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***Monday,
August 20, 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 Department
Superintendent Jeff Gutshall joined the meeting
to give the departmental report. Mr. Gutshall
presented a written report.
Boundary County Emergency
Services Director Dave Kramer and Incident
Commander Bob Graham joined the meeting.
Mr. Gutshall said today is
the last day for seal coating. Road and Bridge
will begin sweeping the chips off Highland Flats
Road, Farm to Market
Road
and Copeland Road.
Mr. Gutshall spoke of work
to clear sediment from the boat launches and
Chairman Smith questioned if the water is lower
yet. Commissioner Dinning said it would be great
if the docks could be cleared prior to Labor
Day.
Mr. Gutshall discussed
various matters and said the Boundary Area
Transportation Team (BATT) meeting is this week
and the discussion on the bypass will start at 2:00 p.m.
The problem with the
Cabinet Mountain Water Association waterline is
ongoing at the intersection of
Blue Sky Road and
Shamrock Road as this
area needs to be excavated to fix the waterline.
Representatives of Cabinet Mountain Water
Association said their waterline doesn’t leak in
this spot, but their engineers think the
waterline might not be bedded properly so water
is pooling there and causing problems. Mr.
Gutshall said it got late in the season to deal
with this issue and he still thought there was a
project, but this season Cabinet Mountain’s
board didn’t seem to be interested in it. Mr.
Gutshall said he wrote a letter to Cabinet
Mountain Water Association and had Attorney
Robinson review it beforehand. Mr. Gutshall said
Cabinet
Mountain’s contactor indicated the
problem could be that the bedding was in gravel.
Mr. Gutshall spoke of
grading and ditching issues for
Black Mountain Road
and Paradise Valley Hill as raised by Jim
Dahlberg. Mr. Gutshall said the ditching on
Paradise Valley Hill is something Road and
Bridge had kept their eyes on and the ditches
had been cleaned up a few tines. This is a
shallow ditch and the phone lines are there. Mr.
Gutshall said he thinks he has another solution
to dig the shoulder out.
Mr. Gutshall said the
preliminary engineering has been done to repair
the Lion’s Den Road
and Deep Creek Loop slides. These were two
emergency projects, according to Mr. Gutshall.
Mr. Gutshall said he took a
look at the level of
Black Mountain Road.
Mr. Gutshall mentioned dust abatement applied to
this road and he said the road is a little flat.
Commissioner Kirby spoke of
a recent accident involving a hay truck pulling
out of the Three Mile parking lot to head south
on the highway and the driver of a vehicle
heading north clipped the back end of the hay
truck. Commissioner Kirby mentioned the issue of
the speed limit being 60 miles per hour in that
area.
Mr. Gutshall left the
meeting.
Mr. Graham said there are
big problems with the dikes and levees up north
and they’re taking bigger hits since the water
has been decreasing. Mr. Graham said some of the
issues identified by the U.S. Army Corps of
Engineer’s survey crew are that most of those
areas have gotten worse since the water level
has decreased. Mr. Graham said he spoke to the
Corps and asked them to bring their survey crew
back to prioritize which areas are worse, but he
doesn’t think the County will get assistance
since the river is below flood stage. Charlie
Comer with the Corps will come over sometime
this week to look at problems from the river,
according to Mr. Graham. The farmers really want
something done.
Mr. Graham said local
officials had planned on meeting with new Bureau
of Homeland Security Colonel Brad Richy.
Chairman Smith said the only thing the County
needs help with is seepage because of the
rivers’ water level. Chairman Smith said he
doesn’t think any work done to the dikes would
have any affect on seepage. Mr. Graham said the
local farmers would like the County to make
another approach to lowering flood stage, but he
didn’t think it would work as the County may
have lost support from some people.
Elk Mountain
Farms, the Kootenai Tribe of
Idaho
and the City of Bonners
Ferry had dropped out of
seeking to lower flood stage so the National
Weather Service out of
Spokane
also dropped the issue.
Mr. Graham said the County
needs to contact its congressional
representatives as they have been in contact
with Seattle Office Corps of Engineers about our
County’s problems. If the County wants to get
action going to show the community we’re making
an effort to follow up on this year’s problems,
then the congressional representatives need to
know what the problems are. In addition, the
County needs to make sure the Colonel knows we
are taking these steps. The Colonel doesn’t have
the authority or money to help with dikes unless
the congressional delegates give him authority
to do that.
It was said the easements
made after the late 1970’s are flow easements to
compensate farmers for areas of agriculture
between the river and the dikes. The easements
need to be identified to see where they are and
the County needs to know which areas accepted
the money for these easements.
Commissioner Dinning
mentioned he thought there was only a specific
period of time to get involved. Commissioner
Dinning questioned if what Mr. Graham is
suggesting is anything between the field toe of
the dike and the river, the County would need to
get reauthorization from Congressional delegates
to allow the Corps to buy easements again. Mr.
Graham said no, once it has been identified that
problems had been created on the dike, the Corps
will then have authority to repair the dike.
Commissioner Dinning said the only person he
knows of that could have issues is Bill Michalk.
Commissioner Dinning said the Fodge property
doesn’t have a dike nor does the Nims property.
Commissioner Dinning
questioned if the County wants to have the Corps
come in and if possible, have them buy new
easements the full length. Mr. Graham said the
only way that would help, if it’s even possible,
is where there is significant farm land between
the dike and river and there isn’t much of that.
It was said if the County
can get flowage easements the whole length of
the river, then the issue could be addressed.
Those present reviewed an aerial map of the dike
issues.
Mr. Graham said the County
needs to find where flow easements exist and
then have the Congressional delegates come to
look over the problem areas to see if they have
a chance of allowing the Corps of Engineers to
work on other areas. Chairman Smith suggested
sending a letter to congressional staff asking
them to visit the County as well as sending a
copy to the Colonel.
Commissioner Dinning
suggested taking a look at the historic capacity
of the dam. Mr. Graham said he feels the levels
were underestimated. Mr. Graham explained the
water used at the dam for power. Authorization
for the dam is for power and flood control.
Water consisted of 48,000 feet being spilled and
25,000 feet goes through the generator. It was
said the maximum spill for sturgeon was 11,000
and Mr. Kramer said that can cause problems for
the fish. The water that is used to generate
power flows through the generators and down the
Kootenai
River, but the water that is spilled
does not generate power. Mr. Graham said the
representatives for Libby Dam resist spilling
water. The 25,000 feet of water used for power
doesn’t affect Bonners Ferry much, but 25,000
feet plus the spill is too much.
Commissioner Dinning said
he would find out when the congressional
delegate representatives will be here. Mr.
Graham said it wouldn’t hurt to also invite the
Colonel.
Mr. Kramer said the Bureau
of Homeland Security Application for Assistance
for the 2012 Emergency Management Performance
Grant is in and needs to be signed by Chairman
Smith. This grant is for a total of $13,095.71,
according to Mr. Kramer.
Commissioner Kirby moved to
authorize the Chairman to sign the 2012 EMPG
Grant Application for Assistance and any future
related documents. Commissioner Dinning second.
Motion passed unanimously.
Mr. Kramer said
Commissioners already signed the grant
application for the Bureau of Homeland Security
Pre-Disaster Mitigation Grant and he would like
to start preparing a request for proposals to
solicit contractors for the purpose of updating
the plan.
Commissioner Dinning
questioned how to find out what funds are
available for flowage easements.
The meeting with Mr. Kramer
and Mr. Graham ended.
10:05
a.m., Deputy Clerk Nancy Ryals joined
the meeting.
Commissioners and Deputy
Clerk Ryals discussed various indigent matters.
10:10
a.m., Commissioner Dinning moved to
go into closed session under Idaho Code #31-874.
Commissioner Kirby second. Motion passed
unanimously. 10:15 a.m., Commissioner Dinning moved to go
out of closed session. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to accept assignments to the Catastrophic Health
Care Program as follows: 10.62% on indigent
account #2012-8, 59.54% on indigent account
#2012-15, 8.49% on indigent account #2010-42,
and 43.76% on indigent account #2012-16.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Dinning moved
to approve indigent application #2011-3 and
indigent application #2012-28 as per the Clerk’s
recommendation. Commissioner Kirby second.
Motion passed unanimously.
Deputy Clerk Ryals left the
meeting at 10:20
a.m.
Commissioner Kirby moved to
approve the minutes of July 30 & 31, 2012,
August 6 & 7, 2012, and August 13 & 14, 2012.
Commissioner Dinning second. Motion passed
unanimously.
Commissioners tended to
administrative duties until the next appointment
scheduled at 11:30 a.m.
11:30 a.m., Boundary Community
Hospital CEO/CFO Craig Johnson and Hospital
Board of Trustees Chairman Elden Koon joined the
meeting to update Commissioners on Hospital
matters.
Mr. Johnson presented
Commissioners with the Hospital’s annual audit.
Through July 2012, the Hospital is barely in the
black financially and has been able to keep
current on accounts payable, but just barely,
according to Mr. Johnson. Chairman Smith asked
how many patients are in the extended care
facility (ECF). Mr. Johnson said there are 26
people in the ECF, which has a capacity for 28.
Mr. Johnson said the license capacity has been
reduced as there is a penalty for a low
occupancy rate and the facility has to be at
least 28% occupied. Mr. Johnson said the
Hospital has created more single bed rooms.
Chairman Smith said even with the economy people
still need facilities like the ECF. Mr. Johnson
said there is still a need, but families have
been taking care of their relatives at home.
Mr. Johnson said a problem
with home care programs can be “out of sight,
out of mind” and he explained that personal care
programs had a provider agreement in which the
Department of Health and Welfare didn’t know
where the elderly were located and no one wants
them put at risk.
Mr. Johnson said he is
working with Kootenai Health to bring more
specialists to this community to include a
cardiologist; ear, nose and throat specialist;
and a neurologist. Sandpoint Women’s Health
comes up once per week as well, according to Mr.
Johnson.
Mr. Johnson said the
Hospital is still working on Building C, which
is the building behind the Hospital. Mr. Johnson
mentioned the need is to look at what is behind
the dirt that is banked up against the building
because he’s worried there is just visqueen and
it may be rotted. Commissioner Kirby said he
spoke to Mr. Gutshall about it, but Mr. Gutshall
said he wouldn’t be able to take a look at it
for another three weeks. Commissioner Kirby said
it has also been said the landfill has the right
size of equipment needed to do the work. Mr.
Johnson said Hospital Chief Operating Officer
Jeffrey Perkins is the contact person for this
work. Once the bushes are pulled out, Mr.
Johnson said he can see what there is to work
with. Mr. Johnson said there is a spot where all
of the dirt can be placed. Commissioner Dinning
suggested digging a small area with a shovel to
see what condition the building is in. It was
said the building should be wrapped with Tyvec.
Mr. Johnson said Dr.
Schneider is working out very well.
The meeting with Mr.
Johnson and Mr. Koon ended at
11:55 a.m.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
August 21, 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., Commissioners held an
elected officials/department heads meeting.
Present were: Solid Waste Superintendent Claine
Skeen, Assessor Dave Ryals, Restorium
Administrator Karlene Magee, Treasurer Jenny
Fessler, Chief Probation Officer Stacy Brown,
Prosecutor’s Office Manager Tammie Goggia, Chief
Deputy Clerk Tracie Isaac, Extension Office
Educator Jennifer Jensen, County Noxious Weeds
Superintendent Duke Guthrie, and Road and Bridge
Superintendent Jeff Gutshall
Chairman Smith discussed
what condition recycled materials brought in
have been in. Mr. Skeen said items don’t have to
be run through the dishwasher and can be just
rinsed out. Ms. Goggia said she noticed there
weren’t any recycle receptacles at the fair.
Commissioner Dinning asked
Ms. Jensen to contact local farmers to find out
crop damage information.
Chairman Smith said he
believes the County budgets have been completed.
The budget hearing has been advertised in the
newspaper so at this point the budget’s bottom
line cannot be increased. There has been a 3%
cost of living increase in the proposed budget,
but the budget is not official.
Chairman Smith said he had
seen people at the Armory power washing their
parking lot and then sealcoating it and he asked
what was decided for the Courthouse parking lot.
Mr. Gutshall and Commissioner Dinning both said
that work has been put on hold for one year as
the budget for Road and Bridge is tight. Mr.
Gutshall said this project was approximately
$5,000, which also included striping and other
markings. Mr. Gutshall said Road and Bridge is
working on a lot of projects in phases and doing
the worst areas first.
The elected
officials/department heads meeting ended at
9:20 a.m.
Commissioners tended to
administrative duties.
10:00 a.m., Sheriff’s Office
Administrative Deputy Crystal Denton and County
GIS Mapper Gary Falcon joined the meeting to
discuss the status of 911 services. State of
Idaho 911 Coordinator
Eddie Goldsmith participated in the meeting via
telephone.
Chairman Smith brought
those present up to speed on 911 capabilities in
relation to providing information to BullBerry
Incyte Dispatch Services. Chairman Smith said
Commissioners had found out the information
needed had already been provided to BullBerry by
Mr. Falcon. This system will allow information
from Mr. Falcon’s computer to be sent directly
to the Sheriff’s Office so the information will
be up to date.
10:05
a.m., Leonard Wilson and Matt Corwin
with Computer Arts joined the meeting.
Ms. Denton asked where the
line would run into because there would be an
issue if the line ran to her server. It was said
there could be free flow of information coming
into the Sheriff’s Office. A firewall for the
Sheriff’s Office is needed and the system would
have to meet State and all security guidelines,
according to Mr. Wilson. To meet security
guidelines only the firewall to the Sheriff’s
Office is needed. Ms. Denton said if that is the
case, running the line would be perfectly fine.
Mr. Falcon said Ms. Denton could have live data
layers on the mapping system so it wouldn’t have
to be sent back and forth. Mr. Falcon said
currently his information is being shared with
the County so he doesn’t need a firewall.
Mr. Goldsmith said there is
$12,000 or so remaining in the fund, but any
amount over $12,235 he would not be able to
cover. The amount of the yearly maintenance fee
is $3,600 and that is included. It was said
$1,600 could also removed from the Global Area
Network (GAN). Mr. Wilson said a firewall will
cost $1,300, two fiber converters will cost $500
each and the cost of running fiber between the
two buildings could cost $1,500 so he is
estimating a total of $5,000 to $6,000. Mr.
Wilson said he doesn’t know what the licensing
costs would be for mapping. Commissioner Dinning
asked if there are maintenance costs associated
with this system and Mr. Falcon said maybe for
the firewall. Mr. Wilson said he would be able
to furnish a cost estimate tomorrow.
Ms. Denton asked if the
estimate could be sent on the GAN request. Mr.
Goldsmith said he would cut a check and send it.
Mr. Falcon asked about
getting a license to train on the software.
Bonner County
has BullBerry software as well and they use
their GIS mapper so Computer Arts may want to
try out this software on his computer first so
they know if it works before putting it on the
Sheriff’s Office system. Ms. Denton said she
would look into that today.
The meeting with Mr.
Falcon, Mr. Goldsmith and Ms. Denton ended at
10:15 a.m.
Commissioners tended to
administrative duties.
10:30 a.m., Deputy Clerk Nancy Ryals
joined the meeting for the purpose of
participating in an indigent appeal hearing.
Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously.
10:35 a.m., Commissioner Dinning
moved to go out of closed session. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Dinning moved
to deny on appeal indigent application #2012-22
as the appellant and applicant failed to appear.
Commissioner Kirby second. Motion passed
unanimously.
Commissioners
recessed for lunch at 10:50 a.m.
1:30 p.m., Commissioners reconvened
for the afternoon session with Chairman Ron
Smith, Commissioner Dan Dinning and Deputy Clerk
Michelle Rohrwasser. Commissioner Walt Kirby was
out of the office for the afternoon tending to
personal matters.
1:30 p.m., County residents
Ken Lustig and Elaine Duncan and Planning and
Zoning Administrator Dan Studer joined the
meeting to discuss matters relating to the
Planning and Zoning application to rezone
properties near the Moyie River.
Mr. Lustig presented
Commissioners with the June 2012 public hearing
minutes from the rezone of lots near the
Moyie River
and he said he is hoping to clarify some
misinformation and make Commissioners aware of
things they might not have been aware of.
Mr. Lustig said he has
nothing against people splitting land and the
suburban aspect of things and he purposely
bought his property hoping the zoning would stay
the way it was. Mr. Lustig said he is not trying
to prevent other people from doing things with
their land, but he wants to preserve his
property.
Mr. Lustig mentioned the
statement made in the minutes that leach fields
would be in a different zone, which would make
the permitting process difficult and he said
that is not true. Mr. Lustig said zoning has
nothing to do with septic issues and it is just
an environmental type of issue. Commissioner
Dinning said the comment made about leach fields
was made by Mr. Villelli. Mr. Lustig read from
this letter concerning rezoning parcels along
the Moyie
River and he said there was no
notice for the public hearing posted as he was
told there would be although he knows it is not
against the law.
Chairman Smith asked if the
notice requirements are the same for the
County
Commissioners’ public hearing as
they are for Planning and Zoning Commission
hearings. Mr. Studer said this process took
place during the interim so he might not have
known to post the notices. Mr. Lustig said he
walks along this property and he didn’t see
anything posted.
It was said notice had not
been received and Commissioners’ decision was
based on some erroneous information. Mr. Lustig
mentioned the application to rezone west of the
Moyie from agriculture to suburban per the
Comprehensive Plan. The Planning and Zoning
Commission denied the application based on the
testimony he thought had to do with road access,
but County
Commissioners
approved the application saying that the entire
area had County road frontage. Mr. Lustig said
the County has never maintained the road beyond
the Villelli property. Mr. Lustig said the
Duncan’s moved to this
area in year 2009 and contributed to rocking the
area.
Mr. Lustig mentioned
finding a right-of-way deed, instrument #15708,
and he mentioned the road is not a Forest
Service road. The land was deeded to the County
in year 1927 as a private road to where the
Duncan’s now live and
this is past the area where the County provides
maintenance. Mr. Lustig said from Mr. Villelli’s
dad’s property at #384 to where the
Duncan’s live now has
never been maintained for the last two decades.
The deed shows a 24 foot easement purchased for
one dollar. Mr. Lustig said after the County
easement ends it becomes an all weather road
that crosses Buzzard Creek.
Mr. Lustig said he had
questions of concern. The document shows a 25
foot clearly substandard road that is required
for local access roads and it hasn’t been
maintained by the County for the last 20 years.
Chairman Smith said the County doesn’t have 25
foot roads. It was said this road must have been
adopted as a County road prior to the current
road standards. Mr. Lustig said this road is a
County road according to his friend who happens
to be a lawyer. Chairman Smith said he is having
a tough time with all of this being brought up.
It was said Commissioners held a public hearing
and voted on this, but don’t know if their vote
would have been the same had this information
come out.
Mr. Lustig said he has
personally invested approximately $4,000 in this
strip of road as he had been the only person
living there and his concern has always been to
solve some of these access issues. When the
County proposed the suburban zone for that area
Mr. Lustig said he wondered who owned the road
and who would maintain it if the area is zoned
suburban, but no one answered.
Mr. Lustig said another
point of his is if the Comprehensive Plan
requires a developer for land as a suburban zone
requires upgrades to a road for fire protection,
etc, so unless the County encroaches on his
land, how will the County road expand from 25
feet to 60 feet. Mr. Lustig said if that happens
then he is in violation of the law for setbacks
for drain fields.
Chairman Smith said there
are other roads that do not fit the County’s
standards. The only way the County can take over
maintenance of a road is if it’s brought up to
County standards.
Chairman Smith said he has
a tough time with this conversation because the
Planning and Zoning Commission had unanimously
recommended denial of this application because
of information they received at their public
hearing, which is information not received for
the Commissioners’ public hearing. Mr. Lustig
said he had his written items as questions and
his thought was when Commissioners held their
hearing he would bring up his questions.
Chairman Smith said but Mr. Lustig didn’t have a
chance to do that.
Ms. Duncan spoke of Mr.
Villelli’s road.
Mr. Lustig said his feeling
is that the County’s rezone is against the
Ordinance and County Road Standards because if
suburban zoning is allowed to happen on
substandard roads even though they are existing,
it doesn’t address safety. A 24 foot road can’t
service this zone even though it already exists.
Mr. Lustig said another
question pertains to the inadequate nature of
the road. Mr. Lustig said he doesn’t know who
gave access there, who owns it or who maintains
it. If the County doesn’t want to incur costs to
parcels zoned suburban, should the zone be
changed back to agriculture/forestry?
Mr. Lustig said the cost to
improve Earl Lane Road beyond the 25 foot
section to 60 foot would involve imminent
domain, land acquisitions, etc., and it’s all to
serve at best 20 potential parcels with three
landowners. Leaving the area zoned
agriculture/forestry only requires existing
maintenance of all weather roads. Mr. Lustig
asked if the County would maintain the road.
Chairman Smith said this is
talking about some things that should’ve been
talked about a long time ago. Commissioners were
asked to review the facts and revert the zoning
to agriculture/forestry and it would be best to
do so promptly.
Commissioner Dinning said
this motion had not been finalized yet as the
Ordinance for this rezone has not been adopted
yet. Commissioners will make sure about the
mailing and posting requirements.
Ms. Duncan said she read
that if any portion of the notification process
is faulty then the matter can be tabled until
such proper notification is given. Also
information about notices sound as if public
notice needs to be mailed and posted.
Publication in the newspaper can be done in lieu
of mailing, but there has to be postings.
Commissioner Dinning said there is code that
refers to the number of parcels affected as far
as who is notified.
Mr. Lustig said Planning
and Zoning did provide notification, but he has
no computer or newspaper at this home. Chairman
Smith said he is not satisfied with what took
place as he thinks there has been some wrong so
he would like to hold the hearing again.
Mr. Studer said he has to
confirm as his understanding is the same, that
he can only recall having information published
in the newspaper and sign posting and mailings
slipped through the cracks during the interim.
Mr. Lustig said that issue
aside were Commissioners aware they owned the
access road because it would just be nice to
know if the County is going to plow that road as
the snow flies. Ms. Duncan said if this area is
zoned suburban, it can increase the number of
users on this road.
Commissioner Dinning said
Commissioners will check the process and take it
from there. Mr. Lustig said for discussion, it
was made clear by the lawyer he talked to, if
the County owns the road there is a tort
responsibility to maintain it. Commissioner
Dinning said there may not be that
responsibility. Mr. Lustig said he is nervous
because if the County doesn’t legally have to
maintain the road, how is maintenance provided.
Chairman Smith said if the County doesn’t
maintain the road, why don’t Commissioners
abandon it. Commissioner Dinning explained how
the County can abandon the road, but the access
will still be there.
Chairman Smith said
Commissioners will check with the County
attorney to see if the proper notification
process was followed and also asked what the
County’s obligation is for maintenance if the
road is a County road.
Mr. Lustig asked if
Commissioners are told the road can be
maintained as an all weather road, how will that
affect subdivision densities. Chairman Smith
said that is one of the questions Commissioners
have. Commissioner Dinning said he knows there
may be an issue with Road and Bridge maintaining
this road as there is no place to turn the
equipment around.
The meeting with Mr. Lustig
and Ms. Duncan ended at
2:20 p.m.
There being no further
business, the meeting ended at
2:45 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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