County will never face this again. Commissioner Dinning said the County will consider all alternatives, but for right now, Commissioners are preparing to have to contract with Bonner County EMS and go forward with that. Tomorrow evening Commissioner Dinning will have a meeting with the EMT’s and drivers to let them know about Bonner County EMS and what would be needed if they chose to participate. That way everyone will be on board and there will be no surprises. Commissioner Dinning said he told Mr. Baker and Mr. Hamilton that he wanted everything out in the open to the best of his ability.

Chairman Smith said everyone should understand that today is June 4th and in 10 days from today Commissioners have to do something because that is when the contract ends.

Ms. DeCoe-Munier said in her meeting with EMS Bureau Licensing Supervisor Dean Newfield and Attorney Robinson, Mr. Newfeld said he would speed up licensing as he understood the circumstances so the County could get at least one ambulance unit up and running. Commissioner Dinning asked how long that could take. Ms. DeCoe-Munier said normally licensing takes two to three weeks, but Mr. Newfeld said he could speed it up.

Commissioner Dinning said he wanted everyone to understand the County will have a temporary fix in place with Bonner County and he does not want to create something without a lot of thought because this is too important.

Ms. Gallegly asked if other proposals have come in for Commissioners to consider. Commissioner Dinning said Ms. DeCoe-Munier’s proposal is the only formal proposal and Commissioners are still talking with BVA. Commissioner Dinning said there are all kinds of discussions out on the street, but this is the first real formal proposal.

Chairman Smith said when you get right down to it Commissioners received the letter from BVA informing the County what they would do if the County could not meet what he would call demands and that is to cease providing service on June 13, 2012. So now Commissioners have that issue to look at, this proposal to look at and the emergency situation set up with Bonner County. Chairman Smith those are the only three situations Commissioners are looking at.

Chairman Smith asked Ms. DeCoe-Munier to inform Commissioners about a statement she made about an ambulance unit BVA had obtained via grant. Ms. DeCoe-Munier said BVA did acquire an ambulance unit through a grant and one of the conditions of this grant is the ambulance unit stays with Boundary County, period, so that is one ambulance available to the County immediately. Commissioner Dinning said what he was informed of was just a touch different in that there is a specific time frame on grants that if BVA no longer provides services within the County then at that point, that ambulance would be available.

Ms. DeCoe-Munier said Mr. Wakeley mentioned something about a surplus ambulance unit. Chairman Smith said it was mentioned that Kootenai County may also have a unit available in the fall. Ms. DeCoe-Munier questioned if Spokane would possibly have an ambulance unit as they have had to make cut backs.

Ms. Stout reminded Commissioners that Kootenai County operates under the Joint Powers Agreement.

Mr. Hamilton said for sake of argument if Ms. DeCoe-Munier’s proposed ambulance service is put into place, if he is in an auto accident and is trapped in his car, who is getting him out. Mr. Hamilton asked if extrication is available and is there funding to put extrication equipment in the fire departments. Ms. DeCoe-Munier said she thought South Boundary Fire District has equipment. The City of Bonners Ferry and Northside Fire Department were thought to also have extrication equipment. Mr. Hamilton asked if Northside Fire Department would go all the way to Eastport and leave themselves unprotected. Chairman Smith said those are questions that would have to be worked out. Mr. Hamilton said he is on the City of Bonners Ferry’s Fire Department and runs the extrication vehicle and he is also with Boundary Volunteer Ambulance just so Commissioners know. Mr. Hamilton said he, his wife and both of his daughters are or have been EMT’s with BVA and he feels this is a slap in the face.

Mr. Hamilton left the meeting.

Commissioner Kirby said Boundary Volunteer Ambulance slapped Mr. Hamilton in the face, not the County. Commissioner Dinning said Boundary County would be remiss in not considering all options.

The meeting to discuss Ms. DeCoe-Munier’s ambulance service proposal ended at 10:40 a.m.

Commissioner Dinning moved to grant an extension of time to pay year 2008 taxes for parcel #RP60N01W244050A until August 6, 2012. Commissioner Kirby second. Motion passed unanimously.

Treasurer Fessler left the meeting at 10:40 a.m.

10:45 a.m., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345-(1)c. To conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 11:00 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

11:00 a.m., Solid Waste Superintendent Claine Skeen joined the meeting to give the departmental report. Chief Deputy Clerk Tracie Isaac also joined the meeting.

Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1) a, to consider hiring a public officer, employee, staff member or individual agent. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 11:15 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals and Clerk Glenda Poston joined the meeting.

11:15 a.m., Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to deny in part indigent application #2012-21 as outlined in the Certificate of Denial, approve PCIP premiums for up to four months beginning with June 2012, and issue a Notice of Suspension for all other medical bills pending eligibility determinations for disability through Social Security and subsequently Idaho Medicaid. Commissioner Kirby second. Motion passed unanimously.

Those present discussed the Sheriff’s Office line items contained within the indigent budget. If items in this budget are combined it comes to just under $18,000 short. Deputy Clerk Ryals said she contacted Ms. Denton at the Sheriff’s Office for reimbursement and billing questions to no avail. Deputy Clerk Ryals said she had left information for Ms. Denton pertaining to the deficiency and to ask about reimbursements, but had not gotten a response. Deputy Clerk Ryals said at one of the last meetings on this subject Ms. Denton said she was handling the billings and some funds came in, but not much. It was said for clarification that this is in regards to the indigent budget as all of the Sheriff’s medical expenditures for indigent inmates is deducted from the indigent budget.

Deputy Clerk Ryals mentioned items that can be reimbursed such as prescription costs can be reimbursed in full. The line item for medications is overspent, but costs are reimbursable if the inmate is deemed to be indigent as determined by application required by Idaho Code to be developed by the Sheriff’s Office. If the inmate is indigent, the Sheriff’s Office can’t bill, but if not, the inmates can be billed for these costs.

The meeting with Deputy Clerk Nancy Ryals ended at 11:40 a.m.

11:45 a.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, June 05, 2012, Commissioners met in regular session with Commissioner Dan Dinning, Commissioner Walt Kirby and Deputy Clerk Michelle Rohrwasser. Chairman Smith was out of the office for the morning tending to other matters.

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

9:00 a.m., Kootenai County Trial Court Administrator Karlene Behringer, Judge Justin Julian, Judge Steve Verby, Clerk Glenda Poston, and Chief Probation Officer Stacy Brown joined the meeting to discuss the upcoming District Court Budget.

Ms. Behringer presented information on the budget and explained that some changes were due to legislation changes pertaining to child protection cases. A law is getting passed that states if a child age 12 or older is involved in a child protection case, they are entitled to an attorney. And if there are multiple children in that age bracket, each child is entitled to their own attorney. These costs will fall onto the County, according to Ms. Behringer. The Court Appointed Special Advocate Organization (CASA) also has an attorney and sometimes there are up to two attorneys for the parents, according to Judge Julian. This legislation is not law until possibly July 1st of year 2013.

Acting Chairman Dinning spoke of changes for the budget that would take place on October 1, 2012 and he questioned if the current budget level would suffice for the first three months if this legislation went into affect this July.

Judge Julian questioned if this new legislation pertains to newly filed cases or pending cases. Acting Chairman Dinning suggested budgeting for what will suffice.

Mr. Behringer said there is a change already in affect. The Department of Health and Welfare used to conduct competency exams, but the physician who used to conduct these exams retired and Health and Welfare has decided to no longer provide those services. The State is now requiring juvenile competency exams, but Health and Welfare is not conducting those as well. Ms. Behringer said there is a physician willing to travel to Bonners Ferry to perform these tests at a rate of $150 per hour. The exam should not exceed four hours unless it is complicated. Judge Julian said there have been five to eight of these exams and that number was probably higher than it needed to be, but there were three or four that he felt were necessary.

Ms. Brown said Juvenile Probation Services are supposed to ask questions and determine a need for testing and if there is a need, to present that to the court.

Ms. Behringer referred to line items #489 and #558 and explained those two line items somewhat run together. Line item #489 is listed as Other Professional Services and shows a budget of $15,000, which goes towards covering expenses for something such as a murder trial. Line item #558 shows a budget of $2,000 more in reserves in which to cover other expenses. It was said the reserve balance is currently $8,000.

Ms. Behringer said the State of Idaho has held training for district court deputy clerks in years past. The State pays for a portion of the costs, but registration fees and costs of travel are the responsibility of the counties. Clerk Poston said there are also Probation Department related line items that fall under District Court. Ms. Behringer said there are small changes in the budget related to things such as travel and supplies.

Ms. Brown requested the line item for monitoring juveniles and adults be transferred to the Justice Fund as those issues fall more so into that other department. It was said the budget for juvenile housing will be $52,000 this year.
Ms. Behringer said those were the only increases she was requesting. Acting Chairman Dinning asked if there is ability to increase fines recovery or look at that a bit heavier and it was said usually the answer is that a significant number of people are lower to no income. Judge Verby mentioned collecting more fines. Judge Julian said some people don’t pay and instead chose to have that credited by sitting it out in jail.

Ms. Brown said she looked into a survey done throughout the State and which counties charge juvenile probation supervision fees. Boundary County doesn’t charge a fee so that is another possibility.

Judge Julian spoke of the issue with the multiple attorneys for children. Acting Chairman Dinning asked if it would be appropriate for him to prepare a white paper on this issue so it’s put on the radar. Ms. Behringer said she would work on putting together information. Ms. Behringer said all five northern counties have been contacted about this.

Those present reviewed the remaining line items of the budget for District Court. Commissioner Dinning said he didn’t really see anything significant to reduce. Those present discussed an increase in court related matters across the State. Commissioner Dinning said there’s a potential to not increase line item #480 or it could even be reduced.

Judge Verby, Judge Julian and Ms. Brown left the meeting at 9:40 a.m.

Commissioners, Ms. Behringer and Clerk Poston discussed the Court Assistance representative that has been selected.

The meeting with Ms. Behringer and Clerk Poston ended at 10:00 a.m.

10:00 a.m., Solid Waste Superintendent Claine Skeen joined the meeting.

Mr. Skeen said he will start rotating two trailers out next week for recycling and his schedule to pick up recycled products at the monitored sites will be Tuesdays and Saturdays. Mr. Skeen said paving in front of the office has been done and he has also paved the area in front of the recycling building.

Mr. Skeen and Commissioners discussed hiring for two positions, one being a landfill/rural site monitor and another rural site monitor who will provide coverage for approximately two weeks. Mr. Skeen said there has been more involvement from the outside areas on recycling.

The City of Bonners Ferry is now doing curbside recycling and Mr. Skeen said he is very impressed with the material being brought to him by the City. It is very clean, according to Mr. Skeen.

Other than two monitored employees, Mr. Skeen said he is budgeting for his existing employees to work at the new Moyie dumpster site. Mr. Skeen said he did not raise solid waste fees again for this next budget year. For the 2013-2014 budget year, Mr. Skeen said he would like to implement a scale system.
10:20 a.m., Commissioner Kirby 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. Acting Chairman Dinning yielded the chair to second. Commissioners voted as follows: Acting Chairman Dinning “yes” and Commissioner Kirby “yes”. Motion passed unanimously. Commissioner Kirby moved to go out of executive session. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.

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

Commissioners tended to administrative duties.

10:45 a.m., Idaho Transportation Department (ITD) Foreman George Shutes met with Commissioners.

Mr. Shutes said he wanted to discuss communications and professionalism. Comments were made at the Rotary meeting in regards to ITD and project delays and he felt that was not the time and place. Mr. Shutes said his daughter had been in attendance at that meeting.

Mr. Shutes explained ITD’s budget restraints and explained that as far as the north hill walkway is concerned, the project has not yet been established due to liability issues. These issues are similar to liability issues the County was also concerned about in taking over the old north hill walkway. Mr. Shutes said the issues are huge as far as the State is concerned and ITD is protecting themselves and taxpayers by going through the processes they go through. All new projects are built according to safety standards and Mr. Shutes said he emphasized the word “yet” when talking about the north hill walkway project.

Mr. Shutes said as far as the local ITD voices, his crew is polite and they put forth efforts for safety of travelers. There is self pride for people that live here and for those passing through. ITD does a lot of events that other state agencies don’t do such as washing bridges and jersey barriers. Children do need to know there is one community working together. Mr. Shutes said his opinion is to feel blessed with city, state, county agencies that provide a service so the town is pristine.

Mr. Shutes said a project that is to go through town has been pushed out, but he is okay with this project being pushed out as he wants it done right. To do a fast project would be the same thing as the project in front of the school and Mr. Shutes mentioned lack of sidewalks and no stormwater drainage, etc.

Mr. Shutes said as a group there is a need to professionally figure this out. If an organization sees the County or city has a matched grant, it looks better in getting a project done.

Mr. Shutes mentioned a letter from the City requesting ITD address mile post 504 to mile post 508, but he said he will also try to address mile post 508.1 which will includes the north hill walkway. Mr. Shutes said he doesn’t disagree with Commissioner Kirby about people walking along the side of the road, but he also agrees with the State’s concerns. Mr. Shutes said ITD will also address the bump at the south end of the bridge, but that is a lot of money and he explained the issue with the angle and approach. Mr. Shutes said we’ll have to see what happens, but the project has been pushed out possibly five years. ITD will maintain the area to the best of their ability. ITD will also do a lot of paving in the city limits to keep people happy.

Commissioner Kirby said he can see where Mr. Shutes is coming from and felt he owed Mr. Shutes’ daughter an apology because of the remarks he made at the Rotary meeting. Commissioner Kirby explained how the situation of the discussion grew. Commissioner Kirby apologized to Mr. Shutes, the ITD crew, and in particular to Mr. Shutes’ daughter who was in attendance at the Rotary meeting. Commissioner Kirby said he was wrong and that it was just his own opinion and people took it as that.

Commissioner Kirby spoke of the County/City meeting that involved an ITD member discussing how ITD cannot maintain the sidewalks within the city limits as they would become liable.

The meeting with Mr. Mr. Shutes ended.

11:00 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the departmental report.

Ms. Brown presented Commissioners with a print out of cases according to counties and said this information gives a good vision of what is going on. Ms. Brown said there are only 4, 14 year olds in the probation system and that is good. There are 51 kids on probation now and it is soon increasing to 60 by the end of summer.

Ms. Brown discussed juvenile detention budgets. The President of the Idaho Association of Counties Juvenile Justice Administration Association asked probation offices for input for juvenile supervision fees. Ms. Brown said she has never charged fees for this and she was amazed by how many counties do charge. This would be a charge to the juvenile’s parents. Ms. Brown said her department does charge $20 through the diversion program. Ms. Brown said she doesn’t know why Boundary County couldn’t start out charging $10 although the total costs involved is a lot more then $10.

Ms. Brown informed Commissioners there are 268 unsupervised probationers, which is a decrease. Ms. Brown informed Commissioners she is leaving later today to attend an Idaho Juvenile Justice Association meeting in Pocatello.

The meeting with Ms. Brown ended at 11:14 a.m.

Commissioners recessed for lunch at 11:20 a.m.
1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #12-006. An application to rezone multiple properties in Townships 64 and 65 North, Range 2 East, along the Moyie River from Agriculture/Forestry to Suburban.

Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Interim Planning and Zoning Administrator Dan Studer, Deputy Clerk Michelle Rohrwasser, Richard Villelli, Bill Dennis, and members of Ms. Iverson’s Bonners Ferry High School Leadership Class. The public hearing was recorded.

Chairman Smith reviewed the public hearing procedures. The application was made by Boundary County to rezone specific lots and parcels situated on the Moyie River that were created before zoning regulations were established in Boundary County. The majority of these tracts are below the established minimum parcel size, and the majority of them are used for personal recreation. These lots are currently zoned Agriculture/Forestry, with a ten acre minimum lot size, they are depicted on the Comprehensive Plan Map as Suburban, which allows two and one half acre parcels. The purpose of this application is to make the zoning map more accurately reflect the uses that have long been established in these areas.

Mr. Studer provided a staff report by reading into the record the Staff Analysis. Mr. Studer said the minutes from the March 15, 2012 Planning and Zoning Commission public hearing were included in Commissioners’ packet of information. The Planning and Zoning Commission had unanimously recommended County Commissioners a denial of this application.

Commissioner Dinning explained the process of drafting the Comprehensive Plan and requesting public input. During this process a deadline for adopting the Ordinance had to be met and an error had occurred in that those specific areas had not been included. The County needed to correct this error made as a result of the time crunch.

Chairman Smith opened the hearing to public testimony. Richard Villelli spoke and said he has anticipated this change for years. Mr. Villelli said he has several properties in this area, but this change should not impact them, although there is one parcel he is hoping will come in line. Mr. Villelli said he has a gas line running through the property and part of this property’s waterfront is included in the Plan, but the backside of this property on the other side of the gas pipeline is not. The leach fields on this property will be in a different zone if this application is not approved and this could make dealings with the Department of Environmental Quality and the Panhandle Health Permit difficult. Mr. Villelli said he plans on installing a community well on the Westside of the pipeline and he requested Commissioners consider this application.

Chairman Smith clarified Mr. Villelli’s request. Commissioner Dinning asked for the location of Mr. Villelli’s property and reviewed this location on the map.

Bill Dennis had signed the sign-in sheet requesting to provide testimony, but said he had no additional comments. Mr. Dennis has 7.1 acres and he said he is not opposed to the rezone. Mr. Dennis explained that he is down river from the Schneider property.

Chairman Smith closed the hearing to further public testimony.

Commissioner Dinning said the entire area has county road frontage and electricity. Most of these parcels are below minimum lot size for the Agriculture/Forestry zone. County Commissioners would like to correct the error and afford property owners the best use of the land. Commissioner Dinning said there are even areas that could be removed from this designation.

Commissioner Dinning asked Mr. Studer about the Planning and Zoning Commissions’ discussions. Mr. Studer said the mode of discussion centered on roads. The public’s comments at the Planning and Zoning Commission public hearing had been that the designation of suburban did not fit the area, according to Mr. Studer.

Chairman Smith questioned if Commissioners could address Mr. Villelli’s request or would another public hearing have to be held. Commissioners reviewed the map. Commissioner Dinning said in reading comments those opposed felt their taxes were going to increase. It was said Idyl Acres Campground is not included in this application. Commissioner Dinning questioned the size of the Welcome Ranch. Commissioner Dinning said he does not have a problem with a rezone of the Nixon/Moyie River tracts and this also includes Joe Farrell’s lots. Commissioner Dinning said it was okay not to include the Good Grief Grill and Grocery.

Chairman Smith said he wanted to correct the error made and to exclude certain areas.

Commissioner Dinning moved to include the following in the rezone to the designation of Suburban: 85 parcels and lots in the Nixon/Moyie River tracts as depicted, 51 parcels and lots in the Lane/Moyie River tracts as depicted and 47 lots and parcels in the Queen Mountain/Twin Bridges tracts as depicted; to rezone 6 parcels and lots at Good Grief as depicted to the designation of Rural Community Commercial, and to exclude the 27 parcels and lots of the Welcome Ranch as depicted. Commissioner Kirby second. Motion passed unanimously.

The public hearing ended at 2:20 p.m.

There being no further business, the meeting adjourned at 2:20 p.m.


/s/
RONALD R. SMITH, Chairman
ATTEST:

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