Commissioners minutes, July 25

Monday, July 25, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.  

Blue Sky Broadcasting Reporter Mike Brown was present during meetings throughout the day.

Commissioner Dinning moved to approve the minutes of July 4 & 5, 2011. Commissioner Kirby second. Motion passed unanimously. 

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall presented a written report. Mr. Gutshall said he received a letter from a resident on Katka Road informing him there is a fair amount of sand on the road left over from the winter, which causes a concern for safety. Mr. Gutshall said he hasn’t gotten to all of the areas that need sand brushed off. Mr. Gutshall said this issue has been noted and he will try to get the water truck out there, but right now Road and Bridge is working on the emergency situation on Deep Creek Loop.

Commissioner Kirby said a resident living on the Westside Road informed him there is a pothole forming on the road and he asked if Road and Bridge could patch the hole.

Mr. Gutshall spoke of the work to repair the slough on Deep Creek Loop and he said he has a sign posted at the site. Mr. Gutshall said he has made pavement cuts that he will pull out and refill with an asphalt patch. Mr. Gutshall said this portion of work falls under the spring emergency declaration, in which costs are reimbursable. Mr. Gutshall briefly spoke of the culverts that will be installed. Mr. Gutshall said two projects associated with the emergency are programmed with the Local High Technical Assistance Council (LHTAC), but the hold up is that Congress has not approved any funding for these projects yet. Mr. Gutshall informed Commissioners that work falling under the category of mitigation may not happen for one year, but he is authorized for patching. Paving does show up in the emergency and mitigation categories, according to Mr. Gutshall. Mr. Gutshall said he wants to move the two culverts into the emergency category since it wouldn’t be until after winter before that issue is fixed. Mr. Gutshall said he will get this area on Deep Creek Loop patched and ready for two lanes again.

Mr. Gutshall said Road and Bridge will finish the week with asphalt patching and the following week will be Durapatching. Mr. Gutshall suggested taking a visit to the new crusher as the production of chips has doubled. This machine is a real success and the cost of wear to the machine has almost gone to negligible unlike before. The County is in good shape for rock production for a long time, according to Mr. Gutshall.

Those present briefly referred to an aerial map in preparation of the discussion on rights-of-way involving Donna Standley.

9:16 a.m., Donna Standley joined the meeting.

Mr. Gutshall and Commissioners briefly discussed work on Fawn Lane. Mr. Gutshall said Chuck Valentine with Valentine Surfacing got back to him to inform him he may not be able to grind Fawn Lane in August, which will be a problem so he is working on that. Mr. Gutshall said Fawn Lane and Blume Hill are in good shape. Commissioner Dinning asked if the grinding and cement treated base (CTB) for Fawn Lane could be done in September and Mr. Gutshall said possibly. Mr. Gutshall said there is someone local that may be able to do the job and may be less expensive.

Chairman Smith asked the status of striping the back parking lot and Mr. Gutshall said the County needs to get quotes for that.

Chairman Smith briefly discussed the proposed agreement that pertains to the City of Bonners Ferry and the County trading services. Mr. Gutshall said he would contact Attorney Robinson about the agreement.

Mr. Gutshall said Ms. Standley was asking about the County right-of-way near her residence. The County Road and Bridge Department maintains up to the Haarstick’s driveway or right to the end of the woods and that is how it has been since he has been employed at Road and Bridge. Mr. Gutshall indicated he didn’t know the status of rights-of-way or maintenance beyond that area Ms. Standley had talked about. Mr. Gutshall said it isn’t the County that does work beyond Ms. Standley’s residence. Mr. Gutshall said if there are concerns about the County right-of-way beyond the maintenance road, Ms. Standley could meet with the Commissioners to request abandonment as long as other property owners don’t have their access cut off. If someone has legal use of the right-of-way, they could have legal right to grade it, according to Mr. Gutshall. Ms. Standley said the last time she met with Commissioners about this, Commissioner Dinning said this right-of-way couldn’t be abandoned as it was access to the mine. Ms. Standley said she just wants to know who has the right to do work on that road and she mentioned that someone released 100 chucker chicks back in that area. Ms. Standley said she noticed someone was going back beyond the property and now the road was rougher than it had been before. Ms. Standley said her question is who has the right to do that. Ms. Standley said her other question pertains to the easement or county right-of-way, not road right-of-way, at the end of what is now Crescent Road. Ms. Standley said it is where her cabin is. Ms. Standley presented Commissioners with a description of the property that is excluded from her deed and is the County right-of-way. This access doesn’t lead to anything, but private land, according to Ms. Standley. Commissioner Dinning asked if there was an aerial map to determine property owners and he asked Mr. Gutshall about the County’s future need of this access. Ms. Standley said her conservation easement prohibits her land from being broken up. Ms. Standley said she is requesting this information because someone with an aggressive tread on their vehicle has gone well beyond the County’s right-of-way. Ms. Standley said the Trow Creek Water Association has ingress and egress rights to cross her property and she understands one access cannot be closed. Mr. Gutshall said maybe it is a question for the County’s attorney as to what people can do to a County easement. It was said Ms. Standley’s request to abandon the right-of-way would only apply to the extension of Crescent Road, not Goat Mountain as that can’t be abandoned. It was questioned if someone created the mess by working on the road. Ms. Standley said her son and Trow Creek Water Association are the only two with property access.

Ms. Standley and Mr. Gutshall left the meeting at 9:35 a.m.

Commissioners tended to administrative duties.

Chairman Smith spoke briefly of letters he would like to write praising the work of Mick Shea, Libby Dam Operator and Jonathon Livingston with the National Weather Service. Those present discussed the work that was done due to the river level and it was said there should only be seepage now, but that is something you can’t do anything about. Commissioner Dinning said there will still be dike and bank erosion.

Commissioner Dinning said he was made aware the Kootenai Tribe has recently flown over the Kootenai River for the river restoration project. By coincidence, because of seepage, the damage to crops will be visible, according to Commissioner Dinning. Chairman Smith informed Commissioners that Boundary County was not included in receiving relief from agricultural damage.

Commissioner Kirby moved to approve the minutes of July 18 & 19, 2011. Commissioner Dinning second. Motion passed unanimously.

10:00 a.m., Park and Recreation Board Chairperson Pam Copeland joined the meeting to discuss purchasing a lawn mower for the Park and Recreation Department. Clerk Glenda Poston also joined the meeting.

Ms. Copeland said the Park and Recreation Board would like to purchase a lawn mower. The cost is approximately $11,000 and this balance could be paid off in three monthly payments. Chairman Smith explained that Commissioners are the Board to make the purchase as the Park and Recreation Department falls under the County Commissioners. Ms. Copeland said the plan is to make three yearly payments with the first payment coming out of this current budget year.

Those present discussed the Park and Recreation Department budget. Clerk Poston said the budget for Park and Recreation is currently standing at $72,000. Commissioners asked what is showing for cash carry forward and Clerk Poston said $33,000 to $34,000. Clerk Poston said the actual budget left is $32,900 and there was a question of what the Park and Recreation Board has yet to spend out of the current budget. Clerk Poston said there isn’t a problem with the first lawn mower payment coming out of this budget year. Chairman Smith questioned why two payments couldn’t come out of this budget year and Clerk Poston said she would question what expenditures will still be made. Ms. Copeland said the only thing out of the ordinary is the Park and Recreation Board has agreed to pay for tennis court repairs at a cost of $1,800. Commissioner Dinning asked if it would mess the schedule up to have the first payment made on October 1, 2011, but Clerk Poston said in order for delivery, the first payment needs to have been made. Ms. Copeland said the Park and Recreation Board is getting a deal on a demo model so the arrangement needs to be made before the lawn mower is offered to someone else. Chairman Smith said if there are no more expenditures the budget will have approximately $20,000. The repairs spent for the tennis courts is only $1,800 to $2,000. Clerk Poston reminded those present about the electrical work the City of Bonners Ferry is going to do. Ms. Copeland said that cost is approximately $7,000. It was agreed the first lawn mower payment could still come out of this year’s budget. Ms. Copeland said if there is only one payment to be made, could she look at what Clerk Poston has for Park and Recreation Department expenses. Commissioner Dinning asked who owns the large Kubota and Clerk Poston said the Kubota was purchased equally using funds from the Courthouse and Park and Recreation budgets. Ms. Copeland said she has seen the lawn mower that is currently being used and it is the size of one she would use at her home so she is looking for a model that is more industrial. Ms. Copeland said she will need a copy of the Park and Recreation budget, the County budget, and Commissioners minutes approving the purchase of the lawn mower. The total is approximately $12,000 and there will be three even payments of $3,900.

Commissioner Dinning moved to approve the purchase of a lawn mower for the Boundary County Park and Recreation Department from Boundary Tractor at the cost of $11,700 with equal payments of $3,900. Commissioner Kirby second. Motion passed unanimously.

Ms. Copeland asked if she needs to make an adjustment to how line items are formed in the next budget and Chairman Smith said no, as long as the figures aren’t changing.

Ms. Copeland spoke of the status of repairs to the Godwin House. Ms. Copeland said the Park and Recreation Board’s consensus is that the idea of making different improvements to the Godwin House isn’t feasible and only improvements to what the structure already has will be made. Tim Fulton of Fulton Construction has approached the Park and Recreation Board and asked if it was possible to do the cement work this year because he is available right now. The cost for this work is $5,700, but that cost would come out of insurance claim funds for the damage to the Godwin House. Chairman Smith said his suggestion is to do the cement work after October 1, 2011. Commissioner Dinning asked if there is anticipated revenue yet and Clerk Poston said it is in the next budget. Commissioner Dinning questioned if the County has the ability to call it unanticipated revenue.

Clerk Poston said the budget has been published and she can adjust line items so the Park and Recreation Department would have less the next budget year because it was anticipated. If the Park and Recreation budget was reduced by $6,000 it would leave $105,000 as it is currently $111,000. Out of that budget, Fulton Construction would be paid $5,700 for his work. The County could make that expenditure this year, but the budget will be $5,700 less for next year because it was done. Improvements to the Godwin House will be minimal as the Park and Recreation Board just needs a place to meet and have some storage, according to Ms. Copeland. Carpeting in the Godwin House won’t be replaced and just linoleum will be put in.    

The meeting with Ms. Copeland ended at 10:40 a.m.

Commissioners tended to administrative duties.

Commissioner Kirby moved to adopt Resolution 2011-40. A resolution reimbursing various County funds for election expenses paid. Commissioner Dinning second. Motion passed unanimously. Resolution 2011-40 reads as follows:

Resolution 2011-40

Reimbursing Various County Funds for Election Expenses Paid

WHEREAS, Boundary County received funds from the State of Idaho for the purpose of conducting the March 8, 2011 and May 17, 2011 Boundary County School District #101 elections, and

                WHEREAS, Boundary County has expended funds out of various county funds for salaries, postage and meter supplies, and copy charges for the purpose of conducting those elections, and

                WHEREAS, the state election funds received were deposited into revenue account 01-00-337-09 and it is appropriate to transfer $14,403.52 in state election funds from that revenue account into the various Current Expense account line items from which the expenses were paid as follows:

Account Number                                                                                 Amount

01-01-401, Salaries - Officer                                                                                    2959.32

01-01-402, Salaries – Deputies                                                                               8868.01

01-01-407, Salaries – Overtime                                                                                 359.35

01-10-404, Salaries – Supervisor                                                                              661.12

01-03-406, Salaries – Employee, Part-Time                                                             299.52

01-19-402, Salary – Resource Planner                                                                     459.20

01-18-440-01, Postage & Meter Supplies                                                               221.00

01-01-440, Supplies – Office                                                                                     576.00

                WHEREAS, it is also appropriate to transfer state election funds cash received in the amount of $245.07 into the Justice Fund expense accounts from which expenses were paid and increase the Justice Fund Budget Revenue and Expense Accounts as follows:

Revenue Account                                                            Expense Account                           Amount

08-00-391-18, Reimbursements                                       08-01-402, Salaries – Deputies      158.26                         

08-00-391-18, Reimbursements                                       08-01-407, Salaries – Overtime         86.81

                WHEREAS, it is also appropriate to transfer state election funds cash received into the 911 Fund from which an expense was paid and increase the 911 Fund Budget Revenue Account number 09-00-391-18, Reimbursements, and Expense Account number 09-00-405, Salaries, Employee, Full-Time, in the amount of $702.40.

                NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

                IT IS RESOLVED that state election funds received and deposited into revenue account number 01-00-337-09 in the total amount of $15,350.99 be transferred into the various accounts as outlined above 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 25th day of July, 2011

                                                                                                COUNTY OF BOUNDARY

                                                                                                BOARD OF COMMISSIONERS

                                                                                                s/_____________________________             

                                                                                                RONALD R. SMITH, Chairman

                                                                                                s/_____________________________

                                                                                                DAN R. DINNING, Commissioner

                                                                                                s/_____________________________                          

                                                                                                WALT KIRBY, Commissioner

ATTEST:

s/                             ___________________________________                                                                  

GLENDA POSTON, Clerk of the Board of County Commissioners

By: Michelle Rohrwasser, Deputy

Recorded as instrument #251342

Commissioner Dinning asked about the involvement of the Justice Fund and Clerk Poston responded two of the Court Clerks stayed after hours to help count absentee ballots.

Commissioner Kirby informed Commissioners that the City of Bonners Ferry has drilled a well on their property near Riverside Park.

Clerk Poston left the meeting at 10:39 a.m.

Chairman Smith said he is going to speak with Attorney Phil Robinson about the issue of motorized boats on lakes in Boundary County. The booklet from the Idaho Department of Fish and Game states electric motors only, but Mike Brown pointed out that statement was about fishing so he wants to look into it. Commissioner Dinning said to his knowledge you can have a motorized boat, you just can’t have it running. Commissioner Dinning questioned if there has been any abuse.

10:40 a.m., Chief Deputy Treasurer Sue Larson joined the meeting.

Commissioner Dinning moved to grant an extension of time to receive 2010 year taxes for parcel #MH63N01E293740A until August 3, 2011. Commissioner Kirby second. Motion passed unanimously.

Ms. Larson left the meeting at 10:45 a.m.

Commissioners tended to administrative duties.

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

Tuesday, July 26, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

Commissioner Kirby moved to approve the minutes of July 11 & 12, 2011. Commissioner Dinning second. Motion passed unanimously.

Commissioners tended to administrative duties.

10:00 a.m., Commissioner Dinning said there is a concept instituted by Jim Riley called the Community Forest Trust. This program will involve Commissioners from five Idaho counties to act as the Board for this project and the proposal requests 200,000 acres of land across the State of Idaho to be used for management practices. The Idaho Department of Land’s (IDL) ownership will not transfer and the management responsibility will go to Idaho Department of Lands and all of the actions will adhere to Idaho rules, regulations, and laws, according to Commissioner Dinning. This proposal pertains to the national forests.

Commissioner Dinning said the intent is to manage these lands on a sustainable basis and to coordinate with local collaboratives from each county so there is input on management. After IDL is paid their costs for management, the balance of money out of sale proceeds will go back to the Federal Treasury to offset the money that has been sent to Idaho from the Secure Rural Schools (SRS) program. Commissioner Dinning said if this pilot program generated $500,000 from a project, the SRS fund amount of $1,000,000 could still be received by the County, but the $500,000 could be distributed to the Idaho counties. Chairman Smith questioned eventually doing away with SRS funds and Commissioner Dinning said all of this money will go to the State. Commissioner Dinning said no matter what is done, the intent of legislation is to show that federal regulations imposed on the Forest Service is limiting debt reduction and all things associated with the national debt right now. Commissioner Dinning said this pilot program would last for five years or for the duration of the next SRS reauthorization, whichever is longer. Chairman Smith asked if counties know what to expect in SRS funding and Commissioner Dinning said this money would be much lower. Chairman Smith asked if Congress would say it would be better to discontinue SRS and let counties do this. Commissioner Dinning said by proper management and going to another formula instead of SRS, it shows the State can provide funding not in the federal treasury.

Commissioner Kirby said he is sure the proceeds won’t match anything near the cost of managing the lands. Commissioner Dinning said the Congressional legislation is going to address this. Commissioner Dinning said this is just a concept and not final and there are concerns about language involving outside parties. Commissioner Dinning said the Community Forest Trust Board will want the Tribes involved and this program also talks about working with collaborative groups. Commissioner Dinning said the proposal discusses formulating information to pass on to Congress for the purpose of moving forward with this project. Commissioner Dinning said to understand that this is not adopting all language, but just adopting the concept. Commissioner Dinning said once Commissioners approve to support the pilot project, he will send notification to Mr. Riley. Commissioner Dinning said this program will not affect payment in lieu of taxes (PILT) in any way.

Commissioner Dinning moved to support the Community Forest Trust Pilot Project as presented while understanding the document will change to accommodate needs as they arise. Commissioner Kirby second. Motion passed unanimously.

Chairman Smith asked if it would help or hurt to encourage others to finalize this project. Commissioner Dinning said this information will be presented to other counties through the Idaho Association of Counties.

Commissioner Dinning said the Board that oversees this project will consist of five Commissioners across the state.

Commissioner Dinning moved to sign letters of support to the U.S. Army Corps of Engineers and to the National Weather Service. Commissioner Kirby second. Motion passed unanimously.  

There being no further business, the meeting adjourned at 11:00 a.m.

                                                            /s/

                                                            RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy