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***Monday, March 12, 2012, Commissioners
met in regular session with Commissioner Dan
Dinning, Commissioner Walt Kirby, and Deputy
Clerk Michelle Rohrwasser. Chairman Ron Smith
was out of the office until mid morning tending
to personal matters.
Blue Sky Broadcasting News Reporter Mike Brown
was in attendance at the meetings throughout the
day.
Commissioner Kirby moved to appoint Commissioner
Dan Dinning Acting Chairman in the absence of
Chairman Ron Smith. Acting Chairman Dinning
yielded the chair to second. Motion passed
unanimously.
9:00 a.m., Road and Bridge Superintendent Jeff
Gutshall joined the meeting. Mr. Gutshall
presented a written report. Mr. Gutshall said
Road and Bridge is working on a lot of
right-of-way clearing and working to get the
crusher ready. Break-up hasn’t been too bad as
the weather has been accommodating, according to
Mr. Gutshall.
Mr. Gutshall presented Commissioners with two
agreements from the Idaho Transportation
Department pertaining to engineering work for
the West Side Road/Lion’s Den Road and Deep
Creek repairs needed as a result of the heavy
spring precipitation that occurred in year 2010.
Mr. Gutshall said the estimate for Deep Creek
Loop is $84,000 and an estimated $88,000 for the
Westside Road.
Mr. Gutshall said he has word on the Forest
Highway Project moving forward.
Commissioner Kirby moved to authorize the
Chairman to sign Idaho Transportation Department
Agreement #8041, Project #A012(933), Key #12933
for engineering services for the West Side
Road/Lions Den Road. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Kirby moved to authorize the
Chairman to sign the Idaho Transportation
Department Agreement #8040, Project #A012(932),
Key #12932 for engineering services for Old
US-2/Deep Creek Loop. Commissioner Kirby yielded
the chair to second. Motion passed unanimously.
Commissioner Dinning asked if the Farm to Market
Road is done now. Mr. Gutshall said the gravel
work is done now. Mr. Gutshall said he is
looking at a lot of gravel reconstruction this
year.
Mr. Gutshall left the meeting at 9:13 a.m.
Commissioners tended to administrative duties.
9:45 a.m., Chairman Ron Smith, Clerk Glenda
Poston, and Court Clerk Supervisor Rose Sprungl
joined the meeting to discuss funding the court
assistance position.
Chairman Smith said Kootenai County will pick up
the salary for the court assistance
representative and District 1 counties will be
responsible for this position’s travel and
office space, etc. It was said under the new
agreement there will be more expenses.
Commissioner Dinning said supposedly $16,000
will cover all benefits. Clerk Poston said
insurance costs are still undetermined as the
amount changes if the person who fills the
position is single or married, etc. Clerk Poston
said Boundary County does need court assistance
personnel, but it would be more equitable if the
fee was based on population rather than census
of usage.
Clerk Poston said District 1 is looking at a
five way split rather than usage and as it
stands the cost to the counties in District 1 is
as follows: $10,000 for Kootenai County, $5,000
for Bonner County, $2,500 for Boundary County,
and $1,500 to Benewah and Shoshone Counties.
Those costs would change based on the benefit
package. Clerk Poston said she would contact
Trial Court Administrator Karlene Behringer
about the support for having this position, but
she will encourage establishing the District 1
fees based on population. The cost to District 1
counties based on population is as follows:
$13,000 to Kootenai County, $4,100 to Bonner
County, 2,500 to Boundary County, $950 for
Benewah County, and $1,300 for Shoshone County.
Clerk Poston said each county has to provide
their own office space for the court assistance
position.
Court Clerk Supervisor Rose Sprungl asked about
usage as she has heard Benewah County stated
they had never seen the person who last filled
the position and they felt they weren’t getting
their money’s worth so usage may not be an
accurate account. Clerk Poston said Kootenai
County they will go out for requests for
proposals for a specific amount of pay and the
benefit package is included in that. Boundary
County needs to contribute as well. Clerk Poston
said she would contact Ms. Behringer and stress
the fee based on population rather than usage.
The meeting with Clerk Poston and Court Clerk
Supervisor Rose Sprungl ended at 10:00 a.m.
Clerk Poston remained in the meeting.
Commissioner Dinning moved to approve the
minutes of February 27 & 28, 2012. Commissioner
Kirby second. Motion passed unanimously.
10:05 a.m., Deputy Clerk Nancy Ryals joined the
meeting.
Commissioner Dinning moved to deny indigent
application #2011-52 as the patient qualifies
for Medicaid as of July 1, 2011. Commissioner
Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left at 10:10 a.m.
Commissioners tended to administrative duties.
Clerk Poston left the meeting.
Commissioner Dinning moved support the
recommendation of the Boundary/Smith Creek
Management Executive Committee to appoint Chris
Amoth, Kennon McClintock, Alan Rose, and Jerry
Garten to this committee. Commissioner Kirby
second. Motion passed unanimously.
Commissioners tended to administrative duties.
Commissioner Dinning moved to add the Resource
Advisory Committee /Twenty Mile Documents to the
agenda for 10:30 a.m., as it is a time sensitive
matter. Commissioner Kirby second. Motion passed
unanimously.
10:30 a.m., Commissioner Dinning moved to
authorize the Chairman to sign the Idaho
Panhandle National Forest, Forest Service,
Resource Advisory Council (RAC) project proposal
for facilitation and technical assistance
funding of $20,000 for the Twenty Mile Creek
WUI/KVRI Landscape Approach and other associated
projects with the Collaborative Forest Landscape
Restoration Project (CFLRP). Commissioner Kirby
second. Motion passed unanimously.
Clerk Glenda Poston joined the meeting.
Commissioners contacted Attorney Phil Robinson
via telephone for the following executive
session.
10:30 a.m., Commissioner Dinning moved to go
into executive session under Idaho Code
#67-2345(1)F, To communicate with legal counsel
for the public agency to discuss the legal
ramifications of and legal options for pending
litigation, or controversies not yet being
litigated but imminently likely to be litigated.
Commissioner Kirby second. Commissioners voted
as follows: Chairman Smith “yes”, Commissioner
Dinning “yes”, and Commissioner Kirby “yes”.
Motion passed unanimously. 11:05 a.m.,
Commissioner Dinning moved to go out of
executive session. Commissioner Kirby second.
Motion passed unanimously.
Attorney Robinson remained on the telephone for
the meeting with Bruce and Karen Martins.
County residents Bruce and Karen Martins joined
the meeting at Commissioners’ request to discuss
the National Defense Authorization Act. Chairman
Smith informed the Martin’s that Attorney
Robinson was on speaker phone. It was said
Bonner County has adopted a resolution on this
matter. Chairman Smith said Commissioners have
talked to County Attorney Phil Robinson about
subject and thought it would be good to find out
how to address the Martin’s concerns.
Ms. Martins read aloud her statements on this
matter to Commissioners and referred to
information she has received. Ms. Martins said
she had hoped Boundary County would look into
State Bill 1866, Sections 1021 and 1022. Ms.
Martins said she heard this topic brought up on
the radio about the resolution adopted by Bonner
County, which would supposedly exempt Bonner
County from this act. Ms. Martins said State
Bill #1867 was a bad bill in their opinion. Ms.
Martins referred to letters Lee Haarstick had
written.
Mr. Martins presented Commissioners with written
information to include a copy of a letter
written by Lee Haarstick, a response from
Senator Crapo to Mr. Haarstick, an article from
the Huntington News, an article from the Human
Rights Watch dated December 15, 2011, and
information from Justia.com.
Mr. Martins said as a concerned citizen he’s
hoping a resolution will be adopted by Boundary
County as he became concerned when he heard
about State Bill #1867. Mr. Martins read
paragraph 1 of the Huntington News article and
said within this act, habeas corpus has been
suspended. Mr. Martins mentioned Amendment 6 and
7 of the Constitution where citizens of the
United States have the right to a speedy trial
and witnesses, and under Chapter 7, we have a
right to trial by jury, but when this law was
passed it took away habeas corpus and Amendments
6 and 7. It was said there already is a law
under treason. If someone does something against
the United States, there is already a law. Mr.
Martins said just this morning Eric Holder with
the Department of Justice gave the President
approval to arrest American citizens anywhere in
the world outside the United States without
giving the person time for a trial or anything
to say before a judge. Mr. Martins said from the
Whistle Blower, Rand Paul was talking about this
issue and said there are already laws on the
books that determine who could be a terrorist.
Attorney Robinson said he had no idea the
resolution the Martins mentioned was prepared in
Bonner County until he heard it on the radio.
Attorney Robinson said the resolution was done
through Bonner County’s legal department, but he
wasn’t involved. Attorney Robinson said the one
thing he is concerned about is that the
resolution itself appears to be drafted by some
group other than local officials and sent over
as a boiler plate. Attorney Robinson said he, as
Boundary County’s attorney, would discourage
politicizing this with references that President
Obama did this and that.
It was said Senator Crapo had proposed another
language for this bill that did not survive the
conference committee. Attorney Robinson said he
is not certain about the resolution and where it
is going and that he is concerned that the
Bonner County resolution somehow involves the
Sheriff directly and the legal department by
reference. The concern is people may
unrealistically think that local law enforcement
agencies are going to do something they’re going
to do. Attorney Robinson said this is
politically over-toned and that is fine, but it
may be unfair to our citizens to think that by
passing a resolution we have become a second
level heathen for civil liberties and our
prosecutor will be standing guard to intervene
if something ever occurs. Attorney Robinson said
he wouldn’t want counties to create a false
impression that a phone call to the sheriff or
prosecutor will result in physical intervention.
Initially the arrest by federal agents often
time is pre-warrant or pre-indictment and we
have no idea what they are, according to
Attorney Robinson.
Chairman Smith referred to the resolution
adopted by Bonner County. It was said the
drafting of language in the final draft leaves a
legitimate concern of how someone may use that
legislation. Attorney Robinson said he would
never write a resolution like this for Boundary
County Commissioners unless they directed him
to. Attorney Robinson said he would not draw
attention that this was President Obama’s fault
as it was Congress that passed this. Attorney
Robinson said he would draft a resolution for
Commissioners to review.
Chairman Smith said whether there is a
resolution or not, he thinks Commissioners
should make some kind of statement. Commissioner
Dinning said we’re not going to let someone come
in and step on our citizens. Commissioner
Dinning said when he takes an oath, he is going
to defend his citizens against what this bill
says can happen. Commissioner Dinning said if in
fact legislation does what is being contended,
we need to act with the Congressional delegation
to change it, not by resolution but by letters
of concern and go forward that way rather than a
statement that they don’t like it. Chairman
Smith said we need to let the public know so
they don’t think the County is not doing
anything.
Ms Martins said she thought about the Randy
Weaver incident and the federal agents coming
in, and of how quickly the federal government
jumped on the grizzly bear killing. Commissioner
Dinning clarified the grizzly bear information
for Ms. Martins.
Mr. Martins said getting back to the National
Defense Authorization Act, Senator Risch and
Senator Crapo and 13 others did not vote for
this bill. Mr. Martins said he is concerned
about seeing a storm brewing that will sweep the
nation as it always starts small and if you’re
not paying attention, things happen.
Commissioner Dinning asked the Martins what they
hope Commissioners will accomplish. Mr. Martins
said he doesn’t know what to put together to
accomplish protection for citizens. Mr. Martins
said as someone who follows the laws, he wishes
to be a good citizen and inform the people by
noticing this. Commissioner Dinning questioned
if there has been contact with Senator Jim Risch
or Representative Raul Labrador about this.
Ms. Martins questioned if Idaho had exempted
itself from the Obama health care and if Idaho
could do the same for this. Chairman Smith said
if Idaho had the ability to withdraw, it already
would have. Ms. Martins thanks Commissioners and
Attorney Robinson for their time.
Chairman Smith said the only people who have
approached Commissioners about this are the
Martins and the same thing on the grizzly bear
in that someone from the public came in and told
Commissioners about it. These are discussions
that Commissioners need to have.
The meeting with the Martins and Clerk Poston
ended at 11:45 a.m.
Commissioners reviewed claims for payment. Fund
totals are as follows:
Current Expense $49,010.39
Road & Bridge 139,923.76
Airport 4,321.64
District Court 7,565.48
Justice Fund 74,134.97
911 Funds 592.98
Indigent & Charity 45,235.43
Parks and Recreation 4,079.77
Revaluation 989.07
Solid Waste 46,063.99
Tort 1,000.00
Veterans Memorial 228.91
Weeds 1,824.64
Restorium 40,093.07
Waterways 246.41
Grant, Airport 6,277.76
Grant, Boat Safety 54.80
Grant, Fire Mitigation 14,508.71
TOTAL $436,151.78
Citizens are invited to inspect detailed records
on file in the Courthouse (individual claims &
Commissioners’ allowance & warrant register
record 2011).
Commissioner Dinning moved to extend time to pay
year 2011 taxes for parcel MH01700000008TA until
April 9, 2012. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved to grant an extension
of time to pay year 2008 taxes for parcel
#RP60N01W244050A until June 1, 2012.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved to cancel year 2011
taxes totaling $8.68, fees totaling $131.48,
$1.40 in penalty and $10 in costs for a total of
$151.56 for parcel #MH61N01E31120BA due to
hardship. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved to grant an extension
of time to pay taxes for year 2011 for parcel
#MH62N03E22481AA until June 20, 2012.
Commissioner Kirby second. Motion passed
unanimously.
There being no further business, the meeting
recessed until tomorrow at 1:30 p.m.
***Tuesday, March 13, 2012, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Commissioners did not meet until the afternoon
session at 1:30 p.m.
Commissioner Kirby moved to authorize the
Chairman to sign the letter to the Forest
Service Supervisor requesting a 45 day extension
of time to comment on the Proposed Draft Forest
Management Plan. Commissioner Dinning second.
Motion passed unanimously.
2:00 p.m., Treasurer Jenny Fessler joined the
meeting.
Commissioners held a tax deed hearing for
delinquent 2008 taxes. Present were: Chairman
Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, Treasurer Jenny
Fessler, and Deputy Clerk Michelle Rohrwasser.
The hearing was recorded.
Commissioner Dinning said Treasurer Fessler has
presented a list dated March 13, 2012, of
properties to be tax deeded and these properties
have met the criteria to be tax deeded.
Commissioner Dinning moved to tax deed the
following properties: (1) RP62N02E117350A in the
name of Brad K. Andersen and Lori Andersen at
241 Reiters View Rd., Marion, KY 42064; (2)
RP62N03E273620A in the name of Donald E. Deluca
and Mary E. Deluca at P.O. Box 483, Nine Mile
Falls, WA 99026; (3) RP60N02W211790A in the name
of Coulter Francis at 1020 Kirkham Road, Cave
Junction, OR 97523; (4) RP60N02W211795A in the
name of Coulter Francis at 1020 Kirkham Road,
Cave Junction, OR 97523; (5) RP62N02E055570A in
the name of Michael R. McClaskey at P.O. Box
911, Bonners Ferry, ID 83805; (6)
RP001350000060A in the name of Charles R. Spence
and Corinne D. Spence at 2910 Cliff Drive,
Newport Beach, CA 92663; and (7) RP60N02W217660A
in the name of Jon A Williams and Rita F.
Williams at 1621 S. Tuxedo Avenue, Stockton, CA
95204-4948. Commissioner Kirby second. Motion
passed unanimously.
The tax deed hearing ended at 2:05 p.m.
Clerk Glenda Poston joined the meeting at 2:05
p.m.
Treasurer Fessler left the meeting at 2:10 p.m.
Clerk Poston and Commissioners briefly discussed
Secure Rural Schools funding.
Clerk Poston left the meeting.
Commissioners tended to administrative duties.
3:00 p.m., Commissioners participated in the
Idaho Association of Counties, District 1
Legislative conference call with Assessor Dave
Ryals, Treasurer Jenny Fessler, elected
officials from Benewah County, Bonner County,
Kootenai County, and Shoshone County, and Seth
Grigg with the Idaho Association of Counties.
Those present reviewed legislation contained in
the Idaho Association of Counties Legislative
Bulletin #7 dated March 9, 2012.
The call ended at 3:30 p.m.
3:30 p.m., There being no further business, the
meeting adjourned at 3:30 p.m.
/s/
RONALD
R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
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