Monday, January 30, 2012, 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 the departmental report. Mr. Gutshall did not submit a written report.

Commissioner Dinning moved to reaffirm the approval of Commissioners’ minutes for the weeks of November 14 & 15, 2011, November 21 & 22, 2011, and November 28 & 29, 2011. Commissioner Kirby second. Motion passed unanimously.  

Mr. Gutshall said his employees attended the first of three Idaho Counties Risk Management Plan (ICRMP) tailgate meetings. Mr. Gutshall said he combined this meeting with the timing of the Mining Safety Health Administration (MSHA) safety training so he has certification for that now. Mr. Gutshall said he will hold another ICRMP tailgate meeting next Thursday. Mr. Gutshall said other than that, Road and Bridge has been sanding, blading, and dealing with the slush.

Mr. Gutshall informed Commissioners that he would like to continue the motion to go out to bid or accept a piggyback bid for asphalt petroleum products until tomorrow.

Commissioners and Mr. Gutshall discussed the Bonner County Public Works Agreement pertaining to maintenance of the Upper Pack River Road. Chairman Smith said the cost billed to Boundary County had increased by approximately $75 so he wanted to check with Mr. Gutshall about that. Mr. Gutshall said that amount is per the contract agreement. Mr. Gutshall said he has had various citizen complaints as to how Bonner County maintains the Upper Pack River Road once they cross into Boundary County. Commissioners and Mr. Gutshall discussed the cost to rebuild the County’s one mile section of the Upper Pack River Road. A total rebuild for one mile could cost $400,000. Mr. Gutshall said pavement itself for one mile is approximately $120,000, but he knows the road needs more than just pavement. Commissioners asked Mr. Gutshall to forward the agreement to Clerk Poston for payment.

Chairman Smith presented the proposed deed for the City of Bonners Ferry’s Deep Creek waterline project. Commissioner Dinning said he just wants to make sure the legal description is correct before signing the deed.

Mr. Gutshall informed Commissioners that the Secure Rural Schools payment should be coming soon. 

Commissioner Dinning moved to continue the discussion and motion to go out for bid or to accept a piggyback bid for asphalt petroleum products until tomorrow at 9:00 a.m. Commissioner Kirby second. Motion passed unanimously.

Mr. Gutshall left the meeting at 9:13 a.m.

Commissioner Dinning moved to approve the minutes of January 16 & 17, 2012. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve the minutes of January 23 & 24, 2012 with the addition of the recording instrument number for Ordinance 2012-02. Commissioner Kirby second. Motion passed unanimously.

Clerk Glenda Poston, Chief Deputy Clerk Tracie Isaac, and Deputy Clerk Chris Peterson joined the meeting at 9:30 a.m.

Chairman Smith informed Commissioners that every probation department has to have a policy manual. Chief Probation Officer Stacy Brown has drafted a manual for her department that requires Commissioners’ signature. This is a policy for the probation department to use and is separate from the County’s Personnel Policy.

Commissioner Kirby moved to adopt the Boundary County Community Justice Policy Manual. Commissioner Dinning second. Motion passed unanimously. 

Chief Deputy Clerk Tracie Isaac said the Sick Leave Bank Committee met and have voted Chris Peterson as Chairman of the sick leave bank. A couple people asked if retiring county employees could donate their sick leave hours to the bank. Chief Deputy Clerk Tracie Isaac said she checked with Attorney Robinson who informed her it could be a dangerous practice unless restrictions are placed. Chief Deputy Clerk Tracie Isaac said she contacted Bonner County to find out they do allow the donations, but it is a case by case basis that Commissioners will either approve or deny. Chairman Smith said he doesn’t see a problem with donating up to one week’s worth of hours. Commissioner Kirby said he could see setting a limit of donated hours. Chief Deputy Clerk Tracie Isaac said sick leave has no limit on hours carried forward unlike vacation time and compensatory time. Commissioner Dinning asked if there had been discussion as to how many hours should be held in the bank. Deputy Clerk Chris Peterson said no, but the talk had been about donating half of an employee’s hours. Deputy Clerk Chris Peterson said 40 hours sounded fine to her. Chief Deputy Clerk Tracie Isaac said the sick leave bank was established in year 2004, currently there are 5,274 hours in the bank and only approximately 500 hours have been used since year 2004. Deputy Clerk Chris Peterson said there are a couple employees that want to contribute their sick leave hours when they retire.

Commissioner Dinning moved to allow a retiring employee to donate up to 40 hours to the County’s sick leave bank. Commissioner Kirby second. Motion passed unanimously.  

Chairman Smith questioned how to determine the appropriate retirement age such as 62 years of age or the County’s rule of 80 or 90.

Commissioner Dinning moved to amend his prior motion to state a retiring employee who’s age is 62 or who has met the rule of 80 or 90 will be allowed to donate up to 40 hours to the County’s sick leave bank and if that age changes, this policy will adjust with that change. Commissioner Kirby second. Motion passed unanimously.

Chief Deputy Clerk Tracie Isaac and Deputy Clerk Chris Peterson left the meeting at 9:45 a.m.

Clerk Poston said the NACo prescription drug card is out in the community and nothing has changed with the program. NACo has renewed their policy with Caremark and there is a change in NACo’s agreement concerning one dollar, but Clerk Poston said she would like to leave the County’s agreement as it currently stands so the dollar still goes to the consumer. Clerk Poston informed Commissioners that 52 prescriptions were utilized last month and $1,700 was saved. Clerk Poston said she would like the County’s position to stay status quo so no action is needed.

Restorium Board member Dick Hollenbeck joined the meeting at 9:55 a.m.

Mr. Hollenbeck asked if he could be a liaison between Restorium Board Chairman Larry Dirks and the Board. Mr. Hollenbeck informed Commissioners of a possible new board member, which would make the number of members an even number. Mr. Hollenbeck said he would like to stay involved and Commissioner Kirby said what Mr. Hollenbeck would do for Mr. Dirks is thankful. Mr. Hollenbeck said he will get in touch with Mr. Dirks to have a letter of recommendation written for Commissioners.

Mr. Hollenbeck and Clerk Poston left the meeting.

Deputy Clerk Nancy Ryals joined the meeting.

10:05 a.m., moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 10:10 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve indigent application #2012-8. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve the notice of suspension for assistance for indigent application #2012-8. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to review indigent application #2011-13 in July 2012 for possible monthly reimbursement. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to review indigent application #2011-2 in September 2012 for possible reimbursement. Commissioner Kirby second. Motion passed unanimously.  

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

Commissioner Dinning moved to reappoint Michael Listman to the Boundary County Translator Board with a term to expire March 31, 2015. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to reappoint Barry Coleman to the Boundary County Translator Board with a term to expire March 31, 2015. Commissioner Kirby second. Motion passed unanimously. 

Commissioner Dinning moved to reappoint Peach Baker to the Restorium Board with a term to expire January 31, 2015. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to suspend Dick Hollenbeck’s reappoint to the Restorium Board due to the understanding Jeannie Robinson may possibly replace him. Commissioner Kirby second. Motion passed unanimously.  

Commissioners tended to administrative duties.

Treasurer Jenny Fessler joined the meeting at 10:35 a.m.

Commissioner Dinning moved to extend the time to pay the first half of year 2011 taxes until February 7, 2012 and the second half of year 2011 taxes until February 27, 2012 for parcel #MH60N01E07615BA. Commissioner Kirby second. Motion passed unanimously.     

Commissioner Dinning moved to grant an extension of time to pay year 2011 taxes for parcel #PP63N01E235401A until June 20, 2012. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to cancel costs totaling $350 for parcel #RPB0360005005BA if the year 2008 taxes are paid by February 3, 2012. Commissioner Kirby second. Motion passed unanimously.

Treasurer Fessler left the meeting at 10:40 a.m.

Commissioner Dinning moved to sign the Idaho Department of Lands Memorandum of Understanding for hazardous fuels treatment for a grant amount not to exceed $107,000. Commissioner Kirby second. Motion passed unanimously.

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

Tuesday, January 31, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. Commissioner Dan Dinning was out of the office tending to other matters.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting.

Commissioner Kirby moved to amend the agenda for 9:30 a.m., in order to sign a letter of support for the Senior Hospitality’s efforts to obtain a grant as it is a time sensitive matter. Chairman Smith yielded the chair to second. Motion passed unanimously. 

Mr. Gutshall met with Commissioners to discuss bid details for asphalt petroleum products for road maintenance. Mr. Gutshall said this year’s bid will be a normal bid like any other year and it’s for asphalt used to chip seal. Two companies, Idaho Asphalt and Western Materials, typically bid on this, according to Mr. Gutshall. This year Idaho Asphalt approached the Highway District in the Coeur d’ Alene area and offered them a chance to piggyback immediately on last year’s bid. Mr. Gutshall said he looked at those bids and the oil is the same used on highways so he cannot participate in that bid unless he wants to change his oil, which he does not. Mr. Gutshall said he was offered an opportunity to piggyback on the same bid he used last year and it would be using the right oil. Mr. Gutshall said because the product CMS-2P has more diesel content it costs more and since last year’s piggy back was on Bingham County’s bid, he can only offer a certain amount for the oil. Mr. Gutshall said he contacted Western Materials about the bid and if they have a piggyback bid that was lower, and they will let him know. Mr. Gutshall said there is chance these two companies will compete, but he wanted to get Commissioners’ opinion on whether or not to wait to bid. It’s possible the County could save $20,000 or could possibly pay $10,000 depending on what oil prices do. Mr. Gutshall said if he takes a piggyback bid, he’s locked in at that price, but if he goes out to bid, he’s taking a chance with what’s reported in the news with the price of oil.

Commissioners talked about the varying costs of materials. Mr. Gutshall said Bonner County is waiting until March to go out to bid, but he thinks it is best not to wait. Chairman Smith said the County could go out to bid and deny the bids that come in if needed.

Commissioner Kirby moved to go out to bid for 2012 preventative maintenance on roads and highways, asphalt petroleum products. Chairman Smith yielded the chair to second. Motion passed unanimously.      

Commissioners and Mr. Gutshall discussed Secure Rural Schools funding and what could happen to his budget if it’s not reauthorized. Mr. Gutshall said Road and Bridge could lose two mechanics and four operators and he wouldn’t be able to fund a portion of the GIS program. Mr. Gutshall listed which operating costs he could not change such as heating and communication costs and which items he would reduce.

Assessor Dave Ryals joined the meeting.

Those present discussed if the loss of Secure Rural Schools would affect the decision to seek a cost of living increase. Chairman Smith said speaking for himself he thinks a cost of living increase should be sought for the employees. Mr. Gutshall said he agrees as well. If layoffs occurred, it would be a temporary thing, according to Chairman Smith.  Mr. Gutshall spoke of Road and Bridge machinery that is paid off and he said his budget is in good shape for that. Assessor Ryals said everyone this year will find out the Making Work Pay credit is gone. That is an $800 credit that couples won’t get this year. Each person will give up $400 in their tax return and that is going to hurt, according to Assessor Ryals.

Mr. Gutshall and Assessor Ryals left the meeting at 9:40 a.m.

Commissioner Kirby moved to sign the letter of support for the Senior Hospitality Center for their efforts to secure a grant. Chairman Smith yielded the chair to second. Motion passed unanimously.

10:00 a.m., Commissioners held a public hearing on Planning and Zoning Application #12-001, a subdivision by Applicant Larry and Martha McNutt. Present were: Chairman Ron Smith, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Mike Weland, and Applicants Larry McNutt and Martha McNutt. The hearing was recorded.

Chairman Smith briefly reviewed the public hearing procedures. No member cited a conflict of interest. Chairman Smith opened the hearing to public testimony and asked the applicant to give an opening statement.

Mr. McNutt said when he received the rezone for this property he wanted to create four lots along the highway. Mr. McNutt said the highway side of the property is zoned commercial and he would build the homes on the back side of the property, which is zoned residential. Mr. McNutt said he would just be continuing with that plan. Mr. McNutt said he understands he has some requirements to meet for the Idaho Transportation Department (ITD) as the project progresses. Mr. McNutt said the property has been used for commercial purposes, so he has to obtain another permit from ITD. Mr. McNutt said he has his equipment on the property and if his application is approved, he will rough in the roads. Commissioners asked for the location and Mr. McNutt said the property is located off Bent Twig Road off of Highway 2.

Chairman Smith said there are some comments from County GIS Mapper Gary Falcon as to road name designation and Mr. McNutt said he also has a copy. Chairman Smith said the ITD conditions will be included in the motion if the application is approved as well as the road name issues.

Chairman Smith requested the staff report. Mr. Weland said except for ITD and Mr. Falcon, there has been no public comment. Mr. Weland said ITD’s requirements and Mr. Falcon’s letter can be addressed as conditions for approval if Commissioners choose. Chairman Smith said this application is for a short plat so it didn’t go before the Planning and Zoning Commission and Mr. Weland said that was correct.

No one from the public was present to speak in favor, uncommitted, or against the application. Commissioners closed the hearing to public comment.

Chairman Smith said Commissioners could make a motion to approve the application if Mr. McNutt resolves the issues with ITD and Mr. Falcon. Mr. Weland said those conditions could be resolved as the project progresses. Chairman Smith said if the application is approved, Mr. Weland will prepare the Findings and Decision based on the conditions.

Commissioner Kirby moved to approve Planning and Zoning Application #12-001, a subdivision requested by Larry and Martha McNutt, based on the conditions of compliance with the Idaho Transportation Department and the County’s GIS requirements. Chairman Smith yielded the chair to second. Motion passed unanimously.

The hearing for Planning and Zoning Application #12-001 ended at 10:10 a.m.

Commissioners tended to administrative duties.

10:25 a.m., County resident Lee Pinkerton stopped by Commissioners Office and Chairman Smith updated him on the County’s progress in the Caribou critical habitat issue. Mr. Pinkerton left the meeting.

There being no further business, the meeting adjourned at 10:55 a.m.

                                                /s/

                                                RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA Poston, Clerk

By: Michelle Rohrwasser, Deputy