Monday, December 05, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give his departmental report. Mr. Gutshall submitted a written report. Mr. Gutshall said Road and Bridge has been sanding county roads and has repaired the road where the mudslide occurred just north of Feist Creek Resort. Mr. Gutshall said he put in a crude intersection ditch to make sure this doesn’t happen again in the spring. Chairman Smith said other than labor was the County out much for cost and Mr. Gutshall said no. Mr. Gutshall said in the area of Cow Creek Road where the nurseries are located and it winds through the canyon, Road and Bridge has cleared that area and put in a new ditch and culverts. Mr. Gutshall said he will place rock and fabric in a short section of this road. Mr. Gutshall said Road and Bridge has repaired a sink hole near Krogseth Road, has brought rock to Goat Mountain Road, finished work to Gold Road, and has been screening sand at the landfill. Mr. Gutshall and Commissioners spoke of repairing road signs that have been knocked down.

Mr. Gutshall discussed springs north of District 5 Road that have caused troubles. Mr. Gutshall said this area is just north of the old windmill and he was hoping to dig out bigger catches by the springs and put in armor and cross pipes. Mr. Gutshall said hopefully barring other disasters he would like to work on District 5 Road.

Mr. Gutshall requested a motion for next week’s agenda as he may bring in an application for Commissioners to sign in regards to projects for discretionary funds.

Chairman Smith spoke of receiving an email from Karen Welch from Missouri University of Science and Technology. Ms. Welch inquired if the County had its own guidelines for excavation work immediately adjacent to or within earthen levees. Commissioner Dinning said responsibilities for dikes have been left up to their respective individual drainage districts.

Chairman Smith said Commissioners received a message from Donna Standley checking the status of her request to abandon Crescent Road. Commissioner Dinning said his recollection was that Crescent Road goes beyond Ms. Standley’s house and that she was looking at that end section of the road in the low area. Commissioner Dinning said his recollection was also that Commissioners had asked her to present them with a legal description of what needs to be abandoned. It was said there was concern about abandonment as her son has property that road services. Commissioner Dinning said he doesn’t want to create a situation where a property owner doesn’t have access, even though it is Ms. Standley’s own son. Chairman Smith and Mr. Gutshall said they thought there was property belonging to the Jantz family as well.

The Road and Bridge Departmental report with Mr. Gutshall ended at 9:19 a.m.

9:20 a.m., County resident Channing Nagel briefly stopped by Commissioners’ Office to voice a complaint about the Caribou habitat information that had recently been published. Mr. Nagel said proposed Caribou habitat would encompass 600 square miles; 15,000 acres of private land. Mr. Nagel said he is not happy with this and he thinks there has got to be a way to stop this from happening. It was said Caribou were added to the endangered list in middle 1980’s. Mr. Nagel said he asked a federal and state biologist what they’re going to do as there are three endangered species in the same area and now the government eventually wants to lock everything up as critical habitat for Caribou. Mr. Nagel questioned if the government has any statistics to back up what they claim is happening. Commissioner Dinning said these are questions everyone has. Commissioner Dinning said he has spoken to the Office of Species Conservation and they will analyze information for questions and clarification. Mr. Nagel said this has been going on for the last 25 to 30 years. Commissioner Dinning said an environmental group sued the Department of Fish and Wildlife for designated areas and we had requested to be involved in determining the process that determines designation, but were told that wasn’t allowed in the rules. It was said Idaho Department of Fish and Game Biologist, Wayne Wakkinen, has analyzed the quality of habitat and determined there isn’t good quality Caribou habitat in the Selkirk area. Most of the prime Caribou habitat burned up in the Sandance and Trapper Peak fires. Mr. Nagel talked of clear cutting in relation to promoting habitat for the Grizzly Bear and how the environmentalists wouldn’t have been in favor of that if not for the Bear. Now the word is there is a need to get snowmobiles out of that area as animals use the compacted tracks to go after their prey.

Mr. Nagel said the last he heard there were basically 40 Caribou, but they were mostly in Canada. Commissioner Dinning said on January 9, 2012, the Department of Fish and Wildlife is making a presentation on this matter at the Kootenai Valley Resource Initiative (KVRI). 

Mr. Nagel said the Sierra Club in Spokane, Washington is suing to keep another pipe from being put into the Spokane River as the River is already polluted. The new sewage plant representatives have not stated what amount of hazardous materials will be discharged in to the Spokane River. This is just milking the public and taxpayers and everyone is letting them do it, according to Mr. Nagel.

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

9:30 a.m., Clerk Glenda Poston and Deputy Clerk Nancy Ryals joined the meeting to discuss the 45 day comment period for Secure Rural Schools.

Deputy Clerk Nancy Ryals said there is $77 left in Craig Wyden funding, which County GIS Mapper Gary Falcon will use to purchase GIS software. Deputy Clerk Nancy Ryals said according to the resolution this year Commissioners designated .09% of the Secure Rural Schools (SRS) full county payment for expenditures on Title III projects. Clerk Poston said it was .009%. It was said if Commissioners want to use that for certain purposes rules still apply in regards to 45 day comment period. Commissioners asked that the percentage of .09 for Title III projects be re-verified.  

9:36 a.m., Commissioner Dinning moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 9:45 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve on appeal indigent applications #2011-46 and #2011-62. Commissioner Kirby second. Motion passed unanimously.  

Commissioner Dinning moved to deny indigent applications #2012-3 and #2012-5 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.  

Commissioner Dinning moved to approve indigent application #2012-4 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.   

Deputy Clerk Nancy Ryals and Clerk Poston left the meeting.

10:00 a.m., City of Bonners Ferry Assistant Administrator David Sims joined the meeting to update Commissioners on the issue of supplying water to Riverside Park.

Mr. Sims updated Commissioners on the City’s plans to provide a new water line to serve Mr. Villelli’s house in District 2 while at the same time working with the County to provide water to Riverside Park. Those present discussed wells compared to waterlines and treatment to make well water suitable for domestic use. Commissioners spoke of the option of connecting to the waterline for restrooms and drinking water while having a well dug for field irrigation. Commissioners briefly mentioned the difficulty in digging a trench due to rock, but the City now plans on a different route for trenching. The County was asked to make a request to Union Pacific Railroad to waive the permit fee as the waterline will cross railroad property. Mr. Sims said the City will provide the County with an estimate for providing the water tap fee and other related values and meters as well as an estimate for providing electrical service to the proposed restroom.        

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

10:30 a.m., Treasurer Jenny Fessler joined the meeting.

Commissioner Dinning moved to nominate Chairman Ron Smith as candidate of District 1 to serve on the GEM Plan Board of Trustees for a two year term. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to nominate Bingham County Commissioner, Cleone Jolley, for the Member-at-Large Board of Trustees position with the GEM Plan for a two year term. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to appoint Commissioner Walt Kirby to the Catastrophic Health Care Cost Program Board as representative of District 1. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to cancel fees totaling $55.74 for tax year 2011 for parcel #RP65N02E358110A as the cabin should have only been charged for half of the year. Commissioner Kirby second. Motion passed unanimously. 

Assessor Dave Ryals joined the meeting.

Treasurer Fessler, Assessor Ryals, and Commissioners discussed a matter involving the solid waste fee assessed to parcel #MH61N03E041362A owned by Tiffanie Redford. During year 2010, this property had been determined to be unlivable by the Assessor’s Office and the solid waste fee was to have been cancelled by the Treasurer’s Office. Ms. Redford noticed the fee had not been cancelled and she has requested a refund for that year’s solid waste fee.       

Commissioner Dinning moved to issue the amount of the solid waste fee for year 2010 to Tiffanie Redford for parcel #MH61N03E041362A as the parcel had been deemed unlivable by the Assessor’s Office and the Solid Waste fee should’ve been cancelled. Commissioner Kirby second. Motion passed unanimously.

Commissioners, Treasurer Fessler, and Assessor Ryals also discussed a matter involving property taxes paid by property owner Regan Gruszka for parcel #RP60N01E070750A. It was said Mr. Gruszka’s property had been listed in the correct category, but he had been told he was paying too much. It was explained that Mr. Gruszka’s property was in the correct category, but 2.0 acres of category 18 were valued with a rate typically used for that size acreage rather than a more appropriate rate reflecting the full parcel size of 20.0 acres. This resulted in overvaluation for years 2006, 2007, 2008, and 2009. The overage for year 2009 was cancelled and the values have been corrected for subsequent tax years.

Commissioners postponed the discussion on parcel #RP60N01E070750 owned by Regan Gruszka until tomorrow.

Commissioner Dinning moved to sign the contract with Cannon Hills for grinding and hauling wood from the Solid Waste Department. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to authorize the Chairman to sign the Wildland Urban Interface Fire Mitigation Project, Professional Services Contract – Amendment #7 with Panhandle Area Council. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to sign the Legislative Re-Districting Petition and to approve the County’s participation in legislative re-districting. Commissioner Kirby second. Motion passed unanimously.    

11:50 a.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

Tuesday, December 06, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. 

9:00 a.m., Solid Waste Superintendent Claine Skeen joined the meeting to give his departmental report. Mr. Skeen presented Commissioners with the final signed contract with Cannon Hills for wood grinding.

Mr. Skeen presented quotes for a structure to cover a recycling area. Mr. Skeen said he questioned the difference between the two quotes and determined one vendor estimated more for labor and equipment. Mr. Skeen said he sought two quotes, but will seek a third one. Mr. Skeen said another difference between the quotes is the snow loads for trusses.

Commissioners and Mr. Skeen discussed the recycling bins. Commissioner Dinning said he recalled hearing people were having trouble reaching into the bins and he thought maybe some kind of platform could be built to make the reach easier for people. Mr. Skeen said eventually he would like to have people dump their recycling in a specific area on the ground and then work towards placing garbage on the ground in another area. Mr. Skeen said he is going to work on setting up the scales and he feels it will be more convenient for people. Commissioner Dinning asked about potential bee problems in the summer when materials are dumped on the ground and Mr. Skeen said Phil Allegretti informed him of different methods he could try. Mr. Skeen said Waste Management has brought out Spokane Recycling so once the existing contract ends, the County will enter into a new one with Waste Management. The existing contract remains the same even though it is now under Waste Management.

Mr. Skeen said his actual revenue has actually decreased as he is not making as much on baled cardboard. There isn’t as much in revenue received, but tonnage has still decreased. Commissioner Dinning said ultimately this is so much better for the public. Mr. Skeen said it will also be better once he can have the recycling shelter built at the landfill to keep people and materials out of the weather.

Mr. Skeen spoke of a lease on a loader as he would like to trade in an old loader for a new one. Mr. Skeen said originally he was only dealing with CAT, but then he got John Deere involved. There is still paperwork on trade-in value, according to Mr. Skeen. The dollar value on the existing lease is $45,000. Mr. Skeen said initially he was looking for a new loader and found a used one, but it turned out the price difference was not that much. Commissioners said the County has to go out for bids unless there is an opportunity for a piggy back bid. Mr. Skeen said he will review the paperwork he has and the process to follow.

The meeting with Mr. Skeen ended at 9:25 a.m.

9:51 a.m., Treasurer Jenny Fessler and Chief Probation Officer Stacy Brown joined the meeting.

Commissioners and Treasurer Fessler resumed their discussion on taxes paid by property owner Regan Gruszka.

Commissioners said the property owner states he has overpaid his taxes over several years by a total of $6,000. Treasurer Fessler said she obtained information from Assessor Ryals and the actual amount Mr. Gruszka overpaid is $892.86. The question is what does the County do in this case. Commissioner Dinning said issuing reimbursement will set a dangerous precedent. Commissioner Dinning said a property owner has a responsibility to check their own information. Chairman Smith said it’s his feeling the property owner should be reimbursed. Those present discussed the issue that taxes to other taxing districts involved have already been dispersed for those years. Chairman Smith said he was unaware there was an issue so if reimbursement can’t be done he’s spinning his wheels talking about it. Treasurer Fessler said she can see both sides of the situation. Treasurer Fessler said Mr. Gruszka mentioned he had been coming to the Assessor’s Office to complain, but being she’s in a different office, she was unaware. Treasurer Fessler said Mr. Gruszka mentioned he’s talked to a lawyer and it would cost him a couple thousand dollars. Commissioner Kirby said he thought Idaho Code states there can be no refund unless the error was made by the County. Commissioner Kirby said he agrees with Commissioner Dinning and he is against issuing a refund. Commissioner Kirby said this is something he would prefer to talk to the attorney about. If a refund is issued, the County would have to go back to the other taxing entities for this parcel in order to request a refund from them.

Commissioner Dinning moved to deny the request for refund to Regan Gruszka for overpayment of taxes during years 2006, 2007, and 2008 for parcel #RP60N01E070750A. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “no”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed.

The meeting with Treasurer Fessler ended at 10:00 a.m.

10:00 a.m., Chief Probation Officer Stacy Brown gave Commissioners her departmental report. Ms. Brown said there are currently 50 juveniles on probation and more are to be expected as a result of the graffiti. Ms. Brown said she had recommended some individuals involved with the graffiti for the Youth Accountability Board, but that did not happen. Since these individuals were not placed into that program, Ms. Brown said some of them will receive an informal adjustment if they have no prior offenses. All individuals will owe restitution, according to Ms. Brown.

Ms. Brown said there are 57 adults on supervised probation and out of that number 41 are a result of DUI’s. Ms. Brown said a process has just been started that if a misdemeanor probationer is let off without having to pay supervision fees, the offender may be put into the tax diversion program. Those present discussed DUI courts. Commissioner Dinning said the Idaho Association of Counties legislative committee has discussed fees for probation and if legislation comes forward, the committee will be there to either deny or give support. This legislation will address the Boise situation, according to Commissioner Dinning. Ms. Brown said in regards to legislation for a probation fee of $75, she made sure no probationer ever pays more than that. Ms. Brown said her department does have one adult misdemeanor probationer who is paying over the fee of $75 and it only costs the County $10 so that is not out of line.

Chairman Smith spoke of the cost of treatment programs in addition to the $75 probation fee. Commissioner Dinning said he represents the five northern counties on the legislative committee so he needs to be very well educated on where this is going. Chairman Smith said through the Misdemeanor Training and Planning Commissions and the Juvenile Justice Commission, there are a lot of grants available and Ms. Brown knows what to do to utilize those funds.

Ms. Brown said there are 303 adults on unsupervised probation, which is a normal number.

Ms. Brown informed Commissioners there is a group of people in town that would like to start a parenting curriculum. Ms. Brown said the people who would like to be involved have been in the community a long time and it would be good to start a parenting group.

Ms. Brown spoke of the Idaho Juvenile Justice Association (IJJA) and said she has asked the Adult Misdemeanor Training Council to come on board at the yearly conference. The plan is to bring adult probation officers on board with IJJA for training. Ms. Brown said if the Adult Misdemeanor Training Council wants to stick with IJJA that is great or they could branch off on their own.

Ms. Brown informed Commissioners she will be in Boise to attend the administrator meetings.

Chairman Smith and Ms. Brown briefly discussed the 211 Program, which is a program that connects the people with community programs.

The meeting with Ms. Brown ended at 10:14 a.m.

10:14 a.m., Bonners Ferry District Forest Ranger Linda McFaddan joined the meeting.

Ms. McFaddan said the Forest Service has put out the decision on the East Fork Meadow Creek Project and it should be in newspaper for the 45-day comment period. The Forest Service is also working on the Leonia Project. The draft assessment for this project has gone out and the comment period ends December 16, 2011. The Leonia Project is a small project to get the Ponderosa Pine growing.

Ms. McFaddan said the Department of Fish and Wildlife has released information on their Caribou Habitat and their biologist will review the information and eventually give comment. The plan is extremely significant and Idaho Department of Fish and Game has only found one caribou in the last year. Chairman Smith spoke of the ability for people to request a public meeting on this matter. Chairman Smith said it may be more beneficial for the County to request a meeting, but it’s best to see what comes out of the Kootenai Valley Resource Initiative (KVRI) meeting where this will also be discussed. Ms. McFaddan said KVRI meetings are good in that people giving presentations will be asked to address issues and there is no shyness in the questions being asked. Chairman Smith said if property goes to critical habitat, does that affect what can occur in that area and Ms. McFaddan said it could. Ms. McFaddan said her concern would be more from the recreational standpoint. Those present discussed the deadline for the comment period on the Caribou Habitat Plan.

Chairman Smith asked if the snowmobile park in Highland Flats enters Forest Service land. Ms. McFaddan said snowmobiles can eventually access Forest Service land, but not initially.

Ms. McFaddan left the meeting at 10:40 a.m.

Commissioners tended to administrative duties.

10:55 a.m., Boundary County School District Superintendent Dick Conley joined the meeting. Chairman Smith informed Mr. Conley that he received a phone call from someone asking him about the new food service program and how it would be contracted. Chairman Smith said the person wanted to pass a petition and he suggested they should meet before the school board to voice the issue. Chairman Smith said he had been in favor of the four day school week, but the negative point was how it affected support staff. Chairman Smith said by no means would the County ever try to dictate what the superintendent should do, but would hope the School District would be cognizant of the fact that people could lose their jobs.   

Mr. Conley said the School District lost $100,000 on average last year in additional costs put into the food program. Over the last four years the loss has been averaged at $75,000. The School Board is concerned about what to do and has considered contracting with a food service company as this was an ongoing issue. A feasibility study with the Chartwells Company is being done and it will relay what they can or can’t do for the School District so it may be the change won’t save any money at all, according to Mr. Conley. Mr. Conley said if the School Board contracts for services, the service will have to be put out to bid and who knows who will bid.

Mr. Conley explained that Chartwells will meet with District employees on January 10, 2012 at 3:00 p.m., and explain how they operate, what they do, and how they conduct business. Chartwells will not bring in a busload of their employees to replace the cooks, according to Mr. Conley. If the School Board chooses to contract with Chartwells, they will use the employees the school has. Mr. Conley said he is sure Chartwells can save money on food because you can’t be a multibillion dollar corporation and not have the ability to save funds. Chairman Smith said he heard food would be transferred from Coeur d’ Alene in warmers. Commissioner Dinning said the reason for this meeting is because people in the community have asked Commissioners about this. Commissioner Dinning said for clarification the School District is just looking into the process, but Commissioners had been told the matter was a done deal and everyone was out of a job, so this is clearing the matter up. Mr. Conley said the School Board will have a special meeting on Friday at 8:00 a.m., and today letters have gone out to all classified employees that food service, snow closures, and technology will be discussed. This is a workshop meeting and no decisions will be made. No decisions have been made and no decisions will be made, according to Mr. Conley. Chairman Smith said this is how it should be done. If there is a way to save money for the School District and not hurt a lot of people in the process, then that is the way it should be done. Mr. Conley said the results of the feasibility study will be given on January 10, 2012. If the School Board decides to look at the private sector, then they have to seek bids.

Those present discussed school sports.

Mr. Conley asked Commissioners to help the School District out with the rumors as the District just can’t go out and contract with someone.

Chairman Smith he still plans on meeting with Mr. Conley another time and he will bring County Solid Waste Superintendent Claine Skeen to discuss recycling. Chairman Smith said he will also bring County Road and Bridge Superintendent Jeff Gutshall to clear up the rumors that the County is not going to plow roads in the evening.

The meeting with Mr. Conley ended at 11:15 a.m.

There being no further business, the meeting adjourned at 11:15 a.m.

                                                /s/

                                                RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk