County Commission minutes, November 7-8

Monday, November 07, 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., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give a departmental report. Mr. Gutshall did not present a written report. 

Mr. Gutshall said Road and Bridge has placed gravel on Kent’s Gulch Road so in total this road has received gravel, interception drainage, rock lined ditches, guardrails, and widening, etc. Mr. Gutshall said this week is a short week due to Veteran’s Day, but on Thursday Road and Bridge is working with Cabinet Mountain Water on a hump on Paradise Valley Hill. Cabinet Mountain Water will provide all materials and Mr. Gutshall said he would provide some rock. Mr. Gutshall said the work is to try to prevent heaving in the spring. Mr. Gutshall said rumor is that the Idaho Transportation Department won’t be plowing at night this winter, but he isn’t sure how that can happen on the State highway.

Chairman Smith spoke of a petition going around in his neighborhood that talks about snow berms that get built up in the neighborhood in addition to lack of street lights that were to be placed once the area was annexed into the City limits. Chairman Smith said people wanted these issues to be addressed prior to any additional areas being annexed. Mr. Gutshall said he doesn’t know how the City deals with the snow especially in the South Hill neighborhoods as there is no place to put the snow as they plow. Mr. Gutshall spoke of the equipment used to plow snow and how the condition of the snow can make it more difficult to work with.

Mr. Gutshall spoke of screening sand next week for sanding the roads this winter and he added that he feels Road and Bridge is ready for winter. Mr. Gutshall said Road and Bridge will have a night shift during winter regardless of what the State does. Mr. Gutshall said he heard the State actually said they would not have a night shift due to the cost of additional snow plow graders. Mr. Gutshall said for the past several years the State had two full time night employees that would plow the highways. Chairman Smith asked about the school busses as they need to travel the State highways.

Mr. Gutshall said the State will have their winter informational meeting this Thursday at the Visitor’s Center about this winter’s maintenance schedule.

The Road and Bridge Department report meeting ended at 9:20 a.m.

Commissioner Dinning moved to approve the minutes of October 31 and November 1, 2011. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

9:30 a.m., Commissioners held a public hearing on the proposed abandonment of Hewitt Road. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Road and Bridge Superintendent Jeff Gutshall, Ray Chaffee and Larry Hosterman with the Curley Creek Water Association, and Blue Sky Broadcasting Reporter Mike Brown. The hearing was recorded.

Chairman Smith said Commissioners adopted Resolution #2011-46 declaring their intent to abandon Hewitt Road, formerly known as County Road #73-B. Chairman Smith read Resolution #2011-46 aloud. Chairman Smith said it was Mark and Delia Owens’ request to abandon this road. When Mr. Owens met with Commissioners it was explained to Commissioners no one else owned property along Hewitt Road and Hewitt Road only served the Owens. Chairman Smith said because the request was made he was hoping the Owens would be present just in case there had been any questions. Chairman Smith opened the hearing to public comments.

Larry Hosterman said he is on the Curley Creek Water Association Board and the Water Association has their secondary well house at the end of Hewitt Road approximately 150 feet to the left where Hewitt Road terminates. There is a shallow well and a backup well in that location. The Water Association needs 24 hour unimpeded access to the well house, according to Mr. Hosterman. That well access is needed in case of fire or if there is a problem with the power to the other well so if access to Hewitt Road is closed there would be problems. Mr. Hosterman spoke of questioning the need to plow as it is a 1,500 foot road. Chairman Smith said for clarification that Curley Creek Water Association has access to Hewitt Road as this point in time.

Jay Chaffee said he is the Operator for the Curley Creek Water Association, and he said Road and Bridge has plowed the road, but not every snowfall. Mr. Chaffee said the Water Association does have legal access to the terminus of Hewitt Road and the concern is to continue to maintain a right-of-way for access to Perkins Lake Road. Road and Bridge has plowed to the turnaround, according to Mr. Chaffee. It was said if the County were to abandon Hewitt Road, Curley Creek Water Association would lose legal access and Mr. Chaffee and Mr. Hosterman said yes. Chairman Smith said if the County abandons the road the Water Association would lose legal access.

Mr. Gutshall said the request for abandoning Hewitt Road came up during discussions with Mr. Owens’ property surveyor. Chairman Smith said if Hewitt Road is abandoned, the Water Association no longer has access. It was mentioned that Mr. Owens is also on the Curley Creek Water Association Board, but has not mentioned his request to abandon Hewitt Road to the Board.

Commissioner Dinning made a motion to deny the request to abandon Hewitt Road, formerly County Road #73-B as it will create an adverse impact on safety and impact the residents served by Curley Creek Water Association. Commissioner Kirby second. Motion passed unanimously.

The public hearing ended at 9:46 a.m.

Commissioners tended to administrative duties.

Commissioner Dinning temporarily left the meeting to tend to another matter.

10:15 a.m., Deputy Clerk Nancy Ryals joined the meeting. 

10:20 a.m., Commissioner Kirby moved to go into closed session under Idaho Code #31-874. Chairman Smith yielded the chair to second. Motion passed unanimously. 10:21 a.m., Commissioner Kirby moved to go out of closed session. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to request a minimum of 30% of federal and state tax refunds each year with a review for possible monthly reimbursement to be held in one year. The family is required to submit a copy of their federal and state income tax returns to the county assistance office no later than April 15^th each year they file returns. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to write off indigent account #2006-37 in the amount of $1,950.00 as the client is deceased and left no estate. Chairman Smith yielded the chair to second. Motion passed unanimously.

Deputy Clerk Nancy Ryals left the meeting at 10:25 a.m.

Treasurer Jenny Fessler and Clerk Glenda Poston joined the meeting.

Commissioner Dinning returned to the meeting.

Commissioner Dinning moved to cancel fees totaling $111.48 for year 2011 for parcel #RPB0240010001BA since the Assessor’s Office has deemed this property uninhabitable and the solid waste fee was charged in error. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to cancel fees totaling $131.48 for year 2011 for parcel #RP64N01E067210A as the home is uninhabitable. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to cancel taxes in the amount of $15.90 and fees in the amount of $113.48 for a total of $129.38 for year 2011 for parcel #MHB006000E005TA as the property owner is deceased. Commissioner Kirby second. Motion passed unanimously.    

Treasurer Fessler left the meeting.

10:35 a.m., Sheriff’s Office Administrative Deputy Crystal Denton joined the meeting to update Commissioners on the E911 progress. Chairman Smith said Commissioners spoke to County GIS Mapper Gary Falcon about his portion of the E911 system and at this point the County is at 97.7% in regards to matching information with Frontier Communications. Ms. Denton said the numbers Mr. Falcon is working on would put the county at 98%, but there are other numbers that Mr. Falcon is trying to get. Commissioner Dinning said once the county gets to 98%, Frontier Communications will send the County a contract to sign and at that point the process falls on Frontier Communications again. It is the hope to go live by the end of year or the beginning of January as Frontier is doing something internal with their phone numbers. If Frontier isn’t ready by that time, the County could not go live until March or April 2012. Ms. Denton said Frontier Communications will not provide her with the contract until the County is at 98%. Ms. Denton said the County’s equipment is ready to go.

Commissioners mentioned Idaho’s E911 Coordinator Eddie Goldsmith and Ms. Denton said Mr. Goldsmith was able to obtain grant funds for going enhanced after all. Chairman Smith asked once the County gets to a 98% match rate with Frontier Communications, when does the county work toward going enhanced? Ms. Denton said almost immediately on Frontiers’ end. From the time the contract is signed to the time the County is enhanced is all in Frontier Communication’s court, according to Ms. Denton. Chairman Smith asked what will be gained by going enhanced and Ms. Denton said enhanced E911 will provide name, address, and phone number. Currently the County only has access to phone numbers and sometimes the name.

Commissioner Dinning said after the first of the year if everything functions, the County will have enhanced 911 and Ms. Denton said yes. Ms. Denton said in order to obtain the caller’s address for 911, it is a combination of having enhanced 911 and a mapping system that is different from the map Mr. Falcon currently has. Ms. Denton said the County still won’t be able to locate cell phones via GPS after going enhanced as that capability comes in a separate phase. Ms. Denton said the County has to have more cell towers for Global Positioning System (GPS) abilities. Three towers are needed for GPS and the County has only one tower. Commissioner Kirby questioned track phones and cell phone cards and Ms. Denton said that issue is in legislation where the companies that offer those local services will have to pay a fee. Commissioner Kirby questioned only having a cell phone when dialing 911 as far as determining a location of the caller and Ms. Denton said the system will pinpoint which tower the 911 call is coming from to determine the location is in Bonners Ferry, but nothing more specific than that.

The meeting with Ms. Denton and Clerk Poston ended.

11:00 a.m., Boundary Economic Development Specialist Mike Sloan joined the meeting.

Mr. Sloan said as part of the Historical Society Board, they’ve made great strides, but if something financially isn’t done in a year, the museum will have to close. Mr. Sloan said the County does fund a certain portion of the museum budget and he has put together a rough draft of current expenses for the Museum/Historical Society that he said is not inflated in any way. Mr. Sloan said the museum has one employee at minimum wage and the rest are volunteers. Mr. Sloan said he is coming to Commissioners for ideas on how to avert this situation as the museum is a credit to the County.

Mr. Sloan said he’s spoken to Darrel Kerby with Pace Kerby Insurance who suggested talking to Sandy Ashworth at the Library about combining the museum with the Library District. Mr. Sloan said Ms. Ashworth didn’t think there was a way to combine the two organizations. Mr. Sloan said Ms. Ashworth reviewed Idaho Code and she was under the impression a museum district wasn’t even allowed to be formed. Mr. Sloan said Idaho Code didn’t address the museum district as being allowed. Chairman Smith said Clerk Poston was researching Idaho Code and at this point she couldn’t see where a levy limit was even mentioned.

Mr. Sloan said the Smithsonian Exhibit is coming to Bonners Ferry for the second year and no other community has had that exhibit more than once in a 10 year period. Mr. Sloan said he is thinking about raising money for promotions and advertising to entice people to come through the museum. Mr. Sloan said the museum could probably operate as is for another year. Chairman Smith said if nothing speaks to forming a district in Idaho Code, then there is no way the County can even go to the people as the process is not there.

Chairman Smith said the payroll wages and workers compensation budget for the Historical Society/Museum is $18,000, but the total income is only $17,000 so he doesn’t know how the museum has survived. Mr. Sloan said the museum has been using the endowment, but has been putting those funds back into the building. Commissioner Dinning asked about the value of the buildings. Mr. Sloan said off the top of his head, the Shelman’s are asking $295,000 for their building so between the two buildings, which are in relatively in good shape, the value is probably $400,000 to $450,000. Mr. Sloan mentioned it may be hard to sell those buildings as they are too large and deep. Commissioner Dinning questioned if there has been any talk about selling the building and have the Historical Society lease the building for the museum. Mr. Sloan said that is a possibility, but that is just putting off the inevitable and adding rent on top of it. Mr. Sloan said he is just coming to Commissioners for ideas and he realizes the constraints. Chairman Smith asked how much the dues are and Mr. Sloan said $25 per year.

Commissioner Dinning said he is torn as it becomes what is the real priority for budgets. Commissioner Dinning said the question is…is creating jobs a higher priority than a museum and that is the internal discussion Commissioners end up with. It becomes a prioritization and the whole country is dealing with this, according to Commissioner Dinning. Mr. Sloan said you see so many museums that have only displays and not the archiving like this museum has. Chairman Smith reviewed the budget for the Historical Society and said there should be $3,000 in memberships. Mr. Sloan said membership takes recruiting and effort to get that amount. Mr. Sloan said as far as he knows that amount for the last five years has been $13,000. Chairman Smith explained the overall levy amount and said if one levy is increased another levy has to decrease due to the levy limit. Chairman Smith said he doesn’t want to see the museum go under as too much good has been done, but what is it that can be done. Commissioner Dinning said Commissioners are faced with this type of dilemma every year.

Mr. Sloan left the meeting at 11:20 a.m.

11:20 a.m., Boundary County Park and Recreation Department Activities Director, Annie Tompkins joined the meeting to discuss sports related waivers. Ms. Tompkins discussed a customer agreement for online sports registration. Commissioner Dinning said he thought the County had something in place for online payments through the Assessor’s Office or Treasurer’s Office. Ms. Tompkins said she is able to accept payments, organize teams, and find coaches by going online to this website. Commissioners spoke of the fees for this service and that $3 of the total registration fee is extracted for the online service. Ms. Tompkins said participants can still sign up and pay in person as well. Commissioner Dinning asked if all the information inserted online becomes accessible to the general public. Ms. Tompkins said all sports schedules will be online. There are privacy provisions as well and only the phone numbers of the coaches will be listed. Commissioner Dinning said Ms. Tompkins should be sure of what this privacy statement in the agreement says so the County knows what information is public and what information is private.

Chairman Smith said when the County enters into an agreement, Commissioners or just the Chairman signs the agreement and he asked if the form could be amended to add another signature line.

Commissioner Dinning moved to approve signing the agreement with Sportsites Inc., pending approval of the County Civil Attorney and after checking into matters of privacy. Commissioner Kirby second. Motion passed unanimously.

Ms. Tompkins said since the Park and Recreation Department took over basketball and games aren’t going to be played on Boundary County property, the Park and Recreation Department wanted to make sure the County is covered by a waiver agreement as games will be held at the school. Chairman Smith said this is probably something to talk to Darrell Kerby of Pace Kerby Insurance about. Chairman Smith explained that the Park and Recreation is covered by ICRMP as well as the City, County, and schools so he thinks it will be a simple matter. Chairman Smith said Commissioners will speak to Mr. Kerby. Ms. Tompkins said the waiver is pretty self explanatory. Ms. Tompkins said Mr. Kerby gave her a volunteer release of liability form. Commissioner Dinning said the County is only liable to the extent the County is negligent. Chairman Smith said his thinking is if something happened at the school, the insurance is all in one pocket.

The meeting ended at 11:44 a.m.

Commissioner Dinning moved to sign the nomination form for the Catastrophic Health (CAT) Board nominating Commissioner Walt Kirby. Commissioner Kirby second. Motion passed unanimously.  

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

Tuesday, November 08, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.  Clerk Glenda Poston joined the meeting.

Commissioner Dinning moved to appoint Linda Lederhos to the Fair Board filling the vacancy due to Dan Kerstien’s resignation. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to adopt Resolution #2012-3. A resolution increasing the Restorium Fund budget

RESOLUTION 2012-3

INCREASING THE RESTORIUM FUND BUDGET

DUE TO RECEIPT OF UNANTICIPATED REVENUE

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Restorium for fiscal year 2011-2012, and

                WHEREAS, unanticipated funds have been received from the Friends of the Restorium in the amount of $8,350.00 and from Judith Lyle in the amount of $230.00 as donations towards the cost of an elevator for the Restorium, and

                WHEREAS, the Boundary County Restorium Fund is in need of additional revenue for fiscal year 2011-2012, and

                WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and

                WHEREAS, it is appropriate to increase the Boundary County Restorium Budget Revenue Account Number 36-00-0346-0000 and the Restorium Budget Expense Account Number 36-00-558-00, Reserve, in the amount of $8,580.00.

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

                IT IS RESOLVED, that the increase to the Boundary County Restorium Budget Revenue Account Number 36-00-0346-0000 and the Restorium Budget Expense Account Number 36-00-558-00, Reserve, in the amount of $8,580.00 is hereby authorized and ordered, and

                IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

                DATED this 8^th day of November, 2011

                                                                                                COUNTY OF BOUNDARY               

                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                s/_______________________________

                                                                                RONALD R. SMITH, Chairman

                                                                                s/_______________________________

                                                                                                DAN R. DINNING, Commissioner

                                                                                                s/_______________________________

                                                                                                WALT KIRBY, Commissioner

ATTEST:

s/__________________________________

GLENDA POSTON

Clerk of the Board of County Commissioners

Recorded as instrument #252352

County resident Dan Meeker, Road and Bridge Superintendent Jeff Gutshall, and County Mapper Tom Ulappa joined the meeting.

Commissioner Dinning said County records show that Lyle and Rosemary Unruh donated the land from each side of Lannigan Road. Mr. Meeker said it really isn’t off of each side as the road travels down the middle of E.L. Automation’s property. Chairman Smith clarified that documents he was looking at is a right-of-way from the Unruh’s to the County. Chairman Smith said Commissioners are waiting for Attorney Phil Robinson’s comments as he doesn’t know how the road will revert back to Mr. Meeker. Mr. Gutshall said he thinks with transportation easements, sometimes it says the property is to be used for a road and if it is not used for that, the property defaults back. Chairman Smith relayed what he understood the abandonment to mean.

City of Bonners Ferry resident Jerry Higgs joined the meeting at 9:44 a.m.

Commissioner Dinning said this was a right-of-way deed so this property was actually deeded to the County as being granted, bargained, sold, and conveyed so the County owns the land. It was said the County doesn’t have to give the property back to anyone and can choose what to do with it because the County owns it. Commissioner Dinning said the County has to be careful to provide access to those landowners who currently have access to the north and south. Commissioner Dinning said he understands the County can sell or deed the land back and retain an easement for a County road. Mr. Ulappa asked if the property would have to be sold at public auction. Mr. Meeker said Mr. Wieble uses Lannigan Road for hauling hay out of his pasture. E.L. Automation and the Gomez’ also use the road, according to Mr. Meeker.

Mr. Ulappa left the meeting.

9:53 a.m., Commissioners spoke to Attorney Phil Robinson via telephone. Commissioners explained that Lannigan Road, as it stands, was given to the County by Lyle and Rosemary Unruh in year 1975 for the sum of $500. Originally, the Meeker family owned it and Mr. Meeker has inquired how to get the road back. It was said the issue is there is a business, E.L. Automation, to the left of Lannigan Road and another property owner to the right of this road and some people are saying the description of the road has nothing to do with the business, but does involve the Weible family. The question is how Mr. Meeker can get this land back so his wife can put her business sign up.

It was said there is a right-of-way deed and the land belongs to the County and other than the residents living on either side of this road, who else would be harmed for access or usage if they had to cease using that land. Mr. Meeker said Mr. Gomez would eventually use this road to get to the highway as well as Mr. Regehr and E.L. Automation. Attorney Robinson asked how wide or big the right-of-way is. Mr. Gutshall said it is a 60 foot right-of-way. Attorney Robinson asked how much of that is used as road bed and Mr. Gutshall said probably half of that. Attorney Robinson asked Mr. Gutshall what category this road is in. Mr. Gutshall said the County’s Road Standards call for a 60 foot right-of-way. Chairman Smith said the road is 230.9 feet long. Attorney Robinson said the International Selkirk Loop wants there to be ownership attached to the property if there is to be signage. Mr. Gutshall suggested deeding Lannigan Road back for a transportation easement with County ability to have a 60 foot easement for utilities. If the County conveyed a 60 foot strip back to Mr. Meeker and the County was granted an easement for a public road, utilities, etc., then it is still not known if this solution would work with the International Selkirk Loop’s regulations. Attorney Robinson said the County can divest of ownership to where Mr. Meeker has ownership and the County has a public easement and wouldn’t lose anything other than ownership. It was said the question is if anything is accomplished by doing this. Mr. Gutshall said if utilities already exist, that may stop the abandonment. Commissioners suggested Mr. Meeker contact the person at the International Selkirk Loop that he has already been in contact with to find out what their requirements are.

The telephone call to Attorney Robinson ended.

The portion of the meeting to discuss Lannigan Road ended at 10:15 a.m., and Mr. Meeker left the meeting.

Commissioners tended to administrative duties.

Clerk Poston left the meeting.

10:30 a.m., Bob Hobbs and John Meadows joined the meeting to discuss motorized boat engines on Boundary County lakes. Boundary County Park and Recreation Director Annie Tompkins and Attorney Phil Robinson also joined the meeting.

Chairman Smith said the main concern is motorized engines on the lakes and if using the term “public lakes” in the Ordinance will accomplish what needs to be accomplished. Chairman Smith said the question is in regards to the tributaries and Chairman Smith said the Kootenai River was excluded from the Ordinance, but there are areas where you enter into the Kootenai River. Mr. Meadows said you can’t drive a boat into any of the local lakes from the Kootenai River. Attorney Robinson said people boat up Deep Creek quite a ways to go fishing and it takes a motor to do it. Attorney Robinson said if the term is “public lake” that would take care of the concern and Mr. Meadows said yes. Public lakes would exclude tributaries going out. Commissioner Dinning said the County also needs to exclude McArthur Lake. Mr. Meadows said McArthur Lake is a refuge that is covered by the State. Attorney Robinson said he could draft verbiage on the usage of motorized boats on lakes, but he wanted to be sure he is not creating a violation for something with legitimate use.

Mr. Meadows and Mr. Hobbs left the meeting at 10:50 a.m.

Chairman Smith introduced Annie Tompkins to Attorney Robinson as being from the Park and Recreation Department. Ms. Tompkins said an agreement has been drafted for a website called Sportsites where people can set up teams and people can register online to participate in sports. Ms. Tompkins presented the Sportsites Contract for Attorney Robinson for review and explained the agreement states there is a $3 fee taken from each online registration fee for the company. There is also a credit card fee, according to Ms. Tompkins. Ms. Tompkins further explained the contract can be canceled anytime and the fees go to the people who register online not the County.   

10:51 a.m., Clerk Glenda Poston returned to the meeting.

Attorney Robinson explained a similar process for registering for sports in Bonner County. Chairman Smith said the County’s activities fall under Idaho Counties Risk Management Program (ICRMP), but when County Park and Recreation Department sports are played at one of the schools, he assumes that coverage is still under ICRMP. Attorney Robinson was asked if there is a need for a waiver agreement and he said yes as ICRMP requires a waiver. Commissioner Dinning said he assumes ICRMP has already reviewed the waiver and Ms. Tompkins said she had assumed they already had as well. Attorney Robinson said the agreement looks fine. Chairman Smith signed the agreement as the motion to sign after the Attorney’s review and approval was made yesterday.

The meeting with Ms. Tompkins ended at 10:55 a.m.

Those present discussed amending the County’s Dog Ordinance. Attorney Robinson said if the matter is just procedural that can be amended with the Sheriff’s input and agreement. Chairman Smith said one chapter of the Ordinance discusses having a collar and tag on a dog, but the County does not issue dog licenses. Chairman Smith provided Attorney Robinson with a copy of the State Ordinance and a copy of the County Dog Ordinance in order to draft a new County ordinance.

Jerry Higgs said the Sheriff had to issue a warning to a keeper of dogs in the City. Three City drug dogs got lose from where they were being taken care of by Tiffany and Kevin Murray and the dogs had acted aggressively. Mr. Higgs said the Chief of Police had suppressed an investigation of that incident because if he had taken statements and had evidence in hand on the vicious dogs, then there goes all that money invested in a law enforcement drug dog. The dog later got lose again and attacked another dog that was being walked by an 80 year old woman who sustained an injury. Mr. Higgs said he again got stonewalling and cover ups. Mr. Higgs said he has made so many waves about these incidents because he got no response and that is when the Sheriff got involved. Mr. Higgs said the Sheriff sent a letter of warning to the Murray’s, but he isn’t sure what prompted that, whether it was the County Ordinance or there being a conflict of interest for City law enforcement. Attorney Robinson said you can’t enforce a County ordinance within the City, so he’s guessing the Sheriff utilized the State Code to issue the notice as State Code is applicable anywhere. Mr. Higgs said he raised enough noise about this that Chief Allen from the Coeur d’ Alene Tribe, who provides the dog training, brought the dog back for retraining. Chairman Smith said he didn’t understand why the Sheriff issued the warning and Attorney Robinson said it was probably because of the ownership conflict.

11:10 a.m., The meeting to discuss drafting a new dog ordinance ended and Mr. Higgs left the meeting.

Commissioner Dinning moved to cancel fees for year 2011 totaling $111.48 for parcel #RP62N03E270600A due to error. Commissioner Kirby second. Motion passed unanimously. 

11:10 a.m., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated, but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 12:30 p.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

There being no further business, the meeting adjourned at 12:30 p.m.

                                                            /s/

                                                            RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk