County commission minutes

County commission minutes, May 27-28

June 12, 2013

***Monday, May 27, 2013, Commissioners did not meet in regular session due to the Memorial Day Holiday.

***Tuesday, May 28, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

Clerk Glenda Poston joined the meeting.

9:00 a.m., Clerk Poston presented Commissioners with the election book of votes cast for the 2013 School Board Trustees election held on May 21, 2013 for Zone 1 and Zone 5. Clerk Poston said there were 110 votes cast for Zone 1 and 240 votes cast for Zone 5.

Commissioner Pinkerton moved as Commissioners of the County of Boundary, State of Idaho, do hereby state that the attached is a true and complete abstract of all votes cast within this county at the School Board Trustees Election held May 21, 2013, as shown by the records now on file in the County Clerk’s Office. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to amend the agenda for this afternoon at 2:30 p.m., to include the discussion of the Joint Powers Agreement for the Region 1 Juvenile Detention Center as it is time sensitive. Commissioner Kirby second. Motion passed unanimously.

Road and Bridge Department Superintendent Jeff Gutshall joined the meeting for the semi formal bid opening for calcium chloride dust abatement chemicals and to discuss cost share on dust abatement.

Mr. Gutshall spoke to Commissioners about closing Idaho Transportation Department (ITD) federal aid projects. Mr. Gutshall said he’s typically gotten an accounting on ITD projects and the status of those projects. The county makes a deposit towards a project when a State/Local Agreement is signed and ITD holds on to these funds for a long time. Mr. Gutshall said he had once written a letter to Damon Allen at ITD who said ITD was getting information together to close out projects and he is now starting to get closeouts. Mr. Gutshall said first was a dust abatement project in which $1,000 was received by the county months ago. Mr. Gutshall said he has received notice that over $11,000 was due back to the county for the first phase of the Deep Creek Paving project. Mr. Gutshall said this is just an example that you don’t know what ITD is doing as he had researched the accounting and thought only approximately 1,600 was due back.

Mr. Gutshall said in checking on asphalt prices he thinks he can afford to go out in the semi-formal bidding range for four-tenths of a mile on Moon Shadow so it gets two inches of paving. Mr. Gutshall said Road and Bridge crew has been working on Rock Creek.

Mr. Gutshall said he spoke to Mr. Zwinger about Brown Creek Road where chip seal failed.

Commissioners and Mr. Gutshall discussed cost share for dust abatement.

9:18 a.m., Commissioners held a semi formal bid opening for calcium chloride dust materials. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Clerk Glenda Poston, and Road and Bridge Superintendent Jeff Gutshall. The meeting was recorded. Mr. Gutshall said this was a semi-formal bidding process. Mr. Gutshall said he sent invitation to bid information via emails to five distributors and requested receipts. The information was out for a total of one and one-half weeks.

One sealed proposal was received from Oxford Inc. along with a copy of Oxford Inc.’s public works license, certificate of liability insurance and certificate of workers compensation insurance, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions. Mr. Gutshall said a bid bond was not required.

Oxford Inc.’s bid was for 120 tons of CaCl mini-pellets (94%) at $420 per ton. The total amount bid is $50,400. Mr. Gutshall said 120 tons is the maximum usage so all tonnage does not have to be used. Mr. Gutshall said he budgeted less, but he is expecting unanticipated revenue. Mr. Gutshall recommended the acceptance of Oxford Inc.’s bid.

Commissioner Kirby moved to accept the quote of $50,400 from Oxford Inc. for dust palliative materials for the Road and Bridge Department and to sign the Independent Contractor Agreement with Oxford Inc. Commissioner Pinkerton second. Motion passed unanimously.

The meeting with Mr. Gutshall ended at 9:20 a.m.

Commissioners tended to administrative duties.

9:30 a.m., Commissioners held a public hearing on Planning and Zoning Application #13-032. An application requested by Joyce Burr for a short plat subdivision. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Dan Studer, Clerk Glenda Poston, Applicant Joyce Burr, and John Marquette with JRS Surveyors. The hearing was recorded.

Chairman Dinning briefly reviewed the hearing procedures. No member cited a conflict of interest. The application is for a primitive short plat subdivision in the Ruby Creek area. It was said this change is considered a lot line adjustment or short plat.

Chairman Dinning called for the applicant to give an opening statement. Ms. Burr said she is planning to live on the top half of her property and would like to sell the bottom half. Ms. Burr said she already has a buyer.

Mr. Marquette said Ms. Burr came to JRS Surveyors to have the survey done and he provided the necessary materials to do this. Ms. Burr does have access routes and rights to both of the parcels created. Commissioners reviewed maps of what is proposed.

Mr. Studer provided a staff report. Mr. Studer said in addition to a regular staff report he would like to mention the 19.9 acre parcel would be divided into two, and he would like to bring to Commissioners’ attention the notes on the easements Mr. Marquette is talking about. There are no irregularities to bring forward and all provisions have been made as far as Ordinance and Comprehensive Plan.

Mr. Marquette said he does show the existing Ruby Creek Road running through the southern portion of the southern lot. Mr. Marquette said he had originally drawn the map to create a 60 foot wide easement for utilities, etc., but had done that prior to talking to Mr. Burr about it, and she would like to bring that easement footage down to 40 feet. In that case the easement would be slightly different than what is shown on the map. Chairman Dinning asked if easements for primitive subdivisions are 40 or 60 feet. Mr. Studer said the minimum number of feet Road and Bridge Superintendent Jeff Gutshall recommended was the 40 feet. Chairman Dinning mentioned the easement being from the property back to east of the county road, but Mr. Marquette said there is no specified easement.

Mr. Burr said electricity and telephone services are already provided to the property. No one was present to speak in favor, uncommitted or against the proposal and Commissioners closed the hearing to further public testimony. Commissioners discussed the proposal.

Chairman Dinning said this request does meet the Ordinance requirements including reducing the easement to 40 feet. Mr. Studer agreed. Commissioners had no questions.

Commissioner Kirby moved to approve Planning and Zoning Application #13-032 for a short plat subdivision requested by Joyce Burr with an amended road width to be 40 feet, which is 20 feet on each side of the line. Commissioner Pinkerton second. Motion passed unanimously.

The public hearing for Planning and Zoning Application #13-032 ended at 9:40 a.m.

10:00 a.m., Commissioners were unable to open the continuation of a public hearing to consider Planning and Zoning Application #13-019, a request for a mud bog/rock crawl by DelRay Romero as the Extension Office was still occupied for court purposes. The public hearing was postponed until 10:40 p.m.

Commissioners tended to administrative duties.

10:40 p.m., Commissioners reopened the public hearing to consider Planning and Zoning Application #13-019. This is an application for a mud bog/rock crawl requested by DelRay Romero. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Dan Studer, Erma Peterson, Curtis Gunnells, Cynthia Dalrymple, Kenneth Baker with Boundary Volunteer Ambulance, Tony Rohrwasser with South Boundary Fire District, Diane Sand, Oma Sanders, Jeff Gutshall, Linda Rigney, Don Rigney, Jacqueline Gale, Mark McFaddan, Robert Sanders, Applicant DelRay Romero, Jeff Lewis, Leon Marcy, James Wilger, Laura Roady with the Bonners Ferry Herald, Cheri Romero, DelMar Romero, Teri Wallace, Robert Thompson, and Mary Gutshall. The proceedings were recorded. No member cited a conflict of interest.

Chairman Dinning said what is left of this public hearing process is the discussion amongst Commissioners. Chairman Dinning said he has listened to the recording of the prior public hearing on May 21st, and he has also reviewed all comments. Commissioners can deny the application, approve it or approve the application with conditions.

Chairman Dinning said he has heard a lot of the concerns as well as compliments to the applicant and he addressed various concerns. During the first public hearing there had been many references to other agencies such as the Department of Environmental Quality, Department of Water Resources, etc. The permits from those various agencies can be obtained prior to the proposed event, according to Chairman Dinning. The issue of dust abatement can be mitigated by having the applicant pay for the treatment, cleaning up the surrounding area can be required of the applicant, the snowmobile park can be closed by the county, and if approved, the applicant would need to provide adequate restrooms.

Chairman Dinning said prior contracts with Boundary Volunteer Ambulance for similar events have been a financial burden to them in the past. Commissioners can always look at adjusting the hours of operation, matters pertaining to alcohol and require a proof of liability insurance. The distance of wetlands from the site is something that can be addressed through the Department of Environmental Quality.

Chairman Dinning said other things that come to mind are the additional burden to the county budget and local hospital due potential issues with those without insurance. Chairman Dinning said those are a few issues that came to mind.

Commissioner Pinkerton said his primary concern is how this event will affect surrounding neighbors pro or con. Commissioner Pinkerton said he has thought of the rights for a residents’ solitude and there are some things that he’s struggling with. Commissioner Pinkerton said there was a lot of he said/she said and he will not consider people speaking on someone else’s behalf. In looking to the county’s Ordinance this event is doable, according to Commissioner Pinkerton. Mr. Romero’s application is well thought out, but of course there are always things that may get left out.

Commissioner Kirby said we should compliment Mr. Romero for putting the proposal together because virtually everything was addressed. Commissioner Kirby said in his rethinking he knows personally what it is like to have this kind of operation in his neighborhood as he had one basically just outside his backyard. Commissioner Kirby provided his personal experience of having the mud bog event near his house prior to the event relocating to its current location in Moyie Springs. Commissioner Kirby said each year the noise got louder and the event got bigger so Mr. Behrman moved the event to a better location. Commissioner Kirby said he just can’t support Mr. Romero’s application in good conscience and as good as Mr. Romero’s application is, the chosen location is not the right place.

Chairman Dinning said Section 8 of the Boundary County Planning and Zoning Ordinance contains the considerations for special event permits. Commissioners reviewed considerations 8.11.1 through 8.11.8., and provided their responses to those considerations. Commissioners discussed the section for nuisances and taking any measures to mitigate adverse impacts. Commissioner Pinkerton said he doesn’t know if this event would get to the level of nuisance, but it has the potential of rising to that level and that gets him thinking of other things such as the county’s snowmobile park. Commissioner Pinkerton said the snowmobile park shouldn’t be closed because somebody has something going on and he also doesn’t want to cut people off from accessing forest land. Commissioner Pinkerton said he also thinks of the impacts to the neighbors. Dust abatement could be controlled with proceeds from the event. There will clearly be a lot of noise and the tranquility will not be there for the residents who want it.

Commissioner Kirby said there shouldn’t be pressure on Road and Bridge, and that he also agrees that the snowmobile park shouldn’t be closed. Commissioner Kirby questioned how one would stop people from partying in the snowmobile park. The Sheriff’s Office doesn’t have the manpower for this, according to Commissioner Kirby. Chairman Dinning referred to public nuisances and mentioned that one man’s nuisance is not another’s, and that there would be affects to surrounding property owners. Commissioner Pinkerton said people will not encroach onto other land. Chairman Dinning said he cannot figure out a way to mitigate the nuisance. Commissioner Kirby mentioned that even the store owner who sold beer to the people attending the mud bog in Moyie Springs wasn’t happy about the mud bog.

Chairman Dinning said Commissioners are at the point of making a decision.

Commissioner Kirby moved to deny Planning and Zoning Application #13-019, but the motion died for lack of a second. Commissioner Pinkerton said he would like to approve the application, but with additional mitigation conditions. Commissioners mentioned nuisance in relation to noise and hours of operation and said he thinks the hours of 9:00 a.m. to 9:00 p.m. are excessive for some in the area. 9:00 in the morning is okay, but Commissioner Pinkerton said he would like people to have the tranquility so ending the event at 3:00 p.m. is better. There will be noise and traffic, but shortening the duration will limit that. Commissioner Pinkerton said holding the mud bog to a Saturday and Sunday is more than efficient so he would like to eliminate Friday. The dates would be August 10 and 11, 2013. Chairman Dinning referenced mufflers and said he didn’t know if Idaho Code would allow restrictions. Commissioner Pinkerton said mufflers should be imposed.

Chairman Dinning said other concerns expressed were about alcohol. No alcohol will be consumed or allowed at the event. Commissioners do not enforce another agency’s requirements such as the Department of Environmental Quality or Department of Water Resources, but the county does have the ability to require any of those necessary permits to include Panhandle Health District. Commissioners listed various agencies that might require a permit such as the U.S. Army Corps of Engineers, Environmental Protection Agency, Department of Water Resources, and Panhandle Health District.

Commissioner Pinkerton said the applicant will need to provide a proof of liability insurance in the amount of $1,000.000. Chairman Dinning said if the event is more successful than anticipated, the number of individuals should be limited. The application said there is room for approximately 2,000 vehicles. Commissioner Pinkerton said there will be vehicles participating in the mud bog and those who are just onlookers. The number of vehicles should be reduced to half and parking on the county road or shoulders will not be permitted.

Commissioner Pinkerton moved to approve Planning and Zoning Application #13-019 for a mud bog/rock crawl requested by Applicant DelRay Romero with the following conditions: hours of operation will be from 9:00 a.m. to 3:00 p.m.; the event will take place on only Saturday and Sunday; all vehicles participating in the mud bog shall have mufflers, alcoholic beverages will not be sold or allowed at the event; the applicant will need to obtain necessary permits prior to the event to include Panhandle Health District, Idaho Department of Water Resources and the Department of Environmental Quality; proof of liability insurance in the amount of $1,000.000 shall be provided by the applicant; the number of vehicles allowed is 1,000; and no parking is allowed on county roads or shoulders. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “nay”. Motion passed.

The public hearing for Planning and Zoning Application #13-019 for DelRay Romero ended at 11:20 p.m.

Planning and Zoning Administrator Dan Studer met briefly with Commissioners to update them on a matter involving combining property belonging to Jerry Mortensen. Mr. Studer said he was fine with the results as that is what was agreed to and it meets his intentions of a previous discussion.

Mr. Studer left the meeting.

Commissioners tended to administrative duties.

Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby and Deputy Clerk Michelle Rohrwasser.

Clerk Glenda Poston joined the meeting.

Chief Deputy Treasurer Sue Larson and property owner Joseph Duginske joined the meeting.

Chief Deputy Treasurer Larson informed Commissioners the Treasurer’s Office has spent another approximately $250 after May 20th, which is associated with starting the tax deed process. The amount Mr. Duginske owes for year 2009 taxes and after his $600 payment his amount owed is approximately $2,600, which includes the new fees, late fees and interest. A portion of the total bill is $901.77 for Cabinet Mountains Water District’s fee for the year 2009. The amount of $630 is county interest. Mr. Duginske proposed being allowed to have until the end of June to raise approximately $620 for his year 2009 taxes. Mr. Duginske informed Commissioners that he is participating in a vocational training program and has also signed up for social security benefits. Starting August income will start coming in, according to Mr. Duginske. Chairman Dinning questioned if the tax deed process can be cancelled if the county starts to tax deed and Mr. Duginske comes up with the funds to satisfy year 2009. Chief Deputy Treasurer Larson said Mr. Duginske will have to pay the $2,600 or whatever amount Commissioners say he needs to pay. Mr. Duginske said he could pay $618 in June 2013. Chief Deputy Treasurer Larson said included will be the cost of the legal publication for the tax deed.

Commissioner Kirby said he wants to make clear that this doesn’t clear the matter up, it just puts it off. Commissioner Pinkerton said he doesn’t see how Mr. Duginske can get out of this and get his head above water. Commissioner Pinkerton said he doesn’t see how Mr. Duginske can catch up and that Commissioners are just delaying the process. Chairman Dinning said after year 2009 Mr. Duginske will have to hustle to work on year 2010’s taxes. Commissioner Kirby asked how much the tax amount is each year and Chief Deputy Treasurer Larson said year 2010 taxes are $2,927. Commissioner Kirby said after 2009 taxes are paid Mr. Duginske is looking at having to pay another $3,000. To bring Mr. Duginske current to year 2012 he would have to pay $8,056.30. Mr. Duginske said he has also not received the property exemption benefits. Commissioner Kirby suggested Commissioners let the process of tax deeding Mr. Duginske’s property run its course and see if Mr. Duginske can pay $618 by the end of June. Commissioner Dinning said amount to pay is whatever was agreed to plus the fees.

The meeting with Chief Deputy Treasurer Larson and Mr. Duginske ended at 1:45 p.m.

Planning and Zoning Administrator Dan Studer joined the meeting at 1:45 p.m.

Chairman Dinning said Mr. Studer is a part-time employee and he will be taking vacation from June 6th through July 5th. Chairman Dinning said the Planning and Zoning Administrator position is a part-time salaried position and he doesn’t want any misunderstandings such as if Mr. Studer will be paid during this time off. Chairman Dinning and Mr. Studer said for clarification that this vacation had been planned two years prior to Mr. Studer starting employment at the county. Mr. Studer said his understanding at time of employment was the position was covered and the public was satisfied. Mr. Studer said he has trained Planning and Zoning Commission members John Moss and John Cranor on his job duties and has made them familiar with the software. Mr. Studer said he planned on personally compensating Mr. Cranor and Mr. Moss for their time. Chairman Dinning said this is appointing Mr. Moss and Mr. Cranor as volunteers as was done with Planning and Zoning Commission member Matt Cossalman and Mr. Studer himself the year before. Commissioner Pinkerton said Mr. Moss and Mr. Cranor are volunteers and Commissioners can’t obligate Mr. Studer to compensate them.

Clerk Poston said Mr. Studer is not a full time employee and she mentioned prorating one day off per month, which is eight hours. Those present discussed honoring paying the monthly salary for consistency and ease. To establish the process Commissioners will adopt a resolution for volunteer Planning and Zoning Administrators. Commissioners said Mr. Moss and Mr. Cranor will need to understand when they’re acting under the capacity of Administrator they can’t participate on the Planning and Zoning Commission.

Clerk Poston said to clarify this is for this particular month and if this should happen when Mr. Studer is gone, the matter would have to be addressed again at that time.

Commissioner Pinkerton said he wasn’t a Commissioner when Mr. Studer became the Planning and Zoning Administrator, but it sounds like Mr. Studer’s planned vacation was a condition of his employment so that can’t be taken away at this point.

Commissioner Pinkerton moved to adopt Resolution 2013-25. A resolution of the Board of County Commissioners of Boundary County, Idaho; appointing assistant Planning and Zoning Administrators; providing for volunteer status; providing for reimbursement of costs; providing for insurance coverage status; and providing for the effective date of this resolution. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-25 reads as follows:
RESOLUTION NO. 2013-25
BOUNDARY COUNTY, IDAHO

TITLE: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF BOUNDARY COUNTY, IDAHO;
APPOINTING ASSISTANT PLANNING AND ZONING ADMINISTRATORS; PROVIDING FOR VOLUNTEER STATUS; PROVIDING FOR REIMBURSEMENT OF COSTS; PROVIDING FOR INSURANCE COVERAGE STATUS; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION

WHEREAS: Boundary County, Idaho, a political subdivision of the State of Idaho, is governed by the Board of County Commissioners; and,

WHEREAS: The Board, in compliance with Title 67 of Idaho Code, and the specific provisions of the Local Land Use Planning Act (LLUPA) has appointed a Planning and Zoning Commission and has appointed a Planning and Zoning Administrator to provide compliance with State Code and with the provisions of the County Ordinances and Resolutions concerning land use issues; and,

WHEREAS: The Planning and Zoning Administrator will be out of the office from June 5, 2013 through July 5, 2013; and,

WHEREAS: John Moss and John Cranor, Board Members of the Planning and Zoning Commission, are intimately aware of the provisions of the Ordinances and Resolutions, and the procedures and processes, concerning land use issues in Boundary County; and,

WHEREAS: John Moss and John Cranor have volunteered to perform the routine and ongoing duties and functions required of the Planning and Zoning Administrator and to provide for an orderly, prompt, and efficient processing of applications, requests, inquiries, and other pending matters for that office.

NOW, THEREORE, BE IT RESOLVED THAT: The Board of County Commissioners of Boundary County, Idaho, do hereby appoint John Moss and John Cranor as Assistant Planning and Zoning Administrators for Boundary County, Idaho. This appointment shall be indefinite and continuing in its duration.

BE IT FURTHER RESOLVED THAT: The Assistant Planning and Zoning Administrators are and shall be deemed volunteers, and not employees of Boundary County. They shall not be paid a salary or other income, but shall be reimbursed for any and all costs and expense incurred.

BE IT FURTHER RESOLVED THAT: The Assistant Planning and Zoning Administrators shall have all the authority and powers of the Planning and Zoning Administrator conferred or provided in any Ordinance and/or Resolution of Boundary County concerning land use planning issues and the operation and administration of that office.

BE IT FURTHER RESOLVED THAT: The Assistant Planning and Zoning Administrators shall be provided errors, omissions, and negligence insurance to the extent provided to persons in such office or capacity by ICRMP, the insurance carrier for Boundary County, and shall be further provided defense, coverage, and indemnification by Boundary County for any claim, loss, demand, or legal action commenced against either of them arising from the performance of these duties

BE IT FURTHER RESOLVED THAT: This Resolution shall be in full force and effect upon its adoption by the Board of County Commissioners of Boundary County, Idaho, in a regular meeting of the Board, and upon the execution and attestation of the same.

ADOPTED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO on the 28th day of May, 2013.

s/__________________________________
Dan R. Dinning, Chairman
s/__________________________________
LeAlan L. Pinkerton, Commissioner
s/__________________________________
Walt Kirby, Commissioner
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
Recorded as instrument #257560

Chairman Dinning explained that Resolution 2013-25 is only good in Mr. Studer’s absence.

Mr. Studer left the meeting at 1:55 p.m.
Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Department of Parks and Recreation Request for Reimbursement/Close-out Report for the Deep Creek Restroom and picnic table project, Grant #WW12-1-11-1. Commissioner Kirby second. Motion passed unanimously.

2:00 p.m., Sheriff’s Office Administrative Deputy Crystal Denton joined the meeting to present Commissioners with Enhanced 911 Grant Documents for signature.

Ms. Denton explained this is a grant for upgrades to the county’s E911 system, and she is requesting funds for touch screen monitors for the 911 system and maintenance costs. Ms. Denton said there is no match obligated by the county. The total amount requested is $39,219.25 and includes $12,919.25 for upgrades and $7,800 for maintenance. The maintenance costs are already paid for in the grant, but Ms. Denton said she is hoping for reimbursement. Ms. Denton said this is a yearly grant the Emergency Communications Commission offers.

Commissioners and Ms. Denton spoke of the fees assessed to cellular phones and land lines. Ms. Denton commented that soon will be the ability to assess fees from phone services such as Straight Talk and Trac Phone. Clerk Poston asked if this is the only grant to apply for in the 2013-2014 budget. Ms. Denton said yes.

Commissioner Kirby moved to sign the Idaho Emergency Communications Commission FY 2014 Dedicated Enhanced Emergency Communications Grant Fee Fund Application. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Kirby moved to authorize the Chairman to sign the Idaho Department of Parks and Recreation Request for Reimbursement and Close-out Report for the Rocky Point Storage Building Add-on. Commissioner Pinkerton second. Motion passed unanimously.

The meeting with Ms. Denton ended at 2:13 p.m.

Commissioner Pinkerton moved to adopt Resolution 2013-26. A resolution of the Board of County Commissioners of Boundary County, Idaho; approving Professional Service Agreement for Boundary County civil legal counsel; incorporation all prior referenced professional service agreements for civil legal services not in conflict; and setting forth amended and modified terms; establishing effective date of agreement; and effective date of this resolution. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-26 reads as follows:

RESOLUTION NO. 2013-26

BOUNDARY COUNTY, IDAHO

TITLE: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO; APPROVING PROFESSIONAL SERVICE AGREEMENT FOR BOUNDARY COUNTY CIVIL LEGAL COUNSEL; INCORPORATION ALL PRIOR REFERENCED PROFESSIONAL SERVICE AGREEMENTS FOR CIVIL LEGAL SERVICES NOT IN CONFLICT; AND SETTING FORTH AMENDED AND MODIFIED TERMS; ESTABLISHING EFFECTIVE DATE OF AGREEMENT; AND EFFECTIVE DATE OF THIS RESOLUTION

WHEREAS: Boundary County, Idaho, a political subdivision of the State of Idaho, is governed by the Board of County Commissioners, having determined in 2002 the need for independent and supplemental civil legal services; and,

WHEREAS: Boundary County, Idaho, has in the past entered into a series of such Agreements for professional services of civil legal counsel, and the appointment and designation of Civil Counsel; and,

WHEREAS: The Board of County Commissioners has made all necessary findings of the necessity of such civil counsel services which are continuing and affirmed by the approval and acceptance of the Professional Service Agreement with Hull and Associates, CHTD and adopted herein which is attached hereto and incorporated in its entirety herein; and,

WHEREAS: The Board of County Commissioners have determined that such an
Agreement, services, and the expenditure of funds is a necessary and ordinary expenditure, and should continue under the terms of the attached Agreement; and,

WHEREAS: Due to the premature death of PHILIP H. ROBINSON who had been acting as designated Civil Counsel for Boundary County since July, 2007, it is necessary to enter into a new Professional Service Agreement which is the subject of this Resolution, which is deemed and determined to be in the best interest of Boundary County.

NOW, THEREFORE, BE IT RESOLVED THAT: The Board of County Commissioners of Boundary County, Idaho, pursuant to the authority and power granted by Idaho Code, does hereby declare and reaffirm that the designation and contract for services of separate civil legal counsel is in the public interest and is a reasonable and necessary expenditure.

BE IT FURTHER RESOLVED THAT: The Board of County Commissioners shall sign, execute and deliver the Professional Service Agreement attached hereto and incorporated in its entirety herein be reference providing for the designation of Hull and Associates, CHTD, with TEVIS.HULL, President, as Civil Counsel for Boundary County.

BE IT FURTHER RESOLVED THAT: The Clerk of the Board of County Commissioners shall attest such signatures of the parties to such Agreement.

BE IT FURTHER RESOLVED THAT: The terms and provisions of this Agreement shall become effective as set forth therein.

BE IT FURTHER RESOLVED THAT: The Resolution shall be in full force and effect upon its meeting of the Board, on the date set forth below.

ADOPTED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNDARY COUNTY, IDAHO on the 28th day of May, 2013.
s/_____________________________________
DAN R. DINNING, Chairman
s/_____________________________________
LEALAN PINKERTON, Commissioner
s/_____________________________________
WALT KIRBY, Commissioner
ATTEST:
CLERK TO BOARD OF COUNTRY COMMISSIONERS:
s/_______________________________________________
Clerk/Deputy Clerk
Recorded as instrument #257573

Commissioner Pinkerton moved to sign the Professional Service Agreement with Hull and Associates, CHTD for civil legal counsel services. Commissioner Kirby second. Motion passed unanimously.

2:15 p.m., Commissioner Kirby moved to go into executive session under Idaho Code #67-2345(1)C, to conduction deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 2:35 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

Commissioners tended to administrative duties.

2:38 p.m., Chairman Dinning said the Commission Chairmen of the four northern counties had wanted to talk about the Joint Powers Agreement for Region 1 Juvenile Detention Center and he mentioned that Bonner County had pulled out of this agreement earlier. The detention center was constructed by Kootenai County and expansions made over the years have also been at Kootenai County’s expense. Kootenai County funds 94% to 96% of the cost of the detention center and the employees there are Kootenai County employees. Chairman Dinning said one thing that has gotten to Kootenai County is wanting to keep costs down, but because of the Prison Rape Elimination Act (PREA), they had to increase staff by two people recently at a cost of over $90,000. These two positions were let go, but then subsequently brought back mid-year due to the detention center’s population. Chairman Dinning briefly spoke of the use of lottery funds to support this budget. Kootenai County is looking at dissolving the existing Joint Powers Agreement, which is the agreement that sets the formula for the daily rate. Chairman Dinning said if he remembers correctly the highest rate for a Boundary County juvenile was either $181 or $188 per day. What Kootenai County’s legal counsel had stated was that in essence, the Joint Powers Agreement just added an advisory aboard of the counties.

In dissolving the current agreement counties could enter into a contract to house juveniles for $150 per day and the contract would be renewable in two years. Chairman Dinning said he informed Kootenai County Commissioners that, yes, Boundary County did enter into a contract with Bonner County, but that doesn’t change a contract with Kootenai County as Boundary County doesn’t know what its needs will be. Kootenai County Commissioners had felt it was unfair to charge a new member $150 while not being able to offer that cost under the Joint Powers Agreement. The current Joint Powers Agreement can be dissolved by resolution and the new contract will be drafted by Kootenai County. Chairman Dinning said the payment formula was not discussed. Chairman Dinning asked Commissioners if they agreed to consider the new agreement and informed them that last year’s charges are to be paid this year and the cost is approximately $66,000. Using the new payment that cost would be approximately $50,000.

Commissioners tended to administrative duties.

There being no further business, the meeting adjourned at 3:58 p.m.

/s/
DAN R. DINNING, Chairman

ATTEST:

/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk