County commission minutes, May 27-28
|
|
June 12, 2013 |
***Monday, May 27, 2013, Commissioners did not
meet in regular session due to the Memorial Day
Holiday.
***Tuesday, May 28, 2013, Commissioners met in
regular session with Chairman Dan Dinning,
Commissioner LeAlan Pinkerton, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Clerk Glenda Poston joined the meeting.
9:00 a.m., Clerk Poston presented Commissioners
with the election book of votes cast for the
2013 School Board Trustees election held on May
21, 2013 for Zone 1 and Zone 5. Clerk Poston
said there were 110 votes cast for Zone 1 and
240 votes cast for Zone 5.
Commissioner Pinkerton moved as Commissioners of
the County of Boundary, State of Idaho, do
hereby state that the attached is a true and
complete abstract of all votes cast within this
county at the School Board Trustees Election
held May 21, 2013, as shown by the records now
on file in the County Clerk’s Office.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton moved to amend the agenda
for this afternoon at 2:30 p.m., to include the
discussion of the Joint Powers Agreement for the
Region 1 Juvenile Detention Center as it is time
sensitive. Commissioner Kirby second. Motion
passed unanimously.
Road and Bridge Department Superintendent Jeff
Gutshall joined the meeting for the semi formal
bid opening for calcium chloride dust abatement
chemicals and to discuss cost share on dust
abatement.
Mr. Gutshall spoke to Commissioners about
closing Idaho Transportation Department (ITD)
federal aid projects. Mr. Gutshall said he’s
typically gotten an accounting on ITD projects
and the status of those projects. The county
makes a deposit towards a project when a
State/Local Agreement is signed and ITD holds on
to these funds for a long time. Mr. Gutshall
said he had once written a letter to Damon Allen
at ITD who said ITD was getting information
together to close out projects and he is now
starting to get closeouts. Mr. Gutshall said
first was a dust abatement project in which
$1,000 was received by the county months ago.
Mr. Gutshall said he has received notice that
over $11,000 was due back to the county for the
first phase of the Deep Creek Paving project.
Mr. Gutshall said this is just an example that
you don’t know what ITD is doing as he had
researched the accounting and thought only
approximately 1,600 was due back.
Mr. Gutshall said in checking on asphalt prices
he thinks he can afford to go out in the
semi-formal bidding range for four-tenths of a
mile on Moon Shadow so it gets two inches of
paving. Mr. Gutshall said Road and Bridge crew
has been working on Rock Creek.
Mr. Gutshall said he spoke to Mr. Zwinger about
Brown Creek Road where chip seal failed.
Commissioners and Mr. Gutshall discussed cost
share for dust abatement.
9:18 a.m., Commissioners held a semi formal bid
opening for calcium chloride dust materials.
Present were: Chairman Dan Dinning, Commissioner
LeAlan Pinkerton, Commissioner Walt Kirby,
Deputy Clerk Michelle Rohrwasser, Clerk Glenda
Poston, and Road and Bridge Superintendent Jeff
Gutshall. The meeting was recorded. Mr. Gutshall
said this was a semi-formal bidding process. Mr.
Gutshall said he sent invitation to bid
information via emails to five distributors and
requested receipts. The information was out for
a total of one and one-half weeks.
One sealed proposal was received from Oxford
Inc. along with a copy of Oxford Inc.’s public
works license, certificate of liability
insurance and certificate of workers
compensation insurance, and the Certification
Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion Lower Tier Covered
Transactions. Mr. Gutshall said a bid bond was
not required.
Oxford Inc.’s bid was for 120 tons of CaCl
mini-pellets (94%) at $420 per ton. The total
amount bid is $50,400. Mr. Gutshall said 120
tons is the maximum usage so all tonnage does
not have to be used. Mr. Gutshall said he
budgeted less, but he is expecting unanticipated
revenue. Mr. Gutshall recommended the acceptance
of Oxford Inc.’s bid.
Commissioner Kirby moved to accept the quote of
$50,400 from Oxford Inc. for dust palliative
materials for the Road and Bridge Department and
to sign the Independent Contractor Agreement
with Oxford Inc. Commissioner Pinkerton second.
Motion passed unanimously.
The meeting with Mr. Gutshall ended at 9:20 a.m.
Commissioners tended to administrative duties.
9:30 a.m., Commissioners held a public hearing
on Planning and Zoning Application #13-032. An
application requested by Joyce Burr for a short
plat subdivision. Present were: Chairman Dan
Dinning, Commissioner LeAlan Pinkerton,
Commissioner Walt Kirby, Deputy Clerk Michelle
Rohrwasser, Planning and Zoning Administrator
Dan Studer, Clerk Glenda Poston, Applicant Joyce
Burr, and John Marquette with JRS Surveyors. The
hearing was recorded.
Chairman Dinning briefly reviewed the hearing
procedures. No member cited a conflict of
interest. The application is for a primitive
short plat subdivision in the Ruby Creek area.
It was said this change is considered a lot line
adjustment or short plat.
Chairman Dinning called for the applicant to
give an opening statement. Ms. Burr said she is
planning to live on the top half of her property
and would like to sell the bottom half. Ms. Burr
said she already has a buyer.
Mr. Marquette said Ms. Burr came to JRS
Surveyors to have the survey done and he
provided the necessary materials to do this. Ms.
Burr does have access routes and rights to both
of the parcels created. Commissioners reviewed
maps of what is proposed.
Mr. Studer provided a staff report. Mr. Studer
said in addition to a regular staff report he
would like to mention the 19.9 acre parcel would
be divided into two, and he would like to bring
to Commissioners’ attention the notes on the
easements Mr. Marquette is talking about. There
are no irregularities to bring forward and all
provisions have been made as far as Ordinance
and Comprehensive Plan.
Mr. Marquette said he does show the existing
Ruby Creek Road running through the southern
portion of the southern lot. Mr. Marquette said
he had originally drawn the map to create a 60
foot wide easement for utilities, etc., but had
done that prior to talking to Mr. Burr about it,
and she would like to bring that easement
footage down to 40 feet. In that case the
easement would be slightly different than what
is shown on the map. Chairman Dinning asked if
easements for primitive subdivisions are 40 or
60 feet. Mr. Studer said the minimum number of
feet Road and Bridge Superintendent Jeff
Gutshall recommended was the 40 feet. Chairman
Dinning mentioned the easement being from the
property back to east of the county road, but
Mr. Marquette said there is no specified
easement.
Mr. Burr said electricity and telephone services
are already provided to the property. No one was
present to speak in favor, uncommitted or
against the proposal and Commissioners closed
the hearing to further public testimony.
Commissioners discussed the proposal.
Chairman Dinning said this request does meet the
Ordinance requirements including reducing the
easement to 40 feet. Mr. Studer agreed.
Commissioners had no questions.
Commissioner Kirby moved to approve Planning and
Zoning Application #13-032 for a short plat
subdivision requested by Joyce Burr with an
amended road width to be 40 feet, which is 20
feet on each side of the line. Commissioner
Pinkerton second. Motion passed unanimously.
The public hearing for Planning and Zoning
Application #13-032 ended at 9:40 a.m.
10:00 a.m., Commissioners were unable to open
the continuation of a public hearing to consider
Planning and Zoning Application #13-019, a
request for a mud bog/rock crawl by DelRay
Romero as the Extension Office was still
occupied for court purposes. The public hearing
was postponed until 10:40 p.m.
Commissioners tended to administrative duties.
10:40 p.m., Commissioners reopened the public
hearing to consider Planning and Zoning
Application #13-019. This is an application for
a mud bog/rock crawl requested by DelRay Romero.
Present were: Chairman Dan Dinning, Commissioner
LeAlan Pinkerton, Commissioner Walt Kirby,
Deputy Clerk Michelle Rohrwasser, Planning and
Zoning Administrator Dan Studer, Erma Peterson,
Curtis Gunnells, Cynthia Dalrymple, Kenneth
Baker with Boundary Volunteer Ambulance, Tony
Rohrwasser with South Boundary Fire District,
Diane Sand, Oma Sanders, Jeff Gutshall, Linda
Rigney, Don Rigney, Jacqueline Gale, Mark
McFaddan, Robert Sanders, Applicant DelRay
Romero, Jeff Lewis, Leon Marcy, James Wilger,
Laura Roady with the Bonners Ferry Herald, Cheri
Romero, DelMar Romero, Teri Wallace, Robert
Thompson, and Mary Gutshall. The proceedings
were recorded. No member cited a conflict of
interest.
Chairman Dinning said what is left of this
public hearing process is the discussion amongst
Commissioners. Chairman Dinning said he has
listened to the recording of the prior public
hearing on May 21st, and he has also reviewed
all comments. Commissioners can deny the
application, approve it or approve the
application with conditions.
Chairman Dinning said he has heard a lot of the
concerns as well as compliments to the applicant
and he addressed various concerns. During the
first public hearing there had been many
references to other agencies such as the
Department of Environmental Quality, Department
of Water Resources, etc. The permits from those
various agencies can be obtained prior to the
proposed event, according to Chairman Dinning.
The issue of dust abatement can be mitigated by
having the applicant pay for the treatment,
cleaning up the surrounding area can be required
of the applicant, the snowmobile park can be
closed by the county, and if approved, the
applicant would need to provide adequate
restrooms.
Chairman Dinning said prior contracts with
Boundary Volunteer Ambulance for similar events
have been a financial burden to them in the
past. Commissioners can always look at adjusting
the hours of operation, matters pertaining to
alcohol and require a proof of liability
insurance. The distance of wetlands from the
site is something that can be addressed through
the Department of Environmental Quality.
Chairman Dinning said other things that come to
mind are the additional burden to the county
budget and local hospital due potential issues
with those without insurance. Chairman Dinning
said those are a few issues that came to mind.
Commissioner Pinkerton said his primary concern
is how this event will affect surrounding
neighbors pro or con. Commissioner Pinkerton
said he has thought of the rights for a
residents’ solitude and there are some things
that he’s struggling with. Commissioner
Pinkerton said there was a lot of he said/she
said and he will not consider people speaking on
someone else’s behalf. In looking to the
county’s Ordinance this event is doable,
according to Commissioner Pinkerton. Mr.
Romero’s application is well thought out, but of
course there are always things that may get left
out.
Commissioner Kirby said we should compliment Mr.
Romero for putting the proposal together because
virtually everything was addressed. Commissioner
Kirby said in his rethinking he knows personally
what it is like to have this kind of operation
in his neighborhood as he had one basically just
outside his backyard. Commissioner Kirby
provided his personal experience of having the
mud bog event near his house prior to the event
relocating to its current location in Moyie
Springs. Commissioner Kirby said each year the
noise got louder and the event got bigger so Mr.
Behrman moved the event to a better location.
Commissioner Kirby said he just can’t support
Mr. Romero’s application in good conscience and
as good as Mr. Romero’s application is, the
chosen location is not the right place.
Chairman Dinning said Section 8 of the Boundary
County Planning and Zoning Ordinance contains
the considerations for special event permits.
Commissioners reviewed considerations 8.11.1
through 8.11.8., and provided their responses to
those considerations. Commissioners discussed
the section for nuisances and taking any
measures to mitigate adverse impacts.
Commissioner Pinkerton said he doesn’t know if
this event would get to the level of nuisance,
but it has the potential of rising to that level
and that gets him thinking of other things such
as the county’s snowmobile park. Commissioner
Pinkerton said the snowmobile park shouldn’t be
closed because somebody has something going on
and he also doesn’t want to cut people off from
accessing forest land. Commissioner Pinkerton
said he also thinks of the impacts to the
neighbors. Dust abatement could be controlled
with proceeds from the event. There will clearly
be a lot of noise and the tranquility will not
be there for the residents who want it.
Commissioner Kirby said there shouldn’t be
pressure on Road and Bridge, and that he also
agrees that the snowmobile park shouldn’t be
closed. Commissioner Kirby questioned how one
would stop people from partying in the
snowmobile park. The Sheriff’s Office doesn’t
have the manpower for this, according to
Commissioner Kirby. Chairman Dinning referred to
public nuisances and mentioned that one man’s
nuisance is not another’s, and that there would
be affects to surrounding property owners.
Commissioner Pinkerton said people will not
encroach onto other land. Chairman Dinning said
he cannot figure out a way to mitigate the
nuisance. Commissioner Kirby mentioned that even
the store owner who sold beer to the people
attending the mud bog in Moyie Springs wasn’t
happy about the mud bog.
Chairman Dinning said Commissioners are at the
point of making a decision.
Commissioner Kirby moved to deny Planning and
Zoning Application #13-019, but the motion died
for lack of a second. Commissioner Pinkerton
said he would like to approve the application,
but with additional mitigation conditions.
Commissioners mentioned nuisance in relation to
noise and hours of operation and said he thinks
the hours of 9:00 a.m. to 9:00 p.m. are
excessive for some in the area. 9:00 in the
morning is okay, but Commissioner Pinkerton said
he would like people to have the tranquility so
ending the event at 3:00 p.m. is better. There
will be noise and traffic, but shortening the
duration will limit that. Commissioner Pinkerton
said holding the mud bog to a Saturday and
Sunday is more than efficient so he would like
to eliminate Friday. The dates would be August
10 and 11, 2013. Chairman Dinning referenced
mufflers and said he didn’t know if Idaho Code
would allow restrictions. Commissioner Pinkerton
said mufflers should be imposed.
Chairman Dinning said other concerns expressed
were about alcohol. No alcohol will be consumed
or allowed at the event. Commissioners do not
enforce another agency’s requirements such as
the Department of Environmental Quality or
Department of Water Resources, but the county
does have the ability to require any of those
necessary permits to include Panhandle Health
District. Commissioners listed various agencies
that might require a permit such as the U.S.
Army Corps of Engineers, Environmental
Protection Agency, Department of Water
Resources, and Panhandle Health District.
Commissioner Pinkerton said the applicant will
need to provide a proof of liability insurance
in the amount of $1,000.000. Chairman Dinning
said if the event is more successful than
anticipated, the number of individuals should be
limited. The application said there is room for
approximately 2,000 vehicles. Commissioner
Pinkerton said there will be vehicles
participating in the mud bog and those who are
just onlookers. The number of vehicles should be
reduced to half and parking on the county road
or shoulders will not be permitted.
Commissioner Pinkerton moved to approve Planning
and Zoning Application #13-019 for a mud
bog/rock crawl requested by Applicant DelRay
Romero with the following conditions: hours of
operation will be from 9:00 a.m. to 3:00 p.m.;
the event will take place on only Saturday and
Sunday; all vehicles participating in the mud
bog shall have mufflers, alcoholic beverages
will not be sold or allowed at the event; the
applicant will need to obtain necessary permits
prior to the event to include Panhandle Health
District, Idaho Department of Water Resources
and the Department of Environmental Quality;
proof of liability insurance in the amount of
$1,000.000 shall be provided by the applicant;
the number of vehicles allowed is 1,000; and no
parking is allowed on county roads or shoulders.
Chairman Dinning yielded the chair to second.
Commissioners voted as follows: Chairman Dinning
“aye”, Commissioner Pinkerton “aye” and
Commissioner Kirby “nay”. Motion passed.
The public hearing for Planning and Zoning
Application #13-019 for DelRay Romero ended at
11:20 p.m.
Planning and Zoning Administrator Dan Studer met
briefly with Commissioners to update them on a
matter involving combining property belonging to
Jerry Mortensen. Mr. Studer said he was fine
with the results as that is what was agreed to
and it meets his intentions of a previous
discussion.
Mr. Studer left the meeting.
Commissioners tended to administrative duties.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the
afternoon session with Chairman Dinning,
Commissioner Pinkerton, Commissioner Kirby and
Deputy Clerk Michelle Rohrwasser.
Clerk Glenda Poston joined the meeting.
Chief Deputy Treasurer Sue Larson and property
owner Joseph Duginske joined the meeting.
Chief Deputy Treasurer Larson informed
Commissioners the Treasurer’s Office has spent
another approximately $250 after May 20th, which
is associated with starting the tax deed
process. The amount Mr. Duginske owes for year
2009 taxes and after his $600 payment his amount
owed is approximately $2,600, which includes the
new fees, late fees and interest. A portion of
the total bill is $901.77 for Cabinet Mountains
Water District’s fee for the year 2009. The
amount of $630 is county interest. Mr. Duginske
proposed being allowed to have until the end of
June to raise approximately $620 for his year
2009 taxes. Mr. Duginske informed Commissioners
that he is participating in a vocational
training program and has also signed up for
social security benefits. Starting August income
will start coming in, according to Mr. Duginske.
Chairman Dinning questioned if the tax deed
process can be cancelled if the county starts to
tax deed and Mr. Duginske comes up with the
funds to satisfy year 2009. Chief Deputy
Treasurer Larson said Mr. Duginske will have to
pay the $2,600 or whatever amount Commissioners
say he needs to pay. Mr. Duginske said he could
pay $618 in June 2013. Chief Deputy Treasurer
Larson said included will be the cost of the
legal publication for the tax deed.
Commissioner Kirby said he wants to make clear
that this doesn’t clear the matter up, it just
puts it off. Commissioner Pinkerton said he
doesn’t see how Mr. Duginske can get out of this
and get his head above water. Commissioner
Pinkerton said he doesn’t see how Mr. Duginske
can catch up and that Commissioners are just
delaying the process. Chairman Dinning said
after year 2009 Mr. Duginske will have to hustle
to work on year 2010’s taxes. Commissioner Kirby
asked how much the tax amount is each year and
Chief Deputy Treasurer Larson said year 2010
taxes are $2,927. Commissioner Kirby said after
2009 taxes are paid Mr. Duginske is looking at
having to pay another $3,000. To bring Mr.
Duginske current to year 2012 he would have to
pay $8,056.30. Mr. Duginske said he has also not
received the property exemption benefits.
Commissioner Kirby suggested Commissioners let
the process of tax deeding Mr. Duginske’s
property run its course and see if Mr. Duginske
can pay $618 by the end of June. Commissioner
Dinning said amount to pay is whatever was
agreed to plus the fees.
The meeting with Chief Deputy Treasurer Larson
and Mr. Duginske ended at 1:45 p.m.
Planning and Zoning Administrator Dan Studer
joined the meeting at 1:45 p.m.
Chairman Dinning said Mr. Studer is a part-time
employee and he will be taking vacation from
June 6th through July 5th. Chairman Dinning said
the Planning and Zoning Administrator position
is a part-time salaried position and he doesn’t
want any misunderstandings such as if Mr. Studer
will be paid during this time off. Chairman
Dinning and Mr. Studer said for clarification
that this vacation had been planned two years
prior to Mr. Studer starting employment at the
county. Mr. Studer said his understanding at
time of employment was the position was covered
and the public was satisfied. Mr. Studer said he
has trained Planning and Zoning Commission
members John Moss and John Cranor on his job
duties and has made them familiar with the
software. Mr. Studer said he planned on
personally compensating Mr. Cranor and Mr. Moss
for their time. Chairman Dinning said this is
appointing Mr. Moss and Mr. Cranor as volunteers
as was done with Planning and Zoning Commission
member Matt Cossalman and Mr. Studer himself the
year before. Commissioner Pinkerton said Mr.
Moss and Mr. Cranor are volunteers and
Commissioners can’t obligate Mr. Studer to
compensate them.
Clerk Poston said Mr. Studer is not a full time
employee and she mentioned prorating one day off
per month, which is eight hours. Those present
discussed honoring paying the monthly salary for
consistency and ease. To establish the process
Commissioners will adopt a resolution for
volunteer Planning and Zoning Administrators.
Commissioners said Mr. Moss and Mr. Cranor will
need to understand when they’re acting under the
capacity of Administrator they can’t participate
on the Planning and Zoning Commission.
Clerk Poston said to clarify this is for this
particular month and if this should happen when
Mr. Studer is gone, the matter would have to be
addressed again at that time.
Commissioner Pinkerton said he wasn’t a
Commissioner when Mr. Studer became the Planning
and Zoning Administrator, but it sounds like Mr.
Studer’s planned vacation was a condition of his
employment so that can’t be taken away at this
point.
Commissioner Pinkerton moved to adopt Resolution
2013-25. A resolution of the Board of County
Commissioners of Boundary County, Idaho;
appointing assistant Planning and Zoning
Administrators; providing for volunteer status;
providing for reimbursement of costs; providing
for insurance coverage status; and providing for
the effective date of this resolution.
Commissioner Kirby second. Motion passed
unanimously. Resolution #2013-25 reads as
follows:
RESOLUTION NO. 2013-25
BOUNDARY COUNTY, IDAHO
TITLE: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF BOUNDARY COUNTY, IDAHO;
APPOINTING ASSISTANT PLANNING AND ZONING
ADMINISTRATORS; PROVIDING FOR VOLUNTEER STATUS;
PROVIDING FOR REIMBURSEMENT OF COSTS; PROVIDING
FOR INSURANCE COVERAGE STATUS; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS RESOLUTION
WHEREAS: Boundary County, Idaho, a political
subdivision of the State of Idaho, is governed
by the Board of County Commissioners; and,
WHEREAS: The Board, in compliance with Title 67
of Idaho Code, and the specific provisions of
the Local Land Use Planning Act (LLUPA) has
appointed a Planning and Zoning Commission and
has appointed a Planning and Zoning
Administrator to provide compliance with State
Code and with the provisions of the County
Ordinances and Resolutions concerning land use
issues; and,
WHEREAS: The Planning and Zoning Administrator
will be out of the office from June 5, 2013
through July 5, 2013; and,
WHEREAS: John Moss and John Cranor, Board
Members of the Planning and Zoning Commission,
are intimately aware of the provisions of the
Ordinances and Resolutions, and the procedures
and processes, concerning land use issues in
Boundary County; and,
WHEREAS: John Moss and John Cranor have
volunteered to perform the routine and ongoing
duties and functions required of the Planning
and Zoning Administrator and to provide for an
orderly, prompt, and efficient processing of
applications, requests, inquiries, and other
pending matters for that office.
NOW, THEREORE, BE IT RESOLVED THAT: The Board of
County Commissioners of Boundary County, Idaho,
do hereby appoint John Moss and John Cranor as
Assistant Planning and Zoning Administrators for
Boundary County, Idaho. This appointment shall
be indefinite and continuing in its duration.
BE IT FURTHER RESOLVED THAT: The Assistant
Planning and Zoning Administrators are and shall
be deemed volunteers, and not employees of
Boundary County. They shall not be paid a salary
or other income, but shall be reimbursed for any
and all costs and expense incurred.
BE IT FURTHER RESOLVED THAT: The Assistant
Planning and Zoning Administrators shall have
all the authority and powers of the Planning and
Zoning Administrator conferred or provided in
any Ordinance and/or Resolution of Boundary
County concerning land use planning issues and
the operation and administration of that office.
BE IT FURTHER RESOLVED THAT: The Assistant
Planning and Zoning Administrators shall be
provided errors, omissions, and negligence
insurance to the extent provided to persons in
such office or capacity by ICRMP, the insurance
carrier for Boundary County, and shall be
further provided defense, coverage, and
indemnification by Boundary County for any
claim, loss, demand, or legal action commenced
against either of them arising from the
performance of these duties
BE IT FURTHER RESOLVED THAT: This Resolution
shall be in full force and effect upon its
adoption by the Board of County Commissioners of
Boundary County, Idaho, in a regular meeting of
the Board, and upon the execution and
attestation of the same.
ADOPTED AND APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS OF BOUNDARY COUNTY, IDAHO on the
28th day of May, 2013.
s/__________________________________
Dan R. Dinning, Chairman
s/__________________________________
LeAlan L. Pinkerton, Commissioner
s/__________________________________
Walt Kirby, Commissioner
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
Recorded as instrument #257560
Chairman Dinning explained that Resolution
2013-25 is only good in Mr. Studer’s absence.
Mr. Studer left the meeting at 1:55 p.m.
Commissioner Pinkerton moved to authorize the
Chairman to sign the Idaho Department of Parks
and Recreation Request for
Reimbursement/Close-out Report for the Deep
Creek Restroom and picnic table project, Grant
#WW12-1-11-1. Commissioner Kirby second. Motion
passed unanimously.
2:00 p.m., Sheriff’s Office Administrative
Deputy Crystal Denton joined the meeting to
present Commissioners with Enhanced 911 Grant
Documents for signature.
Ms. Denton explained this is a grant for
upgrades to the county’s E911 system, and she is
requesting funds for touch screen monitors for
the 911 system and maintenance costs. Ms. Denton
said there is no match obligated by the county.
The total amount requested is $39,219.25 and
includes $12,919.25 for upgrades and $7,800 for
maintenance. The maintenance costs are already
paid for in the grant, but Ms. Denton said she
is hoping for reimbursement. Ms. Denton said
this is a yearly grant the Emergency
Communications Commission offers.
Commissioners and Ms. Denton spoke of the fees
assessed to cellular phones and land lines. Ms.
Denton commented that soon will be the ability
to assess fees from phone services such as
Straight Talk and Trac Phone. Clerk Poston asked
if this is the only grant to apply for in the
2013-2014 budget. Ms. Denton said yes.
Commissioner Kirby moved to sign the Idaho
Emergency Communications Commission FY 2014
Dedicated Enhanced Emergency Communications
Grant Fee Fund Application. Commissioner
Pinkerton second. Motion passed unanimously.
Commissioner Kirby moved to authorize the
Chairman to sign the Idaho Department of Parks
and Recreation Request for Reimbursement and
Close-out Report for the Rocky Point Storage
Building Add-on. Commissioner Pinkerton second.
Motion passed unanimously.
The meeting with Ms. Denton ended at 2:13 p.m.
Commissioner Pinkerton moved to adopt Resolution
2013-26. A resolution of the Board of County
Commissioners of Boundary County, Idaho;
approving Professional Service Agreement for
Boundary County civil legal counsel;
incorporation all prior referenced professional
service agreements for civil legal services not
in conflict; and setting forth amended and
modified terms; establishing effective date of
agreement; and effective date of this
resolution. Commissioner Kirby second. Motion
passed unanimously. Resolution #2013-26 reads as
follows:
RESOLUTION NO. 2013-26
BOUNDARY COUNTY, IDAHO
TITLE: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF BOUNDARY COUNTY, IDAHO;
APPROVING PROFESSIONAL SERVICE AGREEMENT FOR
BOUNDARY COUNTY CIVIL LEGAL COUNSEL;
INCORPORATION ALL PRIOR REFERENCED PROFESSIONAL
SERVICE AGREEMENTS FOR CIVIL LEGAL SERVICES NOT
IN CONFLICT; AND SETTING FORTH AMENDED AND
MODIFIED TERMS; ESTABLISHING EFFECTIVE DATE OF
AGREEMENT; AND EFFECTIVE DATE OF THIS RESOLUTION
WHEREAS: Boundary County, Idaho, a political
subdivision of the State of Idaho, is governed
by the Board of County Commissioners, having
determined in 2002 the need for independent and
supplemental civil legal services; and,
WHEREAS: Boundary County, Idaho, has in the past
entered into a series of such Agreements for
professional services of civil legal counsel,
and the appointment and designation of Civil
Counsel; and,
WHEREAS: The Board of County Commissioners has
made all necessary findings of the necessity of
such civil counsel services which are continuing
and affirmed by the approval and acceptance of
the Professional Service Agreement with Hull and
Associates, CHTD and adopted herein which is
attached hereto and incorporated in its entirety
herein; and,
WHEREAS: The Board of County Commissioners have
determined that such an
Agreement, services, and the expenditure of
funds is a necessary and ordinary expenditure,
and should continue under the terms of the
attached Agreement; and,
WHEREAS: Due to the premature death of PHILIP H.
ROBINSON who had been acting as designated Civil
Counsel for Boundary County since July, 2007, it
is necessary to enter into a new Professional
Service Agreement which is the subject of this
Resolution, which is deemed and determined to be
in the best interest of Boundary County.
NOW, THEREFORE, BE IT RESOLVED THAT: The Board
of County Commissioners of Boundary County,
Idaho, pursuant to the authority and power
granted by Idaho Code, does hereby declare and
reaffirm that the designation and contract for
services of separate civil legal counsel is in
the public interest and is a reasonable and
necessary expenditure.
BE IT FURTHER RESOLVED THAT: The Board of County
Commissioners shall sign, execute and deliver
the Professional Service Agreement attached
hereto and incorporated in its entirety herein
be reference providing for the designation of
Hull and Associates, CHTD, with TEVIS.HULL,
President, as Civil Counsel for Boundary County.
BE IT FURTHER RESOLVED THAT: The Clerk of the
Board of County Commissioners shall attest such
signatures of the parties to such Agreement.
BE IT FURTHER RESOLVED THAT: The terms and
provisions of this Agreement shall become
effective as set forth therein.
BE IT FURTHER RESOLVED THAT: The Resolution
shall be in full force and effect upon its
meeting of the Board, on the date set forth
below.
ADOPTED AND APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COUNDARY COUNTY, IDAHO on the
28th day of May, 2013.
s/_____________________________________
DAN R. DINNING, Chairman
s/_____________________________________
LEALAN PINKERTON, Commissioner
s/_____________________________________
WALT KIRBY, Commissioner
ATTEST:
CLERK TO BOARD OF COUNTRY COMMISSIONERS:
s/_______________________________________________
Clerk/Deputy Clerk
Recorded as instrument #257573
Commissioner Pinkerton moved to sign the
Professional Service Agreement with Hull and
Associates, CHTD for civil legal counsel
services. Commissioner Kirby second. Motion
passed unanimously.
2:15 p.m., Commissioner Kirby moved to go into
executive session under Idaho Code #67-2345(1)C,
to conduction deliberations concerning labor
negotiations or to acquire an interest in real
property, which is not owned by a public agency.
Commissioner Pinkerton second. Commissioners
voted as follows: Chairman Dinning “aye”,
Commissioner Pinkerton “aye” and Commissioner
Kirby “aye”. Motion passed unanimously. 2:35
p.m., Commissioner Kirby moved to go out of
executive session. Commissioner Pinkerton
second. Motion passed unanimously.
Commissioners tended to administrative duties.
2:38 p.m., Chairman Dinning said the Commission
Chairmen of the four northern counties had
wanted to talk about the Joint Powers Agreement
for Region 1 Juvenile Detention Center and he
mentioned that Bonner County had pulled out of
this agreement earlier. The detention center was
constructed by Kootenai County and expansions
made over the years have also been at Kootenai
County’s expense. Kootenai County funds 94% to
96% of the cost of the detention center and the
employees there are Kootenai County employees.
Chairman Dinning said one thing that has gotten
to Kootenai County is wanting to keep costs
down, but because of the Prison Rape Elimination
Act (PREA), they had to increase staff by two
people recently at a cost of over $90,000. These
two positions were let go, but then subsequently
brought back mid-year due to the detention
center’s population. Chairman Dinning briefly
spoke of the use of lottery funds to support
this budget. Kootenai County is looking at
dissolving the existing Joint Powers Agreement,
which is the agreement that sets the formula for
the daily rate. Chairman Dinning said if he
remembers correctly the highest rate for a
Boundary County juvenile was either $181 or $188
per day. What Kootenai County’s legal counsel
had stated was that in essence, the Joint Powers
Agreement just added an advisory aboard of the
counties.
In dissolving the current agreement counties
could enter into a contract to house juveniles
for $150 per day and the contract would be
renewable in two years. Chairman Dinning said he
informed Kootenai County Commissioners that,
yes, Boundary County did enter into a contract
with Bonner County, but that doesn’t change a
contract with Kootenai County as Boundary County
doesn’t know what its needs will be. Kootenai
County Commissioners had felt it was unfair to
charge a new member $150 while not being able to
offer that cost under the Joint Powers
Agreement. The current Joint Powers Agreement
can be dissolved by resolution and the new
contract will be drafted by Kootenai County.
Chairman Dinning said the payment formula was
not discussed. Chairman Dinning asked
Commissioners if they agreed to consider the new
agreement and informed them that last year’s
charges are to be paid this year and the cost is
approximately $66,000. Using the new payment
that cost would be approximately $50,000.
Commissioners tended to administrative duties.
There being no further business, the meeting
adjourned at 3:58 p.m.
/s/
DAN R. DINNING, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk |
|
Questions or comments about this
article?
Click here to e-mail! |
|
|
|
|
