***Monday, April 11, 2016, at 9:00 a.m., Commissioners met in regular session with Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office tending to other matters.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
Blue Sky Broadcasting Reporter Mike Brown was in attendance of the meetings off and on throughout the day.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. Mr. Kimball presented a written report.
Commissioner Kirby moved to appoint Commissioner Pinkerton Acting Chairman in the absence of Chairman Dan Dinning. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Kimball said a lot of road blading took place and a lot was accomplished last week. Work done on Lookout View Road was discussed. Mr. Kimball said weather permitting he is going to peal the top off the Myrtle Creek Bridge and reapply a lesser amount of driving surface. He will take pictures to send to the state as well as take the signage down. Mr. Kimball said Road and Bridge has to keep up on maintenance of this bridge in order to maintain funding received.
Mr. Kimball said today he is going to meet with people concerning the Owens residence as it pertains to maintenance on Perkins Lake Road. Someone wants to perform maintenance on a portion of this road, but the Owens don’t feel this maintenance should be done.
Commissioners and Clerk Poston discussed what vacant positions may not have been filled in the Road and Bridge Department as well as discussed budget. Acting Chairman Pinkerton said former Road and Bridge Department Superintendent Jeff Gutshall had concerns that Secure Rural Schools (SRS) funding may not be reauthorized so he had planned for a reduction in staff. Acting Chairman Pinkerton said Commissioners would like to hear what Mr. Kimball feels he needs in order to operate his department. Clerk Poston said she doesn’t believe additional staff had been budgeted for, but she can check to determine that for sure.
Mr. Kimball discussed conversations he has had with Senator Shawn Keough in regards to Road and Bridge projects.
Clerk Poston brought up the subject of hiring more personnel and said Mr. Kimball needs to get Commissioners’ approval to hire someone. The process to hire someone doesn’t take a long time, but they do have the pass the background check and drug test prior to starting work. Clerk Poston informed Mr. Kimball what is involved with a fulltime employee to include the cost of insurance benefits. Mr. Kimball will work on a job description. Clerk Poston said if the job description is a new one, it will have to go before the classification committee to determine the new position’s wage.
The meeting with Mr. Kimball ended at 9:32 a.m.
Commissioner Kirby moved to amend the agenda for Tuesday, April 12, 2016, at 2:15 p.m., to discuss the grizzly bear lawsuit intervention as it is a time sensitive matter. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
Commissioner Kirby moved to allow going out for quotes for a security camera system for the Sheriff’s Office. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
Commissioner Kirby moved to approve the minutes for the weeks of April 4, 2016, March 21, 2016, and March 28, 2016. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
Commissioners tended to administrative duties.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 25,127.84
Road & Bridge 48,582.41
Airport
3,508.15
District Court 2,580.17
Justice Fund 39,643.10
911 Funds 2,207.51
Indigent & Charity 4,535.28
Junior College 51,010.00
Parks and Recreation 2,327.33
Revaluation 688.59
Solid Waste 11,718.76
Veterans Memorial 268.59
Weeds 695.96
Restorium 20,336.10
Waterways 215.06
Grant, Airport 29,121.81
TOTAL $242,566.66
Citizens
are invited to inspect detailed records on file in the Courthouse (individual
claims & Commissioners’ allowance & warrant register record 2015-2016).
10:31 a.m., Commissioners continued the tax deed hearing for delinquent 2012 property taxes. Present were: Acting Chairman LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, and Chief Deputy Clerk Tracie Isaac. The hearing was recorded.
Treasurer Larson said the property owner of the parcel to be tax deeded has been notified and still has chosen not to make payments on the property. The total amount of property tax owing for year 2012 is $273.33. This total also includes fees and interest.
Commissioner Kirby moved to tax deed parcel #RP62N01E232413A for delinquent year 2012 taxes totaling $273.33. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
The tax deed hearing ended at 10:40 a.m. Treasurer Larson left the meeting.
Commissioners, Chief Deputy Clerk Isaac, and Clerk Poston discussed vacant positions and hiring part-time employees with regard to budget details for Road and Bridge. Acting Chairman Pinkerton reviewed the definition of a seasonal employee.
Chief Deputy Clerk Isaac left the meeting.
11:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting.
Restorium Board Acting Chairman Larry Hall stopped by Commissioners’ Office to provide a list of names the Restorium Board members recommend as a choice to fill a vacant position on the Restorium Board. Mr. Hall said each person would be a good choice. Mr. Hall provided a brief background for each person.
Mr. Hall left the meeting at 11:08 a.m.
Mr. Kimball, Clerk Poston, and Commissioners reviewed budget and benefit information as it pertains to a proposed new Road and Bridge position.
Acting Chairman Pinkerton said Commissioners are in favor of advertising to hire one plus positions for the Road and Bridge Department.
Mr. Kimball left the meeting.
County residents Ben Corson, Linda Corson, Channing Nagel, Barbara Nagel, and Fred Gabourie joined the meeting to provide Commissioners with information pertaining to Union Pacific Railroad’s plans to construct a siding along Moyie River Road.
Mr. Gabourie said since last year Union Pacific dropped their original petition and refiled another petition with the Army Corps of Engineers and the State Department of Water Resources. Mr. Gabourie said the neighbors in the area have been meeting since last year as this is a very complex issue with a lot of moving parts. Mr. Gabourie presented Commissioners with information he and his neighbors have researched. There are problems with Snyder Creek watershed and drainage and the easement Union Pacific is presenting, etc. Mr. Gabourie said there is a lot of science in this research. One thing that is a concern is somehow the matter became a narrow road issue and that didn’t seem right so after conducting research it was determined this is a land use issue. The area in question is zoned suburban residential and Commissioners had adopted this zoning in the Comprehensive Plan. Some of the residents in this area have come to the conclusion the County Comprehensive Plan has been overlooked as this is a land use issue. The area is zoned residential on one side and there is another neighbor who now wants an industrial use zone. The main line where the trees are is commercial, not industrial. Mr. Gabourie said the residents don’t see that Union Pacific is exempt from land use rules. Union Pacific needs to apply for the appropriate use permit and the neighbors, according to the Comprehensive Plan, are entitled to attend a hearing on the matter and provide oral arguments, etc. Union Pacific has the chance to bring their engineers, hydrologists, etc. The residents are looking to have a forum. Mr. Gabourie encouraged Commissioners to consult with their legal counsel to review the Comprehensive Plan. The Comprehensive Plan is the only county document that deals with land use, and this applies directly to Union Pacific who needs to also file a permit with county for industrial use. This is a nonconforming use with the families living across the street. Commissioners have probably dealt with the Comprehensive Plan many times over dealing with land use issues.
Ms. Nagel said even though her driveway is not going to move 200 feet south after all, she is still not happy with Union Pacific. Acting Chairman Pinkerton said as it pertains to a roadway, the county’s job is to determine if they are going to maintain the roadway or not. The Road and Bridge Department Superintendent’s signature on a document just pertains to if the county could maintain the roadway or not. Mr. Gabourie said they are not here today to get Commissioners to debate anything, but the Comprehensive Plan is the body of law. This is a land use issue that was not addressed early on in this process. Mr. Gabourie said the residents in the area are frustrated with the lack of notice and it is not fair to dump this on the county. Mr. Gabourie said he’s been looking at the Addie area and there is a better place for this siding. The State of Idaho has the Clean Water Act 404, which is where they step in, and for the county it is land use, which the Comprehensive Plan controls land use and it contains definitions. Union Pacific Railroad should comply with the Comprehensive Plan.
Acting Chairman Pinkerton said Mr. Gabourie has mentioned something Commissioners may have not thought about so these are questions Commissioners can look at.
Ms. Corson said she had questions and she doesn’t know who the proper person is to talk to. Ms. Corson said the sign for her private drive is at the corner of the railroad crossing and county road so where will this sign and mailboxes go? How will people know the sign has been moved? It is premature right now, but it’s something she is wondering about. Acting Chairman Pinkerton said if the county is going to maintain something, there would be a road. This is hypothetical. Ms. Corson’s address won’t change, but how will the road sign connect to this quazi-private driveway.
The meeting to discuss the Union Pacific matter ended at 11:46 a.m.
11:56 a.m., Courthouse Maintenance John Buckley joined the meeting briefly to discuss janitorial matters.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, April 12, 2016, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Boundary Volunteer Ambulance (BVA) Chief Jeff Lindsey, BVA Board member Nancy Russell, and BVA Medical Director Dr. Stu Willis joined the meeting to discuss future budget matters for Boundary Volunteer Ambulance.
Ms. Russell explained that over the past year BVA’s board has been looking at the future, such as the needs of the community, paramedics and EMT’s. BVA has tried to build a professional organization in order to be available to the community and hospital as fast as possible. Ms. Russell said as a board they wanted to move forward quickly so they had to make some internal changes at BVA in order to make that move.
Dr. Willis said the bottom line is BVA needs to get to a level of capability to what is the standard throughout the country. BVA had not been that way, but is getting there. BVA having paramedics is still a fledgling operation as it is new to the community, BVA’s board, etc. Dr. Willis said the State of Idaho has established, through Idaho Code 56-1028, the Time Sensitive Emergencies Council, which is a group of people in the healthcare field and emergency medical services (EMS) who want to improve a systematic comprehensive system to get more standardized care for time sensitive emergencies. Dr. Willis said we are in the northern county region consisting of six counties and he is a member of the executive committee for that region. With that the committee is establishing a system for the three major traumas that are time sensitive, which are heart attacks, strokes, and other major trauma. A part of having an EMS system that can support those emergencies adequately is having paramedic capabilities. EMT’s can do a little part compared to a paramedic’s ability. Having the paramedics prevents delays in medical transports as a medical helicopter is not always cleared to fly depending on weather conditions. Having the paramedics provides a fairly large quality assurance and improvement. Dr. Willis said from the time sensitive aspect, having backup paramedics is imperative. Chairman Dinning said this is part of a discussion that started a long time ago. Chairman Dinning asked if an on-call paramedic could be beneficial in the hospital as well. Dr. Willis said yes, and added that the hospital is working on that. When this issue was brought up, the hospital’s insurance and liability carrier said no, you cannot have volunteer paramedics working in the emergency room, but the board structure at the insurance company has changed so he is trying to gather data from around the country as to what those benefits would be. Mr. Lindsey said the hospital is not going to hire paramedics, but in a paramedic’s downtime, if there is a patient they are directly transporting to a hospital, the paramedic can be allowed to help continue care and work alongside hospital staff. The hospital won’t be in the business of hiring paramedics. Chairman Dinning said to be beneficial to the community, if a person is a paid on-call paramedic, how can we get them to be a benefit to the community. Dr. Willis mentioned the community paramedic program, which is something he hopes to get the local paramedics involved in. This program can help the community in becoming healthier by having the paramedics out in the community check in on people who had recently been in the hospital.
Mr. Lindsey said he tried to come up with the basic three needs to address within the contract with the county. The first matter is the staffing issue, which has been a major problem all along. When BVA hired paramedics, of which there are three now, they were hired with the understanding they may not have a job at the end of the current contract term. Mr. Lindsey apologized to Commissioners for what the county went through in the beginning with the formation of the ambulance service district and added that he is horrified about what went on here in the past. Chairman Dinning said Commissioners are starting anew. Change is always hard and this was a drastic change that was hard, but it did get us to where we are today. Mr. Lindsey said BVA has just one chief now so if the former chief decides to come back to BVA, it will be in the position of an EMT basic. There are other members of BVA who are longer with the organization as well.
Mr. Lindsey said he would like to have a contract for good care. Mr. Lindsey said BVA is a 50 year old organization. Mr. Lindsey spoke of his own history working as a paramedic in Bonner County and how they provided transports to and from Boundary County numerous times. Mr. Lindsey explained that it was hard for him to think that Bonner County taxpayer’s dollars were being used outside of Bonner County. When it comes down to it a paramedic is the same as a registered nurse as far as education and continuing education requirements, so the idea of a volunteer paramedic is unheard of, according to Mr. Lindsey. Unfortunately, ambulance service is funded by taxpayer dollars. With BVA’s staffing need, Mr. Lindsey said he looked at what BVA has, how the current system functions, and he said ambulance service is very costly and it is very hard to operate under the current budget. Boundary County looks like it will never step away from volunteers, but there also has to be paid staff as well, such as advance life support (ALS). Mr. Lindsey said he hopes BVA can provide a better stipend to its volunteers and he mentioned how he is basing his staffing models.
Mr. Lindsey informed Commissioners that he likes transparency and it doesn’t matter if the organization is a 5013c, etc. Mr. Lindsey said he is looking at what BVA is being paid and what can be pared down. BVA is a combination of volunteers and paid staff. Ms. Russell said this information will provide BVA’s Board with information on staffing and costs. Mr. Lindsey said he cannot run an EMS system and not know if someone will be available to cover shifts as he is trying to make this system sustainable into the future. Mr. Lindsey added that the matter of extrication was brought up during the last discussion.
Dr. Willis said he wants Commissioners to understand that when he is talking about ALS transfers, he is talking about paramedics. Mr. Willis said a lot of ALS transfers don’t qualify to go by helicopter so there are a lot of transfers that have go by ground and that require a paramedic.
Mr. Lindsey spoke of the target time for EMT’s and paramedics to make it out the door if a call comes in. BVA can now look at the average of runs. Mr. Lindsey spoke of the major accident on Highway 95 near McArthur Lake that occurred a couple weeks ago.
Mr. Lindsey said he doesn’t want to be in the business of extrication, etc. The job of a paramedic or EMT is patient care, not extrication. In the past the matter of extrication was a bully-run thing. A fireman can cut just as well as anyone, but there does have to be an EMT on scene. Mr. Lindsey said he asked the City of Bonners Ferry about their large rescue truck and asked Chief Pat Warkentin if there was a motor vehicle accident in the Hall Mountain area, would he be able to provide the extrication vehicle, and Chief Warkentin had said absolutely. South Boundary Fire District also has some extrication equipment so BVA will have the City Fire Department or South Boundary Fire District toned to a call, if need be, to have that equipment brought out right away. Mr. Lindsey said BVA has a rescue truck parked at Station 2 and yes, BVA owns the equipment now, but is costs a lot of money that could otherwise be used for patient care. BVA is slowly starting to separate themselves from extrication. Dr. Willis spoke of rescue training that needs to be done. Ms. Russell said as a nurse, to her, that is really very important. We have standards that have to be met and it is a requirement to know these skills. These are risk and safety issues emergency responders are dealing with so they need to find out if they are performing the duties properly or fast enough and find out how to change that if not.
Mr. Lindsey mentioned the other issue is housing for BVA. Currently BVA crews who are on a 24/7 shift are housed upstairs in the City of Bonners Ferry fire station, but the City has made it clear they don’t want to do this any longer so BVA is trying to find another location for the staff to stay. Chairman Dinning asked if it would satisfy the need if there was a house rented locally with a unit or vehicle parked outside. Mr. Lindsey said his dream would be for the county to say they will take funds from the Ambulance Service District and put it towards an EMS building. It would not be BVA’s building, but an EMS building for the county and it would be attractive to whomever is providing the ambulance service to already have a building so he would hope funds could be designated for that. The building need is a huge issue right now, according to Mr. Lindsey. Commissioner Kirby mentioned the North Bench Fire Station located at the junction of Camp Nine Road and Highway 95, and he said it is a nice quiet building and he would venture to say there is the possibility to house EMS staff there. Mr. Lindsey said he has also talked to the chief for South Boundary Fire District about housing, but the City of Bonners Ferry is central to the county. Mr. Lindsey said it would be nice if the county could provide a different facility. Commissioner Kirby said he was thinking of the North Bench station as more of a short term situation. Chairman Dinning asked what the cost was to construct that fire station. Commissioner Kirby said he understood the cost to have been approximately $100,000.
Mr. Lindsey said the last issue he listed is funding. Mr. Lindsey said someone, who doesn’t know how the ambulance service runs, had once said that the ambulance service just needed the funds to get on their feet and then taxpayer dollars won’t be needed, but that doesn’t work. An ambulance service trying to survive on billings alone is ludicrous. Mr. Lindsey said the ambulance service billings bring in $350,000 to $400,000 per year. Commissioners said they had never been given this type of information in the past. Mr. Lindsey said staffing and ALS equipment is expensive and requires money. Mr. Lindsey said BVA is also paying attention to its billing and if the billing company is not collecting what needs to be collected, BVA will need to switch to another company. Mr. Lindsey said he needs to make sure BVA does what they need to do on their end in order to take of business. The other issue pertaining to funding is that grants are going away. Mr. Lindsey said he could get fire department related grants all day, but it is hard to get grants related to medical services.
Mr. Lindsey spoke of training that he received to be a community paramedic and he explained that a community paramedic involves medical prevention to help reduce the need for medical transports, etc. There are grants available for community paramedic programs. Mr. Lindsey listed a couple community paramedic success stories and said this, unfortunately, requires taxpayer dollars to keep it going. Mr. Lindsey said he gets really good feedback from the community in having paramedics.
Mr. Lindsey said with what funds BVA can receive, he wants to be the flagship and do the best they can with what they have.
Chairman Dinning said the county is limited in its budget per Idaho Code. The county levied the maximum amount it could, legally, for the ambulance district the first year. Chairman Dinning explained that generally, the county will receive 90% of the overall tax due each year. Chairman Dinning asked Mr. Lindsey what he and BVA are thinking as far as funding. Mr. Lindsey said nobody wants to hear the maximum amount, but this service doesn’t work otherwise. Mr. Lindsey said so many different figures have been mentioned to him from BVA so he doesn’t know what the county gets in taxes for ambulance service. Clerk Poston reviewed what payments BVA has received through property taxes and as per the contract with the county. Clerk Poston said the county levied the full amount the first year, which was $330,000, and received a little less than $270,000. The second year the county levied $264,000. Clerk Poston said the amounts have decreased because the county did not levy the full amount. This year the county is going to levy the full amount again and Clerk Poston explained maximum foregone. The county can levy the full amount and increase it by 3%. Chairman Dinning said the Ambulance Service District is a completely separate district from Boundary County, except that County Commissioners are also the Ambulance Service District Governing Board. Mr. Lindsey said that is also how Bonner County operates.
Mr. Lindsey said if the county were to levy the maximum amount, such as $330,000 and BVA added that to the approximate amount of $400,000 earned in billings, it equates to approximately $750,000, which is not a lot if being compared to other ambulance companies of similar size. That figure would be a lot if it were a basic EMT service. Mr. Lindsey said his request would be to get the entire amount he could and conservatively put the money to use, but his hands are tied. Mr. Lindsey said he is looking at approximately $460,000 in payroll. He is being conservative using a staffing model at a cost of $400,000, which leaves $300,000 to replace units, housing, etc. Mr. Lindsey said the cost of a building would be figured into that straight off the top of the total amount. Dr. Willis said it would take quite a long time to save for a facility. Mr. Lindsey said his thought was the possibility of the county to look into a loan.
Chairman Dinning mentioned locations in which to house 24/7 ambulance staff. Chairman Dinning said housing next to the train tracks behind the Courthouse is a terrible place so ideally, would something north of town be feasible as the county owns land this side of three mile. Mr. Lindsey said if a freight car derailed, this area would be ground zero so having EMS staff outside of this area would be best. Mr. Lindsey added that if the structure is county owned, it is also a place in which dispatch could operate out of such as an emergency operations center.
Chairman Dinning said he is hearing the county is to levy the full amount, then out of that determine how much is received. That will determine how this system will have to be structured, accounting for a different housing location.
Commissioner Pinkerton said it is important to him that the county gets what it is paying for and he thinks we’re on track. We are now seeing that we are getting what we are paying for. Commissioner Pinkerton spoke of his past experience involving extrication and having the various agencies knowing when to function and stay within their own roles in an incident.
Chairman Dinning said for this discussion Commissioners should have recessed as County Commissioners and convened as the Ambulance Service District Board.
Commissioner Pinkerton moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Kirby second. Motion passed unanimously.
Chairman Dinning said from the public’s perspective BVA had a lot of vehicles. Mr. Lindsey said the BVA junkyard has been mitigated as only three vehicles are needed for a service of this size. The vehicles needed are the 911 truck, the interfacility vehicle, and a backup in case one of the other vehicles break down. Mr. Lindsey said he is still new at being a chief, but BVA has gotten rid of two vehicles so far.
Chairman Dinning said in the past the county was concerned when purchasing equipment and questioned what happens to this equipment if BVA were no longer in business. Mr. Lindsey explained how the purchase of equipment is supposed to be transferred and he mentioned that is something he will bring to the attention of his board. Mr. Lindsey explained that if BVA gets a grant from the state, such as funding for an ambulance, and then BVA goes out of business, the unit is supposed to go to the county to use with the next ambulance service. Mr. Lindsey said in the case of Boundary County, if BVA goes out of business, BVA had the equipment deeded to the City of Bonners Ferry so he will look at how to fix that so equipment goes to the county.
Those present mentioned the need to discuss a new contract. Chairman Dinning said the county will draft the next contract.
The meeting with Dr. Willis, Ms. Russell, and Mr. Lindsey ended at 10:26 a.m.
Commissioner Kirby moved to adjourn as the Boundary County Ambulance Service District and reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Motion passed unanimously.
Commissioners tended to administrative duties.
Deputy Clerk Nancy Ryals joined the meeting at 10:55 a.m.
Commissioner Pinkerton moved to file a claim against the estate for indigent 2016-14. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to accept the assignments to the Catastrophic Health Care Program on the following indigent accounts: indigent account 2015-15 in the amount of 40%, indigent account 2015-13 in the amount of 43%, and indigent account 2015-10 in the amount of 67%. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:58 a.m.
Commissioners tended to administrative duties.
11:30 a.m., Phil Allegretti of Panhandle Pest Control joined the meeting.
Mr. Allegretti informed Commissioners the State of Idaho will contribute $4,000 for the mosquito surveillance work. The total cost is $8,000 and the county contributes 32% of that cost, which is approximately $2,600. Testing the mosquitoes for the West Nile Virus is free, but there is a cost for the work done by Mr. Allegretti for three and one half months. Mr. Allegretti said this year he may conduct the study during the months of June, July, August, and possibly September, but if he doesn’t work through September, the cost would decrease by $600 to $800. Chairman Dinning said if the county budgets $4,000, there should be plenty. Mr. Allegretti said the state contributes $4,000 so the county will actually need to budget $8,029.
Mr. Allegretti said he has been asked about the Zika virus, but he has never come across that. The reported cases of the Zika virus all seem to be from the east coast of the United States with the closest case reported in Arizona. Mr. Allegretti explained that the mosquito carrying the Zika virus came to the United States by boat that carried tires to be retread. There had been no cases of the West Nile virus in the mosquitoes caught in Boundary County last year, but there had been West Nile virus found the year before. If the West Nile virus is found to be in Boundary County, we just need to do some public awareness.
The meeting with Mr. Allegretti ended at 11:42 a.m.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, Clerk Poston, and Deputy Clerk Rohrwasser.
1:30 p.m., County resident Ron Sharuga joined the meeting in order to voice a complaint over dust coming from Champs Road by increased traffic associated with the Hidden Meadows subdivision. Mr. Sharuga said when he purchased his home in 1989 Champs Road was blocked off. Champs Road was somewhat opened up a couple years ago, but last summer there was development occurring in the subdivision and it has been nonstop traffic. Mr. Sharuga said the Champs Road easement is not on his property and when he had talked to other people, he was told this road would be brought up to standards and given to the county for maintenance. Mr. Sharuga said if the subdivision is getting developed using this one lane dirt road, it is pretty much unlivable for him and others. The Hidden Meadows subdivision was approved in year 2007 and Champs Road has now become a feeder for everything and it is not going to get better, according to Mr. Sharuga.
Mr. Sharuga presented a diagram of the subdivision in relation to Champs Road. Mr. Sharuga said he keeps his vehicle parked in the garage, but it still gets covered in road dust, and he explained how he has tried to place the gravel back on the road to alleviate the dust. Mr. Sharuga said he moved to Boundary County to retire, but he originally came from the same type of community. This subdivision was approved before his time, but supposedly there were clauses. Commissioners reviewed the information they were given and Chairman Dinning said there should be a road maintenance agreement that also mentions dust abatement. Chairman Dinning said the documents do say a “gravel surface” as far as “all roads accessing” so he doesn’t know where that leaves Mr. Sharuga and the county. Chairman Dinning asked if a formal complaint had been filed with the Planning and Zoning Administrator. Chairman Dinning said as a condition of subdivision approval, the roads are to be 24 feet of driving surface accessing all parcels and that could potentially include Champs Road so Mr. Sharuga needs to make the formal complaint, follow the process, then Planning and Zoning will have the matter properly investigated and the prosecutor will detail where to go from there. Chairman Dinning said if there has been a road maintenance agreement established with owners of the property, those are things listed in the complaint that would start the process. Commissioners reviewed the map further.
Chairman Dinning said his thought would be to have Mr. Sharuga submit a formal complaint regarding the subdivision itself and state that the terms and conditions of approval have not been met as they should. That will give the county the opportunity to investigate.
The meeting with Mr. Sharuga ended at 2:00 p.m.
2:00 p.m. Michael Listman with TechPartner joined the meeting.
Mr. Listman said he is almost ready to go live with the county’s new website. Comments he has received have been people wanting to make additional content changes. Mr. Listman said he will hold another workshop. Commissioners said any changes made to pages will be billed to the individual departments. The next workshop will be scheduled for this Friday at 10:00 a.m.
The meeting with Mr. Listman ended at 2:14 p.m.
Courthouse Maintenance John Buckley joined the meeting at 2:17 p.m.
Commissioner Kirby moved to go into executive session under Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 2:35 p.m.
Commissioner Kirby moved to hire Maria’s Cleaning Service due to the emergency nature of needing cleaning service, at a cost of $160 per day for three days per week, beginning this Wednesday, April 13, 2016, understanding Maria’s Cleaning Service needs to furnish the county with copies of employee background checks, proof of workers compensation, a certificate of liability insurance showing Boundary County as additionally insured, and a contract for Commissioners to review and put on the agenda to be signed on Monday, April 18, 2016. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Buckley left the meeting.
2:36 p.m., Treasurer Sue Larson and Assessor Dave Ryals joined the meeting.
Assessor Ryals informed Commissioners that the AS400 has a backup system that uses tapes and the tapes are getting ruined. The company who installed the AS400 recommended using another backup method and he was told the tape drive system is not a good one. Assessor Ryals added that this tape system is only three years old. Clerk Poston asked if there are two different backup systems. Clerk Poston said she is working on a backup system to the cloud so is this the same thing. Assessor Ryals said he thinks anything to do with backup in the cloud is a very bad idea. Treasurer Larson said we can apply for a $600 to $800 credit for the prepaid tape drive maintenance, and the county will also save $400 per year in tape drive maintenance costs in the future. Assessor Ryals said he is looking at switching to a system that does not use a tape, but instead uses a hard drive. The cartridges used in the new system proposed should be good for 40 years. Chairman Dinning said it will take two and one half years to recover the costs.
Commissioner Pinkerton moved to approve the expenditure of funds, as recommended, to replace the AS400 backup system to the county computers for an overall cost of $2,300. The equipment includes 1 IBM Power System RDX internal SATA docking station, nine IM RDX cartridges 500GB, and one Miicor conversion services from DAT to RDX technology. Commissioner Kirby second. Motion passed unanimously.
Assessor Ryals left the meeting at 2:42 p.m.
Treasurer Larson presented Commissioners with a report of Boundary County accounts dated March 31, 2016. Commissioners, Treasurer Larson, and Clerk Poston reviewed the information. Treasure Larson said the amount she estimated to earn in interest will be exceeded.
Commissioner Pinkerton moved to accept the Treasurer’s report dated March 31, 2016. Commissioner Kirby second. Motion passed unanimously.
Treasurer Larson left the meeting.
2:46 p.m., Planning and Zoning Administrator John Moss joined the meeting and Chairman Dinning updated him about their conversation with Mr. Sharuga earlier in the day. Mr. Moss said he will wait to receive a formal complaint from Mr. Sharuga.
3:00 p.m., Commissioners held a meeting to consider the appeals received in opposition to Planning and Zoning Application #16-040. This is an application to obtain landfill cover and winter traction sand for the County’s Road and Bridge Department. The purpose of this meeting is for Commissioners to determine if the appeals have merit to proceed to a public hearing. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Planning and Zoning Commission Chairperson Kim Peterson, Blue Sky Broadcasting Reporter Mike Brown, Boundary County Road and Bridge Department Superintendent Clint Kimball, Boundary County Solid Waste Department Superintendent Claine Skeen; and appellants Gayla Roady and Chad Argon.
Chairman Dinning informed everyone that a person who had wished to file an appeal had seven days from the date the Planning and Zoning Commission Chairperson signed the Findings and Decision. Chairman Dinning reviewed the meeting process.
The Planning and Zoning Commission had received an application from the Road and Bridge Department and a hearing was held as scheduled. Attached to the information was the landfill reclamation plan and the written comments from several members of the community, which were distributed to the Planning and Zoning Commission in advance. At the hearing a lot of input was received from both Road and Bridge Department Superintendent Clint Kimball and the appellants. Subsequent to finding that the conditional use permit should be approved, the Planning and Zoning Commission made that decision, but the appellants felt their concerns had not been addressed. County Commissioners also have a copy of the Planning and Zoning Commission’s Findings and Decision dated March 17, 2016. Chairman Dinning said the chairperson of the Planning and Zoning Commission had gone out of town prior to signing the Findings and Decision so they went unsigned for some time. The Findings and Decision shows the reclamation plan had been approved by the Idaho Department of Lands and that it mitigated concerns of local citizens. It was determined that alternative sources for sand would be cost prohibitive and then considerations 7.71 through 7.79, were addressed by Planning and Zoning. Chairman Dinning said the motion made by the Planning and Zoning Commission members, who were present at the hearing, was unanimous in approving the application.
Chairman Dinning said Commissioners are charged with, by their own ordinance, making sure that all processes have been followed and it appears they have been. Commissioners are in receipt of the appellants written documents stating why they are filing these appeals. Appellants Charles and Jessica Argon feel the application will infringe on their private property rights. Also listed in the appeal is the need to look at the burden of required information. Would the proposed use constitute a public nuisance and infringe on private property owners? The cost of an alternative plan was also questioned in that the appellant would like the county to provide an alternative to the original application and to allow the community to vote. Safety issues were raised. The Argon’s appeal questioned why not use the north gate as an entrance instead of the south. Another concern mentioned in the appeal is the landfill using this borrow site as a deposit refuse.
Appellants Chuck and Gayla Roady listed in their appeal that concerns of the citizens were not mitigated. Safety of adjoining landowners was also mentioned in their appeal as is the statement that the road to the borrow pit should not be along the north end of the site. Mr. and Ms. Roady suggested using the south entrance as well and to begin development of the pit at the south end. The Roadys also voiced concerns that the landfill reclamation plan would allow for a landfill site.
A third appeal from Rob Becker was also received. This appeal mentions concerns over noise, dust, property values, and unanswered questions. The repository for future landfill operations was also listed as a concern for Mr. Becker. Mr. Becker’s appeal questions why not use up the remaining 40 acres of land already permitted for the landfill before using land across the street since the landfill is only using 18 of those 40 acres.
Commissioners need to discuss these appeals amongst themselves to see if the procedure was flawed or if errors were made. Commissioners can uphold the appeal, overturn the initial appeal that prompted the action, deny the appeal, or modify the decision. Chairman Dinning said he knows the north end of this property was recommended for access. Mr. Moss said that response had to do with the risk of traffic traveling south and all of that way, but there was not discussion of taking fill from the south end. Mr. Moss said the argument, if he recalls correctly, was that it made more sense to go straight out of the north end of the property. The matter of safety came up in terms of crossing the road and the response was to erect signage and hours of operation. Hours of operation signage would no longer make safety an issue. It was said there is a berm on the eastside of this road on the side of the current landfill.
Chairman Dinning asked Mr. Skeen, in the county’s plan for landfill operations, is there anything that shows these acres as being a future repository for the landfill. Mr. Skeen said no, that would be an entirely different process to be able to bury garbage there. That would take another permit, according to Mr. Skeen. Chairman Dinning said this is also an explanation on why fill is not being used from the remaining property. The county will reuse that, but this is looking long term for the future. Mr. Skeen said that was correct. Chairman Dinning said the landfill extension reclamation plan says this site may used as a future landfill. Chairman Dinning asked if the reclamation plan refers to 30 days as a repository for the future. Mr. Skeen said the landfill is in the process of using that. Ms. Roady said the landfill extension reclamation plan was attached to the permit application and it was approved by the Idaho Department of Lands so that is where these statements came from.
Chairman Dinning said Mr. and Ms. Argon’s concern is about the public nuisance aspect of the pit. Mr. Argon states this use is affecting his property. It was said there is no reason to have an entrance on the south end of the property as well as the north as there would be roads everywhere.
Mr. Argon also mentioned the cost for alternatives that had been addressed during the Planning and Zoning Commission hearing and the comment was that it would “cost a lot” to do something else, so the public was not given a hard cost or what the other options would be. Mr. Argon’s appeal states it doesn’t make sense that other alternatives were not considered.
Mr. Kimball said if Commissioners were to ask for a copy of the hearing minutes, there was mention of the commercial cost of sand and hauling and the cost generated was quite large. That was talked about at the public hearing before the Planning and Zoning Commission. Chairman Dinning said this landfill extension reclamation plan was dated in February according to Mr. Kimball’s information. Chairman Dinning said for clarity, this matter refers to this specific 30 acres and has nothing to do with the existing landfill site. Chairman Dinning said the document he has states the county may use this 30 acre parcel as a future landfill site, so when verbiage is used stating “may also be used for repository for landfill”, does that mean sand and cover? Mr. Kimball said he used terms such as “generation of inert materials” as he felt it is not a bad area to store inert soils, etc., but not materials that would cause any kind of environmental issue.
Mr. Kimball said this operation would require a totally separate permit for a landfill operation as Mr. Skeen had stated earlier. Mr. Skeen said as he recalls when he had attended a meeting with Idaho Department of Lands, he also had received a letter from Erik Ketner with the Panhandle Health District, that if the county were to ever go through the landfill application process, it would require going through the entire Panhandle Health District and Environmental Protection Agency processes. Before tires, wood, etc., could be deposited into this property, it would have to be a permitted use.
Chairman Dinning questioned if he had captured all of the concerns.
Mr. Argon said he would like to see in writing that he will never see refuse in this location so it cannot become a refuse site. Tires, concrete, and the term “inert materials” have been mentioned and documents state this site can be used as a future repository so it seems like a road the county might want to go down. Commissioner Kirby said he cannot visualize ever burying trash there. Commissioner Kirby said he recalls conversation about this acreage and building a road and that gets the whole project started. The county needs this sand and has been counting on it for many years. Commissioner Kirby said he can understand the neighbors not wanting a hole in this location, but it’s the same as having the little mountain so it could be a lot worse. Commissioner Pinkerton said we are here trying to determine if we should be mining sand so we are not here to deal with landfill matters. It is an appeal against the Planning and Zoning Commission’s approval to allow mining sand. Putting in a refuse is an entirely different application. We can beat that dead horse, but that is not what we are here for today.
Chairman Dinning said the concern is the conditional use permit would allow a repository as submitted in the plan. Commissioner Pinkerton asked if the Commissioners are to approve this as a repository as well. Mr. Moss said Idaho Department of Lands had approved that, but from Commissioners’ perspective, they did not look at the reclamation plan as to whether or not refuse was an issue. The plan pertained to the slopes, overburden, and managing the process of extracting sand from one area. Mr. Kimball said the Idaho Department of Lands reclamation permit is required for any disturbances and any surface mining. The other permits for sand, and not a repository, is the Department of Environmental Quality and Panhandle Health District. Letters from the Panhandle Health District state that this application in no way allows dumping refuse in this hole. Mr. Kimball said the ability to extract sand will enhance the future of our existing landfill as the hole can be filled higher. The title of the plan says “landfill”, but it is just to mine the sand.
Commissioner Pinkerton said this is an overview of everything this site has been approved for potentially, Commissioners are just here to decide if the county is going to extract sand from this location. Chairman Dinning said there are questions about road access and he can understand the concern with the way the verbiage has been brought forward. Chairman Dinning said at the conclusion of this meeting Commissioners need to render a decision within 30 days. Commissioners can uphold, deny, or modify the permit.
Mr. Kimball drew on the dry erase board the portion of property proposed for access to the site. County vehicles would be crossing at a right angle crossing 20 feet in relation to the existing landfill. The risk and dust would be less going that direction. Mr. Kimball said currently county road sand comes out of a particular gate and he would be happy to address matters with his driver. Mr. Kimball explained that he would start in the corner to lend ease to Mr. Skeen’s operation and to appease the farmer. The current road width is 20 to 22 feet. Chairman Dinning said we currently have sand going out now so at what point does the county anticipate bringing fill in. Mr. Skeen said it would be years if he needed to access the 30 acres as he is still using the existing landfill. The first use for this sand is the winter sand. Chairman Dinning asked if that is needed with the expansion of the remaining 40 acres at the landfill. Commissioner Kirby said he can see why Mr. Skeen needs this cover sand.
Mr. Argon questioned why the county cannot start at the south end of the property. Why not move the whole operation to the south end of the property unless the county is basing that decision on one farmer who farms many acres and this is just one section. Vehicles and residents on Chokecherry Road will have access obstructed, according to Mr. Argon.
Commissioner Pinkerton said one of the letters mentioned concerns with site distances. Mr. Kimball said he and Mr. Skeen measured it out and looked at line of site from the Roady’s and Argon’s residences and he doesn’t see a problem with site distance, but he knows they probably do. Mr. Kimball said the criteria would have to be met as far as the approach. The problem with accessing from the north end is the trucks that come out.
Commissioner Kirby moved to continue the meeting to determine if appeals to Planning and Zoning Application #16-040 have merit, to April 18, 2016, at 3:30 p.m.
The meeting ended.
Commissioners tended to administrative duties.
David Byler and Darin Byler joined the meeting.
4:06 p.m. Commissioner Kirby moved to go into executive session pursuant to Idaho Code74-206(1)c, to acquire an interest in real property which is not owned by a public agency. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 4:30 p.m. No action was taken.
4:30 p.m., Jason Myers joined the meeting to discuss a property tax matter pertaining to his mother’s property. Assessor Dave Ryals and GIS Mapper Olivia Drake also joined the meeting.
Mr. Myers explained that he is in the process of setting up Medicaid benefits for his mother and what he has learned about her property creates some obstacles. Mr. Myers said in putting her property up for sale recently, he learned that instead of the property consisting of five acres it now shows as 2.9 acres. This information changes the details of property purchase deal they have so Mr. Myers said he wonders what has happened to the remaining acres. The family has been paying taxes on what was to be a five acre parcel. The price of the sale of property cannot be lowered due to issues setting up benefits through Medicaid. Ms. Drake said she doesn’t change acreage unless she runs across something to warrant a change. The property’s title was being cleared and that is what made her take notice of the discrepancy. Ms. Drake said when she noticed this she went back to a couple surveys in the area that showed where the existing highway is and she got 2.9 acres out of that. Chairman Dinning said short of a survey everything is a guess. Mr. Myers said he had walked the property with a wheel. Mr. Myers said the potential buyer of the property won’t proceed with the purchase at the current price, but the price cannot be lowered due to funding the healthcare benefits without being liable himself. Mr. Myers said it just doesn’t seem right to collect property taxes on five acres when the property hadn’t consisted of five acres so this is not a good situation.
Assessor Ryals said procedurally as far as the process goes, there is no way to go back. The county has to use the process and had no idea this was going on. The five acres was perceived to be there from the deed. Assessor Ryals said it is an unfortunate issue because now we’re dealing with a disclosure issue because the county is now aware of this. Chairman Dinning said legally the county cannot do anything if it wasn’t an error made by the county. The county cannot fix the past, but it can fix the future. Assessor Ryals explained how the county is funded such as they only collect what is used. Mr. Myers said he doesn’t know if property size should be reduced without having a survey done. Assessor Ryals explained that Idaho doesn’t require a survey every time property changes hands so they have to go by deed. Chairman Dinning said the county legally cannot do anything.
The meeting with Mr. Myers, Assessor Ryals, and Ms. Drake ended at 4:55 p.m.
Commissioner Kirby moved to amend the agenda to discuss writing a letter for Economic Development Program grant. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the letter of intent to support the Economic Development Program as it is a time sensitive matter. Commissioner Pinkerton second. Motion passed unanimously.
There being no further business, the meeting adjourned at 4:58 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk