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***Monday,
October 28, 2013,
Commissioners met in regular session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, and Deputy Clerk Michelle Rohrwasser.
County resident Merrill Marcy joined the
meeting.
9:00 a.m.,
Road and Bridge Office Manager Renee Nelson
joined the meeting to give the departmental
report. Ms. Nelson presented a written report
for the weeks of October 14 & 21, 2013.
Ms. Nelson provided an update on the
construction on Deep Creek.
Deep Creek
Bridge #2 has been opened as of last
Friday afternoon. Some finish work is still
being done, but the bridge is now open to public
transportation. The school district’s bus shed,
Sheriff’s Office and post office have all been
notified. The emergency relief project for Deep
Creek Loop near the golf course is ongoing.
Changes to this project have been made and
paving will start by next week, according to Ms.
Nelson. The hope is to have this road open by
the first week of November. If weather won’t
permit paving, the road could be opened with a
gravel base. Mr. Marcy spoke of sloughing
caused by heavier trains that run through more
often.
Mr. Marcy left the meeting at 9:05 a.m.
Ms. Nelson informed Commissioners that Road and
Bridge has $34,000 in close out funds coming to
them from Phase 2 of the Meadow Creek Road
Project. Mr. Gutshall hopes to put those funds
into the cost of hot patch mixes that he
originally wouldn’t have had the funds for.
Ms. Nelson said the waterline project on Brown
Creek is complete and the road is open to
travel. Road and Bridge crews have removed trees
off various roads as a result of heavy winds.
The Local Highway Technical Assistance Council
(LHTAC) training recently provided covered a lot
of projects the county can apply for with
funding available for safety improvements. Ms.
Nelson said she had sent Commissioners new Title
VI information as well as the link to this
information.
9:10 a.m.,
Commissioners opened bids for the county fuel
supply for fiscal year 2013-2014. Present were:
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, Deputy Clerk Michelle Rohrwasser, and
Road and Bridge Office Manager Renee Nelson. The
bid opening was recorded.
One sealed bid was received from Dyck’s Oil and
Auto. The bid contains a security check totaling
$8,525.35. Bid details are as follows: an
estimated 10,000 gallons of unleaded E-10
gasoline at a cost of $3.455 per gallon for a
total of $34,550, 40,000 gallons of ultra low
diesel #2 (dyed) at a cost of $3.307 per gallon
for a total of $132,280, and 1,000 gallons of
diesel #1 (dyed) at a cost of $3.677 for a total
of $3,677. The overall bid total was $170,507.
Ms. Nelson said the cost of the fuel bid has
increased from last fiscal year by one penny.
Ms. Nelson said Mr. Gutshall stated he would
like to take the bid under advisement if there
was an increase and to continue the decision
until the next Road
and Bridge Department Report so he could look
into the increase.
Commissioner Kirby moved to continue the bid
decision for
Monday, November 4, 2013 so the Road
and Bridge Superintendent can review the bid
information. Commissioner Pinkerton second.
Motion passed unanimously.
The meeting with Ms. Nelson ended at
9:15 a.m.
9:20 a.m.,
Courthouse Maintenance Jerry Kothe joined the
meeting to provide a department report. Mr.
Kothe presented a written report to include the
following: the roof of the Courthouse has been
resealed; a list of county surplus personal
property that has already been declared surplus
has been compiled and presented to
Commissioners; a valve in the basement has been
replaced as it didn’t shut completely; the frost
free valve is leaking, but a plumber will have
to fix it; the restrooms at the fair grounds, RV
dump and Deep Creek boat launch have been closed
for the winter; and the Courthouse entranceway
heater has been turned on. Clerk Poston
mentioned an issue with the leaves that fall
into the parking lot as people can’t find the
lines for the parking spaces and it poses a
problem as the ground becomes slippery.
Mr. Kothe spoke of setting up for the City of
Bonners Ferry election.
The meeting with Mr. Kothe ended at
9:25 a.m.
9:25 a.m.,
Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Kirby moved to go into closed
session under Idaho Code 31-871. Commissioner
Pinkerton second. Motion passed unanimously.
9:40 a.m., Commissioner Kirby moved
to go out of closed session. Commissioner
Pinkerton second. Motion passed unanimously.
Commissioner Kirby moved to review indigent
account #2013-14 again in April 2014 for
possible reimbursement and to set reimbursement
on indigent account #2011-13 at a minimum of $50
per month when the applicant is working in
addition to 30% of annual state and federal tax
refunds. Commissioner Pinkerton second. Motion
passed unanimously.
Commissioners agreed to leave reimbursement on
indigent account #2004-21 as is.
Commissioner Pinkerton moved to approve indigent
application #2013-33 as per the Clerk’s
recommendation. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to approve
non-medical assistance for indigent application
#2014-2. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Pinkerton moved to deny indigent
application #2013-35. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to suspend indigent
application #2013-34 pending eligibility for
social security disability and subsequently
Idaho Medicaid. Commissioner Kirby second.
Motion passed unanimously.
Deputy Clerk Ryals left the meeting at
9:45 a.m.
Commissioners tended to administrative duties.
9:50 a.m.,
Glen Fodge joined the meeting.
Mr. Fodge informed Commissioners that he spent
$55,000 to have his own river bank rip rapped,
but since the Kootenai
River level has been lowered it has
knocked all the dirt off due to the vibration
caused by machinery the Kootenai Tribe is using
to drive pilings in near Toby Schnuerle’s
property. The US Army Corps of Engineers came in
and took pictures and saw the sloughing.
Mr. Fodge said the Corps went back to the
Seattle Office and he did not hear back from
them for quite some time, and when he finally
did receive a call from the Corps he was told
nothing would be done since the water is not
coming over the river bank. Mr. Fodge said he
left a message for Boundary County Emergency
Services Incident Commander Bob Graham who told
suggested Mr. Fodge meet with Commissioners. Mr.
Fodge said Sue Ireland with the Kootenai Tribe
of Idaho
said the machine that drives the pilings does
not cause vibration. Chairman Dinning said he
doesn’t know what assistance the County can
provide since this is a project with the
Kootenai Tribe and the Corps of Engineers. Mr.
Fodge said Ken Roberts with US Department of
Agriculture (USDA) had supposedly informed the
Tribe that putting in the pilings would cause a
problem. Mr. Fodge said he thought there may be
emergency funds available for this.
Bonners Ferry Herald Reporter Laura Roady and
Blue Sky Broadcasting News Reporter Mike Brown
joined the meeting at
9:53 a.m.
Chairman Dinning said he is at a loss because
the county has no authority until there is
imminent threat. Mr. Fodge said there is that
threat to what work he has already done.
Chairman Dinning said he doesn’t know where the
county has a place at the table other than to
ask Mr. Graham to ask the Tribe to take a look
into this. The emergency money the county would
have access to would come from the state and the
county would have to pay the match. Mr. Fodge
said the plug that was installed was done before
any flooding happened. Mr. Fodge said he was
just hoping some pressure from the Commissioners
would help. Chairman Dinning asked Mr. Fodge if
he had talked to the Tribe, and Mr. Fodge said
he tried talking to Sue Ireland and she wouldn’t
even take a look at his issue. The feeling is
the Tribe feels their machines wouldn’t cause
vibration, according to Mr. Fodge. Mr. Fodge
said this is an area of his property that hasn’t
had problems before and the portion of his
property that has sloughed
is 20 feet in depth and 100 feet in length.
Commissioners said they would talk to Mr. Graham
to see what solution there is. Commissioner
Pinkerton said he would try to get out to Mr.
Fodge’s property sometime this week.
The meeting with Mr. Fodge left at
10:00 a.m.
Commissioners tended to administrative duties.
Commissioner Pinkerton moved to approve the
minutes for September 16 & 17, 2013 and September 23, 2013. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to adopt Resolution
2013-44. A resolution to establish Hospital
supplemental levy revenue account and expense
budget due to receipt of unanticipated revenue
from interest and penalty. Commissioner Kirby
second. Motion passed unanimously. Resolution
2013-44 reads as follows:
RESOLUTION 2013-44
ESTABLISH HOSPITAL SUPPLEMENTAL LEVY REVENUE
ACCOUNT
AND EXPENSE BUDGET DUE TO RECEIPT OF
UNANTICIPATED
REVENUE FROM INTEREST AND PENALTY
WHEREAS, the Board of County Commissioners,
County of Boundary, State of Idaho, did
establish an operating budget for fiscal year
2012-2013; and
WHEREAS,
$5,620.72 in unanticipated interest and penalty
has been received for the Hospital Supplemental
Levy, and
WHEREAS, it is appropriate to establish the
Hospital Supplemental Levy Revenue Budget
Account Number 79-00-313-2012 and Expense
Account Number 79-00-559-00 in the amount of
$5,620.72; and
WHEREAS, the addition of this revenue does not
affect the tax levy for
Boundary
County;
and
NOW THEREFORE, upon motion duly made, seconded
and unanimously carried,
IT IS RESOLVED that the establishment of the
Hospital Supplemental Levy Revenue Budget
Account Number 79-00-313-2012 and Expense
Account Number 79-00-559-00 in the amount of
$5,620.72 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.
THIS
RESOLUTION is to be effective
September 30, 2013.
DATED this 28th day of October, 2013
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/____________________________
LeAlan L. Pinkerton, Commissioner
s/____________________________
Walt Kirby, Commissioner
ATTEST:
s/_________________________________________________
Glenda Poston, Clerk of the Board of
County
Commissioners
Recorded as instrument #259211
Commissioner Pinkerton moved to adopt Resolution
2014-3. A resolution to deposit interest
revenues into the Justice Fund pursuant to Idaho
Code 31-4603(3). Commissioner Kirby second.
Motion passed unanimously. Resolution 2014-3
reads as follows:
Resolution 2014-3
A RESOLUTION TO DEPOSIT INTEREST REVENUES
INTO THE JUSTICE FUND PURSUANT TO
IDAHO
CODE 31-4603 (3)
WHEREAS, the
Board of County Commissioners, County of
Boundary, State of Idaho, did establish a
Justice Fund for Boundary County, and
WHEREAS,
interest revenues from investments are available
monthly, and
WHEREAS, Idaho
Code 31-4603 (3) establishes that such revenues
may be apportioned to the Current Expense Fund
or the Justice Fund by the Board of County
Commissioners to meet the greatest funding need
in each local jurisdiction, and
WHEREAS, the
Boundary County Clerk has informed the Board of
County Commissioners that sufficient funds are
on hand for the operation of the Current Expense
Fund and insufficient funds exist for the budget
operation of the Justice Fund, and
WHEREAS, the
Boundary County Board of Commissioners has
determined that the Boundary County Justice Fund
is in the greatest need of funding,
NOW THEREFORE,
upon motion duly made, seconded, and unanimously
carried,
IT IS HEREBY RESOLVED that the deposit of
interest revenues from investments up to
$34,000.00 be made to the Boundary County
Justice Fund.
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 28th day of October, 2013
COUNTY
OF
BOUNDARY
BOARD OF COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/____________________________
LeAlan L. Pinkerton, Commissioner
s/____________________________
Walt
Kirby, Commissioner
ATTEST:
s/
____________________
GLENDA POSTON, Clerk of the Board of
County
Commissioners.
Recorded as instrument #259212
10:30 a.m.,
Kyle Flory and Rob Tenas of Kyle and Rob
Productions joined the meeting to provide
Commissioners with an update of the documentary
on Boundary
County. Those present were provided
a showing of documentary’s trailer.
Commissioners suggested ways to get word to the
media and other outlets that donations to help
complete the documentary are welcome. Those
present discussed the budget for the project and
how the county can appropriately collect the
donations. Clerk Poston will check with the
county’s outside auditor as to whether or not
the donations will be a tax deduction for those
who donate.
The meeting with Mr. Flory and Mr. Tenas ended
at 10:55 a.m.
Commissioners discussed issuing more funds for
the documentary project.
11:00 a.m.,
Bonners Ferry District Forest Ranger Kevin
Knauth joined the meeting.
Mr. Knauth said the Forest Service is back in
full swing now that the government shut down has
ended. The schedule for timber sales has been a
bit compressed due to the loss of three weeks
during the shut down, and most employees would
like to get those back on schedule if possible.
The Hellroaring and Kreist sales have been
delayed, but they will be done by the dates the
Forest Service is looking at. The Twenty Mile
and South Kreist Projects will have sales the 4th
quarter of this year. Chairman Dinning asked how
many sales have been shut down. Mr. Knauth
explained the process. There will be no new saw
work after letters were received except as it
pertains to safety, etc. All materials will need
to be sent to the mills prior to the projects
being shut down so it keeps people working. Mr.
Knauth said in the long run this district didn’t
get hit too hard in areas such as camp ground
staff.
Stewardship Authority has been extended to
January 15, 2014. The Collaborative
Forest Landscape Restoration Program (CFLR) will
be used to help subsidize the helicopter logging
sale. Mr. Knauth briefly spoke of the schedule
for timber sale projects.
Chairman Dinning said when he got figures for
the Forest Plan, it was 32 million and he’s
sensing Boundary
County will be putting out half of
that volume.
Commissioner Pinkerton asked if it would be safe
to skid if the government shut down again in
January. Commissioner Pinkerton asked how bonds
for these projects are affected as a result of a
government shut down. Chairman Dinning said he
hopes there isn’t anything that will affect the
East Fork Meadow Creek project.
Mr. Knauth said the Forest Plan Revision will
have some dates for Forest Supervisor’s Office
and it will talk about comments. This will come
up at the November 18th Kootenai Valley Resource
Initiative (KVRI) meeting and then on the 25th
the Kootenai Tribe will be briefed at 10:00 a.m.
Mr. Knauth said KVRI is open to public, but the
Forest Service may want to more broadly report
that this is occurring. It would be a good
opportunity for the public to hear this.
Mr. Knauth informed Commissioners of replacing
culverts on the road up to Roman Rose.
Commissioner Pinkerton spoke of setting up a
community firewood day, and he referenced a
specific area with spruce and larch. There could
be a community fire wood day as the wood
wouldn’t be any good when winter hits.
Commissioner Pinkerton asked if the Forest
Service would consider this as currently you
can’t walk through the area. Chairman Dinning
said you would have to get the Fish and Wildlife
Service to also agree. Mr. Knauth said the gates
involve an interesting monitoring system and
each person and vehicle would have to be logged
in. Mr. Knauth said it would be challenging, but
he feels it is worth discussing.
Those present discussed issues involving Forest
Service roads and trails and those areas being
left in the road system. Mr. Knauth said he
would prepare for that discussion.
The meeting with Mr. Knauth ended at
11:40 a.m.
Treasurer Jenny Fessler joined the meeting.
Commissioner Pinkerton moved to tax deed parcel
#RP62N01E123400A on
December 27, 2013 at
10:00 a.m.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton moved to set tax deed
hearing for delinquent 2010 taxes for March 18, 2014. Commissioner Kirby second. Motion
passed unanimously.
Commissioners and Treasurer Fessler discussed
delinquent property taxes owed by Joseph
Duginske for parcel #RP60N01W288401A. Treasurer
Fessler informed Commissioners of the amount Mr.
Duginske owes to Cabinet Mountain Water
District. If the property is going through the
tax deed process, there will be another
approximately $200 at a minimum for charges and
another cost for interest of $1,200 excluding
Cabinet Mountain Water District fees. The county
can start the tax deed process and during this
time Mr. Duginske can make the payments and if
he gets the taxes caught up, the property won’t
need to be tax deeded.
Commissioner Kirby moved to deny the request
made by Joseph Duginske for an extension of time
to pay taxes for parcel #RP60N01W288401A.
Commissioner Pinkerton second. Motion passed
unanimously.
Commissioner Pinkerton moved to cancel specials
totaling $131.48, penalties totaling $2.62, fees
totaling $20, and interest totaling $12.34 for a
total of $166.44 for tax year 2012 for parcel
#MH61N01E31120BA. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to cancel $226.42
in deferred taxes for tax year 2012 for parcel
#RP61N01E014601A so the taxes can be certified
to the real property roll for year 2013.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton moved to cancel $110.10
in deferred taxes for tax year 2012 for parcel
#RP64N01E289160A so the taxes can be certified
to the real property roll for year 2013.
Commissioner Kirby second. Motion passed
unanimously.
Treasurer Fessler left the meeting at
11:55 a.m.
Chief Deputy Clerk Tracie Isaac joined the
meeting at Commissioners’ request to clarify
matters pertaining to over time for shift
differentials and holidays worked.
Chief Deputy Clerk Isaac left the meeting at
12:05 p.m.
Commissioners recessed for lunch at
12:05 p.m.
1:30 p.m., Commissioners reconvened for the
afternoon session with Chairman Dinning,
Commissioner Pinkerton, Commissioner Kirby,
Clerk Poston, and Deputy Clerk Rohrwasser.
Commissioner Pinkerton moved to authorize the
Chairman to sign the Equitable Sharing Agreement
and Certification for fiscal year ending
September 30, 2013 for the
Prosecutor’s Office. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to cancel taxes
totaling $9.77 and specials totaling $19.43 for
year 2013 for parcel #M30160000019AA due to a
clerical error. Commissioner Kirby second.
Motion passed unanimously.
1:35 p.m., Commissioner Pinkerton 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. Commissioner
Kirby second. Commissioners voted as follows:
Chairman Dinning “aye”, Commissioner Pinkerton
“aye”, and Commissioner Kirby “aye”. Motion
passed unanimously.
1:50 p.m., Commissioner Kirby moved
to go out of executive session. Commissioner
Pinkerton second. Motion passed unanimously. No
action was taken.
Commissioners tended to administrative duties.
1:55 p.m.,
Commissioners spoke to Stephanie Lewandowski via
telephone in regards to the grant application
for playground equipment. Ms. Lewandowski is
writing the grant for the Parks and Recreation
Department. Ms. Lewandowski said the amount
requested is $60,000 and that is the difference
between the total project and the amount that
has been raised to date, which is approximately
$40,000. Ms. Lewandowski said Rotary has already
committed $10,000 from the beginning of the
project and the Parks and Recreation Board also
had funds from the prior year and from funds
donated. The grant letter from the Parks and
Recreation Department is all that has to be
submitted. Ms. Lewandowski informed
Commissioners this grant is to help fight child
obesity. Chairman Dinning asked Ms. Lewandowski
if she could also obtain a letter of support
from the Kootenai Tribe and the City of
Bonners Ferry. Ms.
Lewandowski said she would make contact with
those organizations.
Commissioner Pinkerton moved to sign the grant
application for the Community Giving Grant for
the Parks and Recreation Board for playground
equipment. Commissioner Kirby second. Motion
passed unanimously.
The telephone call to Ms. Lewandowski ended at
2:00 p.m.
2:00 p.m.,
Restorium Administrator Karlene Magee joined the
meeting. Ms. Magee said she will have 32
residents soon. Ms. Magee spoke of potential
residents.
Commissioners asked Ms. Magee if she would like
assistance in creating a job description for an
administrative assistant. Ms. Magee said she was
given information to help with that. Ms. Magee
spoke of a long term employee, who currently
works part time being promoted to full time. Ms.
Magee said she also needs two more personal
service assistants (PSA) and an additional cook.
Ms. Magee said these additional staff members
would help to complete the schedule, but not if
someone calls in sick. Commissioners asked Ms.
Magee to work with Clerk Poston and Chief Deputy
Clerk Isaac on developing a job description for
administrative assistant. Ms. Magee said it
would help her to have someone who can fulfill
the administrative duties, but she also needs
someone who knows the rules and regulations as
she does. Commissioners said Ms. Magee could
just designate someone as her second in command,
but they wouldn’t have the title of assistant
administrator.
The meeting with Ms. Magee ended at
2:20 p.m.
Commissioners spoke to County Civil Attorney
Tevis Hull via telephone regarding the airport
land acquisition details.
The Laverne and Eunice Dinning property
transaction has closed and Attorney Hull said he
would prepare the last documents for JUB
Engineering to assist with reimbursement from
the Federal Aviation Administration (FAA).
Chairman Dinning said he’s quite dissatisfied
how the first transaction went so there needs to
be a better structure.
Attorney Hull
said in July 2013, the offer letters were sent
out to the property owners. Roxanne Grimm with
Epic Land Solutions visited the property owners
and presented them offer letters and had them
sign a document. Whatever representations were
made, the Merrifields thought the county would
make up the difference of the funding in regards
to their property. The Merrifields acted on the
offer letter and now the Merrifields, Stolleys
and the Merrifield’s attorney are contacting
everyone to find out what is going on. The
Merrifields would like to know why they can’t
get the same transaction arrangement as the
Dinning’s. Chairman Dinning said he understands
that only the offer letters for a certain price
were given and Commissioners were not made aware
of any other conditions of the sale. Attorney
Hull
said he has never seen a purchase and sale
agreement. Chairman Dinning said JUB Engineering
has no authority to bind the county. Chairman
Dinning said there is no communication that he
is aware of regarding that part of the process.
Chairman Dinning said he would like to meet with
Airport Manager Dave Parker so Commissioners can
be made aware of the conversation he and Airport
Board member Pat Gardiner had with Gary Gage
from the Federal Aviation Administration (FAA)
Helena,
Montana Office. Attorney
Hull
said the sellers are owed a phone call as to the
status of the situation. Commissioner Kirby said
the Dinning matter is now taken care of, but
those costs are to be reimbursed to the county
so the loan can be paid off. Attorney
Hull
said there is an assignment of funds that would
go back to Panhandle State Bank. Attorney
Hull discussed
reimbursement scenarios, and Chairman Dinning
said he wants to see the funds reimbursed to the
county prior to funding the next property
purchase.
Attorney Hull
said of the representations that are being made
to the Bylers and Merrifields, he is only aware
of the offer letter as the only documentation
going out from Commissioners. Commissioner Kirby
reiterated that he doesn’t want to proceed with
the next transaction until the FAA reimburses
the county for the first transaction. Attorney
Hull recommended
including JUB Engineering staff, the
Merrifields, Stolleys and Ms. Grimm in the next
meeting to discuss the status of the
acquisition.
2:55 p.m. Commissioner Kirby 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
Pinkerton second. Commissioners voted as
follows: Chairman Dinning “aye”, Commissioner
Pinkerton “aye”, and Commissioner Kirby “aye”.
Motion passed unanimously. 3:10
p.m., Commissioner Kirby moved to go
out of executive session. Commissioner Pinkerton
second. Motion passed unanimously. No action was
taken.
Commissioner Kirby moved to approve the minutes
of September 16 & 17, 2013. Commissioner
Pinkerton second. Motion passed unanimously.
Commissioners tended to administrative duties.
There being no further business, the meeting
recessed until tomorrow at
9:00 a.m.
***Tuesday,
October 29, 2013,
Commissioners met in regular session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m.,
Commissioners held an elected
officials/department heads meeting. Present
were: Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, Chief Deputy Clerk Tracie Isaac,
Assessor Dave Ryals, Treasurer Jenny Fessler,
Courthouse Maintenance Jerry Kothe, Noxious
Weeds Superintendent Duke Guthrie, Extension
Office Educator Carol Hampton, Chief Probation
Officer Stacy Brown, Solid Waste Superintendent
Claine Skeen, Road and Bridge Office Manager
Renee Nelson, and Restorium Administrator
Karlene Magee.
Chairman Dinning said there are certain things
to put into place at the beginning of this
budget year, such as it has been advised that
county departments require a Request for Records
form be completed when someone from the public
requests copies of public documents. It just
adds the proper process, according to Chairman
Dinning. It was said the county is not
responsible to conduct research for the public.
Chairman Dinning gave a reminder that if any
office has a computer issue, they should get
their name on the list so Computer Arts can work
on the issue. Chairman Dinning said it’s good to
notify the Clerk about the list details so she
can track Computer Arts’ hours for budget
purposes.
Chairman Dinning asked those present what is new
with each office. Mr. Guthrie said his new Weeds
Department truck was delivered. Ms. Nelson said
Deep
Creek Bridge
#2 is now open and hopefully by the end of next
week the emergency project to repair sloughing
on Deep Creek Loop should be done. Chief Deputy
Clerk Isaac reminded those present that the
Idaho Counties Risk Management Program (ICRMP)
training still needs to be completed by some,
and Summer McDonald from Job Service provided
her with information on lawful job interview
techniques. Chairman Dinning asked Chief Deputy
Clerk Isaac to contact Ms. McDonald to see if
she would be willing to host a meeting in the
Extension Office to answer any questions about
interviewing job applicants. Ms. Magee said she
is looking for a part time cook for the
Restorium as well as an administrative
assistant. The cook position will be less than
30 hours per week. Assessor Ryals said a couple
of his office positions are changing and he is
now looking for someone to fill a position in
Auto Licensing. Clerk Poston said she and Chief
Deputy Clerk Isaac participated in the Idaho
Association of Counties webinar on the topic of
shared employees. Clerk Poston informed everyone
that these webinars are available for any
office. Mr. Studer said the Planning and Zoning
Office is quite busy, and the Planning and
Zoning Commission will meet with
County
Commissioners to discuss their
Comprehensive Plan proposal. Ms. Hampton said
she is teaching a food handlers course so if
anyone needs to be certified, the course is
free. Ms. Hampton said she is looking for a
Friday Friends assistant to work one day per
week. Ms. Brown said the Probation Office is
busy as usual. Treasurer Fessler said she is
getting tax notices ready to send out.
Chairman Dinning said most people will see an
increase in their taxes due to the Ambulance
Service District as well as the county’s levy
increase. Mr. Kothe said he is winterizing
equipment. Mr. Kothe said he has a list of
surplus items. Treasurer Fessler informed
Commissioners that she would like to update her
website page, but the county doesn’t have an IT
person. Mr. Skeen said he’s just been burying
garbage and he’s noticed recycling has decreased
a bit.
The elected officials/department heads meeting
ended at 9:30
a.m.
9:30 a.m.,
County Noxious Weeds Superintendent Duke Guthrie
joined the meeting to give his department
report. Mr. Guthrie said he’s been working on
the reports for the Neighborhood Coop Program
and he discussed the program with Commissioners.
Chairman Dinning said if money were no object,
it would be ideal to start at the south end of
the county and work north treating weeds, and he
asked if the Weed Board had any sort of plan
similar to that. Mr. Guthrie presented
Commissioners with pictures referencing weed
treatment applications.
The meeting with Mr. Guthrie ended at
9:45 a.m.
Commissioner Pinkerton moved to accept the
assignment of 84.46% to the Catastrophic Health
Care Cost Program on indigent account numbers
2013-1 and 2013-3 combined and the assignment of
51.76% on indigent account # 2013-12 and the
assignment of .18% on indigent account #2013-10.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton moved to sign the City
County Dispatch Agreement for fiscal year
2013-2014. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Pinkerton moved to authorize the
Chairman to sign the Agreement for Maintenance
Services with Valence Wireless and
Communications for the Sheriff’s Office.
Commissioner Kirby second. Motion passed
unanimously.
10:00 a.m.,
Commissioners held a public hearing for Planning
and Zoning application 13-067, the Bagley Short
Plat Primitive Subdivision. Present were:
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Deputy Clerk
Michelle Rohrwasser, and Planning and Zoning
Administrator Dan Studer. No one from the public
was present nor was the applicant present. The
public hearing was recorded. No member cited a
conflict of interest.
Mr. Studer provided a staff report. Ms. Bagley
would like to divide her family-owned, 20 aces
parcel into a 6 acre and a 14 acre parcel. There
are no conflicts with any Ordinance provisions
or with the Comprehensive Plan. The minimum lot
size for the rural residential zone is a minimum
five acres. Public comment was received by the
State of Idaho,
who also had no conflict and from a member of
the public who lives out of town.
Mr.
Studer said Russell Rosco wanted more
information on what a subdivision is and Mr.
Rosco’s concern was having a development in that
area, but those concerns were alleviated. This
area in question does not lend itself to a
subdivision or further residential development,
according to Mr. Studer. Chairman Dinning said
the new owner of the larger parcel created could
divide that parcel one more time.
Mr. Studer said there is access from the private
road “Narrow Lane”
and the subject property is located at the end
of that road. Narrow Lane accesses
Kootenai Trail Road in
Paradise
Valley. Commissioner Pinkerton asked
for details of Narrow
Lane. This road does
have a 60 foot easement and access for utility
easements will remain.
The hearing was closed to further public
comment.
Commissioner Pinkerton moved to approve the
Planning and Zoning Application #13-067, for the
Bagley Short Plat Primitive Subdivision.
Commissioner Kirby second. Motion passed
unanimously.
It was stated the Bagley applications meets all
intents of the Ordinance and Comprehensive Plan.
The public hearing for Planning and Zoning
Application #13-067 ended at
10:10 a.m.
10:10 a.m.,
Planning and Zoning Administrator Dan Studer met
with Commissioners to discuss his proposal for a
Zone Ordinance amendment. Mr. Studer spoke of
the current process and said on the landowner’s
end it’s more complicated and costly, but for
the county, he processes the public hearing
notice at a cost of approximately $50, he spends
time getting documents ready, receiving public
comments, and getting the property signs posted.
County
Mapper Tom Ulappa is to manage each
subdivision as a unique entity as opposed to a
parcel of land on a record. These divisions are
tracked through county records more laboriously.
If any of these properties have a driveway that
touches a county road, the applicant pays $35
and they have to obtain a metes and bounds
description.
Mr. Studer discussed a scenario where a property
owner wants to split his 10 acres into two five
acre parcels, but since the property doesn’t
touch a county road the property owner has to go
through a lot of processes and expense. Mr.
Studer mentioned possible definition title
changes such as simple parcel division as
opposed to simple subdivision and changed
requirements for platting to a record of survey
to show all easements, etc., or lack thereof.
The property owner will have to have the parcel
surveyed, Planning and Zoning Office approval as
opposed to County
Commissioner approval, and that
alleviates need for a public hearing. The
maximum number of lots allowed is three. Mr.
Studer said he would like to make this a one
time situation and nail down any loose
provisions such as a property owner with 80
acres seeing where he can get away with only
dividing three parcels at one time, but doing
that multiple times.
10:30 a.m.,
Planning and Zoning Commission member Marciavee
Cossette joined the meeting.
Commissioner Kirby mentioned family members
selling portions of a parcel to each other. Mr.
Studer said the ability to convey property to
another family member is still allowed.
Chairman Dinning said using the 80 acres example
he can split the property into two 40 acres
parcels without any hassle, Then each of those
two 40 acre parcels can be split again creating
two 20 acre parcels each, already created four
parcels. Then the property owner can create two
10 acre parcels out of the 20 acre parcel. Mr.
Studer said if both parcels have driveway access
to a county or state road, it’s a simple parcel
division, but if not, it would be considered a
short plat subdivision. Chairman Dinning said
the property would need to be surveyed. Three
parcels are too many, according to Chairman
Dinning. This process creates a density and one
thought is there is no notification process to
the adjoining landowners. So it the split is
into two parcels, it won’t create a huge density
problem like three parcels could. Mr. Studer
said most people who do this are off grid and
seem to like low traffic private roads.
Chairman Dinning said what could occur if there
was a private parcel at the end of the road, is
the potential of more traffic, but at least
adjoining landowners know what is going on
through notification. Chairman Dinning said he
likes the idea of reducing the county’s costs to
the public as much as possible.
Chairman Dinning said ordinances should not be
created to be a hassle to the taxpayer, but to
provide structure and order for what is being
done. Commissioner Kirby said he’s all in favor
of going forward with this.
Planning and Zoning Commission Chairman Matt
Cossalman joined the meeting at
10:35 a.m.
Commissioner Kirby suggested continuing the
discussion with County Civil Attorney Tevis
Hull, County Mapper Tom Ulappa and
Commissioners. Chairman Dinning voiced concerns
going forward pertaining to future Ordinance
changes or changes in Planning and Zoning staff.
Commissioners said they were in agreement to
continue looking into this proposal going
forward.
The meeting to discuss Mr. Studer’s proposal
ended at 10:45
a.m.
Commissioners tended to administrative duties.
Planning and Zoning Commission members: Chairman
Matt Cossalman and Marciavee Cossette met with
Commissioners to discuss proposed changes to the
Comprehensive Plan. Also present was Bonners
Ferry Herald Reporter Laura Roady, Planning and
Zoning Administrator Dan Studer, and Blue Sky
Broadcasting Radio News Reporter Mike Brown.
Mr. Cossalman referred to Chapter 13 regarding
land uses delineated in specific land use zones.
Mr. Cossalman said this is for the Ordinance so
that terminology would be replaced with more
general language. Chairman Dinning Chapter
13.4.7., states “must” and that mandates
something so it can be a conflict with the
Ordinance and he further voiced his concerns
with that term, especially in the instance of
being challenged.
Pat Gardiner joined the meeting and voiced his
concerns over what was being reviewed. Mr.
Gardiner said his problem is that none of these
proposed changes have been given public notice.
Chairman Dinning said this discussion is just
preliminary and there would be a public hearing.
Mr. Gardiner said there area lot of objectives
that are supposed to be considered, and there
are proposed changes to the section on the
airport, but no one has met with the Airport
Board about this. These kinds of changes or any
changes would give standing to anyone to come in
and litigate. Chairman Dinning mentioned talking
to County Attorney Tevis Hull about this, but
that this is just an informational meeting. Mr.
Gardiner said Commissioners have every right to
do that, but it should be done in a public
hearing and be transparent.
Mr. Studer said he has no application for a
Comprehensive Plan zone amendment in his office
yet and this amendment would be developed at a
Planning and Zoning meeting in November on the
21st. The Planning and Zoning
Commission would fill out an application and if
so chose, vote in favor to proceed in that
manner. There have been workshops conducted
since last March that were publicly advertised.
The workshops were held at two week intervals
and they have been open for public comment.
Today’s meeting before Commissioners has also
been agendized and is open to the public. The
Planning and Zoning Commission will look at the
application in November and go through the
public hearing process as the Ordinance
provides.
Chairman Dinning said there are valid concerns
as far as the airport is concerned. Chairman
Dinning said Commissioners will also contact the
county’s attorney to ensure the proper process
is being following. Chairman Dinning said
anytime the county has the ability to improve
something, Commissioners need to look at that,
but will double check that they are going down
the proper road for the community to have input.
Commissioners mentioned discussing this matter
again on Monday, November 4th.
Chairman Dinning said if there is something that
can be improved upon, the county should always
look at into that. Mr. Studer said Attorney Hull
also has a copy of the information Commissioners
have.
Mr. Studer referenced a public notice and said
this is a legislative Comprehensive Plan
amendment, which doesn’t require everyone in the
county getting a letter. Mr. Studer spoke of
publishing legal notices in the legal section of
the Newspaper as well as publishing a double
column add twice prior to a public hearing. Mr.
Studer said people still come in and say they
never got notice and if Commissioners have
another option. Chairman Dinning reiterated
Commissioners would get in touch with Attorney
Hull to ensure the correct path when discussing
this.
Mr. Cossalman said he would like to have the
best proposal to present to the public, and of
the concerns Mr. Gardiner expressed those are
what he would also like to have already
addressed in the proposal to the public. Mr.
Studer said for record if there are concerns and
issues with procedure, he would like the
documentation sent to him so he could have it on
file for the public’s information.
Commissioner Pinkerton said he understands Mr.
Gardiner’s concerns as well as Mr. Cossalman
wanting to discuss the proposal, but there isn’t
a rushed timeline. Mr. Cossalman said this is
the process that he outlined to Commissioners
back in January so it’s been outlined for months
and months.
The meeting to discuss the Comprehensive Plan
ended at 11:22
a.m.
Mr. Gardiner briefly discussed his conversation
with Mark Napier, Senior Project Engineer with
JUB Engineering pertaining to issues involving
the airport land acquisition.
Mr. Gardiner left the meeting at 11:35 a.m.
Commissioners spoke to Stephanie Lewandowski in
regards to writing a letter of support for the
Parks and Recreation Department’s playground
grant.
Commissioners tended to administrative duties.
There being no further business, the meeting
adjourned at
12:30 p.m.
/s/
DAN R.
DINNING, Chairman
Attest:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
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