***Monday, November 18, 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.

Commissioner Pinkerton moved to amend the agenda for 11:45 a.m. to add discussion and a possible motion regarding the Idaho Panhandle Forest Plan letter pertaining to objections or interested party designation, as it is time sensitive. Commissioner Kirby second. Motion passed unanimously.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall presented a written report. Mr. Gutshall spoke of work to Star Road, road sign work, and opening Deep Creek Loop. Mr. Gutshall said there will be a final walk through with the engineers on the Deep Creek Bridge #2 and the Deep Creek Loop projects. The Roosevelt Street project has also been completed, and Road and Bridge should receive a refund of a little more than $10,000.

Mr. Gutshall discussed Trout Creek Bridge with Commissioners. This bridge project would cost $595,000 for construction and that figure is approximately $200,000 to $250,000 more than Deep Creek Bridge #4 costs. Mr. Gutshall said the county had help from David Evans & Associates and when the construction estimates were done it was estimated high so it could be possible to get in a second project within the scope, such as a culvert, etc. Mr. Gutshall said the county has nine timber bridges to replace and he referenced combining projects. In that cycle of project applications for year 2012 there were four applications and only two were funded. In January 2013 the county signed the State Local Agreement and provided a $10,000 deposit. In the original application the county was awarded the agreement and the preliminary estimate was increased by the state, but that is funding that doesn’t necessarily have to be spent. Mr. Gutshall spoke of selecting a consultant and a need to send requests for proposals to three consultants. Mr. Gutshall said Scott Ellsworth with the Local Highway Technical Assistance Council (LHTAC) had said that it’s fine looking at costs, but any agency they’ve had an agreement with who has bailed out of the process would be looked at hard if they submit another application. Mr. Gutshall spoke of costs involved in bridge work and rehabilitation projects and he said bridge replacement and paving on major collectors is usually done through other agencies as counties don’t have that sort of budget.

Mr. Gutshall said the cost for construction for Trout Creek Bridge remains the same, but he thinks there is too much funding in it. Chairman Dinning said he would like to see Trout Creek Bridge replaced, but also look into the ability to negotiate costs.

9:30 a.m., Courthouse Maintenance Jerry Kothe joined the meeting.

Chairman Dinning said he sees an opportunity to tweak the system. If someone besides LHTAC can have input and show the state how it can work better, it will have a better impact across the state. Mr. Gutshall said if the county didn’t go through these projects, the county would still have the old bridges and wouldn’t have the Congestion Mitigation Air Quality (CMAQ) dust abatement projects. Mr. Gutshall said engineers were not needed for the CMAQ projects. Mr. Gutshall said he doesn’t like where the engineering is going, but you can’t write off what the county has done either. Chairman Dinning said we’re to a point where we need to decide if we’re going forward with the Trout Creek Bridge project, but he would like to speak to Dan Coonce with LHTAC first. Mr. Gutshall said his recommendation is not to give up on this bridge project. Mr. Gutshall said the county has $10,000 into this project currently and the Idaho Transportation Department (ITD) has not spent it. Chairman Dinning said Commissioners will give approval to move ahead with the request for proposal process, but will also have a phone call with Mr. Coonce.

Clerk Poston presented the Annual Road and Street Financial Report for Commissioners’ signature.  

Mr. Gutshall said the Road and Bridge Street Report is a report requested by the State and it’s used to assess projects the county is applying for. 

Commissioner Pinkerton moved to sign the Annual Road and Street Financial Report. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning informed Mr. Gutshall that county resident Jim Ball may contact him about trees bordering his property in Moyie Springs that are of concern.

Mr. Gutshall left the meeting at 9:45 a.m.

Mr. Kothe joined the meeting to give his departmental report. Mr. Kothe presented a written report. Mr. Kothe informed Commissioners that he’s been having problems with the outside light near the paper bins, but he has since gotten a new light from the City and the issue is taken care of. Mr. Kothe said he’s had the pump on at the fairgrounds for the water, raked leaves and put the bucket on the tractor for snow.

The meeting with Mr. Kothe ended at 9:50 a.m.

9:50 a.m., Deputy Clerk Nancy Ryals joined the meeting.

Commissioner Pinkerton moved to reappoint Walt Kirby to the Catastrophic Health Care Cost Program Board. Commissioner Kirby second. Motion passed unanimously.  

Deputy Clerk Ryals left the meeting at 9:50 a.m.

Commissioner Pinkerton moved to cancel taxes for year 2013 totaling $239.38 for parcel #RP003000000030A due to error. Commissioner Kirby second. Motion passed unanimously.  

Treasurer Jenny Fessler, Boundary Volunteer Ambulance President Ken Baker and Bonners Ferry Herald Reporter Laura Roady joined the meeting at 9:51 a.m.

Treasurer Fessler updated Commissioners on the history of Ace Elder Care’s payment schedule for the business’s property taxes. Treasurer Fessler said it would take one year’s worth of monthly $1,000 payments to bring the taxes current.

Commissioner Pinkerton moved to grant an extension of time to pay taxes until May 30, 2014 at which time the taxes should be paid in full for year 2010 for parcels #RPB00000226632A and #RPB00000226633A. Commissioner Kirby second. Motion passed unanimously.  

Treasurer Fessler left the meeting.

10:10 a.m., Commissioner Kirby moved to recess as the Board of Boundary County Commissioners and convene as the Governing Board of the Boundary County Ambulance Service District. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to approve the minutes of September 16, 2013. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning said the Governing Board has this regular meeting scheduled every month, but there may not be anything to address in the meeting with the exception to approve the prior month’s meeting minutes.

10:11 a.m. Commissioner Kirby moved to adjourn as the Governing Board of the Boundary County Ambulance Service District and reconvene as the Board of the Boundary County Commissioners. Commissioner Pinkerton second. Motion passed unanimously.  

Mr. Baker left the meeting.

Clerk Poston presented a resolution to amend the County’s Personnel Policy to clarify holiday hours.  Commissioners felt more discussion was needed about the holiday hours.

Chairman Dinning informed the media present that Western Resource Legal Center has agreed to represent Boundary County as an intervener in the matter of Caribou critical habitat designation.

10:28 a.m., Sheriff’s Office Administrative Deputy/E911 Operations Administrator Crystal Denton joined the meeting to provide Commissioners with a brief update on the E911 program.

Chairman Dinning asked how much of the $1.00 per telephone line has been used every year. It was said there is a lot of carry over right now including grant funding, which will cover associated fees. Chairman Dinning briefly mentioned reducing the fee per land line. Ms. Denton said she is now getting ready for next generation 911 and that will change a lot of things including being an IP network so dispatch can receive text and video 911 calls. Chairman Dinning asked if that will cost more and Ms. Denton said she is sure it will. Chairman Dinning said the fee could then be reinstated, but it could be reduced in the meantime. Ms. Denton said the E911 Communications Commission should know what funding is available for Boundary County. Chairman Dinning asked Ms. Denton if she could identify how much of the funding is being used. Ms. Denton said the grant does not pay the budget for the 911 system. Chairman Dinning mentioned reducing the budget. As of October 1, 2013 the E911 budget consisted of $160,000 and that total has been accumulated over the years. Clerk Poston asked if the next generation system uses texts and video, would that be covered by a grant or the funds already in hand. Clerk Poston questioned the amount of $117,000 in revenue brought in from phone fees each year. Commissioner Kirby said he would like to reduce the fee a bit, but Commissioners do need to be careful in reducing fees as funds are still needed for grant matches, etc.

The meeting with Ms. Denton ended at 10:40 a.m.

Chief Deputy Clerk Tracie Isaac joined the meeting at 10:40 a.m.

Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 11:10 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.

Commissioners tended to administrative duties.

11:30 a.m., Boundary Community Hospital CEO/CFO Craig Johnson and Hospital Board of Trustees Chairman Elden Koon joined the meeting.

Mr. Johnson said the Festival of Trees will be held on December 14^th. The festival has seven trees so far and a variety of auction items. The item the Hospital wishes to purchase with the funds raised is a 15 passenger van to replace the older van, and he explained the van’s use to Commissioners. Chairman Dinning said the Senior Center has turned over its 2011 passenger van to the Restorium, but it’s possible it could be shared. Mr. Johnson spoke of another piece of equipment the Hospital is hoping to purchase with funds raised and he mentioned this other equipment will help with training and the training certifications can be obtained at the Hospital.

Mr. Johnson said financially the Hospital has seen a slight profit for September and October. Boundary Community Hospital has been working to acquire the rural health clinic, but due to the government shut down the application process has been delayed. This new office would become a part of the Hospital, but the physicians would be leased from Kootenai Health. The Hospital is still trying to recruit another physician, according to Mr. Johnson The Affordable Health Care Act is still causing confusion so that is being worked through. The State of Idaho will probably not expand Medicaid, but will look at something similar to what is being done in Arkansas.

Clerk Poston returned to the meeting.

Chairman Dinning briefly mentioned there are three Hospital Board members who have terms expiring in January. Mr. Koon said he usually brings Commissioners the Hospital Board’s recommendation for the board members in December.

The meeting with Mr. Koon and Mr. Johnson ended at 11:40 a.m.

Commissioners briefly mentioned the need to work on comments to the Panhandle National Forest Management Plan as the comments are due the next week.       

 Commissioners recessed for lunch at 11:50 a.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Brad Niemeyer with J-U-B Engineering, Roxanne Grimm and De Ressa with Epic Land Solutions, Blue Sky Broadcasting Reporter Mike Brown, and County Civil Attorney Tevis Hull joined the meeting for an update on airport land acquisition matters.

It was said the goal is to work on the Merrifield purchase and sale agreement and the warranty deed as they are ready for signatures. Mr. Niemeyer explained to Commissioners why the warranty deed needed to be signed in advance in that it will allow the purchase of the property without cash up front. Attorney Hull discussed the purchase price and the amount of payoff as of December 2^nd plus any interest accrual to December 15 so that provision is covered if the transaction didn’t close on December 2^nd. Chairman Dinning said there are 45 days after the date of closing to vacate the property so if closing occurs before the scheduled date, it’s 45 days from that date. Attorney Hull said he did forward those documents to the Merrifields for their review.

Attorney Hull explained to Ms. Grimm and Ms. Ressa how Washington State is different from Idaho as far as language in the warranty deed.

Commissioner Pinkerton moved to sign the Real Estate Purchase and Sale Agreement for the Merrifield property, Assessor’s Tax Parcel #RP62N01E146012A for $207,650.58. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman sign the Warranty Deed for the Merrifield property, Assessor’s Tax Parcel #RP62N01E146012A. Commissioner Kirby second. Motion passed unanimously.

It was said Mr. Byler was not ready for signature on the documents for William Byler and David Byler.

It was said the property voucher has the original appraisal and the amount anticipated to purchase. Ms. Grimm said she would get the owner’s signature and then return the documents for the county’s final signature.

Attorney Hull said the form is appropriate and it’s just getting the actual dollar amount of the sale.

Mr. Niemeyer presented a general document on how and what the estimated figures are for general moving expenses and he mentioned the documents outline the general process as part of the Uniform Housing Act. The Federal Aviation Administration (FAA) had a miner comment on that, but it’s now ready for Commissioners’ signature. Attorney Hull reviewed the document with Ms. Ressa and Mr. Niemeyer.   

Mr. Niemeyer addressed the Relocation Assistance Voucher and he said it’s reflective of some of the numbers in the plan and it is the replacement housing payment calculation. The relocation specialist finds a house that’s equivalent to the subject house. The relocation specialist finds the most appropriate comparables and list the dollar value for those comparables for relocation and that is what is used to determine cost differential.

Once the Merrifields sign the documents Attorney Hull will be notified and he will get title commitment and what is in escrow. Those documents once funded and paid, will give the county title to the property and then the certificate of title can be signed. It was said Gary Gates with the FAA mentioned the Northern Lights easement will not be an issue. 

Commissioner Pinkerton moved to authorize the Chairman to sign the Move Expense Agreement Residential, Relocation Assistance Voucher totaling $83,670.75, and the Housing Comparison Worksheet for the Merrifield property, Assessor’s parcel #RP62N01E146012A. Commissioner Kirby second. Motion passed unanimously. 

Commissioner Pinkerton moved to authorize the Chairman to sign the Relocation Entitlement Instructions reporting closing costs of $416.25. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman to sign the Escrow Agreement for the Merrifield property, Assessor’s parcel #RP62N01E146012A. Commissioner Kirby second. Motion passed unanimously.  

Commissioner Pinkerton moved to authorize Commissioner Kirby to sign the Housing Comparison Worksheet for the Dinning property, Assessor’s parcel #RP62N01E126150A. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “abstained”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed.

Mr. Brown left the meeting at 2:00 p.m.

2:00 p.m., Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 2:20 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.  

Those present discussed a letter from the FAA referencing a conversation as to matters involving Mary Vargas with the Seattle FAA Office, as well as the removal of trees to be mentioned in draft close out documents. Mr. Gates has stated that he would like to see those documents to look over as parts of the package for review for reimbursement. Mr. Niemeyer will submit the documents and Mr. Gates with the FAA will respond with what he still may need to complete the review.

Chairman Dinning said in this process there has been an assumption to just act, even as far as having Airport Manager Dave Parker filling out documents, but it is still only Boundary County Commissioners’ authority. Commissioners are the only ones who can act on behalf of Boundary County. Chairman Dinning said all other elected officials cannot act on behalf of the county, but there seems to be a misunderstanding that if someone else signs these documents, it’s good, but it is only Commissioners who can do this. That is why Attorney Hull needs to see everything and then he will advise the Commissioners how to proceed. Commissioner Pinkerton further explained that the Airport Board is an advisory board only.

The meeting with Mr. Niemeyer, Ms. Grimm and Ms. Ressa ended at 2:25 p.m.

2:25 p.m., Commissioner Pinkerton moved to reconvene the executive session under Idaho Code #67-2345(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 2:55 p.m., Commissioner Pinkerton moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously. No action was taken.

Commissioners tended to administrative duties.

3:20 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, November 19, 2013, 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., Commissioners held an elected officials/department heads meeting. Present were: Assessor Dave Ryals, Solid Waste Superintendent Claine Skeen, Chief Probation Officer Stacy Brown, Prosecutor’s Office Manager Tammie Goggia, Extension Educator Carol Hampton, Noxious Weeds Superintendent Duke Guthrie, Chief Deputy Clerk Tracie Isaac, Courthouse Maintenance Jerry Kothe, Planning and Zoning Administrator Dan Studer, Chief Deputy Sheriff Rich Stephens, and Treasurer Jenny Fessler.

Chairman Dinning informed those present that Rob Tenas and Kyle Flory could not make it to the meeting to show their documentary on Boundary County. Chairman Dining reminded everyone of the Idaho Counties Risk Management Program online training that needs to be completed no later than December. Mr. Skeen spoke of opening the monitored sites one hour later and closing one hour earlier in order to keep part time hours below 30. Commissioners mentioned they are getting ready to publish a notice for the vehicle auction, but they still need a bit of information before they can submit the public notice. It was announced that Carol Hampton, Tom Ulappa, Jerry Kothe and Jim Thompson are all retiring the early part of year 2014. Ms. Brown said the Probation Office is busy. The juveniles are doing well and the issues are leveling out, but there is a spike with the adults. Treasurer Fessler said tax collections are coming in well so far. Mr. Studer said his office has a few Planning and Zoning appeals coming up and the Planning and Zoning Commission meeting is this Thursday wherein the Commission will discuss the proposed amendment to the Subdivision Ordinance. Assessor Ryals said his new employee in the Auto License Department is doing well. Mr. Kothe said he is getting ready for snow and has put up lights for the winter holidays. Mr. Gutshall said Deep Creek Loop is now open. Chief Deputy Clerk Isaac reported that Summer McDonald with the Job Service will put on a workshop pertaining to the work place and interviewing prospective employees. Clerk Poston said the elections for City positions are done, and the county’s audit has been submitted to County Outside Auditor Leonard Schulte. Clerk Poston said she is clearing out items from her office and she has a lateral two-drawer filing cabinet and a table if any of the offices are interested, otherwise these items will be sold at the surplus auction. Chief Deputy Sheriff Stephens said the State of Idaho is using salt brine on the highways so the county vehicles should be hosed off to prevent corrosion. Chairman Dinning said Commissioners are utilizing Western Resource Legal Center on the county’s behalf to intervene in the matter of the Caribou habitat designation appeal. Commissioners will provide comments and object to specific areas, according to Chairman Dinning. Assessor Ryals mentioned his Driver’s License Office needs painted. Chairman Dinning discussed updating the website so Commissioners are exploring the possibility of possibly hiring somebody for that as it is difficult to learn when it only needs updated every so often.

The elected officials/department heads meeting ended at 9:25 a.m.

9:30 a.m., County Noxious Weeds Superintendent Duke Guthrie remained after the elected officials/department heads meeting to give his departmental report.

Mr. Guthrie informed Commissioners the Selkirk Group got their Annual Operating Plan completed and approved. This is a program involving the US Forest Service, Idaho Department of Lands, the Kootenai Tribe of Idaho, etc. for use in Boundary and Bonner Counties. It’s done in the format the Department of Agriculture requests and all projects are prioritized for the funds requested. Mr. Guthrie said there are four projects requested for funding and the other three projects are just completed. The first priority is requesting $2,500 to take care of the new invading weeds, which consist of areas less than 500 acres and are areas that have weeds that can be controlled and eradicated. The second priority is the Neighborhood Cooperative in which private landowners are reimbursed for treating noxious weeds on their property and the total requested for this program is $22,000. Last year this program totaled a little over $10,000. The third priority is the Community Lands Project and it involves Idaho Fish and Game, Idaho Department of Lands, US Forest Service, and Bonner County and $12,470 has been requested for this project. Mr. Guthrie said he didn’t request funds for the project requesting herbicides to spray. What funds received will be divided equally. The fourth priority consists of the Forest Service asking for funds to cover labor and to help pay one of their technicians/sprayers for a period of three or four months during the summer. Mr. Guthrie said another project he is not requesting funds for is bio control. Mr. Guthrie said the sites for new invaders have been mapped so they can be tracked as time goes on. One new invader is Brush Skeleton, which is new for this county and two sites have been found.

Commissioner Pinkerton moved to sign the Selkirk Cooperative Weed Management Area Annual Operating Plan for year 2014. Commissioner Kirby second. Motion passed unanimously.

The meeting with Mr. Guthrie ended at 9:25 a.m.

Commissioner Kirby moved to approve the minutes for September 30 and October 1, 2013, November 4 & 5, 2013, November 11 & 12, 2013 and October 7 & 8, 2013. Commissioner Pinkerton second. Motion passed unanimously.

Commissioners tended to administrative duties.

9:55 a.m., Planning and Zoning Administrator Dan Studer joined the meeting at Commissioners’ request.

Commissioners and Mr. Studer discussed a matter involving a complaint to a Planning and Zoning application. Commissioners informed Mr. Studer that County Attorney Tevis Hull will handle the process, but there needs to be communications with the Millers. Mr. Studer said the process for an appeal on this matter is the same as the airport matter involving Mr. Wheatley. A meeting has to be scheduled for Commissioners to look over the appeal and decide whether or not the appeal has merit. If the appeal has merit, Commissioners will have to decide to hold either a meeting or a public hearing to allow the public to come in, which involves legal notice, etc. Chairman Dinning asked if this new proposed development has met criteria of the Ordinance. Mr. Studer said yes. The opposition wants to challenge the process. Commissioners asked Mr. Studer to contact Attorney Hull to see what Commissioners actions should be.

Mr. Studer left the meeting at 9:55 a.m.

9:55 a.m., Commissioner Kirby moved to go into executive session under Idaho Code #67-2345(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 10:05 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.  

Commissioners tended to administrative duties.   

Commissioners recessed for lunch at 12:45 p.m.

1:45 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton and Deputy Clerk Michelle Rohrwasser. Commissioner Kirby was out of the office for the afternoon.

1:45 p.m., Commissioners conducted a workshop to prepare comments for the Idaho Panhandle National Forest Management Plan. The workshop ended at 4:00 p.m.

There being no further business, the meeting ended at 4:00 p.m.

                                                                        /s/

                                                                        DAN R. DINNING, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk