County commission minutes, September 10-11 |
| September 27, 2012 |
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*** Blue Sky Broadcasting Reporter Mike Brown was in attendance of the meetings throughout the morning. Art Morin and Cheryl Myers stopped by Commissioners’ Office to briefly discuss rental fees for Memorial Hall. Mr. Morin explained issues with the increase in the rental fee from $25 to $40. Each square dancer is charged $3 to participate and if they’re charged more to cover the cost of the rental fee, they won’t have people still willing to participate, according to Mr. Morin. Mr. Morin said the square dancers may have to find a place they can afford and he explained the fee charged to the dancers won’t cover the new rental fee with the number of participants they currently have. Mr. Morin said the dancers rent Memorial Hall approximately two days per week so eight or nine days per month. It was said the square dancer’s use of Memorial Hall is a steady rental. It was said the rental fee
had been $25 per day, it had increased to $35
and now the cost to rent Memorial Hall is $40,
but the dancers had received a grandfathered
clause. Chairman Smith said Commissioners will
schedule a discussion on this matter on Mr. Morin & Ms. Myers left
the meeting at Mr. Gutshall said the Federal Highways Administration has said because the Deep Creek Loop drainage issue is an emergency project, they don’t want to go to a certain extent for the repairs. The representatives at the Local Highway Technical Assistance Council (LHTAC) suggested the County might be lucky by mitigating the drain work on Deep Creek Loop through the Local Rural Highway Projects this year. Commissioner Kirby moved to adopt Resolution #2012-40. A resolution to increase the Road and Bridge budget due to receipt of unanticipated funds. Commissioner Dinning second. Motion passed unanimously. Resolution #2012-40 reads as follows:
RESOLUTION 2012-40
INCREASE ROAD & BRIDGE BUDGET DUE TO RECEIPT OF
UNANTICIPATED FUNDS
WHEREAS, the Board of County Commissioners,
County of Boundary, State of Idaho, did
establish an operating budget for the Road &
Bridge Fund for fiscal year 2011-2012, and
WHEREAS, $31,564.30 has been received
from the State of Idaho Transportation
Department as reimbursement for an emergency
relief project, described as STC-
WHEREAS, the Road & Bridge Fund for
fiscal year 2011-2012 is in need of this
additional revenue, and
WHEREAS, the addition of this revenue
does not affect the tax levy for
WHEREAS, it is appropriate to increase
the Boundary County Road & Bridge Fund Revenue
Account Number 02-00-391-018 and the Road &
Bridge Expense Account Number 02-00-484-00,
Professional Services, in the amount of
$31,564.30, and
NOW THEREFORE, upon motion duly made, seconded
and unanimously carried,
IT IS RESOLVED that the increase in the
Boundary County Road & Bridge Fund Revenue
Account Number 02-00-391-018 and the Road &
Bridge Expense Account Number 02-00-484-00,
Professional Services, in the amount of
$31,564.30 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.
DATED this 10th day of September, 2012
BOARD OF
s/________________________________
RONALD R. SMITH, Chairman
s/________________________________
DAN R. DINNING, Commissioner
s/________________________________
WALT KIRBY, Commissioner
ATTEST:
s/___________________________________________________
GLENDA POSTON, Clerk of the Board of
Recorded as instrument #255034
Mr. Gutshall said a large
crane from Mr. Gutshall said other than work on Deep Creek Bridge #4 his crew is working on District 5 Road to put down fabric, culverts and new drains. Mr. Gutshall said the portion of District 5 Road is from the old Hubbard house to the new one and he explained the work planned for this area. Mr. Gutshall said he’s
making ditch lining rock and he will do a lot of
ditch lining on the Paradise Valley Hill. Those present briefly mentioned proposed letters to comment on for Statewide Transportation Improvement Projects (STIP). The meeting with Mr.
Gutshall ended at Commissioner Dinning moved
to approve the alcoholic beverage catering
permit for the Treasurer Jenny Fessler
joined the meeting at Commissioner Dinning moved
to grant an extension of time to pay year 2008
taxes for parcel #RP60N01W244050A until
Clerk Glenda Poston joined the meeting. Commissioners and Treasurer Fessler discussed details of a possible tax extension and questioned if additional costs would be assessed for the tax deed process in addition to the tax amount owed. If a motion to grant an extension is made, the Treasurer can stop the tax deed process and not add tax deed related fees to this parcel, but if the taxes are not paid by the date approved by Commissioners, the Treasurer will set another tax deed hearing for this property. Deputy Clerk Nancy Ryals
joined the meeting at Commissioner Dinning moved
to grant an extension of time to pay year 2009
taxes for parcel #RP61N02E043910A until
Commissioner Dinning moved
to set the tax deed hearing for 2009 taxes for Treasurer Fessler left the
meeting at Commissioner Dinning moved to write off $1,696 for indigent account #2012-7 as the applicant qualified for Idaho Medicaid. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to deny on appeal indigent application #2012-13 and to deny application #2012-29 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously. 10: Commissioners tended to administrative duties. Clerk Poston left the
meeting at Commissioners reviewed claims for payment. Fund totals are as follows: Current Expense $25,411.99 Road & Bridge 129,147.39 Airport 4,535.04 District Court 9,083.94 Justice Fund 31,157.62 911 Funds 1,823.09 Hospital, Operation 46,805.11 Indigent & Charity 18,558.05 Junior College Tuition 40,301.50 Parks and Recreation 9,406.08 Animal Damage Control 5,000.00 Revaluation 2,976.16 Solid Waste 7,569.03 Tort 1,975.39 Veterans Memorial 64.02 Weeds 15,861.06 Restorium 3,458.47 Waterways 130.53 Juvenile Probation, Lottery 1,966.00 Restorium Grant 15,186.85 Hospital Supplemental Levy 2,496.32 Grant, Fire Mitigation 63,946.96
TOTAL
$436,860.60 Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2012). 10:30 a.m., County resident Ken Lustig stopped by Commissioners’ Office to ask questions of the upcoming public hearing on Planning and Zoning Application #12-006 to rezone multiple properties along the Moyie River and of road maintenance issues. Commissioners briefly explained the purpose and process of the public hearing. There being no further
business, the meeting recessed until tomorrow at
*** 9:00 a.m., Boundary County Emergency Services Director Dave Kramer, Incident Commander Bob Graham, and Clerk Glenda Poston joined the meeting to discuss going out for proposals for someone to draft the updated All Hazard Mitigation Plan for the County. Mr. Kramer said there are
two possible options to obtain a qualified
person to rewrite a new plan. One option is
seeking requests for proposals, but another
option is the independent contractor agreement
that has been sent to him by Rick Fawcett with
Whisper Mountain Professional Services. Mr.
Kramer informed Commissioners that 9: Mr. Kramer informed
Attorney Robinson about a grant award of over
approximately $60,000 to update the All Hazard
Mitigation Plan and Mr. Kramer explained the two
options for selecting someone to draft the
update. The County’s match portion is in-kind
and County resident Bob Olson
joined the meeting at Attorney Robinson said there is no construction, fixed goods, etc., and if the project is kept under $50,000, the County can follow the informal bidding process as opposed to the formal bidding. Commissioner Dinning asked if in-kind counts toward the total cost. After more discussion of
the type of work involved in updating the plan,
Attorney Robinson said the County would be okay
in going with the option to enter into an
independent contractor agreement with The call with Attorney Robinson ended. Mr. Kramer said former Planning and Zoning Administrator Mike Weland had been the County’s Public Information Officer (PIO) for emergencies when he worked for the County, but he is not sure of Mr. Weland’s availability. Mr. Kramer said David Sims is willing to fill this position once he has the training and Dean Satchwell is willing to provide training. Commissioner Dinning said he would like to look at the structure of having one of those people mentioned, but also have Mr. Graham and Mr. Kramer involved. Mr. Graham said if this works out right, use of a PIO would be in the event of an emergency and the person in this position operates under the incident commander and only offers the information he has been given. Mr. Graham said this PIO may not be the person to meet with the media necessarily; it just depends on the situation. Those present discussed having multiple people fill this position and a specific person could be chosen when an incident occurs. Commissioners mentioned they would feel comfortable with Mr. Kramer appointing the people to fill this position. Commissioner Dinning moved to authorize Boundary County Emergency Services to appoint the County’s Public Information Officers. Commissioner Kirby second. Motion passed unanimously. Chairman Smith said
Commissioners and Mr. Graham had talked about
writing a letter to the Idaho Congressional
Delegation inviting them to take a tour on the Chairman Smith said there had been talk about having this visit the same time as an upcoming Kootenai Valley Resource Initiative (KVRI) meeting. Mr. Graham questioned the length of time it would take to boat up and down the river and whether it would be better to take the boat upriver to see the dikes and travel back by car in order to view the various districts and fields. Mr. Olson asked when this visit might happen and Mr. Graham said he had hoped it was this month, but the letters have not gone out yet. Mr. Olson said if this tour happens in October, the land will be tilled up so not much damage would be seen, although damage could be seen in the DVD he made. Attorney Phil Robinson contacted Commissioners via telephone in order to provide them with information pertaining to what’s allowed for procuring someone to draft the County’s All Hazard Mitigation Plan. Attorney Robinson said under Idaho Code #67-2803, Subsection 4, states the procurement of personal or professional services to be performed by an independent contractor is exempt from bidding laws so Commissioners can choose. The call with Attorney
Robinson ended at Mr. Kramer said he would contact Mr. Fawcett about changes to make in the contract. Those present resumed the
discussion on touring the Commissioner Dinning said the use of the congressional representative’s time would be to show them the length and bad areas of the dike and he referred to the north end of Ball Creek. Mr. Graham said there are bad areas from Deep Creek all the way up. Those present discussed areas to visit. Mr. Graham said the purpose is to recognize the issues with having high water levels and to put pressure on the U.S. Army Corps of Engineers because the Corps won’t provide help if it’s not approved by Congress. Mr. Olson asked Commissioners if sturgeon testing is done and Commissioner Dinning said he thinks this was the last year of testing. Commissioner Dinning asked if a study of sedimentation of the lake was done, and he said the estimations of the capacity of that lake may be way off since the study hasn’t been done since the 1970’s. Commissioner Dinning said if you look at the sediment issue at Deep Creek every year, think of how much that happens in the lake. It was said there’s a difference of 50 feet that was not drawn down this year as was done last year. The meeting with Mr.
Kramer, Mr. Graham, and Mr. Olson ended at Clerk Glenda Poston remained in the meeting. Commissioner Dinning moved
to amend the agenda for today at Commissioner Dinning moved to nominate Kootenai County Commissioner Dan Green for the Idaho Capital Crimes Defense Fund, Board of Directors position for District 1. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved to nominate Latah County Commissioner Dave McGraw for the Idaho Capital Crimes Defense Fund, Board of Directors At-Large position. Commissioner Kirby second. Motion passed unanimously. Commissioner Dinning moved
to amend the agenda for this morning at Commissioner Dinning moved to sign the Computer Arts, Inc. Contract Addendums for fiscal year 2012-2013. Commissioner Kirby second. Motion passed unanimously. Commissioners informed Attorney Robinson that the Chairman of the County’s Snowmobile Advisory Board, Jeff Urbaniak, is having trouble finding someone with a public works license who will repair the snowmobile warming shelter and restroom after it sustained damage in a recent wind storm. Mr. Urbaniak has approached people about the job, but there have been no responses from people who carry a public works license other than Bonners Ferry Builders, who didn’t express interest in taking the job. Chairman Smith read aloud to Attorney Robinson an exemption as listed in the Idaho Code and Administrative Rule for Public Works Contractor Licensing Brochure. Attorney Robinson said the County still needs to solicit request for proposals from at least three people and if there are no responses from someone with a public works license, Commissioners can proceed by turning the job into a County project. The requests for proposals can be semi- informal and needs to allow for three or four business days to respond. Specifications need to be in writing or by phone, but someone needs to keep track of the responses. Attorney Robinson said the requests for proposals do not have to be published in the newspaper. Attorney Robinson reiterated if the County doesn’t receive responses from builders having a public work license, the County can be exempt from this requirement, treat the project as its own and enter into a contract with the builder. 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 Dinning second.
Commissioners voted as follows: Chairman Smith
“yes”, Commissioner Dinning “yes”, and
Commissioner Kirby “yes”. Motion passed
unanimously. Solid Waste Superintendent Claine Skeen and Idaho Department of Transportation Foreman (ITD) George Shutes joined the meeting to discuss the proposed monitored dumpster site in Moyie Springs. Chairman Smith informed Mr.
Shutes and Mr. Skeen that Attorney Robinson was
present for this meeting via telephone. Mr.
Skeen mentioned looking for a one to one and one
half acre piece of land for a monitored site in
Moyie Springs across from the bridge. The
property in question has been reclaimed since it
had been an old gravel pit. The thought was to
lease this property from the State of Mr. Skeen said the possibility of a land swap has also been discussed. Mr. Shutes said if a land swap could be done for the ground, it would be done for fair market value like a gravel pit. Mr. Shutes said if Commissioners were interested in purchasing a portion of that site, ITD determined that fair market value would be $4,100 per acre. Mr. Shutes said ITD would have to find out if surrounding neighbors are also interested in the property and if not, the County could purchase it. If neighbors are interested, the sale of the property would have to go to bid. Chairman Smith explained the County cannot pay more than fair market value. Attorney Robinson mentioned ITD having rules about exchanges with other governmental entities. Mr. Shutes mentioned changes that ITD has made in relation to that and he was told ITD is not able to trade land any longer. Chairman Smith asked why
the preference of a land sale rather than the
lease option since the other sites in Copeland
and Mr. Shutes said the State has used the land and isn’t doing anything with it so it’s basically getting rid of the property. Mr. Shutes said the neighbor to the southeast most likely doesn’t want to buy this land, but he thinks she is offering her property for sale and in that case, this situation could possibly become a bidding war. Commissioner Dinning said he would talk to Damon Allen, District Engineer with ITD to understand their process. The meeting with Mr. Skeen
and Mr. Shutes ended at Commissioner Dinning moved
to reconvene in 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: Clerk Poston and Mr. Parker left the meeting. 11:10 a.m., Idaho Department of Juvenile Corrections District 1 Liaison Jim Crowley, Boundary County Juvenile Probation Officer Jessica Nordheim and Idaho Department of Juvenile Corrections District Liaison Supervisor Jason Stone joined the meeting to update Commissioners on the approximate State funding distributed through the first quarter for State fiscal year 2013. Mr. Crowley introduced Mr.
Stone to Commissioners as his new supervisor and
he handed Commissioners a District 1 Demographic
and Fiscal fact sheet. Mr. Crowley discussed the
Rule 19 Pre-Commitment screenings and he
explained that of the two Commissioner Dinning said he sees that some counties have no pre-screening, but did have commits. Mr. Stone explained that the commitments can fall outside of the quarter in which the pre-screening took place and that is why there’s a difference. Mr. Crowley informed Commissioners that substance abuse and mental health diagnoses are both high and the statistics for adjudicated sex offenders is slightly lower. Mr. Crowley said the State
funding distributed through Quarter 1 for fiscal
year 2013 shows that Commissioner Dinning asked
why there is a cost difference per individual
for substance abuse. It was said those dollars
cover assessments to see what service a person
qualified for as each person may need a
different level of care. Ms. Nordheim said Mr. Crowley said a memorandum of understanding (MOU) is sent to the counties every three years to review and sign for mental health and counties should receive the new MOU soon. Commissioners discussed the video conferencing equipment, and Chairman Smith said the system is up and running. The meeting with Ms.
Nordheim, Mr. Stone and Mr. Crowley ended at There being no further
business, the meeting adjourned at /s/ RONALD R. SMITH, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy |