COMMISSIONERS PROCEEDINGS

January 24, 2011

The Board of County Commissioners met in special session pursuant to recess of January18, 2011. Chairman Don Ebert called the meeting to order at 8: 05 A.M. Roll Call. Also

present was Commissioner Stan Leach and Commissioner Carole Galloway.

Minutes and reports received, reviewed and placed on file: LHTAC Meeting Minutes fromDecember 10, 2010; Region II Juvenile Detention Center Advisory Board Minutes October27, 2010; Clearwater County Hospital Board Meeting Minutes January 19, 2011.

Agenda Changes: Chair made the motion to add to the agenda in good faith effort a request

for letter of support for Sheriff Goetz to the POST administrator, Commissioner Gallowayseconded motion, and all voted yes motion passed unanimously.

Also added to the agenda in good faith effort is the request from Public Health to the vote

on the re- appointment of Dr. William Mannschreck to the Board, Chair made the motion to

add to the agenda and sign the ballot, Commissioner Leach seconded motion, all voted yes

motion passed unanimously. Chair asked for deliberation, made the motion to vote on the

re- appointment of Dr. Mannschreck to the Department of Public Health Board, Commissioner

Leach seconded motion; all voted in favor, motion passed unanimously. Chair added to agenda in good faith effort a request from CBC on a grant application for

the North South Trail to the Dept Parks and Recreation for Motorbike Recreation Account

MRA) funds, Commissioner Leach seconded motion, and all voted yes motion passed

unanimously. This is a grant opportunity that the CBC will be applying for in cooperationwith the Forest Service. The Collaborative is concerned with getting back to activemanagement on the national forests and on fire prevention. Governor Otter was contacted to

review the CBC works. They also met with and Director of Parks and Recreation. Funding

available for funding the feasibility study for the North South Trail is the grant application. The County was asked to sponsor the grant application. Chair explained that the Sheriff was

contacted on the application and there isn' t any competition with that department' sapplication. The application is due to be submitted on January

28th.

The project would

encompass trails from Elk City to Avery Idaho. The BOCC can authorize the chair to sign

the application later in the week. Commissioner Leach made the motion to authorize

Chairman Ebert to sign the application to the Idaho Dept of Parks and Recreation for MRA

funds, Commissioner Galloway seconded motion, and all voted yes, motion passed

unanimously.

New /Ongoing /Other Business: BOCC approved and signed expense and payroll claims.

Chair recognizes the passing of Jack Hathaway; the County offers their sympathy andsupport to his family and friends on his passing. Mr. Hathaway provided great service to the

citizens of the County and will be greatly missed.

Commissioners' Meeting Minutes January 24, 2011 Page 1

Clerk Carrie Bird presented the revised draft Management Discussion Analysis for the

outside audit being performed by Presnell and Gage. The FY 2009/2010 management ishighlighted in the compiled statement. The overall revenue from property taxes, PILT

payments, revenue sharing, sales taxes and fee collected for services was lower. The

County received the PILT payment but it was less than the previous year because of twopayments.

A Consolidated Election Fund was set up this year to implement the newly passedlegislation for consolidated elections. Funds were received from the State of Idaho to run the

elections for schools, cities and taxing districts.

The Solid Waste recycling program was updated; it helped lower the costs to the SolidWaste Budget. The Planning and Zoning Budget is getting closer to its goal of becoming selfsustaining. The energy grants were added and the JAG grant received.

The County was awarded CDBG for Konkolville Water Company for water improvement. The Road and Bridge department reported the completion of the 9 Mile Slide Repair with

funding from FHWA, and the Grangemont Road surface rehab project was completed. Any

funds remaining are being held in a trust account for chip seal maintenance on the road. The Social Services received increase in expense claims for medical indigence claims.

The Justice Fund expense was for two vehicle purchases. Ambulance District had large

capital land and building purchase and received grant funds for a new ambulance purchase. The County has levied the maximum allowed for the 2010 fiscal year. For fiscal year 2011

the County anticipates a 3 percent increase in property tax revenue plus a value from thenew construction. The County anticipates a continuation of the down turn in the economyand has applied a conservative approach to the future expenditures and budgeting process.

Corrections were made and a new draft with the changes will be reviewed later in the day. Later in the session the BOCC approved for the MDA changes then submit it to Presnell and

Gage.

At 9: 05 A. M., a motion was made by Commissioner Leach to hold an executive session todiscuss medical indigents with Social Services Director Lauri Stifanick, seconded by

Commissioner Galloway. Chair Ebert declared the Board to be in executive session as

authorized by Idaho Code 67- 2345( 1) ( d), to consider records that are exempt from

disclosure as provided in chapter 3, title 9, Idaho Code. Chair, Aye; Commissioner Leach,

Aye; Commissioner Galloway, Aye; motion carried unanimous. The Board came out executive session and approved case # 091510 -59 for additional

claims; approved case # 113010 -17 and case #011311 -19, denied case # 112910 -16.

Approved and signed Lien on case # 012111 -20; signed Release of Liens on case # 102510-

06. Approved and signed Findings of Fact on case # 092010 -60; signed Order to dismiss

case # 102510 -06 and signed Order of Reimbursement on case # 092010 -60. Chair Ebert

made the motion; Commissioner Allen seconded motion. All ayes, motion carried

unanimous.

Commissioners' Meeting Minutes January 24, 2011Page 2

Sheriff Goetz provided a report from the department. A request for a letter of support to thePOST Administration was reviewed. Goetz applied for an executive administrationcertification. This is the highest POST level in the State of Idaho. He was the first participant

to pay his own way through the POST academy. Commissioner Leach made the motion to

sign the letter of support, Commissioner Galloway seconded motion, and all voted yes, motion passed unanimously.

The grant application for the North South Trail was reviewed. The Sheriff doesn' t have

any applications that will compete with those funds.

The Sheriff's office is contracted with the Imperial Oil Company /ISP to provide publicsafety for a turnout below the Pink House to guard the turn out before the Mega Load to parkduring the day. They will have a barricade in place before the loads come to be parkedovernight.

The Tribal Bill- House Bill 33 was discussed. The concern is that the Tribal Law

enforcement is not accountable to anyone and if it' s strictly for public safety is should bereciprocal. The legislation affects the whole state when the problem appears to be caused

from relationships between CDA Tribe, Kootenai County and Benewah County. The

legislation would impact the County and court system thousands of dollars and place ahardship on the court system and law enforcement agencies. IAC and the Sheriff's

Association push for an agreement are worked out between the above said entities.

At 10: 00 AM., the BOCC held a public hearing to hear testimony for the proposed ClearwaterCounty Comprehensive Plan and to hear the recommendation of the Planning & ZoningP &Z) Commission on the changes made and make a decision on adoption of the plan.

Present were Bobbi Kaufman, P &Z Administrator and TJ Bruce P &Z Commission Chairman.

This hearing was tape- recorded. Chairman Ebert opened the hearing. No one from the public was present for the hearing.

Chair asked Ms. Kaufman to review the changes made from the last workshop. The public

was noticed of the material changes to the draft. The Tribe did not respond to the request for

comment on the plan. The Idaho Department of Lands did respond with corrections on the

Appendix page only. The changes have been properly noticed and no comment wasreceived from the public.

Chair commended the P &Z Commission on the efforts placed in the draft of the Comp Planand keeping on the task to bring it to public hearing.

Chair opened the floor for public comment. There was no written correspondence

received, no one from public to testify for, against, or uncommitted on the draft Comp Plan. Chair closed hearing for testimony and initiated Board deliberation. Commissioner Leach

stated that the County is ready to adopt this draft and move forward from here. He

appreciates the efforts of the administration and P &Z Commission for all the research in

drafting the comp plan. There being no further testimony or deliberation, CommissionerLeach made the motion to adopt the Clearwater County Comprehensive Plan, Chairseconded motion, he offered the comment that the Comp Plan is a land use item that needs

to be worked on periodically.

Further discussion, Commissioner Galloway offered that the

Commissioners' Meeting Minutes January 24, 2011 Page 3

Comp Plan needs review annually or every two years as needed for future changes. Chair

asked roll call vote, Don Ebert Yes, Stan Leach Yes, Carole Galloway Yes, motion passedunanimously.

The Board directed the administrator to meet with Clayne Tyler to make the

P &Z update with Bobbi Kaufman. Commissioner Leach commended the P &Z Commission

on their meeting protocol during the swearing in of two new members.

At 10: 25 A.M., a motion was made by Commissioner Leach to hold an executive session todiscuss personnel with Les Eaves, seconded by Commissioner Galloway. Chair Ebert

declared the Board to be in executive session as authorized by Idaho Code 67- 2345( 1) ( b), to

consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho

Code. Chair, Aye; Commissioner Leach, Aye; Commissioner Galloway, Aye; motion carriedunanimous. No decision was necessary.

The new Ambulance in Pierce requires having the front end realigned. The company didnot recall the Ambulance but advised that the issue should be corrected. The front end is an

issue from the time it was received. It will be reheated and aligned and bolted back together.

They anticipate that it will require a recall. He is taking the ambulance to Boise for repairs. The Ambulance Services Agreement still needs to be approved and signed; it was

delivered to Clayne Tyler for legal counsel review.

Attorney Deb McCormick met with the BOCC to discuss the Conflict Attorney portion of thePublic Defender Contract. Clayne Tyler explained that this portion of the contract was filled

by Jack Hathaway. The conflict attorney is paid in the amount of $2, 500 monthly with theterm of the contract in effect until September 30, 2013. Tyler explained how the contract

works and what type of issues require having a third attorney. The time deadlines are inquestion for her to travel from Moscow for these hearings. There needs to be a local number

for clients to be able to contact her. Charles Kovis has a local office she can access. The

conflict attorney would need to cover misdemeanor and felony charges when assigned by thejudges.

The active files are stored in Charles Kovis' local office. Either Kovis or Chris Lamont can

show her where they are. The staff from the Prosecutor's office will help create any

documents that are not in Hathaway's files. The files need updated and can be reviewed bythe Prosecutor' s office. Clayne Tyler will draft an assignment of the conflict portion of the

current contract.

The current contract was paid up for the full month of January and this Assignment willhave to be prorated for six days for the case work Ms. McCormick has been assigned byJudge Stegner.

Commissioner Leach made the motion to sign the Assignment of the Public Defender

Professional Services Contract (Conflict Public Defender) to Deborah L. McCormick,

Commissioner Galloway seconded motion, and all voted yes, motion passed unanimously.

Commissioners' Meeting Minutes January 24, 2011 Page 4

At 11: 35 A. M., a motion was made by Commissioner Leach to hold an executive session todiscuss personnel with Clerk Carrie Bird and Prosecutor Clayne Tyler, seconded by

Commissioner Galloway. Chair Ebert declared the Board to be in executive session as

authorized by Idaho Code 67- 2345( 1) ( b), to consider records that are exempt from

disclosure as provided in chapter 3, title 9, Idaho Code. Chair, Aye; Commissioner Leach,

Aye; Commissioner Galloway, Aye; motion carried unanimous. No decision was necessary; the Board took the information under advisement.

IT /Networking /Re- addressing report was reviewed with Angela Vander Pas. Assessor

Mellisa Stewart and Carolyn Steiner dropped in to see if IT could give them information on

web based Parcel Viewer. Arc Server is used to house the web based version of Parcel

Viewer. Ms. Stewart asked if the splits can be completed by Carolyn Steiner instead of

sending the info to GMCI for processing. The splits don' t get back from 1 month after the

parcel is valued. Steiner does the splits on the parcel layer then gives the info to Joann

Kelly for value set up on Proval. The problem with Parcel Viewer not being up to date is when the RP number is changed

by the mapper and appraisers go to work on the file on the parcel layer they can' t find thenew file. It isn' t caused by delay in GMCI' s work, it' s changing of the number in one placethat affects the whole layer then it can' t be found.

Ms. Vander Pas is working on the parcel viewer as part of the addressing layers on theArc Server. There are fourteen layers to be in the Arc Server that link with the parcel layerdata. Accuracy of the data is paramount for all the departments. IT is working on the whole

data base in conjunction with the mapping, addressing and E 911 roll over. Then during the ongoing work the State wants to change the name under the Sequel data

base for Parcel Viewer ( Proval). The change was made by the State Technician, and then

the County' s program couldn' t find the name under the "common server." Creating ashutdown of the system until the problem could be found. A test will be run on the name

change and then Joann Kelly can check the data from a link to AS 400. The State' s abstract

would not run unless the name was changed. There will be a gap until the State is completewith their change. The Assessor will be kept apprised of the development of data on the Arc

Server. Ms. Vander Pas suggested that the department go onto the internet and review the

Arc Map data that Missoula County has online, since it will be similar to that. The Frontier Sales representative has left the company and a new person will take over

for the update on the equipment for E 911. There is a new product that Frontier has called

Metro Ethernet option that would connect the courthouse network to Coon Annex Building,

LCSC, MHQ and the Ambulance building. This would bring 20 Megs for internet broadband

for the courthouse and 5 Meg to the outlying offices. A letter of intent would be required if

the County is interested. The letter doesn' t obligate the County, just to show interest in theproduct.

They also have a PRI -for the phone system would allow for call waiting and transfer. ADID could be written across it and lump the phone extension. This would require the

Commissioners' Meeting Minutes January 24, 2011Page 5

replacement of the phone system. Frontier is putting in the infrastructure that the Countycould join in.

Ms. Vander Pas asked if there is a vehicle that used by GPSing for the addressing. The

Board asked for her to contact Rob Simon and Chris Goetz.

Chief Deputy Susan Spencer presented information on a HOE that the BOCC granted by wayof a cancellation on the property owned by Roy Thornton, MSgt USAF, who is in the militarystationed in Alaska. There is new information on the address of the landowner. A HOE was

granted in 2010 by a cancellation ordered by the BOCC because the mother and son wereliving in the house while he is stationed in Alaska. The landowner lives in Alaska and claims

that State' s residency according to new information that they found. The person does not file

taxes in Idaho. Ms. Wetmore found that MSgt Thornton files Alaska residency, it' sdocumented on federal income tax returns. ( He gets a pipeline benefit as a resident of

Alaska also according to appraisers' info). Allegedly the pipeline benefits have been claimedby the landowner since 2005. The appraisers have documented information on the

landowner that he has established Alaska residency. The Assessor recommends the HOE

is removed on the parcel. A letter will be sent to the landowner to provide proof of Idaho

residency or the HOE will be lost because of new information the Assessor has collected. Ms. Stewart asked the Board to back their action.

The Board asked that he could put the property in the son' s name to continue getting aHOE on the property. The mother is now deceased. The son is eighteen and can hold title to

the property. That is an option that Thornton has.

Rob Simon reported on the road crew work. The Mason Butte Road is closed to heavy

hauling because of the warmer weather. Kyle Wetmore asked to be notified if the road

opens back up for hauling. Johnson Mill Road is still frozen and hard, the hauling contractorplaced gravel on the soft spots. The mill will change the hours for operations to get the trucks

off the road by 11 AM. The Whiskey Creek Loop Road is softer and will have to be watched

closely. The hauling can continue there if the weather stays freezing. The contractor will

rock the road after they are finished hauling. The Mason Butte Road is too soft and closed to hauling. The Grangemont Road still looks

good. There are potholes after you cross the Orofino Creek Bridge on the portion that was

not resurfaced.

The culvert on Bobbit Bench Road is being cleaned out. The operator is setting the rockoutside of the road.

The Orofino Creek Bridge project was discussed. Mike Moffett called to see if the Countyhas selected qualified ROW acquisition specialists on the bridge project. LHTAC explained

that the ARRA funding may be lost if the County doesn' t complete the terms of contract. Chair suggested advertising for the qualified proposals. There is a pre - scoping meeting on

the project at 9 AM on January27th.

They will view the site for a design. Simon requested discussion on equipment purchases. The budget has $ 245, 000 for

capital purchases. What does the BOCC want him to purchase? Simon suggests

purchasing two pickups, a lowboy truck and smaller loader for cleaning the ditches. The

smaller loader would be more maneuverable on narrow roads. A new broom is necessary

Commissioners' Meeting Minutes January 24, 2011 Page 6

to replace the small one. The County could look for a used farm tractor and load the broomon the front. The broom would be run off of the hydraulics of the tractor. The last item

needing replaced is the vibratory roller. What is the position of purchasing equipment at thistime? The pick -up replacements are necessary. The broom needs further discussion. If

the broom is added to front of backhoe would require more hydraulics. The vibratory rollerneeds to be updated. There are some good used vibratory rollers on the market. This maybe the time to try purchasing leased returned equipment. The consensus is to talk about it.

A BST treatment could be placed on Upper Fords Creek Road for a capital improvementproject in place of equipment purchase. Commissioner Leach suggested inspecting at therepairs at the end of the blade laying since the trucks are off it. The County shouldn' t spendmoney on paving a segment of road in the middle while the entire road needs work. Leach

would rather see the County replacing more of the base layers and leave that section gravel. The base needs to be solid before placing BST.

The Transfer Station Backhoe has 10, 000 hours on it. This Backhoe doesn' t get too muchuse, but is gets hot and dusty. There are funds budgeted for a replacement. The consensusis to see what the trade in value is. The motor rebuild on the John Deere is $ 10, 000. The

Repairs and Maintenance budget can absorb the trailer repairs. The fund balance for Solid

Waste Budget was better last year. The recycling has helped. The Backhoe replacement

should be a John Deere in order to keep the tires and rims. The consensus is to solicit bids

for a backhoe.

Terry Blessing with the Division of State Building Safety Inspections reported on the PublicWorks Licensing requirements. The State mandates the licensing of contractors that bid onprojects for the counties, cities or taxing districts. The State inspects for public safety andinspects private homes electrical. Public Works licensing is required for projects thatpublically funded. Mr. Blessing reviewed the requirements. The Public Works law for

licensing and procurements were reviewed. The licensing for bidding on projects forconstruction was reviewed. The requirements have changed for the bidding requirements. Any project over $ 10, 000 requires a public works licensing. The statutory requirements forthe licensing of contractors were reviewed. Mr. Blessing works closely with the building andplanning department. License fees and permit fees funds the department. Any local taxingentity has to follow the public works licensing requirements.

If combined total of project is over $ 10, 000 all contractors, subcontractors have to be

licensed. Mr. Blessing provides the training for contractors from Riggins to the Canadian

border. The licensing and bonding are reviewed annually for licensing. The 2008 legislative

session brought updates for the licensing requirements. The licenses can be checked on the

State web site. There are four field people and two office people that cover the Division of

Building Safety. They would like to get board representation from the area.

The changes in the statutes were reviewed as asked by Commissioner Galloway. The

naming law of contractors was reviewed. The names and license numbers have to be listed

on the actual bid packet of a job.

Commissioners' Meeting Minutes January 24, 2011 Page 7

Doug Gober, North Fork District Ranger and Travis Mechling District Engineer provided anoverview of the Senate Bill 1098 legislation. The regional foresters have mandated that a

mixed use study is completed for the roads on the Clearwater and Nez Perce National

Forests that have OHV users travelling on them. Doug Gober commended the County onresurface work on the Grangemont Road. The condition of the road is great.

Gober explained the mixed use study is a result of the Senate Bill 1098 modifying IdahoCode for the off - highway vehicle licensing requirements. The mixed traffic is defined as

licensed vehicles travelling with vehicles unlicensed in the national travel plans rules. The

legislation change on the licensing rules for ATV use with licensed and unlicensed usebrought about the national forests in Idaho having to undertake a safety review of the currentroad system. Regional Foresters are compelled to do an evaluation of all the roads that maypose a problem with vehicle uses that could require additional safety measures.

A consultant identified " Roads of Concern" as mapped from the more than 3600 miles of

roads and trails currently open for motorized uses. The maps were posted on ClearwaterNational Forest website. The preliminary evaluation and list of roads of concern has beendeveloped. Gober provided a list of the roads in Clearwater County portion of ClearwaterNational Forest. Later a more detailed analysis is necessary. They are looking forcomments on the roads or segments of roads identified at this time. They are trying to collectinformation on concerns and how to mitigate them to make the roads safer. Letters can be

sent electronically regarding to comment on the roads of concern.

The overview map of Roads of Concern was reviewed. Travis Mechling gave theoverview on the components of roads of concern. The rating on severity of road characterand the probability of accidents is a portion of the roads being evaluated for safetyimprovements. The map was explained by location points that identify the potential safetymitigations.

The roads are identified in color by the maintenance level 3, 4, and 5 labels for the widthand type of surface that is maintained. They are paved two lane, two lane gravel and singlelane were focused on in this current study. These roads are travelled at a higher rate of

speed. A consultant from Montana developed the process for labeling roads for review forthe mixed use study. The traffic characteristics were identified for probability of incidents tooccur or severity of damage if event occurred. Traffic type is identified for rating ofprobability and severity. A composite of risk is developed for ranking. The rating systemwas developed just in the office, and then this summer they will take records out into the fieldto gather on site data.

A preliminary cut of the roads were how they came up with the evaluations taking placewas discussed. They picked roads that are busy and included in the ATV trail systems. The

roads are driven according to the character of the roads. The characteristics of the roads and

unlicensed drivers drove some of the roads to be included in the initial mixed study. This

opens the opportunity to view sites that may require some minor improvements like brushingand signage. They want to only restrict some unlicensed operations to provide a safeexperience for all forest visitors.

Commissioners' Meeting Minutes January 24, 2011 Page 8

The legislation drives the mixed use study to clearly identify training, supervision andlicensing of operators. The legislation is under revision this legislative session. The road

classification may be done on restricting vehicle use instead of road closure. The Countycan restrict operators on County roads within the national forest. The County has not placedrestrictions until after legislation is perfected.

The training requirements on ATV operating were discussed. That is a key component onthe mixed use of national forest roads. New proposed legislation is SB 1001 was reviewed.

The State approved certified safety course is part of the revised law. The supervision of the

in control adult" of within 300 yards is questionable.

The restriction of vehicles is the last resort for the local forest supervisors. All other

mitigations to take place first. There haven' t been ant State wide accidents between

licensed and unlicensed travelers. Mechling suggested posting speed limits that has to be

backed up by engineering speed study. Speed ratings were never part of the original

engineered roads. The engineering consultants walked the forest supervisors through thepreliminary study to use as the models on the Roads of Concern.

Mechling explained that the consultants' records did not recommend any road closures; they stated that all could be mitigated. The main roads travelled can be mitigated. The

comments period is to review the labeled roads of concern listed in the preliminary studyguide. Chair asked if FS will do everything to work with the County to get through thisprocess. Gober said he would do everything internally that he can do. The forest

supervisors may have the last say in road mitigation as result from the mixed use study. February

22nd

is the deadline for the comment period.

Approve /Deny /Sign: Chair Ebert made the motion to approve and sign the liquor license

renewals, Commissioner Leach seconded motion, and all voted yes, motion passed

unanimously. BOCC approved and signed the liquor license renewals for Orofino Yacht

Club, Tom' s Tavern, Country Catering /High country Inn, Pierce Mini Mart, Riverside Lanes, Elk Horn Bar and Riverside Sport Shop.

John Leonard, Facilities Manager reported on the Coon Annex Building. Also he will be on a

three week medical leave. There are two employees that will fill in while he is off.

Commissioner Galloway brought up discussion on a meeting over the Wolf Issue. A seminar

will be in Boise, February 16th on the issue. Is anyone attending, she would like to do so.

Commissioner Galloway asked if the County would pay for travel and motel expenses toattend a meeting on the Wolf issue hosted by a retired Wildlife Officer. Chair suggested that

the Board has covered the expenses from attending the meetings. The consensus is if Ms.

Galloway is attending the meeting the travel expense will be covered. Chair advised that the

travel budget has to be watched, since they expend almost the full amount each year.

At 5: 05 P. M. the Board adjourned until January 31, 2011.

Commissioners' Meeting Minutes January 24, 2011 Page 9

ATTEST:

Carrie Bird, -Clerk

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Don Ebert, Chairman

Commissioners' Meeting Minutes January 24, 2011 Page 10