County commission minutes

***Monday, October 8, 2012, Commissioners did not meet due to the Columbus Day Holiday.

***Tuesday, October 09, 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., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 9:05 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve the minutes of September 3 and 4, 2012 and October 1 & 2, 2012. Commissioner Kirby second. Motion passed unanimously.

9:30 a.m., Sharlene Delaney with Boundary Abstract joined the meeting to discuss the State of Idaho’s request for an easement. Ms. Delaney said this matter of the easement has never been completed, and she asked if the County would still be willing to grant the easement. Commissioner Dinning said he doesn’t see the County having a problem with granting an easement. The State of Idaho is requesting a 24-foot all purpose travel way with a six inch base, and property owner, Roger Miller, would prefer the easement travel across the middle of his property, according to Ms. Delaney. Ms. Delaney said her company would hire a surveyor for the work and there would not be any expense to the County other than granting the easement. Those present reviewed a map of the site. The access cannot be to the south of the property it travels across as there is a draw in that area and the access won’t be able to connect to the state’s road, according to Ms. Delaney. Commissioner Dinning mentioned talking to Solid Waste Supervisor Claine Skeen about the possibility of test wells in that location. Ms. Delaney said she is prepared to offer payment for the easement based on the prior appraisal done by Carter Appraisal. Commissioner Dinning said that appraisal was done some time ago and the County has to have a new appraisal done per Idaho Code.

Commissioners spoke to Solid Waste Superintendent Claine Skeen via telephone at 9:40 a.m.

Commissioners updated Mr. Skeen about the direction of the requested access and asked for the location of the test wells. Mr. Skeen said there is one test well to the farthest west center of the property. Chairman Smith arranged to meet Mr. Skeen on site to get the location of the test well and get in touch with Ms. Delaney with results.

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2012).

Commissioner Dinning moved to adopt Resolution #2012-42. A resolution to establish Energy Efficiency and Conservation Block Grant (EECBG) revenue account and expense account budget due to receipt of unanticipated revenue from the Idaho Department of Energy Resources. Commissioner Kirby second. Motion passed unanimously. Resolution #2012-42 reads as follows:

REVENUE ACCOUNT AND EXPENSE ACCOUNT BUDGET DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM THE IDAHO DEPARTMENT OF ENERGY RESOURCES

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

WHEREAS, $11,399.38 in unanticipated grant funds has been received from the Idaho Department of Energy Resources for the purpose of financing energy efficiency projects in Boundary County, Idaho, and

WHEREAS, it is appropriate to establish the EECBG Revenue Budget Account Number 104-00-324-010 in the amount of $11,399.38 and the EECBG Expense Budget Account Number 104-00-709-00 in the amount of $11,399.38 in order to pay EECBG expenses, and

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

IT IS RESOLVED that the establishment of the EECBG Revenue Budget Account Number 104-00-324-010 in the amount of $11,399.38 and Expense Budget Account Number 104-00-709-00 in the amount of $11,399.38 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.

Commissioner Dinning moved to adopt Resolution #2012-43. A resolution to establish fire mitigation grant revenue account and expense budget due to receipt of unanticipated revenue from the Idaho Department of Lands. Commissioner Kirby second. Motion passed unanimously. Resolution #2012-43 reads as follows:

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

WHEREAS, $213,054.97 in unanticipated grant funds has been received from the Idaho Department of Lands (IDL) for fire mitigation purposes of which $166,585.18 was designated as regular IDL Funds and $46,469.79 was designated Stimulus Funds; and

WHEREAS, $28,543.76 of the regular IDL grant funds received in fiscal year 2010-2011 was not spent in that fiscal year and it is appropriate to carry those funds forward into fiscal year 2011-2012; and

WHEREAS, it is appropriate to establish the Fire Mitigation Grant Revenue Budget Account Number 102-00-324-011 in the amount of $195,128.94 ($166,585.18 from revenue received in fiscal year 2011-2012 and $28,543.76 from cash carry forward from fiscal year 2010-2011) and Revenue Budget Account Number 102-00-324-013 in the amount of $46,469.79 (from revenue received in 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 establish the Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $195,128.94 for regular IDL projects and Expense Budget Account Number 102-04-709-00 in the amount of $46,469.79 for IDL Stimulus projects in order to pay fire mitigation grant expenses.

IT IS RESOLVED that the establishment of the Fire Mitigation Revenue Budget Account Number 102-00-324-011 in the amount of $195,128.94 and Revenue Budget Account Number 102-00-324-013 in the amount of $46,469.79 and Fire Mitigation Grant Expense Budget Account Number 102-02-709-00, in the amount of $195,128.94 and Expense Budget Account Number 102-04-709-00 in the amount of $46,469.79 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.

Commissioner Dinning moved to adopt Resolution #2012-44. A resolution to increase Road and Bridge budget due to receipt of unanticipated funds. Commissioner Kirby second. Motion passed unanimously. Resolution #2012-44 reads as follows:

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

WHEREAS, $7,837.31 has been received from the City of Moyie Springs as reimbursement for chip sealing, and

WHEREAS, the Road & Bridge Fund for fiscal year 2011-2012 is in need of this additional revenue, 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 Road & Bridge Fund Revenue Account Number 02-00-391-018 and the Road & Bridge Expense Account Number 02-00-641-00, Road Oil (Chip Sealing), in the amount of $7,837.31, and

IT IS RESOLVED that the increase in the Boundary County Road & Bridge Fund Revenue Account Number 02-00-391-018 and the Road & Bridge Expense Account Number 02-00-641-00, Road Oil (Chip Sealing), in the amount of $7,837.31 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.

Commissioner Dinning moved to adopt Resolution #2013-2. A resolution transferring surplus county personal property to Benewah County. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-2 reads as follows:

WHEREAS, the Board of County Commissioners of Boundary County, Idaho, convened in regularly scheduled session at their office in the Boundary County Courthouse at Bonners Ferry, Idaho, and do find and declare that 21 voting booths are surplus and no longer needed for county use.

WHEREAS, pursuant to Idaho Code Section 31-808(9), the Board of County Commissioners find that it is in the public’s best interest to grant the aforementioned voting booths to Benewah County, a political subdivision of the State of Idaho.

NOW THEREFORE BE IT RESOLVED pursuant to Idaho Code Section 31-808(9), that the county hereby grants to Benewah County, a political subdivision of the State of Idaho, the 21 voting booths as aforementioned.

Commissioner Dinning moved to adopt Resolution 2013-3. A resolution to deposit interest revenues into the Justice Fund pursuant to Idaho Code 31-4603 (3). Commissioner Kirby second. Motion passed unanimously. Resolution #2013-3 reads as follows:

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish a Justice Fund for Boundary County, and

WHEREAS, Idaho Code 31-4603 (3) establishes that such revenues may be apportioned to the Current Expense Fund or the Justice Fund by the Board of County Commissioners to meet the greatest funding need in each local jurisdiction, and

WHEREAS, the Boundary County Clerk has informed the Board of County Commissioners that sufficient funds are on hand for the operation of the Current Expense Fund and insufficient funds exist for the budget operation of the Justice Fund, and

WHEREAS, the Boundary County Board of Commissioners has determined that the Boundary County Justice Fund is in the greatest need of funding,

IT IS HEREBY RESOLVED that the deposit of interest revenues from investments up to $24,350.00 be made to the Boundary County Justice Fund.

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.

Commissioner Dinning moved to adopt Resolution #2013-4. A resolution amending the schedule of starting wages. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-4 reads as follows:

WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho Code, and

WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provision and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits; and

WHEREAS, the Boundary County Commissioners find it necessary to revise the Schedule of Starting Wages, and

WHEREAS, Rule 4B of the Boundary County Personnel Policy that was adopted as Resolution Number 2008-35 on September 30, 2008 allows the Board of County Commissioners to review and make adjustments to the Schedule of Starting Wages by resolution as required,

NOW, THEREFORE, be it resolved by the Board of Boundary County Commissioners that it is in the best interest of the County to amend the Schedule of Starting Wages as follows:

Grade	10/1/12
1	7.25
2	7.34
3	7.76
4	8.20
5	8.68
6	9.17
7	9.71
8	10.27
9	10.85
10	11.49
11	12.16
12	12.88
13	13.63
14	14.42
15	15.26
16	16.16
17	17.11
18	18.11

PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 9th day of October, 2012.

10:30 a.m., Planning and Zoning Administrator Dan Studer and Planning and Zoning Commission member Mike Weland joined the meeting for the purpose of scheduling a date for Commissioners to consider the appeal filed by Patrick and Ada Gardiner and Bryan and Sarah Ferguson in regards to Tungsten Holding’s Planning and Zoning application for a gravel pit. Ada Gardiner was also present.

Chairman Smith explained all that is to take place in this discussion is to set a date for the public hearing in regards to the Ferguson’s and Gardiner’s appeals. Chairman Smith said Commissioners will review the Planning and Zoning information provided to them, and he explained that there are a lot of legal ramifications both ways so it would be ideal to have the County’s attorney present while reviewing the information. Chairman Smith said he just wants to make sure Commissioners do everything properly.

Mr. Studer said he had previously given Commissioners a record of decision and the findings, and there is additional correspondence he can make available. Chairman Smith said he thought what Commissioners would be considering is what took place at the Planning and Zoning Commission public hearing. Mr. Studer said there is no additional information given past the appeal date. The actual application was made October of 2011, according to Mr. Studer. There is information from Attorney Paul Vogel, Tungsten Holdings and the Gardiners that is available for review and it’s in regards to the public hearings held before the Planning and Zoning Commission. This is information Planning and Zoning considered when making their decision.

Mr. Studer said the amount of information is substantial and when the hearing is scheduled, it should be after a thorough review of this information. Chairman Smith asked if there is a legal time frame in which to set this hearing. Mr. Studer said if Commissioners decide to proceed with a legal hearing, he has to notify the appellants of the date of hearing within 10 days. Chairman Smith said he doesn’t feel comfortable conducting a public meeting and would rather hold a public hearing to make sure all information is out on the table. Mr. Studer said at the hearing that is to be scheduled today there will be time to deliberate the information and if there are any additional needs for information, he would be responsive to that. Chairman Smith said his concern is when the public hearing has to be held because the county’s attorney is not available currently. Mr. Studer said Commissioners would have to determine the date of the hearing, but will want to familiarize themselves with the information. A week would be too soon in order to become familiar with all of the information, according to Mr. Studer. It was said if the public hearing was set for the first week in November, it would not be too far out. Mr. Studer said the hearing that is to be scheduled today for a time in the future is to allow time for Commissioners to decide if the appeals have merit, and if the outcome from that hearing is that the appeals have merit, Commissioners will hold another public hearing or a public meeting.

Mr. Studer reviewed the appeals process section in the ordinance. Mr. Weland said he heard Chairman Smith say he already felt the Gardiner’s and Ferguson’s appeals have merit. Commissioner Kirby said he also felt this matter should be heard as a public hearing to make a final determination.

Commissioner Kirby moved to set the public hearing to consider the appeals filed by Patrick and Ada Gardiner and Bryan and Sarah Ferguson in regards to Planning and Zoning Application #11-063; an application for a gravel pit filed by Tungsten Holdings, for November 13^th.

Commissioner Kirby moved to withdraw his prior motion. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to hold a public hearing on Monday, November 12, 2012 beginning at 1:30 p.m., in the County Extension Office to consider the Gardiner and Ferguson appeal hearing in regards to the Planning and Zoning Application #11-063 for a conditional use permit. Chairman Smith yielded the chair to second. Motion passed unanimously.

The meeting to schedule a public hearing to consider the Gardiner and Ferguson appeals ended at 10:55 a.m.

10:55 a.m., Economic Development Specialist David Sims stopped by Commissioners’ Office to discuss broadband and Commissioners contacted Jim Deffenbaugh with Panhandle Area Council via telephone to include him in this conversation. Mr. Sims suggested setting up a future conference call with Blackfoot Communications.

County commission minutes, October 8-9