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***Monday,
August 12, 2013,
Commissioners met in regular session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and
said the Pledge of Allegiance.
9:00 a.m.,
Road and Bridge Superintendent Jeff Gutshall
joined the meeting to give his departmental
report. Mr. Gutshall presented a written report.
Commissioner Kirby moved to amend the agenda for
today at 1:30
p.m., for discussion on airport
matters to include the county attorney as it is
time sensitive. Commissioner Pinkerton second.
Motion passed unanimously.
Mr. Gutshall said he has applied glycerin to
roads using the Road and Bridge truck so he will
see how it works out. Commissioner Pinkerton
said it has worked wonderful for him.
Commissioners and Mr. Gutshall discussed the
glycerin for dust abatement. The weight of one
gallon of this material is 10.35 pounds. Mr.
Gutshall said he has a slip tank on board for
the new diesel so he will try that. Chairman
Dinning asked if glycerin will have any affect
on the ground for the ability of the pavement to
bind. Mr. Gutshall said this is a binder so if
it actually repelled the asphalt, he doesn’t
know, but he would tend to be a bit careful with
that. Copeland Road
may be a good road to experiment with glycerol
since it is a short section. Mr. Gutshall said
he doesn’t expect problems.
Mr. Gutshall said District 5 Road has been
graded and Road and Bridge has re-watered areas
around the county. Mr. Gutshall discussed
catching up on sign work and brushing on various
roads. Road and Bridge has worked to clean up
the boat launch at Deep Creek to open up the
launch area. Mr. Gutshall said the Copeland boat
launch looked okay, but he would be up there
today and will take a look.
Mr. Gutshall said he got the navigation lights
working underneath the
Copeland
Bridge. This week Road and Bridge
will be working on
Copeland Road
to lay fabric and rock and build it up. Mr.
Gutshall said there is still some potential
roadside mowing. Mr. Gutshall reviewed more
details of his department report.
Chairman Dinning said since harvest is coming
would Mr. Gutshall have time to grade the roads
that would be used.
Mr. Gutshall said he had left a message for
Larry Vandenberg to help answer questions about
Wheatland Road. Mr.
Gutshall explained to Commissioners what
information he told Mr. Vandenberg in that the
county cannot do the research and that Mr.
Vandenberg needs to contact a title company.
Chairman Dinning asked Mr. Gutshall where he’s
at if there is no Secure Rural Schools funding
coming in. Mr. Gutshall said he could get
through another budget year such as through
October 2015. Half of the funds needed to
operate at current levels would no longer be
coming in. Mr. Gutshall mentioned operating at
bare bones at this point as he needs to make
sure dust abatement gets done. Mr. Gutshall
spoke of the graders and he said the
appropriation clause can always be utilized if
the county can no longer pay for the equipment.
Mr. Gutshall said he’s laid off two positions
and gotten rid of one machine at this point. In
the upcoming years, his department could see a
couple retirements, etc., so he could look at
cutting in certain areas.
Mr. Gutshall said there hadn’t been a 3% cost of
living increase for a few years, but the
county’s revenue has increased and he questioned
how the county has survived. Mr. Gutshall
discussed the difference in the amount of miles
that used to be chipsealed compared to now. Mr.
Gutshall said he feels the county is way ahead
in this matter by staying caught up in
chipsealing, etc. The cost is approximately
$16,000 for one tanker of oil to chipseal, plus
rock, which is made by Road and Bridge,
according to Mr. Gutshall.
Commissioner Pinkerton asked if the mud bog had
any affect on Highland Flats Road. Mr. Gutshall
said what affects the road more are the trucks
hauling snowmobiles.
The meeting with Mr. Gutshall ended at
9:35 a.m.
9:35a.m.,
Courthouse Maintenance Jerry Kothe joined the
meeting to give his departmental report. Mr.
Gutshall presented a written report. Mr.
Gutshall has patched the RV dump site, according
to Mr. Kothe. Mr. Kothe said he has worked on
the soccer goals, mowed the goal sites, gone
through the filters for the air conditions,
changed the oil in his department pickup, put in
a new washer in the other pickup truck, worked
on County GIS Mapper Gary Falcon’s air
conditioner, and unloaded the paper bins.
Mr. Kothe said Parks and Recreation Board member
Rob Tompkins inquired about the
whereabouts of the drag and screen and it turns
out the equipment was found somewhere else, but
has since been retrieved.
Mr. Kothe said a person from
Libby,
Montana was recommended to him to work on
the roof of the Courthouse.
County residents Larry DeVore and Dave Jurgensen
joined the meeting at
9:40 a.m.
The meeting with Mr. Kothe ended at
9:41 a.m.
Mr. Jurgensen said he wanted to revisit the
speed limit through the intersection at Three
Mile. Mr. Jurgensen said there had been other
attempts to write letters to reduce the speed
limit, but they were encumbered by other issues
such as the speed limit at the golf course.
There are enough safety reasons at the Three
Mile location to justify a reduction. Mr.
Jurgensen said he wants to request a letter be
sent to the State of Idaho
that only references the Three Mile location
this time and to reference the fire department,
Border Patrol Station, weigh station and church
as examples as they are all in close proximity
to this intersection.
Bonners Ferry Herald Reporter Laura Roady joined
the meeting at
9:43 a.m.
Mr. Jurgensen said the local people know what
they’re getting into as they approach that
intersection, but other travelers just blow
through it so why not be proactive. Mr.
Jurgensen said if that intersection is addressed
specifically, he feels it’s a no brainer. This
is a request to send another letter to the state
and to exclude other locations as they can be
addressed as they come up. Mr. Jurgensen said he
would let the state be the decision maker as to
where to put the speed limit sign. Chairman
Dinning mentioned Damon Allen, Idaho
Transportation Director Neff at the state level,
District One representative Jim Copeland,
senators, and representatives as people to
contact. The last two letters sent indicated the
state had studies done every so often, and the
last study done was 16 years ago, according to
Mr. Devore.
Chairman Dinning said Commissioners will put a
letter together.
The meeting with Mr. Jurgensen and Mr. DeVore
ended at 9:49
a.m.
Commissioners tended to administrative duties.
Deputy Clerk Nancy Ryals joined the meeting at
9:55 a.m.
Commissioner Pinkerton moved to go into closed
session under Idaho Code 31-874. Commissioner
Kirby second. Motion passed unanimously.
9:56 a.m., Commissioner Kirby moved
to go out of closed session. Commissioner
Pinkerton second. Motion passed unanimously.
Commission Pinkerton moved to deny indigent
applications 2013-21 and 2013-27. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to approve indigent
application 2013-28. Commissioner Kirby second.
Motion passed unanimously.
Deputy Clerk Ryals left the meeting at
9:56 a.m.
Commissioners tended to administrative duties.
10:00 a.m.,
Kyle Flory and Rob Tenas of
Kyle and Rob Productions joined the meeting.
Mr. Tenas said he and Mr. Flory are just
chugging along and now have footage of the
Neumeyer Mill. The next step is to speak with
Tom Foust to get more information on logging and
other than that Mr. Flory and Mr. Tenas said
they are just keeping on track and maintaining
the concept. Mr. Tenas said he and Mr. Flory
will get to the hatchery this week. Chairman
Dinning said Bob Blanford would be a good
contact as he is a retired resource planner at
the mill for about 20 years.
Mr. Tenas said he and Mr. Flory are receiving
comments on what is good and what is bad about
timber related regulations. Chairman Dinning
said Region 1 is the most litigated area in the
United States
pertaining to timber related issues. Half of the
cost of timber and land management goes into
litigation.
Chairman Dinning asked how funding is going. The
full contract is for $20,000 and $10,000 has
been given to Kyle and Rob Productions at this
point. It was suggested that Mr. Flory and Mr.
Tenas look into asking for donations. Clerk
Poston suggested Mr. Flory and Mr. Tenas attend
a Rotary meeting and ask for donations.
The meeting with Mr. Tenas and Mr. Flory ended
at 10:15 a.m.
Commissioners reviewed claims for payment. Fund
totals are as follows:
Current Expense
$36,899.28
Road & Bridge
261,407.94
Airport
3,054.14
Ambulance
169.54
District Court
6,615.68
Justice Fund
47,253.86
911 Funds
5,650.30
Indigent & Charity
16,954.93
Parks and Recreation
19,496.34
Revaluation
961.06
Solid Waste
6,906.45
Tort
1,930.00
Veterans Memorial
3,450.05
Weeds
633.51
County
EMS
797.25
Restorium
12,364.88
Waterways
101.58
Grant, Emergency Communication
45.42
Grant, Fire Mitigation
9,055.00
TOTAL
$363,575.69
Citizens are invited to inspect detailed records
on file in the Courthouse (individual claims &
Commissioners’ allowance & warrant register
record 2013).
10:30 a.m.,
South Boundary Fire Protection District Chief
Tony Rohrwasser joined the
meeting to discuss details of a countywide
communications grant.
Chief Rohrwasser said he wanted to give
Commissioners a heads up about a communications
grant and maybe request Commissioners fill a
position on a panel when going out for bids.
Boundary Volunteer Ambulance President Ken Baker
joined the meeting at
10:25 a.m.
Chief Rohrwasser spoke of working with the
Bureau of Homeland Security to obtain funding so
all local agencies can work as a group to
improve communication shortfalls. The Fire
Chief’s Association is working to meet mandates
for narrow band and is way ahead of the crowd
thanks to Boundary County Emergency Services
Director Dave Kramer and the Bureau of Homeland
Security. One issue is now that there is narrow
band a lot of communication has been lost with
the portable radios. For fire departments and
emergency services and with everyone being a
volunteer, the portable radios are necessary.
There are a lot of holes in communications due
to the mountainous area.
Chief Rohrwasser discussed working on a
simulcast system called Fire 1 for fire
departments and emergency services and the main
reason being so communications don’t get dropped
here or there. Chief Rohrwasser explained the
way the repeater works with frequencies, but
there are some holes throughout the county.
Chief Rohrwasser also explained how the
simulcast system would work. South Boundary Fire
District applied for a regional grant for the
local fire department and the grant was funded.
Right now the channel will be for the Fire 1
frequency for fire departments and ambulance.
Putting in this new simulcast system also
creates infrastructure such as if the Sheriff’s
Office wanted to put in a channel frequency,
they could. The Wildlife Refuge is also showing
interest.
Chief Rohrwasser said putting a site on Dawson
Ridge, towers in Bonners Ferry, a site in the
Mt. Hall area, and the South Boundary Fire
District station at Fall Creek will cover a lot
of the holes. The initial feedback from the
grant is that the construction of towers
wouldn’t qualify, but the rest of the grant
request would. Chief Rohrwasser said Mr. Kramer
was approached about using this year’s Bureau of
Homeland Security funds, which is year 2012 or
2011 for approximately $18,000. Those funds
could be used to build a tower as it’s not
connected to a federal grant. A bid from Day
Wireless just came in for tower construction.
Mr. Kramer said he is looking into combining
funding years. It was said Deanna Galbraith at
Boundary
Community Hospital
could assist Boundary Volunteer Ambulance in
writing for an Assistant Secretary for
Preparedness and Response ASPR Grant for
improved communications for fire and ambulance
in areas near the Canadian border. The Hospital
has turned the grant over to Boundary Volunteer
Ambulance who is working on that now. President
Baker said he is waiting for some information
from Mr. Kramer.
Chief Rohrwasser discussed going out for bid,
and he said he has talked to Mr. Kramer and the
Sheriff about sitting on a panel and now he
would like to know if a Commissioner wanted to
sit on the panel to give input. Chairman Dinning
said he feels it would be more appropriate to
have someone from the Sheriff’s Office on the
panel.
Commissioner Pinkerton asked questions about
frequencies. The grant will be for one
frequency, but if the Sheriff’s Office wanted to
improve their communications, they could reapply
for their license and tie into the one
frequency. Commissioner Pinkerton asked about
bouncing off repeaters and asked if there is
still a local frequency if communications do go
down. Chief Rohrwasser said there is the Fire 1
and Fire 2 channel and Fire 1 bounces off a
repeater and Fire 2 is from car to car without a
repeater. Chairman Dinning asked what the costs
are if the Sheriff’s Office wanted a whole new
repeater. Chief Rohrwasser said only a repeater
would have to be purchased for each site.
Chief Rohrwasser said he just wanted to bring
Commissioners up to speed. Commissioner
Pinkerton mentioned P25 compatibility and asked
if the City of Bonners
Ferry
is also P25 compatible. Commissioner Pinkerton
said he or Commissioner Kirby would sit on the
panel. Chief Rohrwasser explained that the tower
is 100 feet tall with guide wires and that he
had checked with the County’s Planning and
Zoning Administrator to learn that no permit is
required.
The meeting with Chief Rohrwasser ended at
10:50 a.m.
County resident Larry Vandenberg stopped by
Commissioners’ Office at
10:50 a.m.
Mr. Vandenberg informed Commissioners that a
neighbor of his trespasses on his property and
over the fence line, which has been there for 70
years. Mr. Vandenberg said he doesn’t care if
the surveyor has moved the lines, because they
would be wrong. Chairman Dinning asked Mr.
Vandenberg if he has contacted the Sheriff’s
Office. Mr. Vandenberg mentioned the neighbor
had a shot gun. Chairman Dinning said the survey
is not anything the county can deal with. It was
said there are five to seven years to dispute a
fence line and that time has passed. Chairman
Dinning suggested Mr. Vandenberg check on a
title report to see if the property has a county
easement.
Mr. Vandenberg left at 10:55 a.m.
Commissioners tended to administrative duties.
11:40 a.m.,
Commissioners spoke to County Public Information
Officer Mike Meier
via telephone regarding various matters. The
call ended at
11:42 p.m.
Commissioners recessed for lunch at
11:55 a.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., Airport Board members Pat Gardiner,
Don Jordan, Kristi Kline, Mark Weber, and Jay
Wages; and JUB Engineer Brad Niemeyer met with
Commissioners to discuss airport issues. Also
present was County Civil Attorney Tevis Hull who
participated via telephone.
Attorney Hull
brought those present up to speed on his
conversation with Mr. Niemeyer. Attorney
Hull said JUB has to get a grant
offer from the federal government and that is
done by Mr. Niemeyer sending the application for
the grant and an email that Attorney Hull has
reviewed title reports and there is no issue.
This documentation is then sent to the Federal
Aviation Administration (FAA) and in
approximately one to two weeks, the FAA responds
with a grant offer to sign by Commissioners who
then send it back. The properties to be acquired
will go through the closing process and in about
two weeks, money from the federal government
will be in an account.
Once the grant offer is signed by Commissioners
those monies in a general account would be line
items to a specific sponsor account and then the
process of issuing payments would occur.
Attorney Hull
said as far as timing, it may be two to three
weeks out, which is the critical issue he had
discussed with Mr. Niemeyer. The county would
have to cut a check for approximately $600,000
and carry that check for approximately two to
three weeks until the FAA can send
reimbursement. Discussion also took place on
ways to write a contract to not fund the project
until money is received from the federal
government. Attorney Hull
said the county has to show the FAA the check
listing who is getting paid and the date, but it
doesn’t sound like a cash check has to be shown.
Mr. Niemeyer mentioned getting Roxanne Grimm on
board to discuss her experience. Ms. Grimm is a
sub-consultant with Epic Land Solutions working
with JUB on relocation. Mr. Niemeyer said most
of the information Attorney Hull provided is
what they had discussed.
Mr. Niemeyer said he was going to talk to the
FAA about this issue, but he is not getting
farther in that process. The FAA is still
sticking with certificates of title to be signed
off by the county’s attorney and of their review
of the entire package. The certificate of title
is the document that Attorney Hull signs off on
stating the county owns the property free and
clear and that the properties wouldn’t impact
the operation of the airport. Attorney
Hull said when he went
through that form, it was really the sticky
issue as it’s one thing to go through the title
report, but another to put his name on a
certificate of title and that is the big issue
he and Mr. Niemeyer talked about. At this point,
there has been no cash exchange or transfer
until closing and that coincides with a money
exchange, which is the issue Attorney Hull and
Mr. Niemeyer got stuck on.
Chairman Dinning asked if the FAA would be
satisfied if the county was to enter into an
agreement, give the property owner a deed of
trust and the county would have title subject to
a lien. Mr. Niemeyer said yes.
Mr. Niemeyer said he had the sample contract
sent to Attorney Hull. Basically the contract
would be used to purchase property, put that
owner in a lease agreement and receive title of
the property so the process could go forward.
That grant didn’t exist for that situation so
that is how that arrangement was processed to
get a title prior to actually paying off that
landowner. Attorney Hull
said the transaction had a $5,000 down payment
and then the title was transferred and there was
a lease agreement that the former property owner
could stay on property for 24 months and only
have to pay some excise payments. Chairman
Dinning said that would show as a lien for that
kind of deed of trust, but that is different
than a lease. Attorney Hull
said there had actually been a rental agreement
and deed of trust. Mr. Niemeyer said this is a
sample of what can be done for at least a deed
of trust.
Attorney Hull
asked who would work with the relocation money
for the property owners and if the property
owners are relocated prior or after sale. The
relocation money is separate from the purchase
money, but this funding typically comes at the
same time, according to Mr. Niemeyer. For this
situation the title would be obtained and
someone would work with the landowner as to when
they need relocation money for a down payment on
a house. Then a check could be cut in the future
based on a deed of trust per that agreement.
Attorney Hull
gave an example of having a closing date of
September 1st and a purchase price of
$100,000. An agreement could be written that
funding would be received at closing and there
would be a deed of trust for the purchase price
with a lease for approximately 90 days. Mr.
Niemeyer said we would want to cater to the
sellers on the conditions and that is where Ms.
Grimm comes in. Chairman Dinning said even the
relocation money is covered by the grant and
application. Mr. Niemeyer said we will want to
shorten that time as much as possible. The
certificate of title is the key. It was asked if
Attorney Hull would sign a certificate of title
with a deed of trust on it. Attorney
Hull
said he could explain that there was a deed of
trust and he could sign a certificate of title
because he could show unencumbrance on the
county, but he doesn’t see how that handles
relocation money. Attorney
Hull
said he would be more willing to do that under
the circumstance. The only other thing brought
up this morning was if title insurance is
preferred on the property as that is not a
reimbursable expense through the grant, but is
an out of pocket expense the county would have.
Attorney Hull
said if we were to increase the purchase price
by the amount of title insurance, would the
county be able to get the expense back. Mr.
Niemeyer said on the side of caution he would
have to say no, as for the grant he would
probably have to itemize and if there is a paper
trail, the FAA will say that cost cannot be
included and will have to be broken down. If the
county wants title insurance, it will have to be
at their cost. Attorney
Hull
recommended title insurance.
Commissioner Pinkerton said Mr. Gardiner had a
question on interfund borrowing. It was said
Idaho Code Statute #31-1508 prohibits the county
from transferring from one fund to another. Mr.
Gardiner said while reading this he came up with
another Idaho Code section that states the
county can borrow money in anticipation of
income, and he discussed the a Boise County
case. It was said there is no closing date for
the Merrifield property, but there may be some
for the other properties.
The call with Attorney Hull ended at 2:15 p.m.
The FAA is very clear on where the county is at.
Mr. Niemeyer said there was one possibility, but
the other matters need to get dealt with and it
would have to be a very quick turn-a-round, but
that is something he is still working on with
the FAA. Mr. Niemeyer said he would write a
letter and run it by the airport board. Mr.
Gardiner said he feels it would be wise to have
a paper trail and in case the county has to talk
to their congressmen.
Those present discussed contacting the Attorney
General’s Office. Mr. Gardiner said Attorney
Wasden didn’t sign off on the letter regarding
borrowing so it’s not an official opinion.
Those present discussed the prior matter
regarding the proposed Howard easement
adjustment. Mr. Niemeyer said he would have to
discuss his role in that with the FAA and the
justification of the purchase of the Howard
property. There is a bottle neck that will be
more of an issue for the FAA. That is a
discussion that will have to occur with the FAA.
The FAA extension of regulations seems to grow
with this and it will get to the point there is
no way the county can do it, according to
Chairman Dinning.
Mr. Gardiner said we need to think about how to
resolve that issue as far as extending the
runway. Mr. Niemeyer said the FAA will require
planning before extension of the runway. As this
comes down the FAA will see issues with roads at
both ends. Chairman Dinning said that would be
the state highway at one end. It was said the
big picture is that there is a runway that
serves a certain size aircraft and to expand
means to increase the runway and the FAA will
help, but the airport needs to get rid of the
encumbrances. The FAA’s stance is ground control
regardless of grade. The property owner, airport
and FAA want to get the easement addressed and
the FAA said not to buy the property for
approach protection. The FAA needs to study that
property as to what to purchase. Mr. Gardiner
mentioned being shut down by the FAA if that
cannot be resolved.
Chairman Dinning said if the airport just
protected the existing approaches, we could
still be dealing with the properties we are
dealing with. Chairman Dinning asked if the
county would still be dealing with Mr. Wheatley
as far as expansion. Mr. Niemeyer said yes. The
issue with the Howard property is the trees,
according to Mr. Niemeyer. Chairman Dinning said
if it’s just trees, would the FAA allow the
county to buy the avigation easement. Mr.
Niemeyer said the FAA has done that and has
talked about that with the board. The county
could get an easement to cut trees and that may
work with the Howards now, but maybe not in five
years or maybe not for the people the Howards
want to sell to in five years. That is why
avigation easement becomes less than ideal. Mr.
Wages said enforcing avigation easements is
hard. Commissioner Pinkerton said if the county
doesn’t get properties purchased, the function
of the airport would stop. Mr. Wages said the
airport would have to back track. Chairman
Dinning asked what the consequences are.
Commissioner Pinkerton said if purchasing of the
properties doesn’t get the 1,200 foot extension,
what is the purpose of the project? Mr. Niemeyer
said the protection of the approaches is the
project. In 2009 the FAA issued a letter
regarding the obstructions and gave the airport
three years to resolve that in some fashion. It
was determined to purchase those properties and
then the county could cut down trees as it sees
fit. Mr. Niemeyer has issued a letter to the FAA
regarding being actively involved in acquiring
properties to deal with the obstruction and to
request extension on the three year limit. If
not, the FAA will remove the instrument approach
and the airport won’t be able to operate at the
level it’s operating at now.
Ms. Kline left the meeting.
Mr. Weber said the airport will have to put in a
landing point farther down the road, which will
reduce the runway and that reduces the types of
planes that could use the airport such as jets.
Commissioner Kirby discussed having to cut trees
and in doing that the properties can be
purchased. Commissioner Kirby said it will come
to a point where we will talk to the FAA about
them doing this to the county, but that the FAA
obviously likes our little airport. Mr. Gardiner
said if you talk to congressmen and senators
about this, you can really get a lot of action.
Commissioner Pinkerton said the county needs to
purchase properties to keep the process going.
The extension of the runway is down the road. It
ought to be made known that the extension of the
runway is not a part of this project.
Commissioner Pinkerton said the whole time he
thought this was to extend the runway, but it’s
not, it’s just to keep the airport at its
current operation. Mr. Gardiner said last year
the airport got the instrument approach and it’s
trying to protect these issues and the approach.
Mr. Wheatley is still a part of this process for
the instrument approach, according to
Commissioner Pinkerton and Mr. Gardiner.
Commissioner Pinkerton said we will have to see
if we can go forward, but if things don’t work,
what is the plan?
Commissioner Kirby said no one here is going to
write a check and sink the whole county. Mr.
Gardiner dissected the letter from the Attorney
General’s Office and he said he thinks there is
wiggle room. Clerk Poston said she would also
check with the county’s outside auditor as well.
Chairman Dinning said going forward there are
steps, but what concerns him is how long the
property owners can wait.
It was said the 1,200 foot runway expansion has
been in the works since 1986 and is a public
record. This isn’t just something that’s come
up. Commissioner Pinkerton said even so, the
current FAA regulations won’t let it happen. Mr.
Wages said the Airport Master Plan shows it.
The meeting with Mr. Niemeyer and the Airport
Board ended at 3:00 p.m.
There being no further business, the meeting
ended at 3:32 p.m.
/s/
DAN R.
DINNING, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
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