Boundary county commission minutes |
| August 27, 2012 |
|
*** Boundary County Emergency Services Director Dave Kramer and Incident Commander Bob Graham joined the meeting. Mr. Gutshall said today is
the last day for seal coating. Road and Bridge
will begin sweeping the chips off Highland Flats
Road, Farm to Mr. Gutshall spoke of work to clear sediment from the boat launches and Chairman Smith questioned if the water is lower yet. Commissioner Dinning said it would be great if the docks could be cleared prior to Labor Day. Mr. Gutshall discussed
various matters and said the Boundary Area
Transportation Team (BATT) meeting is this week
and the discussion on the bypass will start at The problem with the
Cabinet Mountain Water Association waterline is
ongoing at the intersection of Mr. Gutshall spoke of
grading and ditching issues for Mr. Gutshall said the
preliminary engineering has been done to repair
the Lion’s Mr. Gutshall said he took a
look at the level of Commissioner Kirby spoke of a recent accident involving a hay truck pulling out of the Three Mile parking lot to head south on the highway and the driver of a vehicle heading north clipped the back end of the hay truck. Commissioner Kirby mentioned the issue of the speed limit being 60 miles per hour in that area. Mr. Gutshall left the meeting. Mr. Graham said there are big problems with the dikes and levees up north and they’re taking bigger hits since the water has been decreasing. Mr. Graham said some of the issues identified by the U.S. Army Corps of Engineer’s survey crew are that most of those areas have gotten worse since the water level has decreased. Mr. Graham said he spoke to the Corps and asked them to bring their survey crew back to prioritize which areas are worse, but he doesn’t think the County will get assistance since the river is below flood stage. Charlie Comer with the Corps will come over sometime this week to look at problems from the river, according to Mr. Graham. The farmers really want something done. Mr. Graham said local
officials had planned on meeting with new Bureau
of Homeland Security Colonel Brad Richy.
Chairman Smith said the only thing the County
needs help with is seepage because of the
rivers’ water level. Chairman Smith said he
doesn’t think any work done to the dikes would
have any affect on seepage. Mr. Graham said the
local farmers would like the County to make
another approach to lowering flood stage, but he
didn’t think it would work as the County may
have lost support from some people. Mr. Graham said the County needs to contact its congressional representatives as they have been in contact with Seattle Office Corps of Engineers about our County’s problems. If the County wants to get action going to show the community we’re making an effort to follow up on this year’s problems, then the congressional representatives need to know what the problems are. In addition, the County needs to make sure the Colonel knows we are taking these steps. The Colonel doesn’t have the authority or money to help with dikes unless the congressional delegates give him authority to do that. It was said the easements made after the late 1970’s are flow easements to compensate farmers for areas of agriculture between the river and the dikes. The easements need to be identified to see where they are and the County needs to know which areas accepted the money for these easements. Commissioner Dinning mentioned he thought there was only a specific period of time to get involved. Commissioner Dinning questioned if what Mr. Graham is suggesting is anything between the field toe of the dike and the river, the County would need to get reauthorization from Congressional delegates to allow the Corps to buy easements again. Mr. Graham said no, once it has been identified that problems had been created on the dike, the Corps will then have authority to repair the dike. Commissioner Dinning said the only person he knows of that could have issues is Bill Michalk. Commissioner Dinning said the Fodge property doesn’t have a dike nor does the Nims property.
Commissioner Dinning questioned if the County wants to have the Corps come in and if possible, have them buy new easements the full length. Mr. Graham said the only way that would help, if it’s even possible, is where there is significant farm land between the dike and river and there isn’t much of that. It was said if the County can get flowage easements the whole length of the river, then the issue could be addressed. Those present reviewed an aerial map of the dike issues. Mr. Graham said the County needs to find where flow easements exist and then have the Congressional delegates come to look over the problem areas to see if they have a chance of allowing the Corps of Engineers to work on other areas. Chairman Smith suggested sending a letter to congressional staff asking them to visit the County as well as sending a copy to the Colonel. Commissioner Dinning
suggested taking a look at the historic capacity
of the dam. Mr. Graham said he feels the levels
were underestimated. Mr. Graham explained the
water used at the dam for power. Authorization
for the dam is for power and flood control.
Water consisted of 48,000 feet being spilled and
25,000 feet goes through the generator. It was
said the maximum spill for sturgeon was 11,000
and Mr. Kramer said that can cause problems for
the fish. The water that is used to generate
power flows through the generators and down the Commissioner Dinning said he would find out when the congressional delegate representatives will be here. Mr. Graham said it wouldn’t hurt to also invite the Colonel. Mr. Kramer said the Bureau of Homeland Security Application for Assistance for the 2012 Emergency Management Performance Grant is in and needs to be signed by Chairman Smith. This grant is for a total of $13,095.71, according to Mr. Kramer. Commissioner Kirby moved to authorize the Chairman to sign the 2012 EMPG Grant Application for Assistance and any future related documents. Commissioner Dinning second. Motion passed unanimously. Mr. Kramer said Commissioners already signed the grant application for the Bureau of Homeland Security Pre-Disaster Mitigation Grant and he would like to start preparing a request for proposals to solicit contractors for the purpose of updating the plan. Commissioner Dinning questioned how to find out what funds are available for flowage easements. The meeting with Mr. Kramer and Mr. Graham ended. 10: Commissioners and Deputy Clerk Ryals discussed various indigent matters. 10: Commissioner Dinning moved to accept assignments to the Catastrophic Health Care Program as follows: 10.62% on indigent account #2012-8, 59.54% on indigent account #2012-15, 8.49% on indigent account #2010-42, and 43.76% on indigent account #2012-16. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to approve indigent application #2011-3 and indigent application #2012-28 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously. Deputy Clerk Ryals left the
meeting at Commissioner Kirby moved to approve the minutes of July 30 & 31, 2012, August 6 & 7, 2012, and August 13 & 14, 2012. Commissioner Dinning second. Motion passed unanimously. Commissioners tended to
administrative duties until the next appointment
scheduled at Mr. Johnson presented Commissioners with the Hospital’s annual audit. Through July 2012, the Hospital is barely in the black financially and has been able to keep current on accounts payable, but just barely, according to Mr. Johnson. Chairman Smith asked how many patients are in the extended care facility (ECF). Mr. Johnson said there are 26 people in the ECF, which has a capacity for 28. Mr. Johnson said the license capacity has been reduced as there is a penalty for a low occupancy rate and the facility has to be at least 28% occupied. Mr. Johnson said the Hospital has created more single bed rooms. Chairman Smith said even with the economy people still need facilities like the ECF. Mr. Johnson said there is still a need, but families have been taking care of their relatives at home. Mr. Johnson said a problem with home care programs can be “out of sight, out of mind” and he explained that personal care programs had a provider agreement in which the Department of Health and Welfare didn’t know where the elderly were located and no one wants them put at risk. Mr. Johnson said he is working with Kootenai Health to bring more specialists to this community to include a cardiologist; ear, nose and throat specialist; and a neurologist. Sandpoint Women’s Health comes up once per week as well, according to Mr. Johnson. Mr. Johnson said the Hospital is still working on Building C, which is the building behind the Hospital. Mr. Johnson mentioned the need is to look at what is behind the dirt that is banked up against the building because he’s worried there is just visqueen and it may be rotted. Commissioner Kirby said he spoke to Mr. Gutshall about it, but Mr. Gutshall said he wouldn’t be able to take a look at it for another three weeks. Commissioner Kirby said it has also been said the landfill has the right size of equipment needed to do the work. Mr. Johnson said Hospital Chief Operating Officer Jeffrey Perkins is the contact person for this work. Once the bushes are pulled out, Mr. Johnson said he can see what there is to work with. Mr. Johnson said there is a spot where all of the dirt can be placed. Commissioner Dinning suggested digging a small area with a shovel to see what condition the building is in. It was said the building should be wrapped with Tyvec. Mr. Johnson said Dr. Schneider is working out very well. The meeting with Mr.
Johnson and Mr. Koon ended at There being no further
business, the meeting recessed until tomorrow at
*** Chairman Smith discussed what condition recycled materials brought in have been in. Mr. Skeen said items don’t have to be run through the dishwasher and can be just rinsed out. Ms. Goggia said she noticed there weren’t any recycle receptacles at the fair. Commissioner Dinning asked Ms. Jensen to contact local farmers to find out crop damage information. Chairman Smith said he believes the County budgets have been completed. The budget hearing has been advertised in the newspaper so at this point the budget’s bottom line cannot be increased. There has been a 3% cost of living increase in the proposed budget, but the budget is not official. Chairman Smith said he had seen people at the Armory power washing their parking lot and then sealcoating it and he asked what was decided for the Courthouse parking lot. Mr. Gutshall and Commissioner Dinning both said that work has been put on hold for one year as the budget for Road and Bridge is tight. Mr. Gutshall said this project was approximately $5,000, which also included striping and other markings. Mr. Gutshall said Road and Bridge is working on a lot of projects in phases and doing the worst areas first. The elected
officials/department heads meeting ended at Commissioners tended to administrative duties. Chairman Smith brought those present up to speed on 911 capabilities in relation to providing information to BullBerry Incyte Dispatch Services. Chairman Smith said Commissioners had found out the information needed had already been provided to BullBerry by Mr. Falcon. This system will allow information from Mr. Falcon’s computer to be sent directly to the Sheriff’s Office so the information will be up to date. 10: Ms. Denton asked where the line would run into because there would be an issue if the line ran to her server. It was said there could be free flow of information coming into the Sheriff’s Office. A firewall for the Sheriff’s Office is needed and the system would have to meet State and all security guidelines, according to Mr. Wilson. To meet security guidelines only the firewall to the Sheriff’s Office is needed. Ms. Denton said if that is the case, running the line would be perfectly fine. Mr. Falcon said Ms. Denton could have live data layers on the mapping system so it wouldn’t have to be sent back and forth. Mr. Falcon said currently his information is being shared with the County so he doesn’t need a firewall. Mr. Goldsmith said there is $12,000 or so remaining in the fund, but any amount over $12,235 he would not be able to cover. The amount of the yearly maintenance fee is $3,600 and that is included. It was said $1,600 could also removed from the Global Area Network (GAN). Mr. Wilson said a firewall will cost $1,300, two fiber converters will cost $500 each and the cost of running fiber between the two buildings could cost $1,500 so he is estimating a total of $5,000 to $6,000. Mr. Wilson said he doesn’t know what the licensing costs would be for mapping. Commissioner Dinning asked if there are maintenance costs associated with this system and Mr. Falcon said maybe for the firewall. Mr. Wilson said he would be able to furnish a cost estimate tomorrow. Ms. Denton asked if the estimate could be sent on the GAN request. Mr. Goldsmith said he would cut a check and send it. Mr. Falcon asked about
getting a license to train on the software. The meeting with Mr.
Falcon, Mr. Goldsmith and Ms. Denton ended at Commissioners tended to administrative duties. Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously. Commissioner Dinning moved to deny on appeal indigent application #2012-22 as the appellant and applicant failed to appear. Commissioner Kirby second. Motion passed unanimously.
Commissioners
recessed for lunch at 1:30 p.m., County residents Ken Lustig and Elaine Duncan and Planning and Zoning Administrator Dan Studer joined the meeting to discuss matters relating to the Planning and Zoning application to rezone properties near the Moyie River. Mr. Lustig presented
Commissioners with the June 2012 public hearing
minutes from the rezone of lots near the Mr. Lustig said he has nothing against people splitting land and the suburban aspect of things and he purposely bought his property hoping the zoning would stay the way it was. Mr. Lustig said he is not trying to prevent other people from doing things with their land, but he wants to preserve his property. Mr. Lustig mentioned the
statement made in the minutes that leach fields
would be in a different zone, which would make
the permitting process difficult and he said
that is not true. Mr. Lustig said zoning has
nothing to do with septic issues and it is just
an environmental type of issue. Commissioner
Dinning said the comment made about leach fields
was made by Mr. Villelli. Mr. Lustig read from
this letter concerning rezoning parcels along
the Chairman Smith asked if the
notice requirements are the same for the It was said notice had not
been received and Commissioners’ decision was
based on some erroneous information. Mr. Lustig
mentioned the application to rezone west of the
Moyie from agriculture to suburban per the
Comprehensive Plan. The Planning and Zoning
Commission denied the application based on the
testimony he thought had to do with road access,
but Mr. Lustig mentioned
finding a right-of-way deed, instrument #15708,
and he mentioned the road is not a Forest
Service road. The land was deeded to the County
in year 1927 as a private road to where the Mr. Lustig said he had questions of concern. The document shows a 25 foot clearly substandard road that is required for local access roads and it hasn’t been maintained by the County for the last 20 years. Chairman Smith said the County doesn’t have 25 foot roads. It was said this road must have been adopted as a County road prior to the current road standards. Mr. Lustig said this road is a County road according to his friend who happens to be a lawyer. Chairman Smith said he is having a tough time with all of this being brought up. It was said Commissioners held a public hearing and voted on this, but don’t know if their vote would have been the same had this information come out. Mr. Lustig said he has personally invested approximately $4,000 in this strip of road as he had been the only person living there and his concern has always been to solve some of these access issues. When the County proposed the suburban zone for that area Mr. Lustig said he wondered who owned the road and who would maintain it if the area is zoned suburban, but no one answered. Mr. Lustig said another point of his is if the Comprehensive Plan requires a developer for land as a suburban zone requires upgrades to a road for fire protection, etc, so unless the County encroaches on his land, how will the County road expand from 25 feet to 60 feet. Mr. Lustig said if that happens then he is in violation of the law for setbacks for drain fields. Chairman Smith said there are other roads that do not fit the County’s standards. The only way the County can take over maintenance of a road is if it’s brought up to County standards. Chairman Smith said he has a tough time with this conversation because the Planning and Zoning Commission had unanimously recommended denial of this application because of information they received at their public hearing, which is information not received for the Commissioners’ public hearing. Mr. Lustig said he had his written items as questions and his thought was when Commissioners held their hearing he would bring up his questions. Chairman Smith said but Mr. Lustig didn’t have a chance to do that. Ms. Duncan spoke of Mr. Villelli’s road. Mr. Lustig said his feeling is that the County’s rezone is against the Ordinance and County Road Standards because if suburban zoning is allowed to happen on substandard roads even though they are existing, it doesn’t address safety. A 24 foot road can’t service this zone even though it already exists. Mr. Lustig said another question pertains to the inadequate nature of the road. Mr. Lustig said he doesn’t know who gave access there, who owns it or who maintains it. If the County doesn’t want to incur costs to parcels zoned suburban, should the zone be changed back to agriculture/forestry? Mr. Lustig said the cost to improve Earl Lane Road beyond the 25 foot section to 60 foot would involve imminent domain, land acquisitions, etc., and it’s all to serve at best 20 potential parcels with three landowners. Leaving the area zoned agriculture/forestry only requires existing maintenance of all weather roads. Mr. Lustig asked if the County would maintain the road. Chairman Smith said this is talking about some things that should’ve been talked about a long time ago. Commissioners were asked to review the facts and revert the zoning to agriculture/forestry and it would be best to do so promptly. Commissioner Dinning said this motion had not been finalized yet as the Ordinance for this rezone has not been adopted yet. Commissioners will make sure about the mailing and posting requirements. Ms. Duncan said she read that if any portion of the notification process is faulty then the matter can be tabled until such proper notification is given. Also information about notices sound as if public notice needs to be mailed and posted. Publication in the newspaper can be done in lieu of mailing, but there has to be postings. Commissioner Dinning said there is code that refers to the number of parcels affected as far as who is notified. Mr. Lustig said Planning and Zoning did provide notification, but he has no computer or newspaper at this home. Chairman Smith said he is not satisfied with what took place as he thinks there has been some wrong so he would like to hold the hearing again. Mr. Studer said he has to confirm as his understanding is the same, that he can only recall having information published in the newspaper and sign posting and mailings slipped through the cracks during the interim. Mr. Lustig said that issue aside were Commissioners aware they owned the access road because it would just be nice to know if the County is going to plow that road as the snow flies. Ms. Duncan said if this area is zoned suburban, it can increase the number of users on this road. Commissioner Dinning said Commissioners will check the process and take it from there. Mr. Lustig said for discussion, it was made clear by the lawyer he talked to, if the County owns the road there is a tort responsibility to maintain it. Commissioner Dinning said there may not be that responsibility. Mr. Lustig said he is nervous because if the County doesn’t legally have to maintain the road, how is maintenance provided. Chairman Smith said if the County doesn’t maintain the road, why don’t Commissioners abandon it. Commissioner Dinning explained how the County can abandon the road, but the access will still be there. Chairman Smith said Commissioners will check with the County attorney to see if the proper notification process was followed and also asked what the County’s obligation is for maintenance if the road is a County road. Mr. Lustig asked if Commissioners are told the road can be maintained as an all weather road, how will that affect subdivision densities. Chairman Smith said that is one of the questions Commissioners have. Commissioner Dinning said he knows there may be an issue with Road and Bridge maintaining this road as there is no place to turn the equipment around. The meeting with Mr. Lustig
and Ms. Duncan ended at There being no further
business, the meeting ended at /s/ RONALD R. SMITH, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy |