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Monday,
October 31, 2011 at 9:00 a.m., Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Blue Sky Broadcasting News
Reporter Mike Brown was in attendance at the
meetings throughout the day.
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 a
resident on Pioneer Road, which is the old Mount
Hall Highway, had left him a message requesting
the County close this road due to people driving
at high rates of speed. Mr. Gutshall said there
are other parcels on that road so he will
contact the resident that called.
Mr. Gutshall discussed
hauling rock for the Kootenai Restoration
Project. Mr. Gutshall said this will take place
in year 2012 and he estimated hauling 10 loads
per hour at approximately 10 runs per day. Mr.
Gutshall said Road and Bridge hasn’t hauled such
a large load in awhile, but it will happen at
the better time of year for that.
Those present discussed the
District 11 Road and District 5 Road. Mr.
Gutshall said the roads do get graded and when
people call about these roads they get graded.
Depending on what this winter brings Road and
Bridge should be able to get to this work next
year. Mr. Gutshall said there has been talk
about the trucks heading out another way while
working on the road, but initially the thought
had been about the trucks coming back the way
they came in.
Mr. Gutshall discussed the
projects to visit on the road tour to include:
Farm to Market Road,
Kent’s
Gulch Road, the rock
production at the Road and Bridge pit, and the
work done to Blume Hill. Those present discussed
the issue with business signage off
Lannigan Road
as the sign can’t be in the right-of-way,
according to regulations of the International
Selkirk Loop.
Mr. Gutshall left the
meeting.
9:30 a.m., District Forest Ranger
Linda McFadddan joined the meeting to give
Commissioners an update of Forest Service
matters. Ms. McFaddan said there isn’t a lot of
information to provide right now. With the cool
weather the Birthday Fire was called officially
over this last Friday. The Forest Service is now
working on the East Fork Meadow Creek decision
and comments. Ms. McFaddan said she will brief
the Forest Supervisor on this and have the
paperwork signed. The Access Amendment is
supposed to be available by end of the month
after review by the Forest Supervisor’s Office,
according to Ms. McFaddan.
Ms. McFaddan said the
exciting news is that the local Collaborative
Forest Landscape Restoration (CFLR) proposal was
ranked #3 nationally and Commissioner Dinning,
Ms. McFaddan, and Patty Perry from the Kootenai
Tribe will meet to brainstorm. The proposed
dollars total 12 million over a 10 year period.
The Kootenai Valley Resource Initiative (KVRI)
subcommittee will work to prioritize projects.
$700,000 is the match for the first year,
according to Ms. McFaddan. The CFLR committee
will come up with funds, and the Forest Service
and KVRI will provide match, but that will have
to be figured out. The CFLR committee will look
at the various projects in the County and the
Secretary of Agriculture will give a
recommendation of what gets funded. Ms. McFaddan
said the proposal went in at #10 and the
committee felt good about that as that is the
funding cutoff point, but then to be #3 is a
very positive thing for funding. There will be a
lot of work for the committee if funding is
awarded, according to Ms. McFaddan.
Ms. McFaddan said the
Forest Service is just continuing with the
Leonia, East Fork Meadow Creek, and Twenty Mile
projects and going back to the KVRI subcommittee
to see where to go from there.
The meeting with Ms.
McFaddan ended at
9:33 a.m.
Commissioner Kirby moved to
approve the minutes of October 3 & 4, 2011,
October 17 & 18, 2011, and October 24 & 25,
2011. Commissioner Dinning second. Motion passed
unanimously.
9:40 a.m., Deputy Clerk Nancy Ryals
joined the meeting.
Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously.
9:45 a.m., Commissioner Dinning moved
to go out of closed session. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to approve the non-medical request for indigent
application #2012-2 and to pay $500 towards rent
with reimbursement to the County at $25 per
month beginning in January 2012 when the
applicant is working. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to write off $32,020.27 for indigent account
#2007-14 due to bankruptcy. Commissioner Kirby
second. Motion passed unanimously.
Deputy Clerk Nancy Ryals
left the meeting at
9:53 a.m.
Commissioners tended to
administrative duties.
9:55 a.m., Clerk Glenda Poston joined
the meeting to clarify matters involving
statistics for mental holds and other questions.
Those present questioned
how to employ Mike Woodward to engineer plans
for the Waterways
Building expansion project as Mr.
Woodward doesn’t have Error & Omissions (E & O)
insurance coverage. Commissioner Dinning said he
doesn’t recall ever asking the engineering
consultants if they have had E & O insurance as
a requirement. Commissioner Dinning explained
that E & O protects the individual doing the
work, but if they become a county employee, he
thinks the individual would become immune from
any sort of claim. Those present suggested
speaking to Darrell Kerby with Pace-Kerby
Insurance and County Attorney Phil Robinson.
10:10 a.m., Commissioners
spoke to Attorney Phil Robinson via telephone to
further clarify questions pertaining to Error
and Omissions insurance for Mike Woodward’s
participation in the Waterways Building
expansion. Attorney Robinson said if a person
carries E & O insurance that is fine, but if
they don’t, whoever is stamping the plans should
provide a letter of indemnity. Commissioner
Dinning said in this case the cost of E & O
insurance for Mr. Woodward would be more than
what he’s getting paid for this project.
Attorney Robinson said he would send the
verbiage on the hold harmless statement so if
there is an allegation, focus is on the actual
services rendered from specialized knowledge and
it tends to focus on that person’s work. Idaho
Counties Risk Management Program (ICMRP) will
still have to defend the County, but they will
look for secondary coverage. Chairman Smith read
Mr. Woodward’s correspondence to Attorney
Robinson. Commissioner Dinning said in this
case, if Mr. Woodward is an employee and there
is an error, then there is no accountability to
Mr. Woodward. Attorney Robinson said there would
only be a deposition taken and the focus will be
on the work. Commissioner Dinning said if Mr.
Woodward agreed to the hold harmless clause then
he is still liable for any error. If Mr.
Woodward is an employee,
Boundary
County is covering his work, but not
if he signs a hold harmless agreement. It was
said Mr. Woodward will be reimbursed for his
work through the grant.
The call to Attorney
Robinson ended at
10:18 a.m., and Clerk Poston left the
meeting.
Commissioner Kirby moved to
sign the letter of support for the Forest
Service’s Leonia Project Environmental
Assessment. Commissioner Dinning second. Motion
passed unanimously.
10:19 a.m., Courthouse Maintenance
man Jerry Kothe briefly joined the meeting.
Commissioner Dinning moved
to authorize the Chairman to sign the Boundary
Community Hospital Bylaws of the Board of
Trustees. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning moved
to sign the Personnel Reclassification Form for
the 4-H Program Coordinator Position.
Commissioner Kirby second. Motion passed
unanimously.
Commissioners tended to
administrative duties.
10:46 a.m., Assessor Dave Ryals
joined the meeting at Commissioners’ request to
answer questions pertaining to property values.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
Tuesday, November 1, 2011
at
9:00
a.m.,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
9:00 a.m., Solid Waste Superintendent
Claine Skeen gave the monthly departmental
report. Mr. Skeen submitted a written report to
Commissioners regarding recyclables. There was
an increase in tonnage partly due to lawn
clippings from the City of
Bonners Ferry. They last
weighed in July, August & September 2011.
Discussion was held regarding recyclables.
Commissioner Dinning stated that a citizen
inquired about pulling metal out of the metal
pile for personal use and he told the citizen to
speak to Mr. Skeen about it. Commissioner
Dinning commented recycling accounts for a huge
amount of tons per day. According to the report,
there was 7.6 tons per day on average recycled
in fiscal year 2010-2011; 4.5 tons recycled per
day on average in fiscal year 2009-2010; and 3.5
tons per day on average recycled in fiscal year
2008-2009. Mr. Skeen commented if you go back to
a few years before unmanned sites, even with our
recycling we would today be over 20 tons per
day. Mr. Skeen stated that they are going to do
a 60 to 90 day trial period with recycling
stations in the city limits. Currently 10 tons
of recyclables are hauled per week. Commissioner
Dinning asked if we sorted recyclables would we
get a better price. Mr. Skeen said if you baled
strictly cardboard, they would get $60 per ton.
They get $15 per ton for co-mingled recyclables.
Recyclables other than cardboard would bring the
same price whether co-mingled or not. Mr. Skeen
mentioned the Solid Waste Department is in the
process of renewing the contract with Waste
Management who purchased Spokane Recycling and
they are happy with the product the county is
sending. Mr. Skeen commented that the Solid
Waste Department is hoping to get rid of the
roll-off trailer and simply throw recyclables in
the containment area. Mr. Skeen said that the
recycling program in the City of
Bonners Ferry is a good
start. Mr. Skeen will have Mr. Frederickson
weigh the recyclables, which will be combined
with his current cardboard recycling route. You
can bail 600 pounds of aluminum in a bail. The
school recycles aluminum. Chairman Smith
commented when he goes to the school, he sees a
lot of water bottles in the trash and he thinks
those should be recycled. Commissioner Dinning
stated that at soccer games, there is a special
can for the recyclables. Chairman Smith informed
Mr. Skeen that he and Mr. Skeen should go speak
with the new Superintendent of Schools about the
importance of recycling. Chairman Smith stated
he thinks 99% of what the Courthouse generates
can be recycled. Chairman Smith asked if the
container out back of the courthouse can be used
for all recyclables and not just paper. Mr.
Skeen said yes, and the Solid Waste Department
can put a bigger container out back for
recyclables. Chairman Smith stated that he would
like to address that at the next elected
officials/department heads meeting.
Mr. Skeen left the meeting
at 9:21 a.m.
Restorium Administrator
Karlene Magee and Restorium Board Member Larry
Dirks met with Commissioners to give a
departmental report.
9:29 a.m., Commissioner
Dinning moved to go into executive session under
Idaho Code 67-2345(b) To consider the
evaluation, dismissal or disciplining of, or to
hear complaints or charges brought against, a
public officer, employee, staff member or
individual agent, or public school student.
Commissioner Kirby second. Commissioners voted
as follows:
Chairman Smith "yes", Commissioner Dinning "yes"
and Commissioner Kirby "yes". Motion passed
unanimously. 9:32 a.m., Commissioner Dinning moved to
go out of executive session. Commissioner Kirby
second. Commissioners
voted as follows: Chairman Smith "yes",
Commissioner Dinning "yes" and
Commissioner Kirby "yes". Motion passed
unanimously. No action was taken.
Chairman Smith inquired if
the Restorium has started receiving any letters
of support for the elevator project and Mr.
Dirks said he has received eight letters.
Chairman Smith stated the comments from the
letters will be inserted into the grant
paperwork. It was said the grant will provide
for an elevator to allow the residents at the
Restorium access to the lower level of the
Restorium for functions held there and to allow
easier access to the street and
Boundary
Community Hospital.
Those present reviewed
information pertaining to costs. Commissioner
Dinning asked if Mr. Dirks has asked for letters
of support from the Kootenai Tribe as that would
be helpful. Those present reviewed drawings of
the proposed elevator project. Those present
discussed the trees that will need to be removed
and Commissioner Dinning said the County could
probably have the trees removed by Road and
Bridge for free rather than pay $1,400 to have
someone else do it. Commissioner Dinning
commented the estimate came from the architect
and asked if anyone met with the architect to
see where some costs could be reduced.
Commissioner Dinning said he is not knocking the
process, he just knows there is always a process
where things can be reduced as it isn’t totally
necessary. It was said the elevator project
costs $193,000 to do all the work included. The
actual grant is approximately $113,000,
according to Chairman Smith. Commissioner
Dinning questioned who keeps the difference if
the County goes out for bids and gets a lesser
bid. Those present questioned the percentage
owed to Sewell and Associates.
9:53 a.m., Clerk Glenda Poston joined
the meeting.
Commissioners asked Ms.
Magee how many residents are at the Restorium
and Ms. Magee said the Restorium has 32
residents.
Commissioner Kirby said the
Panhandle Health District has expressed a desire
to pave the parking lot at a couple of their
facilities and they’ve said their facility
parking lot in
Boundary
County was in poor shape and needs
repaving. The Health District understands a
certain portion of the parking lot belongs to
the County for Restorium parking, but they would
like to just pave that area for the County as
well. Commissioner Kirby said the Health
District just hoped the Commissioners will give
a nod of thanks or remember the paving job when
it is budget time.
Ms. Magee and Mr. Dirks
left the meeting at
9:56 a.m.
9:56 a.m., Chief Probation Officer
Stacy Brown joined the meeting.
Commissioner Dinning moved
to amend today’s agenda for
10:30 a.m., to allow signing the
County’s Zone Map as it is a time sensitive
matter. Commissioner Kirby second. Motion passed
unanimously.
Ms. Brown said there are
eight juveniles at the Youth Accountability
Board, 61 adults on supervised probation, 45
juveniles on supervised probation and 302
unsupervised cases. Ms. Brown said she is
working on end of year reports for the Idaho
Department of Corrections. Ms. Brown said she
and Carolyn Peterson with the Idaho Department
of Juvenile Corrections worked together on a
three year plan and there will be a vote
tomorrow.
Ms. Brown said Alliance
Family Services is not working in
Boundary County
any longer. Sharon Burke with the Idaho
Department of Juvenile Corrections is working
with three people and training them for juvenile
substance abuse work and funding. Ms. Brown said
she is also working with the Department of
Health and Welfare to take care of access to
treatment recovery for adults.
Ms. Brown spoke of the
Idaho Department of Juvenile Defender system.
Ms. Brown said she is talking with Scott
Haverfield and Kerry Hong with the Idaho Supreme
Court to get the Idaho Statewide Trial Court
Automated Records Systems (ISTARS) computers for
her department for access to only the adult
misdemeanor program. Ms. Brown said the
Probation Department should be able to access
and input information having to do with adult
misdemeanor probation screens and Ms. Brown
added that she wants to make sure her department
wouldn’t have access anything else.
Bonner
County has the CMS System and ISTARS
pulls some of their information from CMS. Ms.
Brown said this system is free other than the
“log me in” portion unlike CMS. Clerk Poston
mentioned there are only so many ISTARS accesses
and her office has had to purchase over and
above that.
Ms. Brown said the County
can now charge $75 for probation related fees,
but Chairman Smith said he doesn’t think that
amount is being charged anywhere. There are also
fees for urine analysis and drug testing, and
some are saying the County can charge for those
tests while others say testing costs should be
included in the $75 fee. Chairman Smith said
when he comes back from his November meeting he
wants to come back with a definitive answer on
that. Ms. Brown said she understood that $75 was
the highest amount that could be charged, but
she had the fee at $50 and her probationers
couldn’t afford that plus pay for urine analysis
testing so she lowered the fee to $25 per month.
Ms. Brown said there are certain times her
department will charge for a urine analysis,
which is if the test comes back positive,
otherwise her department doesn’t charge if a
test comes back negative. Chairman Smith said he
is concerned if Ms. Brown is only charging $25
and the urine analysis fees are also supposed to
come out of that. Chairman Smith said
Ada County
has a contract for probation services and that
contract was up for renewal.
Ada
County had former Probation
Department employees that informed Commissioners
the Probation Department was overcharging
misdemeanor probationers, keeping people on
probation longer in order to collect more fees,
and charging for urine analysis tests in
addition to the fees. Ms. Brown said she’s been
working on policies and procedures and trying to
look for all probation laws and there are very
few that mention misdemeanor probation. Ms.
Brown said Idaho Counties Risk Management
Program (ICRMP) doesn’t have a policy on this
subject yet. Ms. Brown said this policy has to
be approved by Commissioners, but Kerry Hong
with the Idaho Supreme Court should review these
polices on an annual basis.
Ms. Brown left the meeting
at 10:20 a.m.
10:20 a.m., Mr. Falcon stopped by
Commissioners’ Office to update them on the
Enhanced
9-1-1 progress. Chairman Smith said
the County is three-tenths away from completing
a certain step. Mr. Falcon said after that
point, Crystal Denton at the Sheriff’s Office
will know the process.
Mr. Falcon left the meeting
at 10:25 a.m.
10:30 a.m., Planning and Zoning
Administrator Mike Weland joined the meeting to
have Commissioners sign the County Zoning Map.
The zone map goes along with the Ordinance and
it has already been adopted so it just needs
signed, according to Mr. Weland.
Commissioner Dinning moved
to sign the Boundary County Zone Map as it was
adopted through Ordinance 2012-1 adopting the
Zone Ordinance. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning said
should there be changes made to the map
Commissioners have to hold a public hearing. Mr.
Weland said that is correct.
The meeting ended and Mr.
Weland and Clerk Poston left the meeting at
10:40 p.m.
Commissioners recessed for
lunch at 11:00
a.m.
12:00 p.m., A road tour was conducted
of various Road and Bridge projects. Projects
included in the tour were: work to
Kent’s
Gulch Road consisting of
guardrails, widening the road, and correcting
drainage issues, ditches needed on
Moon Shadow Road, the
crusher at the #2 pit, the paving done to
Blume Hill Road,
drainage work on
Ridgewood Road, and
the current condition of
Fawn Lane, etc.
The road tour ended at 2:30 p.m.
There being no further
business, the meeting adjourned at
2:30 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy Clerk
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