Monday, March 03, 2014, Commissioners met in regular session with Chairman Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner LeAlan Pinkerton was out of the office tending to other matters.

The department reports for Road and Bridge, Courthouse Maintenance and Solid Waste were cancelled due to the need for those departments to plow snow. The Area Agency on Aging meeting was also cancelled due to snow.

Commissioner Kirby moved to add signing a letter of support for the Boundary County Youth Violence and Domestic Violence Hotline to today’s agenda as it’s time sensitive. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to sign the letter of support for the Boundary County Youth Crisis and Domestic Violence Hotline. Chairman Dinning yielded the chair to second. Motion passed unanimously.  

Commissioner Kirby moved to affirm the Chairman’s signing of the survey contract with JRS Surveying for the LaVern and Eunice Dinning property. Chairman Dinning yielded the chair to second. Motion passed unanimously.

9:45 a.m., Treasurer Jenny Fessler, Assessor Dave Ryals, and Paul and Denise Sandelin joined the meeting to discuss an issue with property taxes.

Mr. Sandelin stated for the amount of money he will be talking about he shouldn’t be wasting Commissioners’ time, but he is aggravated for how the situation transpired. Mr. Sandelin explained that he owns property that his brother and sister-in-law are living on. Mr. Sandelin said he had a 10 foot by 50 foot mobile home on his property and this trailer was on the county’s tax roll. The roof on that home caved in so Mr. Sandelin said he brought in another mobile home and the older 10 foot by 50 foot home had been torn down. Mr. Sandelin said he paid taxes on the mobile home totaling $231.78, but the description of the mobile home on the tax bill didn’t meet the description of either trailer so he paid the amount thinking it was for the new trailer. Mr. Sandelin said his brother and sister-in-law received a letter on February 13, 2014 from the county stating they were delinquent on their taxes. Chairman Dinning asked which mobile home the letter referred to. Treasurer Fessler said the letter referred to a 1978 14 foot by 67 foot Embassy mobile home and it was on the county’s subroll. Mr. Sandelin said the trailer had been a 1960’s 10 foot by 50 foot model. Mr. Sandelin said the Assessor’s Office made contact with his sister-in-law last year and this year and both trailers were on the property, but one wasn’t lived in and was going to be torn down. Mr. Sandelin said he doesn’t know which person from the Assessor’s Office his relatives talked to. Mr. Sandelin said a late notice for $183.54 was received and he thought it was for the older trailer, but it hadn’t been there for all of year 2013 when the Appraiser was out to the property. Mr. Sandelin said you would be able to see that trailer from the road. The appraiser wasn’t allowed in the house, but he was allowed on the property. During year 2012, both trailers were on the property and the appraiser visited the property physically and was also conversed with over the telephone, according to Mr. Sandelin. This year an appraiser visited the property and spoke to the property’s residents on the phone.

Chairman Dinning said the appraisers only visit a property once every five years. Mr. Sandelin said he was told that, but it’s not true. Chairman Dinning said if the trailer was on the property in year 2012 and the appraiser was not made aware it was gone, it would continue to be on the county’s tax roll. Chairman Dinning asked when the 1976 trailer was torn down. Mr. Sandelin said it was either late December 2012 or January 2013. Chairman Dinning said if the Assessor wasn’t notified of that, they wouldn’t know to take the older trailer off the tax roll. Mr. Sandelin said even if it was year 2013, he knows in year 2012, he spent from June of that year in the new trailer and the roof on the old trailer was crushed in and the tax appraiser had been out to the property. The year the appraiser asked to go in the trailer, that was the new trailer and the old one was crushed and the appraiser was told that older trailer would be removed. Mr. Sandelin said he spoke to Assessor Ryals the other day and was told even if he had been informed the old trailer was not lived in and taken away, it would still appear on the roll. Chairman Dinning said, according to Mr. Sandelin, for the 2013 tax roll the older trailer should’ve been off the tax roll. Chairman Dinning mentioned the trailer being listed on the tax roll if it was still on the property as a structure in year 2012.

Assessor Ryals said that appraiser had been Les Vetter, who wasn’t available today. Assessor Ryals said the five year valuation is statutory by law and if the new structure is on the property, his office is required to assess the new trailer. It was explained the valuation is an estimate because the appraiser wasn’t able to go into the trailer so he had to estimate the value from the road. It was said Mr. Vetter looked at the newest trailer. There had been no other notification the older trailer had been removed. Assessor Ryals said there was no notification and when the appraiser went to the site in September, it was already too late to remove the older trailer from the tax rolls.

Chairman Dinning said the amount Mr. Sandelin paid was $231.78. Treasurer Fessler said that payment was for the old trailer as it had not been removed and the newer trailer has not been paid. Mr. Sandelin said the tax assessor was out in year 2012, and he claims this bill, which is the late fee, that they were not notified in time to change it, but when the appraiser was out to the property in year 2012 there was no occupancy in the old trailer as they were in the new trailer. Mr. Sandelin said he had informed the appraiser that the old trailer was partially crushed and he was just waiting for his equipment to be brought back so he could tear it down so for the Assessor to claim he was not made aware, someone is not being honest. Mr. Sandelin said he doesn’t know the county’s deadlines, but according to him, they were out in September. Mr. Sandelin said the measurements of the trailer are different so he thought he was paying the new trailer otherwise he would’ve dealt with this issue. Mr. Sandelin said he thinks there had been plenty of information given.

Commissioners said the new trailer is listed in someone else’s name. Assessor Ryals said the new trailer will transfer from the submobile roll to the new roll. Mr. Sandelin said the only notice he has seen was the delinquent notice. Chairman Dinning said that notice would’ve been sent to the trailer’s owner. Mr. Sandelin said this was the first notice for the owner of the trailer. Chairman Dinning asked when the older trailer was removed. Mr. Sandelin said the older trailer had been removed either December 2012 or January 2013. Commissioners asked Mr. Sandelin if he called the Assessor’s Office to notify them of that trailer’s removal. Mr. Sandelin said no, but his argument is that the Appraiser was told the older trailer would be removed when his equipment got to the site. Commissioners talked to Mr. Sandelin about the property valuation notices going out to property owners in June each year. Chairman Dinning and Commissioner Kirby said they don’t know what to do about this situation.

Treasurer Fessler said as far as the taxes paid for the old mobile home the funds collected have already been turned over to the other taxing districts. The taxes have been paid and collected and those amounts have been split up. Commissioner Kirby said he really doesn’t know what to say. The amount of $231.78 was paid, and Mr. Sandelin said to his understanding he was paying on the new trailer. Mr. Sandelin said when he saw the size, he thought it was the new trailer since the appraiser had been informed of what was going on with the old trailer so when he got the last notice in February, he wasn’t happy. Chairman Dinning said if the appraiser is not allowed to measure the trailer, then he has to guess. Mr. Sandelin said he doesn’t know about that. Chairman Dinning reiterated that if an appraiser is not welcome on someone’s property, they do that. Mr. Sandelin said he thinks the appraiser just wasn’t allowed in the house. Chairman Dinning said the county wasn’t aware the older trailer was gone even though the appraiser was told the trailer was “going” to be removed. Ms. Sandelin mentioned the trailer being gone in September. Assessor Ryals said it would’ve been too late at that point. Chairman Dinning said the county is running up against legal process by state code as to what can and cannot be done. Commissioners need to find an appropriate way to go about this, if it can be done. Chairman Dinning said there is the ability to remove the old trailer from the tax roll now, but there is no ability within the system to reimburse the tax as it would also have to be taken from the Boundary County School District, the county, Boundary County Library, solid waste fees, Translator District, etc. Mr. Sandelin said he understands that, but why can’t the county get rid of this next bill for the tax season. Assessor Ryals explained that Mr. Sandelin is requesting the county cancel this tax bill and call it a wash. Assessor Ryals said he would definitely take the older trailer off the rolls and issue a bill for the next one. Assessor Ryals said it doesn’t really clean things up as part of the problem is that the solid waste fee is factored in so it’s not much of a difference in the two trailers. Assessor Ryals said to cancel the subroll trailer. The county will remove the 1976 trailer from the roll for year 2014 and will cancel tax for 2013.

Commissioner Kirby moved to cancel taxes on parcel #SM60N01W01194AA in the name of Jennifer Hamilton for the amount of $183.63. Chairman Dinning yielded chair to second. Motion passed unanimously.

The meeting ended at Assessor Ryals and Treasurer Fessler left the meeting at 10:10 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 10:14 a.m.

Commissioner Kirby moved to authorize the Chairman to sign the Memorandum of Understanding with the Idaho Department of Health and Welfare, Idaho Eligibility System. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Deputy Clerk Ryals explained this memorandum of understanding grants her access to the Department of Health and Welfare’s Idaho Eligibility System for indigent purposes.

Deputy Clerk Ryals left the meeting at 10:18 a.m.

Chief Deputy Clerk Tracie Isaac joined the meeting at 10:19 a.m.

10:19 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. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 10:40 a.m. Commissioner Kirby moved to go out of executive session. Chairman Dinning yielded the chair to second. Motion passed unanimously. No action was taken.

Chief Probation Officer Stacy Brown joined the meeting to give her departmental report.

Those present discussed the use of tobacco tax dollars. A portion of this money is used to fund all juvenile probation offices. Ms. Brown said she has eight new cases in the Diversion Program and there is money in the Millennium Fund for first offenders. Ms. Brown provided figures for probation as follows: there are 250 people on unsupervised probation, 72 adults on misdemeanor probation and there are 59 juveniles on probation with five to six new cases coming. Four of the new cases are new juveniles so that will ultimately total 63, which is higher than average. In year 2008 the number of juvenile cases was in the 60’s then decreased to the 40’s and now that number is increasing again.

Ms. Brown spoke of receiving a specific amount of funding and although it is $200,000 less than what is normally received, at least these funds can be counted on. Chairman Dinning said rather than all pies getting a percentage, a fixed amount will be given and the remaining tax after the capital restoration project will go to GARVEE funds, or the highways, aquifer planning, and anything left after that will go to the Idaho Transportation Department. Chairman Dinning said rather than a statement that “if funding increases” he would suggest the language that a certain percentage of funding gets to be kept now and to maintain a minimum of the $3,300,000. Ms. Brown said probation is not what it was four to five years ago. Ms. Brown said probation has increased from drug cases at 20% to 40% and alcohol offenses are at 38%, 9% are drug only cases and out of those totals, 44% are testing positive for drugs and alcohol during their meetings. Out of 59 cases 42 are drug related and 52% are testing positive for drugs and alcohol. Those present spoke of the need for more home visits and testing.

Ms. Brown said the new thing is mental health issues as juveniles are being diagnosed with conduct disorders. This is when the Department of Health and Welfare can help, but aren’t required to assist. Ms. Brown said she has a meeting with Alliance Family Services to implement help for juveniles on psycho social rehabilitation and Medicaid will cover this. Ms. Brown said this program is somewhat of a mentorship program, but it is covered by Medicaid, and it involves someone who is trained to work with kids. Kids would be taught how to cook dinner, balance checkbooks and how to become a member of the community. Those present discussed issues they have as it pertains to working with some of the parents. Commissioner Kirby said the Probation Department is doing a great job with what they have to work with. Ms. Brown said there is such as small recidivism rate coming out of the Youth Accountability Board.

Ms. Brown said she will look into moneys from the Millennium Fund as the smaller counties need the most help right now.

The meeting with Ms. Brown ended at 10:56 a.m.

11:00 a.m., Restorium Administrator Karlene Magee and Assistant Pam Barton joined the meeting to give the departmental report.

Ms. Magee said she met with a representative of Medicaid and has resolved most issues on billing as far as how to bill Medicaid, when to bill, and receiving payments. Ms. Barton explained that the Restorium was reimbursed by Medicaid $8,000 from past months. Chairman Dinning asked if the issue was due to having incorrect calculations or had the billing not been done correctly. Ms. Magee said both as she wasn’t receiving the correct information. Ms. Magee said Medicaid had the wrong provider number, but that has all been corrected. Ms. Barton explained that she couldn’t even pull the resident’s name up without Medicaid’s authorization, but she thinks Medicaid had mistaken the Restorium for the care facility at Boundary Community Hospital Ms. Barton said another round of Medicaid checks should be received this week. Chairman Dinning asked if the checks arriving soon are from current residents or back billing. Ms. Magee said it’s back billing for the residents. The first total of $8,000 from checks received was from residents in the files and that is now up to date. The second round of checks coming is associated with residents that couldn’t be found in the system due to having incorrect authorization numbers. Billing is up to date through January for current residents. Commissioners asked if this affects the family’s portion. Ms. Magee said no. Commissioner Kirby said it is earned money. Ms. Magee said the funds coming in are the charges for care and the residents pay for rent, utilities and food.

Clerk Poston asked if anyone is being transported in the Restorium’s blue van. Ms. Magee said only Restorium residents and the drivers consist mainly of the same two Restorium employees. Chairman Dinning asked about a reported trip to Libby. Clerk Poston mentioned the need to have a driver’s license on file for those volunteers and employees who drive the Restorium bus. Ms. Magee said she would provide copies of driver’s licenses and proofs of insurance. Chairman Dinning said besides the driver, anyone who rides the bus for a Restorium function that is not a Restorium resident needs to be on the volunteer list for the county. Ms. Magee informed Commissioners of the Restorium’s open house that is to be held on March 14, 2014 from 2:00 to 4:00 p.m. Clerk Poston asked how the open house is going to be advertised and Ms. Magee and Ms. Barton mentioned using Jo Jo Baker, the Rotary Club, and word of mouth for advertising. Commissioner Kirby mentioned that a representative from Bonners Ferry Living Magazine will be calling Commissioners to set up a meeting to discuss the possibility of doing an ad for the Restorium.

Ms. Magee informed Commissioners that Pend Oreille Mechanical had come out to repair issues with the heater for the fireplace and water. The circulation pump has been replaced as the fan and blower on the fireplace hadn’t been working. Pend Oreille Mechanical also tried to fix a heat problem for the water, but evidently that wasn’t fixed as there was no hot water. Ms. Magee said the circulation pump had been installed upside down and then the circulation pump inside of the boiler was also not working. Ms. Magee discussed Pend Oreille Mechanical’s issues with Commissioners as far as fixing items incorrectly, fixing more than what was required and of the amount billed. Ms. Magee said she feels she should not be paying the total amount. Ms. Magee said she had another company come in to fix the problems and there is now heat and hot water so she is satisfied with that installer.

Ms. Magee informed Commissioners the Restorium has 31 residents with 32 rooms filled.

Chairman Dinning said he had heard that someone from the Restorium had quoted a room at $3,500, but that may have been a misunderstanding. Ms. Magee said she hopes the Restorium’s open house will promote the facility and fill the remaining rooms as there are some potential residents who are on the fence about moving in.

11:35 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. Chairman Dinning yielded the chair to second. Motion passed unanimously. 11:52 a.m., Commissioner Kirby moved to go out of executive session. Chairman Dinning yielded the chair to second. Motion passed unanimously. No action was taken.

Ms. Magee and Ms. Barton left the meeting.

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

***Tuesday, March 4, 2014, Commissioners met in regular session with Chairman Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioner Kirby moved to amend the agenda to allow Chairman Dinning to sign the Sponsor’s Certificate of Title on the William Byler and David Byler property as it’s time sensitive. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to authorize the Chairman to sign the Sponsor’s Certificate of Title for the William Byler and David Byler property. Chairman Dinning yielded the chair to second. Motion passed unanimously.  

9:00 a.m., Commissioners held a public hearing to consider the Planning and Zoning Application for a primitive short plat subdivision requested by Tim Jantz. Present were: Chairman Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, County Planning and Zoning Administrator Dan Studer, and Rick Dinning. Commissioner LeAlan Pinkerton was out of the office tending to other matters. Chairman Dinning reviewed the public hearing procedures. No member cited a conflict of interest. Commissioners stated there had been no ex parte communication. The hearing was recorded.

Chairman Dinning said the applicant was not present to provide an opening statement. Mr. Studer was asked to give a staff report.

Mr. Studer said this parcel is in the ag/forestry zone having a minimum residential density of 10 acres. Mr. Studer said all provisions of the Ordinance have been met, there are no known hazards, and Hall Mountain Fire Department services this area. Access to the property is from Deer Park Road. Chairman Dinning said this application is being called “primitive”, but that doesn’t describe the land as developed. Mr. Studer said “primitive’ does apply. Mr. Studer said with the preliminary maps and drawings it’s basically showing a 30 foot wide easement access for utilities. By definition, Section 11.3.5, primitive, fits the picture. The site has road access, but no other services are provided so it’s just a piece of ground. In this process, the application goes straight to the Commissioners. Chairman Dinning said if a person were to create two parcels, does it have any bearing on the Ordinance. Mr. Studer said no. Chairman Dinning asked where the cut off is. Mr. Studer said this would be a plat like Deer Park Subdivision with Lots 1 and Lots 2. Mr. Studer said an urban subdivision is for five acres and lower and a long plat is for cluster subdivision areas. It was said the easement does come off a county road.

Mr. Studer said if there is further division to the north, it would involve these two properties. This is a 23 acre parcel on Deer Park Road. Instead of splitting the property east and west it was split north south. And the only way someone can touch the county road is through that 30 foot easement. Mr. Studer said he did send the staff report to the Road and Bridge Department and he was looking for their comments, but he didn’t receive any comments from them.

Commissioners opened the hearing to public testimony and asked for comments in favor of the application followed by requests for comments from those uncommitted then opposed to the application. No one from the public spoke. Commissioners closed the hearing to public testimony.

It was said this application meets the provisions of the county’s ordinance hands down.

Commissioner Kirby moved to approve Planning and Zoning Application #14-012, for a primitive short plat subdivision requested by Tim Jantz. Chairman Dinning yielded the chair to second. Motion passed unanimously.

The public hearing ended at 9:25 a.m. Clerk Poston left the meeting.

9:30 a.m., Planning and Zoning Administrator Dan Studer remained in Commissioners’ Office to review with Commissioners the applications of people interested in filling vacancies on the Planning and Zoning Commission.

Commissioner Kirby moved to appoint Scott Fuller to the Planning and Zoning Commission filling the position left vacant by Mike Weland with a term to expire January 2016. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to appoint Kim Peterson to the Planning and Zoning Commission filling the position left vacant by Steve Shelman with a term to expire January 2018. Chairman Dinning yielded the chair to second. Motion passed unanimously.

The meeting with Mr. Studer ended at 9:44 a.m.

Commissioner Kirby moved to approve the minutes of February 17 & 18, 2014. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to reappoint Randy Peterson as a member of the Snowmobile Board with a term to expire February 2017. Chairman Dinning yielded the chair to second. Motion passed unanimously. 

Commissioner Kirby moved to appoint Larry Copeland to the County’s Noxious Weed Board replacing Dennis Ponsness with a term to expire May 2016. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to appoint Ben Nystrom to the County Noxious Weed Board replacing Mike Hubbard with a term to expire May 2016. Chairman Dinning yielded the chair to second. Motion passed unanimously.  

Commissioner Kirby moved to accept the recommendation from the Idaho Wool Growers Association to reappoint Bill Hays as director from Boundary County to the District #1 Animal Damage Control Board. Chairman Dinning yielded the chair to second. Motion passed unanimously. 

Commissioner Kirby moved to grant an extension of time to pay year 2013 taxes on parcel #MHM0130000016VA until June 4, 2014. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to grant an extension of time to year 2010 taxes for parcel #RP64N01E068411A until June 4, 2014. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioners tended to administrative duties.

10:30 a.m., Commissioners recessed until the afternoon session.

3:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Kirby, Clerk Poston, and Deputy Clerk Michelle Rohrwasser.  

3:30 p.m., Commissioners participated in the District I legislative conference call along with Treasurer Jenny Fessler, Assessor Dave Ryals, Clerk Glenda Poston and various other elected officials from the remaining four northern counties.

The conference call ended at 4:00 p.m.

Chief Deputy Clerk Tracie Isaac joined the meeting.

Commissioner Kirby moved to approve up to 12 weeks of family medical leave (FMLA) for a county employee. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Chief Deputy Clerk Isaac left the meeting.

Deputy Clerk Nancy Ryals joined the meeting and discussed the Idaho Department of Lands memorandum of understanding (MOU) regarding the 2013 CPP (Community Protection Plan) grant for hazardous fuels treatment. Those present questioned whether or not this is an MOU that Commissioners need to complete as this is a grant that is administered by Panhandle Area Council. Deputy Clerk Ryals said she would check with Don Gunter with the Fire Safe Program to see who is to complete the paperwork.

Deputy Clerk Ryals left the meeting at 4:20 p.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. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 5:05 p.m., Commissioner Kirby moved to go out of executive session. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to sign a letter to a county employee. Chairman Dinning yielded the chair to second. Motion passed unanimously.

There being no further business, the meeting adjourned at 5:10 p.m.

                                                                        /s/

                                                                        DAN R. DINNING, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk