Commissioners minutes
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