Commissioners minutes
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August 24, 2011 |
Monday, August 08, 2011, Commissioners met in
regular session with Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser. Chairman Ron Smith was out
of the office participating in the inspection of
the Boundary County Jail.
Blue Sky Broadcasting Reporter Mike Brown was in
attendance throughout the day.
Commissioner Kirby moved to appoint Commissioner
Dinning Acting Chairman in the absence of
Chairman Smith. Commissioner Dinning second.
Motion passed unanimously.
9:00 a.m., Road and Bridge Superintendent Jeff
Gutshall joined the meeting. Mr. Gutshall
presented a written report. Clif Warren with
Community Transportation Association of Idaho
(CTAI) also joined the meeting. Mr. Gutshall
spoke of installing a trench drain to intercept
water along Deep Creek Loop, Phase II portion.
Mr. Gutshall said he is going to meet with
landowners along Deep Creek Bridge #4 as they
have road approaches.
Road and Bridge crews have been grader patching
and are working on Parker Canyon today. The
areas being patched are areas that will be chip
sealed, according to Mr. Gutshall. Road and
Bridge is also stockpiling 5/8 chips in the
District 15 Pit. Monday will be the start of
chip sealing season and Mr. Gutshall said he
doesn’t think there will be enough funds to chip
seal up to the Copeland area this year.
Mr. Gutshall said he has enough funds in his
budget to consider a thin layer of asphalt and
he may request to go out to bid for asphalt next
week.
Chairman Ron Smith joined the meeting.
Commissioner Dinning spoke of sloughing along
Riverside Road near the Deep Creek Boat launch.
This area is downstream from the guardrail and
before the boat launch.
Commissioner Dinning moved to go out to bid for
the County fuel supply for fiscal year 2011-2012
subject to the County attorney’s approval.
Commissioner Kirby second. Motion passed
unanimously.
Mr. Gutshall and Commissioners spoke of a
right-of-way inquiry by Mike Gilroy of MacKay
and Sposito. Mr. Gutshall said he is not sure if
the right-of-way in question is legally the
County’s and his question for the County
attorney is if the easement is still there or
has it gone away. In this case, the easement
accesses a couple of properties near Highland
Flats and it may affect the landowners of these
properties if the County decides it doesn’t want
the right-of-way any longer.
Commissioners and Mr. Gutshall briefly discussed
the matter involving Donna Standley and her
question of access ownership near her property.
Mr. Gutshall said Ms. Standley acknowledged no
action could be taken on Goat Mountain Road.
Clif Warren introduced himself to Commissioners
as Mobility Manager for District 1 and explained
that he comes to Bonners Ferry to attend the
local Boundary Area Transportation Team (BATT)
meetings. Mr. Warren informed Commissioners of a
proposed walkway near the Hawkins House along
the highway. Mr. Gutshall said he received a
copy of a letter that was sent to City of
Bonners Ferry Administrator Stephen Boorman
addressing several issues with this project. The
letter said because of Americans with
Disabilities Act (ADA) considerations, the
project would be more complicated and require
more resting areas and guardrails, and that the
Idaho Transportation Department (ITD) preferred
to put it off. Commissioner Kirby said if George
Shutes with ITD could get the barricades moved,
that would solve some problems. Mr. Warren
mentioned speaking to Damon Allen, District
Engineer with ITD.
Mr. Warren spoke of agencies that have banded
together as the Idaho Mobility Council. This
Council has approved moving ahead with plans for
a Bonners Ferry to Boise corridor for travel,
according to Mr. Warren. This system will
consist of two round trips from Bonners Ferry to
Coeur d’Alene with stops along the way most
likely in Ponderay and Athol. Mr. Warren said
the transporting vehicle will need a place in
Bonners Ferry as a stop and start location.
Chairman Smith commented the Bonners Ferry
Visitor’s Center is a good place. Mr. Warren
said the vehicle won’t be a bus, but will be a
15 passenger van. Mr. Warren said another van
may be obtained through Enterprise Rent-A-Car.
Initially, passenger tickets won’t cover the
cost, but hopefully it will as ridership
increases. The van will interconnect with
Greyhound and other travel means so exchanges
will be possible. Mr. Warren said this program
will begin sometime near the end of the year and
the Council will seek quotes for qualified
operators. One requirement is to utilize a
certain amount of funding towards advertising
and the hope is to get enough riders from
Bonners Ferry to Sandpoint. Mr. Warren said
Dover, Sandpoint, Ponderay, and Kootenai County
have created a partnership for transportation
called “Selkirks – Pend Oreille Transit” or
“SPOT” and this service provides approximately
4,000 rides per month. Mr. Warren said the new
system starting from Bonners Ferry will make a
stop near the Health and Welfare Office in
Sandpoint and he understands there may be a need
for that as the local office in Bonners Ferry
has closed. This service will be offered seven
days per week and Mr. Warren said the Visitor’s
Center would be ideal as there are restrooms and
coverage from weather.
Mr. Warren discussed funding issues and said the
District Coordination Council is the group that
exists in District 1 and they make the initial
funding recommendations and pass those
recommendations up the chain. Tina Wilson is the
only representative from District 1 on that
council so there are other spots available if
any other representatives from District 1 want
to participate.
The meeting with Mr. Gutshall and Mr. Warren
ended at 9:50 a.m.
9:50 a.m., Planning and Zoning Administrator
Mike Weland joined the meeting to review various
aspects of the proposed Planning and Zoning
Ordinance in preparation of the public hearing.
10:40 a.m., Attorney Phil Robinson and Clerk
Glenda Poston joined the meeting.
Commissioners asked Attorney Robinson questions
in regards to changes requested to the County’s
zone map. Chairman Smith said the County has
gone through the Comprehensive Plan and has
adopted it pending approval of ordinance. The
County also has the zone map and will now hold a
public hearing on the Planning and Zoning
Ordinance and zone map. After the hearing, the
Ordinance will be adopted with or without
changes and Chairman Smith questioned where a
problem would be in that. Attorney Robinson said
the problem would be if there are changes to
either. Mr. Weland said his perception of
Planning and Zoning is the intensity of a use
can be decreased, but not increased. Chairman
Smith said Commissioners can go through the
hearing and adopt the ordinance for the County
to have the complete package. Attorney Robinson
said there is still a dark cloud that there are
still changes requested and if changes are made
to a location of zones, etc., there has to be
conformity to the Comprehensive Plan map or
there will be conflicts. It was said it sounds
like there is not only changing of the zones,
but what occurs within the zones. There are code
definitions that are supposed to match, but
don’t any more. Commissioner Dinning said what
is being looking at today is if the ordinance is
adopted and there is something in it that
doesn’t fit the Comprehensive Plan, the County
is already in direct conflict.
10:45 a.m., Boundary County Emergency Services
Director Dave Kramer joined the meeting.
Attorney Robinson said if significant changes
are made to the ordinance at the public hearing
and it alters the zone definitions and/or
locations, the County could be back in
violation. Attorney Robinson said if significant
changes are made to the definitions for what is
allowed in zones or zone applications, there
will be violations, but it would be less likely
if the changes were “less than”. Commissioner
Dinning said the map that comes to Commissioners
should match the current Comprehensive Plan map
even though it is understood there have been
requested changes.
Mr. Weland left the meeting at 10:50 a.m.
Commissioners, Clerk Poston, and Attorney
Robinson discussed the new tractor agreement for
the Fair Board. Clerk Poston said the agreement
and resolution has not been finalized yet.
Attorney Robinson explained that Fair Boards are
unique in that they are autonomous and have
their own budgets, etc. The Fair Board has the
ability to raise and spend its own funds.
Commissioner Dinning moved to authorize the
Chairman to sign the lease/purchase documents
from Panhandle State Bank in regards to the
tractor for the Fair Board, subject to the
County attorney’s approval. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Kirby moved to approve the minutes
of August 1, 2011. Commissioner Dinning second.
Motion passed unanimously.
Commissioners asked Attorney Robinson about the
proposed memorandum of understanding (MOU) for
the mass casualty trailer. Chairman Smith
explained this trailer is County equipment that
is going from the Bureau of Homeland Security to
the Boundary Volunteer Ambulance Association. As
far as being County property and needing
something done to this equipment, the Ambulance
Association will provide the materials and Road
and Bridge can provide the labor. In regards to
restocking the trailer, the Ambulance
Association is aware there are grants available
through the Panhandle Health District they can
apply for.
Commissioner Dinning moved to authorize the
Chairman to sign the memorandum of understanding
between the Boundary County Office of Emergency
Management and Boundary Volunteer Ambulance in
regards to the transfer of the mass casualty
trailer. Commissioner Kirby second. Motion
passed unanimously.
Mr. Kramer left the meeting at 10:55 am.
Those present discussed forming an ambulance
district. Attorney Robinson said the County
Commissioners would become the district’s board
if a district is formed. During or after a
public hearing on forming an ambulance district,
Commissioners can make a decision whether or not
to approve a district or to go out for an
advisory vote. The final decision to form a
district doesn’t have to be made at the public
hearing. Attorney Robinson said to have some
validity, it is best to hold the proposed
district election at the most appropriate time.
Commissioner Dinning said there needs to be a
petition presented. Commissioners discussed
concerns of listing the levy amount as that
became a concern with the last district that was
formed. Attorney Robinson said the proponents of
the district should come prepared with as much
information, including financial information, as
possible. Clerk Poston said she doesn’t think
all required processes would be completed in
time to have this vote on this Fall’s election
schedule.
11:10 a.m., Road and Bridge Superintendent Jeff
Gutshall joined the meeting.
Mr. Gutshall and Commissioners discussed the
matter involving the question of ownership of a
right-of-way as it relates to access of
Bonneville Power Administration (BPA) property.
Mr. Gutshall said Mike Gilray, Surveyor with
MacKay & Sposito, said his company’s client is
BPA and there is a question of ownership of a
right-of-way and neighbors in that area are at
odds over this access. The question is if there
is a prescriptive right-of-way that continues to
exist if it is found in maps and surveys.
Commissioner Dinning said in this case, the
County doesn’t have to maintain the access, but
it won’t give away rights everyone thinks the
County has. It was said if the easement is the
County’s, the County needs to let someone know
if the access is going to be abandoned. It was
said a survey is one of the types of documents
that will show if ownership is the County’s. Mr.
Gutshall said this is an access road to BPA
power lines and BPA just wants to know if they
need to approach the County or the private
landowners if they need to do anything in
regards to that access. Attorney Robinson said
the question is where the title is. Mr. Gutshall
questioned if the County claims the right to
that access, can the County claim the right to
use it. Attorney Robinson said yes. Mr. Gutshall
said the survey being reviewed is only for one
particular client.
County residents John Meadows and & Bob Hobbs
joined the meeting.
Mr. Gutshall said there is legal argument the
County may have already lost the easement. Mr.
Gutshall said as opposed to a transportation
easement, is it fee simple if there is a
prescriptive right-of-way with 50 feet and
timber that has come off it. It was said
easement is vested in the person who has the
underlying estate. Those present discussed the
issues involving the neighbors along the
easement and it was said neighbors cannot
acquire abandoned County property or use
property by adverse possession.
Those present briefly discussed the proposed
abandonment of Hewitt Road in regards of how to
define the road.
Mr. Gutshall and Commissioners discussed
realigning the road at the top of Paradise
Valley Hill that connects to Blue Sky Road. The
County would need to acquire property in order
to straighten the road out to align with
Shamrock Road. Chairman Smith said if that
occurs, a stop sign will be needed at Blue Sky
Road. Mr. Gutshall said he would run the global
positioning system (GPS) to show how much land
is needed. Those present questioned how to
obtain more land. It was said an appraisal needs
to be done and Attorney Robinson said the County
needs to negotiate an acquisition. Mr. Gutshall
said the County needs to talk to the property
owner and he mentioned this would not be
condemning property. Attorney Robinson said the
County can buy land and pay for various costs or
fees to the property owner. Commissioner Dinning
said the acquisition will make the property
owner’s land minimum size. Mr. Gutshall said
this realignment is a significant shift and
there are four to five homeowners with road
frontage. The landowners in that area will have
to have their accesses extended. Attorney
Robinson mentioned having to pay for those
extensions. The property owners should be cashed
out, according to Mr. Gutshall. Chairman Smith
asked Mr. Gutshall to get his information
together.
Mr. Gutshall left the meeting at 11:45 a.m.
Chairman Smith said about one year ago property
owner John Meadows talked to Commissioners about
combustible engine boats on Boundary County’s
lakes. Chairman Smith said he referred to the
Idaho Department of Fish and Game Fishing
Regulations Booklet that lists lakes in the area
and it mentions the use of electric engines only
on these lakes, but then it was pointed out to
him that the statement pertained to fishing.
Those present questioned what the next step is
to eliminating combustible engines on small
lakes. Commissioner Dinning said he had wondered
if there had been complaints lately as he knew
when speaking to Mr. Meadows previously, there
had been an issue of a jet ski on Bonner Lake.
Mr. Meadows said there was one other situation
on Robinson Lake. Attorney Robinson said there
are some jurisdictional issues on lakes.
Attorney Robinson said in Bonner County the
obvious lakes were chosen and the remaining
lakes were left loose such as you will find
motorized boats on Lake Cocalalla, but you won’t
find them on Round Lake. Chairman Smith said he
spoke to Chip Corsi with the Department of Fish
and Game to tell him what the issues are.
Attorney Robinson said he is 99% sure
Commissioners have the authority to regulate
combustible engines used on lakes in Boundary
County and he doesn’t see any problem with the
County adopting its own regulations.
Commissioner Dinning mentioned the need to list
the same names of lakes that are in the Fish and
Game regulations if the County is going to adopt
its own regulations. Mr. Meadows said last year
all lakes were covered by the regulation, but if
someone wasn’t fishing they could still use
combustible engines. Mr. Meadows said even small
motors are still two cycle motors with noise and
oil pollution. Commissioner Dinning said all
lakes in Boundary County were covered in last
year’s regulations and he questioned why
regulations changed for this year. Attorney
Robinson explained that there was a major change
and now a lot of restrictions have been removed
in Bonner County.
Chairman Smith asked what would cause the County
to hesitate in adopting regulations that say no
combustible engines. Commissioner Dinning asked
if the County has jurisdiction over a lake
surrounded by private property where the public
can’t get to the lake. Attorney Robinson said if
there are only one or two lakes in which the
County doesn’t have jurisdiction, it would be
easier to just ban combustible motors
everywhere. It was said McArthur Lake and
Soloman Lake are not covered in the Fish and
Game regulation booklet. Mr. Meadows said if the
lake is not private, it is still a state or
county lake. Attorney Robinson said it comes
down to a jurisdictional enforcement issue.
Commissioner Dinning said once Boundary County
determines what it is going to do with gas
motors, the County can petition the Department
of Fish and Game to include those lakes in their
regulations brochure.
Mr. Meadows said Vern Wilson was told there
would be no changes in fishing because Boundary
County lakes are less than 50 acres. Most of
Boundary County’s lakes are less than 30 acres
and under jeopardy of being polluted. Chairman
Smith questioned holding a public hearing to
consider this issue. Attorney Robinson said he
could put language together for use in holding a
public hearing. Mr. Hobbs said the pollutants
and invasive species issues should really weigh
into this matter.
Mr. Hobbs and Mr. Meadows left the meeting.
Commissioners reviewed claims for approval. Fund
totals are as follows:
Current Expense $20,594.26
Road & Bridge 37,855.95
Airport 3,192.31
District Court 1,847.08
County Fair 36,700.00
Justice Fund 26,950.99
911 Funds 397.60
Health District 12,433.50
Historical Society & Museum 6,500.00
Hospital, Operation 67,500.00
Indigent & Charity 28,109.31
Parks and Recreation 6,128.43
Revaluation 933.05
Solid Waste 17,826.65
Tort 2,001.99
Veterans Memorial 70.24
Weeds 9,393.12
Restorium 13,132.16
Waterways 140.34
Hospital Supplemental Levy 5,905.49
Grants, Fire Mitigation 46,385.75
TOTAL $343,998.22
Trusts
Auditor’s Trust 1,654.06
YAB Restitution Trust Account 234.00
Drivers License Trust 7,677.50
Magistrate Trust 34,561.00
Motor Vehicle Trust 83,211.38
Sheriff's Trust Fund 186.07
TOTAL $127,524.01
GRAND TOTAL $471,522.23
Citizens are invited to inspect detailed records
on file in the Courthouse (individual claims &
Commissioners’ allowance & warrant register
record 2011).
There being no further business, the meeting
recessed until tomorrow at 9:00 a.m.
***Tuesday, August 09, 2011, Commissioners met
in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Boundary Volunteer Ambulance Chief
Ken Baker joined the meeting to discuss upgrades
needed for the Ambulance Barn. Mr. Baker said
the Ambulance Association would like to install
two new windows and lights in the barn. The
existing windows have bad panes in which water
has run down and into the building. Chairman
Smith asked about funding these improvements and
Mr. Baker said funds would come from the
Ambulance Association. Mr. Baker said the
contractors the Ambulance use will have the
proper insurance certificates. The Ambulance
Association is getting the office cleaned up,
according to Mr. Baker. The cost of the remodel
will be less than $2,000.
Mr. Baker explained that he is working to obtain
facts in order to present the request to form an
ambulance district. Commissioner Dinning said
Commissioners could have an advisory vote, but
he was thinking of what the public’s perception
would be. Commissioner Dinning mentioned the
possibility of having the Ambulance Association
hold off on the petition until the County had an
advisory vote. Chairman Smith said it is the
County’s responsibility to have an ambulance
service and if Commissioners went to an advisory
vote, it couldn’t be done until next May.
Chairman Smith said he would hate for the
Ambulance Association to approach Commissioners
to say they aren’t able to make it within that
time. Mr. Baker said he could have his
information ready before the end of the year.
Commissioner Kirby said to get the petition,
assemble the budget for the first year, then
approach the public. Chairman Smith said
Commissioners can’t do anything until the
petition reaches the Clerk’s Office and at that
point, Commissioners have to schedule a public
hearing. Commissioner Kirby said he would even
like to see the proposed budget prior to holding
a public hearing. Commissioner Dinning said if
the Ambulance Association can get the proposed
budget to Commissioners for their review and
understanding prior to a public hearing, any
changes needed can be done. Mr. Baker said Clerk
Poston was good at helping in that and presented
possible issues that may not be obvious to the
Ambulance Association. Mr. Baker said the
Ambulance Association’s attorney is also working
on putting information together. Commissioner
Dinning said the Ambulance Association may be
shooting themselves in the foot by starting the
clock of requirements before having the proposed
budget information.
Those present discussed cost recovery issues.
Mr. Baker left the meeting at 9:25 a.m.
9:30 a.m., Restorium Administrator Karlene Magee
and Restorium Board Chairman Larry Dirks joined
the meeting to give the departmental update. The
Restorium is still at capacity with an
additional 21 people on the waiting list,
according to Ms. Magee. The storage unit is
almost empty with the exception of surplus
windows, etc. Ms. Magee said she will be able to
have shelves built when a contractor is hired.
Commissioners discussed budget matters as it
pertains to installing an elevator in the
Restorium. Chairman Smith said in the past,
Panhandle Area Council had block grants
available, but the County wasn’t able to cover
the match. Chairman Smith suggested looking into
Americans with Disabilities Act (ADA) grants to
see what may be available. Chairman Smith
informed those that there isn’t an ability to
move forward with funds until October 1, 2011.
Chairman Smith briefly discussed how Clerk
Glenda Poston meets with Commissioners to inform
them of the overall status of the budget.
Chairman Smith said counties are receiving a
full payment in lieu of taxes (PILT) payment and
the full amount of revenue sharing. Commissioner
Dinning questioned if the Restorium Board has
put any thought into increasing rates for new
residents that come in. Chairman Smith
questioned why think about raising rates if
there is a full house and revenue coming in.
Chairman Smith said he feels good having 35
rooms rented and having 21 people on the waiting
list. Chairman Smith said he would like to see
the levy amount for the Restorium drop. Mr.
Dirks said he feels there needs to be thoughts
of adding on to the Restorium in the future.
Panhandle Health District owns half of the
parking lot to the east, according to Mr. Dirks.
Ms. Magee estimated an addition would create six
more rooms. Commissioner Dinning said due to the
economy now is not the time to expand, but it is
something to think about in the future.
Mr. Dirks and Ms. Magee left the meeting at 9:45
a.m.
Mr. Gutshall stopped by Commissioners’ Office at
9:45 a.m.
Those present discussed the proposed agreement
for trading services as drafted by the City of
Bonners Ferry. Mr. Gutshall said Mr. Boorman was
okay with what he had suggested for the new
agreement. Commissioners reviewed Mr. Gutshall’s
counter proposal. Commissioner Dinning said Mr.
Gutshall may want to be sure the agreement
states the City of Bonners Ferry will pick up
the rock they are entitled to use. This is just
to be an exchange of value for value, according
to Commissioner Dinning and Mr. Gutshall.
Mr. Gutshall briefly discussed striping the
Courthouse’s back parking lot for parking
spaces. Mr. Gutshall said he was thinking of
contacting the company that has done the
striping before to get a quote on striping, seal
coating, or both. Mr. Gutshall asked if the
contractor should submit a drawing of how the
parking lot will be striped and if this is just
the parking lot behind the Extension Office or
the entire Courthouse parking lot. Chairman
Smith said he was just thinking about the
parking lot behind the Extension Office.
Mr. Gutshall presented Commissioners with a map
in regards to realigning the corner at the
junction of Blue Sky Road and Shamrock Road.
Mr. Gutshall said he looked further into the
right-of-way matter at Highland Flats and the
County’s mapper doesn’t show the County road
going back that far. Commissioner Dinning
suggested the statement that Boundary County
doesn’t find a right-of-way there.
10:03 a.m., Deputy Clerk Nancy Ryals joined the
meeting.
Channing Nagel stopped by Commissioners’ Office.
Mr. Nagel said he read in last week’s newspaper
that a hiker had his backpack and lunch taken by
a Grizzly Bear and the bear ended up being
euthanized, but here in Boundary County, a
property owner protected his property and family
against a Grizzly Bear and shot it and now he is
being charged. Mr. Nagel and Commissioners
briefly discussed Commissioners giving a
response to the local case.
Mr. Gutshall and Mr. Nagel left the meeting at
10:15a.m.
Commissioner Dinning moved to go into closed
session under Idaho Code #31-874. Commissioner
Kirby second. Motion passed unanimously. 10:20
a.m., Commissioner Dinning moved to go out of
closed session. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved to stipulate to hold
off on the appeal hearing for indigent
application #2011-40 until the appellants have
confirmation of Veteran’s Administration
eligibility on all bills. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved to approve
non-medical assistance for indigent application
#2011-51. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved to deny indigent
application #2011-46 as per the Clerk’s
recommendation. Commissioner Kirby second.
Motion passed unanimously.
Deputy Clerk Nancy Ryals said she checked with
Attorney Robinson about how long the County
needed to retain tax cancellation forms. Deputy
Clerk Nancy Ryals explained to Commissioners
that it is difficult to read the County’s copy
of the form after they have been scanned.
Attorney Robinson has said these forms are
deemed semi-permanent. Deputy Clerk Nancy Ryals
said she would contact Attorney Robinson for
further clarification.
Deputy Clerk Nancy Ryals left the meeting at
10:25 a.m.
Treasurer Jenny Fessler joined the meeting to
discuss a delinquent tax matter. Treasurer
Fessler left the meting at 10:36 a.m.
Meeting ended at 10:40 a.m.
There being no further business, the meeting
adjourned at 10:40 a.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy
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