***Monday, April 29, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.


Clerk Glenda Poston joined the meeting.


Sheriff Greg Sprungl and Sheriff’s Office Administrative Deputy Crystal Denton joined the meeting at Commissioners’ request to discuss a request for proposals for a Sheriff’s Office vehicle.


9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report.


Commissioners informed Ms. Denton and Sheriff Sprungl that the county cannot request a specific make and model when going out for requests for proposals for a vehicle. The specifications can be listed, but not the specific make and model. Sheriff Sprungl said this proposed vehicle will replace the jail transport vehicle as it has become unreliable. Sheriff Sprungl said he hasn’t decided yet if the older vehicle will be deemed surplus and this new one will replace it or if he will use the older vehicle for parts.


Sheriff Sprungl said he wanted to discuss his office’s vehicle maintenance and whether or not to continue in the same fashion. Sheriff Sprungl said Road and Bridge isn’t able to repair as much on the Sheriff’s Office vehicles as is needed so he is just trying to decide whether or not to add to his upcoming budget for repairs.


Commissioners asked Sheriff Sprungl and Mr. Gutshall to get together to talk about this.


Sheriff Sprungl and Ms. Denton left the meeting at 9:05 a.m.


Mr. Gutshall presented a written report. Mr. Gutshall said all roads have been opened to hauling now and there have been requests to fix soft spots in roads. There haven’t been as many potholes in county roads as there have been in prior springs, according to Mr. Gutshall. Road and Bridge is still rock crushing and they have cleaned up the sand used on Ridgewood Road. Ridgewood Road is a bad road in the winter as it has an excessive grade that requires a lot of sand. Ditches on that road have also been rock lined. Mr. Gutshall said a lot of the sand gets blown off by traffic, but some of it will be left alone due to funding.


Mr. Gutshall said Road and Bridge hauled one and one half inch rock to Perkins Lake Road. Two large trees at the bottom of Highland Flats have been cut and removed. Mr. Gutshall said his staff has attended the first aid/CPR training. Commissioners said they would like to check to see which offices might have this training.


Mr. Gutshall said Road and Bridge will install new culverts and approaches on Lookout View Road. Road and Bridge is also working on road sign repairs. GIS Mapper Gary Falcon, Road and Bridge Assistant Superintendent Ken Arthur and Road and Bridge employee Randy Morris will attend a class on the use of Mesa Notepads in Lewiston for disaster purposes. This notepad can also be used to GPS culverts, sign inventory, etc.


There are a couple of major phone lines on Moon Shadow Road and Mr. Gutshall discussed the right-of-way constraints and drainage issues. Approximately one-quarter of a mile will be ripped out as it is torn up and the last section will probably require grader patching and then chipsealing the whole area. The work at Lookout View Road will be minor as Frontier Communications will just move their pedestal back. Frontier has been good to work with, according to Mr. Gutshall.


Mr. Gutshall said he may have to talk to Damon Allen with the Idaho Transportation Department about the Division Street turn-bay and the county may decide not to do this project. Commissioner Kirby mentioned what the discussion was about this during the Boundary Area Transportation Team (BATT) meeting.


Mr. Gutshall said operations will be bare bones until funding matters are figured out. Business will consist of maintenance and not reconstruction.


Commissioner Pinkerton asked about Road and Bridge’s diesel supply. Mr. Gutshall explained the history of fuel tanks at Road and Bridge and the trouble with them. Commissioner Pinkerton spoke of his experience using biodiesel and how inexpensive it is compared to regular diesel. Mr. Gutshall said the trucks now have different emission procedures and mentioned what goes along with that. It was mentioned that there might have been a potential issue with the equipment’s warranty by switching to biodiesel. Mr. Gutshall was asked to look into the use of biodiesel.   


The meeting with Mr. Gutshall ended at 9:35 a.m.


9:35 a.m., Courthouse Maintenance Jerry Kothe joined the meeting to give the departmental report. Mr. Kothe presented a written report. The Waterways Board has received six concrete picnic tables so they have been unloaded. Mr. Kothe reported there had been a plugged sewer line behind the Extension Office. The line runs straight from the Sheriff’s Office and the blockage seems to be due to some type of heavier paper towel.


Mr. Kothe presented Commissioners with a quote for repairing the benches in the large courtroom. It’s thought there are enough funds in the current budget to work on a couple of the benches. Commissioners asked Mr. Kothe to compare the two quotes received and decide which is best.


Chairman Dinning said the topic of smoke alarms has come up and he asked where they are located in the Courthouse. Mr. Kothe pointed out the locations. Clerk Poston mentioned the planting that will be done in front of the Courthouse and the need to have a schedule to keep the flowers watered. Mr. Kothe said he has fertilized the Courthouse lawn and he’s noticed moss growing.


Chairman Dinning asked when the last time the back parking lot was sealcoated. Mr. Kothe said he didn’t know, but Mr. Gutshall will have a record of that. Clerk Poston mentioned the strip down at the fairgrounds that needs tended to as well. The bleachers at the fairgrounds need to be pressure washed. Mr. Kothe said he feels the boiler company should come up and check on the boiler to make sure there are no bad valves, etc. Tim Fulton should be ready to work on Memorial Hall soon, according to Mr. Kothe.


The meeting with Mr. Kothe ended at 9:55 a.m.


Commissioner Pinkerton moved sign the Deed of County Property for parcel #RP62N02E055570A and parcel #RP62N02E117350A once the legal descriptions have been verified. These are the parcels that sold at the tax deed property auction. Commissioner Kirby second. Motion passed unanimously.  


Chairman Dinning said Ron Sukenik, who is the successful bidder for two out of the three tax deeded properties offered for sale at auction on April 22nd has made an offer to purchase the third property as it did not sell at the auction. Commissioners said another option is to see if the adjoining property owner would like to make an offer on this property.


Commissioner Pinkerton moved to appoint Bob Case to the Boundary County Board of Community Guardians, replacing Dick Hollenbeck with a term to expire January 2016. Commissioner Kirby second. Motion passed unanimously.


Kyle Flory and Rob Tenas of Kyle and Rob Productions joined the meeting.


Chairman Dinning said there is approximately $12,000 in a fund available for Mr. Flory and Mr. Tenas to make their documentary for Boundary County and if donations do not come in, the county will have to budget for the remaining $8,000 and pay it October 1st. Mr. Tenas and Mr. Flory said that would be fine and they have set up a business account. Chairman Dinning said Commissioners are looking at the current contract with the understanding that it will change. Commissioner Pinkerton discussed having a work schedule or timeline with Mr. Flory and Mr. Tenas and including addendums to their contract.


Commissioner Pinkerton moved to sign the Documentary Contract with Kyle and Rob Productions. Commissioner Kirby second. Motion passed unanimously.  


Chairman Dinning said the county’s prosecutor submitted a letter of approval for the contract. Clerk Poston said she will need the employment identification number (EIN) information for Kyle and Rob Productions. Chairman Dinning asked what funding is needed to get the project started. Mr. Flory said they could bring in their billing information today.  


The meeting with Mr. Flory and Mr. Tenas ended at 10:30 a.m.


Deputy Clerk Nancy Ryals joined the meeting at 10:35 a.m.


Clerk Poston mentioned to Commissioners that she and Deputy Clerk Nancy Ryals attended an informational meeting on the Affordable Healthcare Act. Clerk Poston said she is going to obtain a quote on the Play or Pay Program for health care and it’s just for information. Clerk Poston informed Commissioners that part time employees have to work less than 30 hours per week otherwise the county will need to provide medical insurance benefit.


Chief Probation Officer Stacy Brown joined the meeting at 10:40 a.m.


Ms. Brown said she would like to turn a part-time position in her office into a permanent part-time position and the reason is due to the increased amount of paperwork that is coming in. The Idaho Juvenile Defender System takes a good amount of time to enter information and that is just trying to catch up. There is an increase in case loads as they are up 60% from normal. Ms. Brown said she thought she could pay the juvenile probation officer position with lottery funds, but she can’t take money from the lottery fund for something that is already being paid for. Ms. Brown said it isn’t supplanting when it’s paying for this new part time position. Ms. Brown said having an employee on Family Medical Leave Act (FMLA) frees up salary while still covering medical insurance so it could work. This part time position could take the social history work from the probation officer, but that also may not work as it’s important for the probation officer to understand the juvenile’s family situation. 


Ms. Brown explained how her office is designating the increasing work load. Chairman Dinning said his concern would be in one year that case load would drop back down. Ms. Brown said she would have to let the part time position go in that case. Chairman Dinning said as long as the county can afford it the position will be there if that is what he is hearing, but if the case load or funding drops, Commissioners will have to readdress this.


Commissioner Pinkerton said for confirmation that this temporary employee knew at the end of 10 weeks the position would end and it was said this condition could be reworded to state “until the position is no longer needed.” Clerk Poston said there is no money in the budget to fund this position. Within the current budget there is only $5,000 and there is money in the lottery fund, but the lottery fund is not earmarked. Chairman Dinning mentioned the pot of lottery funds that wasn’t budgeted for salaries and financial savings that will come up. It was questioned if that savings will be enough to do what is wanted or would it fit under the program’s expenses. Clerk Poston said it is not supplanting because the position didn’t exist prior. Ms. Brown said she checked with the state on this matter and funding has to be strictly for juvenile probation and that is her intent. Ms. Brown said this position is less than 24 hours per week. Clerk Poston said Commissioners and Ms. Brown should also be cognizant of Public Employment Retirement System (PERSI) benefits if the part time employee works more than 20 hours per week so 19 is the perfect number.  


Chairman Dinning provided a recap and mentioned that funds are available to do this. It was said this part time employee will work 24 hours or less per week and it’s just an extension of a part time position. Commissioner Pinkerton said he doesn’t have a problem with this scenario. Ms. Brown said for clarification if the position is not needed, it won’t be there and that is an absolute.


Chairman Dinning said this is her department and she is just keeping Commissioners informed.


The meeting with Ms. Brown ended at 10:50 a.m.


10:50 a.m., Commissioner Pinkerton moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 10:52 a.m., Commissioner Pinkerton moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously. 


Commissioner Pinkerton moved to deny indigent applications #2013-13 and #2013-16 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.


Deputy Clerk Ryals left the meeting at 10:55 a.m.


11:00 a.m., Commissioners and Clerk Poston discussed the matter of the promissory note in relation to the county’s Ambulance Service District and Boundary Volunteer Ambulance. The promissory note had been signed in order to borrow $80,000 from the county’s Solid Waste Department to be used as payment to Boundary Volunteer Ambulance for county ambulance service. Commissioners had received a copy of a letter from the Attorney General’s Office referencing a county’s borrowing and funding issues and County Prosecutor Jack Douglas concurred with the Attorney General’s Office that Boundary County needs to pay the promissory note back. Commissioners said there is no question that process was started and the $80,000 needs to be paid back. Chairman Dinning said a copy of this opinion has been given to Boundary Volunteer Ambulance and their attorney.


Commissioners tended to administrative duties.


11:30 a.m., Commissioners discussed county property located behind the Courthouse that Commissioners are considering offering for sale. Chairman Dinning said he received one quote for $500 to have an appraisal done and another quote for over $1,000. Commissioner Kirby said a proposed commercial use for this property looks better to him in the long haul and this is a small piece of property that doesn’t affect the county’s ability to expand if it ever needs to. Commissioners reviewed the property of interest.


Chairman Dinning said this property needs to be declared surplus and a resolution needs to be prepared.


Commissioner Pinkerton moved to declare Lots 3 – 7 of Block 4 surplus as it is not needed by Boundary County and Commissioners feel it’s in the best interest to sell this property. Commissioner Kirby second. Motion passed unanimously.


Commissioners received a new agreement from Bonner County Juvenile Detention Center that runs through September 2014. Commissioner Pinkerton reviewed the cost of $110 per day to house each juvenile. Clerk Poston asked if the contract automatically renews and if the current rate changes. The contract states that either party can terminate the agreement with a 30 day notice. Chairman Dinning said this does not in any fashion terminate the agreement with the Regional 1 Juvenile Detention Center and Boundary County intends to keep using that facility for the various services that are offered. Sheriff Sprungl is also in agreement, according to Chairman Dinning.


Commissioner Pinkerton moved to enter into and sign the contact with Bonner County Juvenile Detention Center. Commissioner Kirby second. Motion passed unanimously.


Chairman Dinning said Commissioners had asked County Prosecutor Jack Douglas to review what is allowed pertaining to the purchase of an easement through county property for access to state land. A condition of the Commissioners was that the road easement is to be open to the public to the boundary line of the state land. Commissioners talked about the reduced offer of $4,000.


Commissioner Kirby moved to accept the offer of $4,000 from Boundary Abstract for the road easement west of the landfill subject to the road being open to public at all times to the boundary of the state’s land. Commissioner Pinkerton second. Motion passed unanimously.


Commissioners said they would draft a letter to Boundary Abstract notifying them of Commissioners’ decision tomorrow.


11:45 a.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.     


***Tuesday, April 30, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.


Clerk Glenda Poston joined the meeting.


9:00 a.m., Restorium Board members Larry Dirks, Larry Hall, Wilma DeVore, Jeanne Robinson; Restorium Administrator Karlene Magee and Assistant Jeri Witt joined the meeting.  


Mr. Dirks said the Restorium Board has decided to change the way they deliver their minutes to Commissioners in that they will try to get their meeting minutes to Commissioners within one week to ten days after their meeting. Mr. Dirks said in the past by the time the minutes got to Commissioners matters were already history. Chairman Dinning suggested sending Commissioners the Restorium Board meeting minutes in draft form and to just label them “draft”.


Mr. Dirks presented Commissioners with a copy of the Restorium Board’s suggested room rate increase. The Restorium Board recommends increasing the rental cost of the small rooms from the $1,351 to the proposed amount of $1,752. This new rate would apply to new residents moving into the Restorium and the current residents would remain at the lower rate. There are 18 rooms of this smaller size left. Mr. Dirks said the rooms at the Restorium have the same size living space, with the exception that the large rooms have an extra closet and more room around the sink. Services provided are the same. Mr. Dirks said if Commissioners approve of this proposal, the Restorium Board can continue to work on this.


Chairman Dinning said last time Commissioners talked with the Restorium Board he mentioned talking with a consulting firm, and Commissioners are in the process of waiting to receive an email from this company just to see what is recommend.


Commissioners and the Restorium Board discussed the matter of rental rates again and Mr. Dirks said his Board has discussed this matter quite a lot during their last meeting. Mr. Dirks said he asked Ms. Magee about the amount of Social Security funds received from each resident and $900 per month was a close average. The higher the percentage is raised is more money, of course, but it’s about the service; not the room.


Chairman Dinning said there is another senior care facility in the area and that facility’s base rate is $2,800. Mr. Dirks said that is a facility in which the resident basically takes care of themselves. Chairman Dinning said the Restorium helps with medications and that is a difference. Ms. Magee said in most facilities residents need assistance with bathing, taking medications and doctor’s appointments and that is considered extra.


Commissioner Kirby asked if there has been some communication with new residents as to what services are provided. Ms. Magee said yes, it’s in the admissions packet. Commissioner Kirby said he will review the Restorium’s Manual to have a better understanding.


Chairman Dinning said what is being discussed is about better communication so we all know what is going on. Commissioners are ultimately on the hook for making decisions.


Commissioner Pinkerton said to him it’s important to make the Community Restorium successful. Commissioner Pinkerton said for a new Commissioner coming in it’s to see how the Restorium is running, how long can the county afford to fund “X” amount for the Restorium, and how can the Restorium support itself for the long run. The county needs to get the Restorium to where it’s paying for itself as close as the county can get so the Restorium can excel. Commissioner Pinkerton mentioned the proposal of raising rates for the smaller 18 rooms, but he doesn’t see an increase for the larger rooms unless he’s missing it. It was said the larger rooms currently rent for $1,752, and there has been a recommendation to increase the rent for small rooms. Mr. Dirks said there would be an increase in rent for everyone. Commissioners said there are 18 rooms with a proposed increase and there is already one room at $1,900 so will there be any increase for the rest of the rooms. Mr. Hall said the first of October there will be an increase and Commissioner Pinkerton mentioned the Restorium Board is proposing a 3% increase for all residents.


Chairman Dinning said Commissioners just received information about the Affordable Healthcare Act and in the Act it mentions matters involving part time employees that could really affect the county as far as the Restorium and other departments with part time employees.


Clerk Poston said any employee working more than 30 hours is considered a fulltime employee and they would require benefits. The county now cannot have part time employees working more than 24 hours per week or 29 hours if they work a 10 hour shift as they would need benefits, which is expensive. The medical insurance rate could cost $2,000 per month for a family if there is an increase and currently this rate is at $1,600.


Ms. Witt said currently the Restorium does have part time employees who are working more than 30 hours per week. Ms. Magee asked what to do about that as last time she had to reduce hours she had an employee sign up for unemployment benefits. Commissioner Pinkerton explained that there is a lot of rhyme and reason for pushing this cost increase for room rates.


Mr. Dirks said he’s concerned if the Restorium’s rates are raised too high, families will want to keep their elderly relatives at home so there is a fine line that we all are aware of. Commissioner Kirby said with new residents coming to the Restorium we shouldn’t have that scenario. Mr. Dirks said even current residents will move into the smaller rooms. Chairman Dinning said the county is also not sure about what unemployment rates will do, etc., as far as what the county is faced with. Chairman Dinning said he’s not blaming anyone or saying anything in a derogatory manner, but the Restorium has the highest turnover probably because people move on, but the county has to look at that. The county also has to plan for when the Road and Bridge Department doesn’t receive $1,000,000 in Secure Rural Schools funding any longer. Road and Bridge is trying to be proactive and Chairman Dinning mentioned that two Road and Bridge Department positions were cut and not filled. The county has not come to a conclusion with the Boundary Volunteer Ambulance yet as far as a contract and the county is trying to figure out how to accomplish meeting the needs.


Commissioner Pinkerton said unemployment is not charged back to the Restorium so it’s not a cost they bear; it’s borne in the general fund. Chairman Dinning said there has been a lot of turnover and Boundary County took a hit of roughly $40,000 to $50,000.


Chairman Dinning said he tells the elected officials and department heads during the department head meeting once per month that Boundary County is fortunate because of the good relationships that the county offices have with each other when other counties don’t get a long as well. It takes real effort to go down the road and that feuding doesn’t occur and that is the only way to take care of going forward.


Ms. DeVore asked how much the consulting firm is going to charge for their survey. Chairman Dinning said he’s waiting for that information and when he does hear, he will talk to Mr. Dirks and Ms. Magee. Chairman Dinning explained what Valley Vista Care Center, who has offered to provide consulting services, is about. Mr. Dirks asked to be notified of what Commissioners come up with.


It was said January 1st of the next budget is when the matter involving part time begins. Chairman Dinning said to plan for two outcomes such as worst case scenario along with a second option. Chairman Dinning said there are a lot of things Commissioners have to plan for, but they will not know if the Affordable Healthcare Act will ultimately have to be in affect. Commissioner Kirby said no matter what we collectively will pay for Obamacare.


Clerk Poston explained how worker’s compensation insurance and unemployment insurance premium increases eat into the levy increases for county departments and how grants are decreasing, which affects funding for probation officers, etc. Commissioner Pinkerton said if the county is going to keep these types of programs, we have to find a way to make it work.


Mr. Hall asked if Commissioners are okay with the room increases proposed. Chairman Dinning said he’s not sure how Commissioners will handle the increases coming up. Commissioner Pinkerton said the increase is helpful, but it won’t get to the fix the county is in. It can be agreed to that this is a step in the right direction, but we’re not there yet, although we’re making headway.


Mr. Dirks said as far as the increase for the smaller rooms does a public hearing have to be held. Chairman Dinning said it does since the increase is more than 5%, but he’s not worried about a public hearing. Commissioners and the Restorium Board have to look at what is in the best interest of the facility.


County Prosecutor Jack Douglas joined the meeting at 9:40 a.m.


Clerk Poston briefly discussed upcoming budget scenarios and said the Restorium’s budget for food last year was $65,000. Currently 64% of the food budget has been expended, but only 58% of the year is lapsed. If food costs have increased, maybe the rate should be looked at differently.


Ms. Witt said during the last state inspection the Restorium was told they needed to add two snack times so that is being done. In addition to the regular meals residents are given fresh fruit and juice twice every day and that is expensive. Chairman Dinning said that is part of the analysis to consider as maybe that 3% is not breaking even. The county is not there to harm existing residents in any fashion, but the county needs to get on the financial path of not being liable.

Ms. Robinson said she doesn’t understand the surplus items such as the items in the storage shed that need to be gotten rid of. Ms. Robinson said she isn’t sure what needs to be sold at auction. Chairman Dinning said anything that has value that has been determined surplus has to be sold; it can’t be given away. Once an item has gone to auction and it doesn’t sell, Ms. Magee can then sell that item to anyone she wishes. Holding a public auction used to be done by Commissioners, but now each department will handle their own auction.


The meeting with the Restorium Board, Restorium Administrator and Assistant Administrator ended at 9:50 a.m.


9:50 a.m., Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 10:00 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.


Prosecutor Douglas left the meeting.


Commissioner Kirby moved to sign the letter of support to the United States Forest Service in regard to the Twentymile Creek Environmental Analysis Project. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “nay”, and Commissioner Kirby “aye”. Motion passed.  


Commissioner Kirby moved to sign the letter of support to the United States Forest Service in regard to the Proposed Kreist Creek Project. Chairman Dinning yielded the chair to second. Chairman Dinning “aye”, Commissioner Pinkerton “nay” and Commissioner Kirby “aye”. Motion passed.


10:05 a.m., Commissioners reviewed the proposed Extension Office meeting room policy. Commissioners and Clerk Poston discussed their recollection of the mention of charging fees. Commissioner Pinkerton said he recalled a fee of $10 proposed for use over the weekend otherwise the use of the room was free to such organizations as 4H, etc. Clerk Poston mentioned the need for a public hearing to consider establishing fees since there had not been a prior rental fee.


Commissioner Pinkerton spoke of the need to raise the rate of the Restorium’s larger rooms by the same amount as the lower rooms otherwise you have different size rooms for the same cost. Clerk Poston spoke of the Medicaid rate and how it is based on the level of care and documentation submitted.


Commissioners and Clerk Poston reviewed various personnel related matters.


There being no further business, the meeting adjourned at 11:10 a.m. 




                                                                        DAN R. DINNING, Chairman







By: Michelle Rohrwasser, Deputy