| Commissioners minutes, March 12-13 |
| March 21, 2012 |
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***Monday, March 12, 2012, 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 until mid morning tending to personal matters.
Blue Sky Broadcasting News Reporter Mike Brown was in attendance at the meetings throughout the day.
Commissioner Kirby moved to appoint Commissioner Dan Dinning Acting Chairman in the absence of Chairman Ron Smith. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.
9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting. Mr. Gutshall presented a written report. Mr. Gutshall said Road and Bridge is working on a lot of right-of-way clearing and working to get the crusher ready. Break-up hasn’t been too bad as the weather has been accommodating, according to Mr. Gutshall.
Mr. Gutshall presented Commissioners with two agreements from the Idaho Transportation Department pertaining to engineering work for the West Side Road/Lion’s Den Road and Deep Creek repairs needed as a result of the heavy spring precipitation that occurred in year 2010. Mr. Gutshall said the estimate for Deep Creek Loop is $84,000 and an estimated $88,000 for the Westside Road.
Mr. Gutshall said he has word on the Forest Highway Project moving forward.
Commissioner Kirby moved to authorize the Chairman to sign Idaho Transportation Department Agreement #8041, Project #A012(933), Key #12933 for engineering services for the West Side Road/Lions Den Road. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the Idaho Transportation Department Agreement #8040, Project #A012(932), Key #12932 for engineering services for Old US-2/Deep Creek Loop. Commissioner Kirby yielded the chair to second. Motion passed unanimously.
Commissioner Dinning asked if the Farm to Market Road is done now. Mr. Gutshall said the gravel work is done now. Mr. Gutshall said he is looking at a lot of gravel reconstruction this year.
Mr. Gutshall left the meeting at 9:13 a.m.
Commissioners tended to administrative duties.
9:45 a.m., Chairman Ron Smith, Clerk Glenda Poston, and Court Clerk Supervisor Rose Sprungl joined the meeting to discuss funding the court assistance position.
Chairman Smith said Kootenai County will pick up the salary for the court assistance representative and District 1 counties will be responsible for this position’s travel and office space, etc. It was said under the new agreement there will be more expenses. Commissioner Dinning said supposedly $16,000 will cover all benefits. Clerk Poston said insurance costs are still undetermined as the amount changes if the person who fills the position is single or married, etc. Clerk Poston said Boundary County does need court assistance personnel, but it would be more equitable if the fee was based on population rather than census of usage.
Clerk Poston said District 1 is looking at a five way split rather than usage and as it stands the cost to the counties in District 1 is as follows: $10,000 for Kootenai County, $5,000 for Bonner County, $2,500 for Boundary County, and $1,500 to Benewah and Shoshone Counties. Those costs would change based on the benefit package. Clerk Poston said she would contact Trial Court Administrator Karlene Behringer about the support for having this position, but she will encourage establishing the District 1 fees based on population. The cost to District 1 counties based on population is as follows: $13,000 to Kootenai County, $4,100 to Bonner County, 2,500 to Boundary County, $950 for Benewah County, and $1,300 for Shoshone County. Clerk Poston said each county has to provide their own office space for the court assistance position.
Court Clerk Supervisor Rose Sprungl asked about usage as she has heard Benewah County stated they had never seen the person who last filled the position and they felt they weren’t getting their money’s worth so usage may not be an accurate account. Clerk Poston said Kootenai County they will go out for requests for proposals for a specific amount of pay and the benefit package is included in that. Boundary County needs to contribute as well. Clerk Poston said she would contact Ms. Behringer and stress the fee based on population rather than usage.
The meeting with Clerk Poston and Court Clerk Supervisor Rose Sprungl ended at 10:00 a.m. Clerk Poston remained in the meeting.
Commissioner Dinning moved to approve the minutes of February 27 & 28, 2012. Commissioner Kirby second. Motion passed unanimously.
10:05 a.m., Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Dinning moved to deny indigent application #2011-52 as the patient qualifies for Medicaid as of July 1, 2011. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left at 10:10 a.m.
Commissioners tended to administrative duties.
Clerk Poston left the meeting.
Commissioner Dinning moved support the recommendation of the Boundary/Smith Creek Management Executive Committee to appoint Chris Amoth, Kennon McClintock, Alan Rose, and Jerry Garten to this committee. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties.
Commissioner Dinning moved to add the Resource Advisory Committee /Twenty Mile Documents to the agenda for 10:30 a.m., as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously.
10:30 a.m., Commissioner Dinning moved to authorize the Chairman to sign the Idaho Panhandle National Forest, Forest Service, Resource Advisory Council (RAC) project proposal for facilitation and technical assistance funding of $20,000 for the Twenty Mile Creek WUI/KVRI Landscape Approach and other associated projects with the Collaborative Forest Landscape Restoration Project (CFLRP). Commissioner Kirby second. Motion passed unanimously.
Clerk Glenda Poston joined the meeting.
Commissioners contacted Attorney Phil Robinson via telephone for the following executive session.
10:30 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. 11:05 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.
Attorney Robinson remained on the telephone for the meeting with Bruce and Karen Martins.
County residents Bruce and Karen Martins joined the meeting at Commissioners’ request to discuss the National Defense Authorization Act. Chairman Smith informed the Martin’s that Attorney Robinson was on speaker phone. It was said Bonner County has adopted a resolution on this matter. Chairman Smith said Commissioners have talked to County Attorney Phil Robinson about subject and thought it would be good to find out how to address the Martin’s concerns.
Ms. Martins read aloud her statements on this matter to Commissioners and referred to information she has received. Ms. Martins said she had hoped Boundary County would look into State Bill 1866, Sections 1021 and 1022. Ms. Martins said she heard this topic brought up on the radio about the resolution adopted by Bonner County, which would supposedly exempt Bonner County from this act. Ms. Martins said State Bill #1867 was a bad bill in their opinion. Ms. Martins referred to letters Lee Haarstick had written.
Mr. Martins presented Commissioners with written information to include a copy of a letter written by Lee Haarstick, a response from Senator Crapo to Mr. Haarstick, an article from the Huntington News, an article from the Human Rights Watch dated December 15, 2011, and information from Justia.com.
Mr. Martins said as a concerned citizen he’s hoping a resolution will be adopted by Boundary County as he became concerned when he heard about State Bill #1867. Mr. Martins read paragraph 1 of the Huntington News article and said within this act, habeas corpus has been suspended. Mr. Martins mentioned Amendment 6 and 7 of the Constitution where citizens of the United States have the right to a speedy trial and witnesses, and under Chapter 7, we have a right to trial by jury, but when this law was passed it took away habeas corpus and Amendments 6 and 7. It was said there already is a law under treason. If someone does something against the United States, there is already a law. Mr. Martins said just this morning Eric Holder with the Department of Justice gave the President approval to arrest American citizens anywhere in the world outside the United States without giving the person time for a trial or anything to say before a judge. Mr. Martins said from the Whistle Blower, Rand Paul was talking about this issue and said there are already laws on the books that determine who could be a terrorist.
Attorney Robinson said he had no idea the resolution the Martins mentioned was prepared in Bonner County until he heard it on the radio. Attorney Robinson said the resolution was done through Bonner County’s legal department, but he wasn’t involved. Attorney Robinson said the one thing he is concerned about is that the resolution itself appears to be drafted by some group other than local officials and sent over as a boiler plate. Attorney Robinson said he, as Boundary County’s attorney, would discourage politicizing this with references that President Obama did this and that.
It was said Senator Crapo had proposed another language for this bill that did not survive the conference committee. Attorney Robinson said he is not certain about the resolution and where it is going and that he is concerned that the Bonner County resolution somehow involves the Sheriff directly and the legal department by reference. The concern is people may unrealistically think that local law enforcement agencies are going to do something they’re going to do. Attorney Robinson said this is politically over-toned and that is fine, but it may be unfair to our citizens to think that by passing a resolution we have become a second level heathen for civil liberties and our prosecutor will be standing guard to intervene if something ever occurs. Attorney Robinson said he wouldn’t want counties to create a false impression that a phone call to the sheriff or prosecutor will result in physical intervention. Initially the arrest by federal agents often time is pre-warrant or pre-indictment and we have no idea what they are, according to Attorney Robinson.
Chairman Smith referred to the resolution adopted by Bonner County. It was said the drafting of language in the final draft leaves a legitimate concern of how someone may use that legislation. Attorney Robinson said he would never write a resolution like this for Boundary County Commissioners unless they directed him to. Attorney Robinson said he would not draw attention that this was President Obama’s fault as it was Congress that passed this. Attorney Robinson said he would draft a resolution for Commissioners to review.
Chairman Smith said whether there is a resolution or not, he thinks Commissioners should make some kind of statement. Commissioner Dinning said we’re not going to let someone come in and step on our citizens. Commissioner Dinning said when he takes an oath, he is going to defend his citizens against what this bill says can happen. Commissioner Dinning said if in fact legislation does what is being contended, we need to act with the Congressional delegation to change it, not by resolution but by letters of concern and go forward that way rather than a statement that they don’t like it. Chairman Smith said we need to let the public know so they don’t think the County is not doing anything.
Ms Martins said she thought about the Randy Weaver incident and the federal agents coming in, and of how quickly the federal government jumped on the grizzly bear killing. Commissioner Dinning clarified the grizzly bear information for Ms. Martins.
Mr. Martins said getting back to the National Defense Authorization Act, Senator Risch and Senator Crapo and 13 others did not vote for this bill. Mr. Martins said he is concerned about seeing a storm brewing that will sweep the nation as it always starts small and if you’re not paying attention, things happen.
Commissioner Dinning asked the Martins what they hope Commissioners will accomplish. Mr. Martins said he doesn’t know what to put together to accomplish protection for citizens. Mr. Martins said as someone who follows the laws, he wishes to be a good citizen and inform the people by noticing this. Commissioner Dinning questioned if there has been contact with Senator Jim Risch or Representative Raul Labrador about this.
Ms. Martins questioned if Idaho had exempted itself from the Obama health care and if Idaho could do the same for this. Chairman Smith said if Idaho had the ability to withdraw, it already would have. Ms. Martins thanks Commissioners and Attorney Robinson for their time.
Chairman Smith said the only people who have approached Commissioners about this are the Martins and the same thing on the grizzly bear in that someone from the public came in and told Commissioners about it. These are discussions that Commissioners need to have.
The meeting with the Martins and Clerk Poston ended at 11:45 a.m.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $49,010.39 Road & Bridge 139,923.76 Airport 4,321.64 District Court 7,565.48 Justice Fund 74,134.97 911 Funds 592.98 Indigent & Charity 45,235.43 Parks and Recreation 4,079.77 Revaluation 989.07 Solid Waste 46,063.99 Tort 1,000.00 Veterans Memorial 228.91 Weeds 1,824.64 Restorium 40,093.07 Waterways 246.41 Grant, Airport 6,277.76 Grant, Boat Safety 54.80 Grant, Fire Mitigation 14,508.71
TOTAL $436,151.78 Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2011).
Commissioner Dinning moved to extend time to pay year 2011 taxes for parcel MH01700000008TA until April 9, 2012. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to grant an extension of time to pay year 2008 taxes for parcel #RP60N01W244050A until June 1, 2012. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to cancel year 2011 taxes totaling $8.68, fees totaling $131.48, $1.40 in penalty and $10 in costs for a total of $151.56 for parcel #MH61N01E31120BA due to hardship. Commissioner Kirby second. Motion passed unanimously.
Commissioner Dinning moved to grant an extension of time to pay taxes for year 2011 for parcel #MH62N03E22481AA until June 20, 2012. Commissioner Kirby second. Motion passed unanimously.
There being no further business, the meeting recessed until tomorrow at 1:30 p.m.
***Tuesday, March 13, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
Commissioners did not meet until the afternoon session at 1:30 p.m.
Commissioner Kirby moved to authorize the Chairman to sign the letter to the Forest Service Supervisor requesting a 45 day extension of time to comment on the Proposed Draft Forest Management Plan. Commissioner Dinning second. Motion passed unanimously.
2:00 p.m., Treasurer Jenny Fessler joined the meeting.
Commissioners held a tax deed hearing for delinquent 2008 taxes. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Treasurer Jenny Fessler, and Deputy Clerk Michelle Rohrwasser. The hearing was recorded.
Commissioner Dinning said Treasurer Fessler has presented a list dated March 13, 2012, of properties to be tax deeded and these properties have met the criteria to be tax deeded.
Commissioner Dinning moved to tax deed the following properties: (1) RP62N02E117350A in the name of Brad K. Andersen and Lori Andersen at 241 Reiters View Rd., Marion, KY 42064; (2) RP62N03E273620A in the name of Donald E. Deluca and Mary E. Deluca at P.O. Box 483, Nine Mile Falls, WA 99026; (3) RP60N02W211790A in the name of Coulter Francis at 1020 Kirkham Road, Cave Junction, OR 97523; (4) RP60N02W211795A in the name of Coulter Francis at 1020 Kirkham Road, Cave Junction, OR 97523; (5) RP62N02E055570A in the name of Michael R. McClaskey at P.O. Box 911, Bonners Ferry, ID 83805; (6) RP001350000060A in the name of Charles R. Spence and Corinne D. Spence at 2910 Cliff Drive, Newport Beach, CA 92663; and (7) RP60N02W217660A in the name of Jon A Williams and Rita F. Williams at 1621 S. Tuxedo Avenue, Stockton, CA 95204-4948. Commissioner Kirby second. Motion passed unanimously.
The tax deed hearing ended at 2:05 p.m.
Clerk Glenda Poston joined the meeting at 2:05 p.m.
Treasurer Fessler left the meeting at 2:10 p.m.
Clerk Poston and Commissioners briefly discussed Secure Rural Schools funding.
Clerk Poston left the meeting.
Commissioners tended to administrative duties.
3:00 p.m., Commissioners participated in the Idaho Association of Counties, District 1 Legislative conference call with Assessor Dave Ryals, Treasurer Jenny Fessler, elected officials from Benewah County, Bonner County, Kootenai County, and Shoshone County, and Seth Grigg with the Idaho Association of Counties. Those present reviewed legislation contained in the Idaho Association of Counties Legislative Bulletin #7 dated March 9, 2012.
The call ended at 3:30 p.m.
3:30 p.m., There being no further business, the meeting adjourned at 3:30 p.m.
/s/ RONALD R. SMITH, Chairman
ATTEST:
/s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Clerk |