Commissioners minutes, October 31-November 1

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