***Monday, September 30, 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 spoke to County Civil Attorney Tevis Hull via telephone.

 

Commissioner Pinkerton moved to go into executive session under Idaho code #67-2345(1)a, to consider hiring a public officer, employee, staff member or individual agent, and 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. 9:30 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.

 

9:30 a.m., Road and Bridge Superintendent Jeff Gutshall and Courthouse Maintenance Jerry Kothe joined the meeting to provide their department reports. Mr. Gutshall presented a written report.

 

Mr. Gutshall reviewed his department report as follows: work on the Westside Road to repairs sloughs, removing wind blown trees, cutting brush along Cow Creek Road, and crushing. Mr. Gutshall informed Commissioners that he has a pre-work meeting on the emergency projects.

 

Mr. Gutshall reported he worked on a press release with County Public Information Officer Mike Meier about the closing of a section of Lyons Den Road. Mr. Gutshall hopes the projects will be done at the end of the month, which would be a three week closure. In the meantime it’s a complete closure. Mr. Gutshall said Pleasant Valley’s detour looks great, but there are certain areas toward the top end of the detour that may need some work.

 

Mr. Gutshall’s report also discusses pouring pavement and installing culverts on the old highway, ditching near the golf course and working near the Deer Creek area.

 

Mr. Gutshall said he has approximately $140,000 to carry over in his B and C budgets, if his numbers are correct.

 

Mr. Gutshall informed Commissioners that he did research on the legislation for the 129,000 pound truck routes. The Local Highway Technical Assistance Council (LHTAC) has developed some engineering formulas they would like to apply to local roads. Boundary County would sustain damage by multiple axels, according to Mr. Gutshall. Mr. Gutshall said Boundary County will not suffer by weight, but will have problems with trailers having multiple axels turning. It was said one thought is this legislation will probably improve the highway, but it’s anticipated that Roosevelt will be requested as a route for these larger trucks. According to Mr. Gutshall, the law sates there is nothing in place to force the county to allow these larger trucks.

 

Mr. Gutshall discussed the date of the next Boundary Area Transportation Team (BATT) meeting.

 

Commissioner Pinkerton moved to go out to bid for the county’s fuel supply for fiscal year 2013-2014. Commissioner Kirby second. Motion passed unanimously.   

 

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

 

Courthouse Maintenance Jerry Kothe met with Commissioners to present a written report. Mr. Kothe’s report includes: getting ready for fall, taking soccer goals down, changing oil and filters on the 3600 tractor, installing a box for recording equipment in the courtroom, and putting away tables and chairs in a shed at Riverside Park. Mr. Kothe discussed the broken sight glass on the meter for the boiler. Mr. Kothe said he expects to hear from the roofer sometime this week.

 

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

 

Treasurer Jenny Fessler and Bonners Ferry Herald Reporter Laura Roady joined the meeting.

 

Treasurer Fessler informed Commissioners Mr. & Mrs. Umphenour have requested an extension to pay their 2010 taxes. Treasurer Fessler said this property owner has also requested an extension in the past. Commissioners asked Treasurer Fessler to find out more details.

 

Treasurer Fessler left the meeting.

 

10:00 a.m., Sheriff Sprungl joined the meeting.

 

Commissioners discussed the County Extension, University of Idaho College of Agriculture Cooperative Extension System budget documents. Chairman Dinning said it’s a University of Idaho agreement to provide a certain level of funding. There are county employees at the Extension Office as well University of Idaho employees.

 

Commissioner Pinkerton moved to authorize the Chairman to sign the University of Idaho College of Agriculture, Cooperative Extension System, County Extension budget for year 2014. Commissioner Kirby second. Motion passed unanimously.  

 

Commissioners spoke to Carl Ericson, Risk Management Legal Counsel for the Idaho Counties Risk Management Program (ICRMP), via telephone to discuss jail standards.

 

Chairman Dinning said Boundary County has received a letter regarding two areas of concern pertaining to the county jail, which will result in ICRMP lowering the county’s liability coverage. Mr. Ericson said coverage limits would be reduced from $3,000,000 to $500,000 until the deficiencies are rectified. Mr. Ericson said originally the thought was this reduction would fall into place on October 1, 2013, but then it was decided to take a step that would push the reduction out one year.

ICRMP reviewed the jail inspections for this year and notices were sent to those counties with issues. With the notice there is one more year to work on the issues before insurance limits are reduced from $3,000,000 to $500,000. The new policy year would begin October 1, 2014 and that is when the policy limits would be reduced.

 

Boundary County’s jail did not pass in the areas of training and development because a couple deputies needed CPR training and the jail needs two detention officers on duty at all times. Sheriff Sprungl said another county’s jail had issues for deputies, but since that facility had a plan in place to have adequate staffing in place by a certain period of time, for October 1, 2013, that facility would be considered compliant even though they had received a letter saying they weren’t compliant. Mr. Ericson said if that county had a letter saying the facility would be compliant by October 1st, ICRMP could work with that. August 1st would probably be the latest for a letter of that kind.

 

Chairman Dinning said one of his concerns is the use of the jail standards report that was going to be conducted to determine whether or not there was compliancy. That is done in spring, but even if that says not compliant in one or two areas, the county would be okay as long as it is working with ICRMP to implement a plan. Mr. Ericson said if ICRMP is comfortable that plan will happen, they can work together with the county.

 

Sheriff Sprungl said a couple problems have come up with POST Council and the Jail Standards Committee. Sheriff Sprungl said two years ago the committee came up with a possible solution for smaller counties to create a detention reserve, and a number of counties felt that could help them plug the holes. Sheriff Sprungl said there are other entities that have left him short on creating this position that could fill that need. Sheriff Sprungl said having two detention officers on at all times depends on how many reserves there are and the retention of officers, and he explained how hiring for his office is difficult. Sheriff Sprungl spoke of the thought to use jail technicians. Sheriff Sprungl said ICRMP is basically putting his office at risk rather than supporting the jail. Mr. Ericson said he appreciates the concerns that are being voiced. Mr. Ericson said ICRMP is not saying they are jail experts so that is why ICRMP didn’t create their own standards and are using the Idaho Jail Standards adopted by the Sheriff’s Association. Mr. Ericson said he hasn’t been a part of discussions of who can be a staff member and at the end of the day it’s the Sheriff’s Association that decides what complies and what doesn’t, not ICRMP.

 

Mr. Ericson said he appreciates the concern of exposure and he said one thing ICMRP tries to emphasize is in its history, ICRMP has had a number of claims that were serious and ICRMP was worried about huge damages, however that never has happened. Over 25 to 30 years of ICRMP’s existence, there have been less than five claims of jails having to pay out over $500,000. If ICRMP reduced jail facilities down to coverage of $500,000, it would be unlikely that any claims would come in above that amount anyway. Mr. Ericson said when it comes to matters such as jail suicides, for example, the Sheriff’s employees would really have to be ignoring their duties to put the jail in the situation of a liability. Mr. Ericson said he knows the reduction is a big hit on the liability limits.

Chairman Dinning said if deficiencies are corrected this year and if something else occurred during the spring 2015 jail inspection as a result of the Jail Standards Committee deciding to change something again, will that reduction occur immediately? Chairman Dinning said the Jail Standards Committee does not consider the small community situations. What Mr. Ericson just expressed by reducing insurance coverage limits will actually aid someone in a lawsuit by admitting the standards haven’t been met. Chairman Dinning said going forward Boundary County is looking at one issue being fixed, which is training. Sheriff Sprungl said that matter was taken care of and it was just because a plan had been written. Chairman Dinning said Boundary County is dealing with the hard fix so some assistance from ICRMP, as the county’s insurer, would be to the county’s benefit. There has been sight loss as to who ICRMP is serving, according to Chairman Dinning. There is a viable alternative out there that will not cost the county two or more full time employees as we are up against budget restrictions in that area and then to reduce limits and make us more vulnerable, according to Chairman Dinning. Chairman Dinning asked Mr. Erickson where the reasonableness is in looking out for counties. What if the Committee said there has to be nine detention deputies in the jail, would ICRMP have accepted or help fought that? Is ICRMP enforcing something equal or beyond the national standard? Mr. Ericson said ICRMP has relied on the Sheriff’s Association for this program and has not gone beyond what the sheriffs have decided. Chairman Dinning asked if ICRMP is looking at counties; not just sheriffs.

 

Sheriff Sprungl said the day having two detention deputies at all times became a mandatory standard, one sheriff only had two people in jail. Many sheriffs from small counties don’t even go to the sheriffs’ meetings because they are tired of the deaf ear.

 

Sheriff Sprungl said a few years ago the second person in charge of inspections at the time said if cameras are placed in the cells, they would accept that so he put cameras and audio capabilities in every cell, but then standards were changed again. Sheriff Sprungl said if ICMRP gets into this and learns something about the standards, please don’t rely on the Committee for common sense. Mr. Ericson said he can bring this up and address it at ICRMP as he is not the ultimate decision maker on all of these issues, but there can be more discussion to further address the matter and see where it goes.

 

Commissioner Pinkerton said in the jails throughout the state you can’t have a one size fits all, and he asked Mr. Ericson to please take that statement to the people who will be having the discussion. If the requirements for a business pertains to where the staffing levels are proportionate to the number of inmates, it would behoove members at the sheriffs’ meetings to draw in smaller county inmate population as who suffers are the smaller counties in which the business portion becomes less. If there is a standard that meets a one size fits all, the small counties will suffer to the point they have to close their doors. Commissioner Pinkerton said that is just food for thought for the discussion. The smaller operations have to have a way out of having to meet the standards set by a larger populated area. Mr. Ericson said that may be an explanation that he is not involved in when the standards are set.

 

The call with Mr. Ericson ended at 10:45 a.m.

 

Ms. Roady left the meeting.

 

10:45 a.m., Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)a, to consider hiring a public officer, employee, staff member or individual agent. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 11:00 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.

 

Sheriff Sprungl left the meeting.

 

Commissioners tended to administrative duties.

 

11:00 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting.

 

Mr. Knauth briefly mentioned government shut downs and how ways to keep the Forest Service working are being explored in hopes something will work out even if it rolls into a furlough. If an agreement is worked out, it may not exceed this next week, but if no agreement can be reached, ways to phase a shut down will be reviewed. Mr. Knauth said satellite administrators will take a matter of days to phase a shut down, but it’s again with the hopes to be back at it before having to shut down.

 

Chairman Dinning asked about the Forest Service’s contracts. Mr. Knauth said in order to ensure government’s interests are met, those will be in the crosshairs for the shut down. Mr. Knauth said he has received a vague direction as to what would be discontinued or not. If the federal government goes into a full shut down, Mr. Knauth said he would be the only one in the office. Forest Service law enforcement would also be considered essential and has their own chain of command.

 

Mr. Knauth said the Forest Service is looking to replace culverts on the road to Roman Nose and it’s in the area beyond what is being logged at the moment. This road will be closed tomorrow for the next two weeks, according to Mr. Knauth.

 

Chairman Dinning said the road he had been visited about all along is on the Hellroaring project and the talk was about turning this area into an ATV trail. It was said this road would remain in the Forest Service’s system so it wouldn’t be turned into an ATV trail. It was said there are two or three mining claims up in that area. The current plan is to not widen this road from what the width currently is. Chairman Dinning said he would like for this road to stay in the system. Mr. Knauth said the Forest Service could use a cost share agreement with counties simply because of in-kind work such as the use of equipment, so there is no exchange of funds. Mr. Knauth said in discussing this road prior, he had not heard of any real issues one way or another as far as widening it. The Forest Service just decided not to take that on as part of the project. Chairman Dinning said there had been discussion of just letting the ATV riders use it and keep it in the road system.

 

Mr. Knauth said the Hellroaring project still looks good and there was a field tour last week. There hasn’t been a lot of discussion as probably everyone has been on board from the beginning.

 

Mr. Knauth said the Kriest project ran into a bit of a snag that will delay it some. This will likely lead to the Forest Service having to go out for comments, but he will check with National Environmental Policies Act (NEPA) authorities. Mr. Knauth said he can’t recall how many acres are included in the three units.

 

Commissioner Pinkerton mentioned that he would prefer to not see gates, and Mr. Knauth said he would see what the options are.  

 

Mr. Knauth said all other projects are ongoing. As the Forest Service moves into new projects, which are Boulder and Deer, Boulder will have road issues. The Forest Service had a burn planned for Saddle Pass, but it’s not certain if that window of time will be available. Another burn had also been planned for Stampede consisting of 190 acres total, but that can be broken into smaller pieces. Mr. Knauth said he’s hoping the area will dry out so the Forest Service can get in there.  

 

Chairman Dinning spoke of timber sales, and he added that he feels it would be good to have appropriate staffing in Bonners Ferry for that time instead of having staff travel from Coeur d’ Alene. For budget cuts, Mr. Knauth said he will push back as much as he can. Mr. Knauth said there hasn’t been funding for recreation for some time.

 

Mr. Knauth said the Lower Priest sale sold last week for well above the minimum bid. The market is better and prices are coming back up.

 

The meeting with Mr. Knauth ended at 11:44 a.m.

 

Commissioners reviewed year end claims for payment. Fund totals are as follows:

 

Current Expense                                   $51,083.21

Road & Bridge                                      17,101.27

Airport                                                     1,356.09

District Court                                           5,147.33

Justice Fund                                            47,601.92

911 Funds                                                    402.19

Indigent & Charity                                   5,762.39

Parks and Recreation                                1,836.81

Revaluation                                                  779.20

Solid Waste                                               8,637.18

Tort                                                           1,243.26

Veterans Memorial                                       226.98

Weeds                                                     25,872.00

County EMS                                                  61.95

Restorium                                                  5,298.92

Waterways                                                   233.77

Grant, Fire Mitigation                             32,728.55

 

                          TOTAL                    $205,373.02

Trusts

Auditor’s Trust                                       12,050.47

Sales Tax Collected                                     992.26

Magistrate Trust                                        1,081.17

Insurance Reimbursement Trust                  141.84

Drug Forfeiture Trust Fund                    47,909.95

 

                        TOTAL                        $62,175.69

                       

                        GRAND TOTAL     $267,548.71

 

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2013).

 

Commissioner Pinkerton moved to adopt Resolution 2013-37. A resolution establishing fire mitigation grant revenue account and expense budget due to receipt of unanticipated revenue from the Bureau of Land Management. Commissioner Kirby second. Motion passed unanimously. Resolution 2013-37 reads as follows:

 

RESOLUTION 2013-37

ESTABLISH FIRE MITIGATION GRANT REVENUE ACCOUNT AND EXPENSE BUDGET DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM THE BUREAU OF LAND MANAGEMENT

 

            WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2012-2013; and

            WHEREAS, $18,742.85 in unanticipated grant funds have been received from the Bureau of Land Management for fire mitigation purposes; and

                                   

            WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and

 

            WHEREAS, it is appropriate to establish Fire Mitigation Grant Revenue Budget Account Number 102-00-324-010 in the amount of $18,742.85 and Expense Budget Account Number 102-01-709 in the amount of $18,742.85 in order to pay Fire Mitigation expenses.

           

            NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

 

            IT IS RESOLVED that the establishment of the Fire Mitigation Revenue Budget Account Number 102-00-324-010 and Expense Account Number 102-01-709 in the amount of $18,742.85 is hereby authorized and ordered, and

 

            IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

 

            DATED this 30th day of September, 2013

                                                                       

                                                                        COUNTY OF BOUNDARY

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        s/______________________________              

                                                                        Dan R. Dinning, Chairman

                                                                        s/______________________________                      

                                                                        LeAlan L. Pinkerton, Commissioner

                                                                        s/______________________________                     

                                                                        Walt Kirby, Commissioner

ATTEST:

s/_________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners                

Recorded as instrument #258946

 

Commissioner Pinkerton moved to adopt Resolution 2013-38. A resolution establishing fire mitigation grant revenue account and expense budget due to receipt of unanticipated revenue from the Idaho Department of Lands. Commissioner Kirby second. Motion passed unanimously. Resolution 2013-38 reads as follows:

 

RESOLUTION 2013-38

ESTABLISH FIRE MITIGATION GRANT REVENUE ACCOUNT AND EXPENSE BUDGET

DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM THE IDAHO DEPARTMENT OF LANDS

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2012-2013; and

 

                WHEREAS, $146,129.03 in unanticipated grant funds has been received from the Idaho Department of Lands (IDL) for fire mitigation purposes; and

 

                WHEREAS, $4,382.88 of the IDL grant funds received in fiscal year 2011-2012 was not spent in that fiscal year and it is appropriate to carry those funds forward into fiscal year 2012-2013; and

                WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and

 

                WHEREAS, it is appropriate to establish the Fire Mitigation Grant Revenue Budget Account Number 102-00-324-011 in the amount of $150,511.91 ($146,129.03 from revenue received in fiscal year 2012-2013 and $4,382.88 from cash carry forward from fiscal year 2011-2012); and

 

                WHEREAS, it is appropriate to establish the Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $150,511.91 in order to pay fire mitigation grant expenses.

               

                NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

 

                IT IS RESOLVED that the establishment of the Fire Mitigation Revenue Budget Account Number 102-00-324-011 and Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $150,511.91, is hereby authorized and ordered; and

 

                IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

 

                DATED this 30th day of September, 2013

 

                                                                                                COUNTY OF BOUNDARY

                                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/_______________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/________________________________                      

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/________________________________                     

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/_________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #258947

 

Commissioner Pinkerton moved to adopt Resolution 2013-39. A resolution amending the schedule of starting wages. Commissioner Kirby second. Motion passed unanimously. Resolution 2013-39 reads as follows:

 

RESOLUTION 2013-39

 

AMENDED SCHEDULE OF STARTING WAGES

 

                WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho Code, and

 

                WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provision and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits; and

 

                WHEREAS, the Boundary County Commissioners find it necessary to revise the Schedule of Starting Wages, and

               

                WHEREAS, Rule 4B of the Boundary County Personnel Policy that was adopted as Resolution Number 2008-35 on September 30, 2008 allows the Board of County Commissioners to review and make adjustments to the Schedule of Starting Wages by resolution as required,

 

                NOW, THEREFORE, be it resolved by the Board of Boundary County Commissioners that it is in the best interest of the County to amend the Schedule of Starting Wages as follows:

                                                                               

                                                                                                            Law Enforcement *

                                                                                                            & Firefighters                                                        

   Grade             10/1/2013         Only 10/1/2013     

1

7.08

7.22

2

7.49

7.64

3

7.92

8.07

4

8.36

8.53

5

8.86

9.03

6

9.35

9.54

7

9.90

10.09

8

10.48

10.68

9

11.07

11.29

10

11.72

11.95

11

12.41

12.65

12

13.13

13.39

13

13.90

14.17

14

14.71

15.00

15

15.57

15.87

16

16.48

16.81

17

17.45

17.79

18

18.47

18.83

 

 

*Law enforcement is defined as patrol deputies, detention deputies and courthouse security only.

 

Effective October 1, 2013, a 30¢ per hour shift differential for 6:00 p.m. to 6:00 a.m. shift work will be given. Holiday, sick, vacation, comp time, jury duty, and bereavement leave do not qualify for shift differential pay.

 

THIS RESOLUTION shall be effective on October 1, 2013.

 

                PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 30th day of September, 2013.

                                                                                                COUNTY OF BOUNDARY

                                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/______________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/______________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/______________________________                     

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/__________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #258948

 

Commissioners recessed for lunch at 12:00 p.m.

 

1:50 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, Clerk Poston, and Deputy Clerk Rohrwasser.

 

Deputy Clerk Nancy Ryals joined the meeting.

 

Commissioner Pinkerton moved to set reimbursement on indigent account #2013-12 at a minimum of $50 per month beginning in October 2013 plus 50% of annual state and federal tax refunds. Commissioner Kirby second. Motion passed unanimously.  

 

Commissioner Pinkerton moved to deny indigent applications 2013-30 and 2013-32 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

 

Deputy Clerk Ryals left the meeting at 1:51 p.m.

 

Commissioner Pinkerton moved to approve minutes of August 26 & 27, 2013. Commissioner Kirby second. Motion passed unanimously.

 

1:50 p.m., Dave Walter with Panhandle State Bank, Roxanne Grimm and De Ressa with Epic Land Solutions, and City of Bonners Ferry Administrator Stephen Boorman joined the meeting to discuss funding for matters pertaining to the airport land acquisition project. County Civil Attorney Tevis Hull participated in the meeting via telephone.  

 

The purpose of the meeting is to discuss the possibility of the county borrowing funds for the airport land acquisition project as it pertains to LaVern and Eunice Dinning’s property. Chairman Dinning asked Attorney Hull if he could participate in the discussion, but refrain from the decision process. Attorney Hull said Chairman Dinning could stay, but felt he should not partake in discussions pertaining to Laverne and Eunice Dinning’s property.

 

Chairman Dinning discussed borrowing funds from Panhandle State Bank to help close the transaction of the Dinning’s property. Chairman Dinning suggested borrowing $200,000. Mr. Walter said he could loan $200,000, but he will need a few items for the transaction. Mr. Walter said he would take the assignment of the transactions so proceeds would go back to pay the note. The note would be short term at 90 days or two weeks to 30 days, according to Mr. Walter. Attorney Hull agreed saying yes, as long as an account has been set up with the Federal Aviation Administration (FAA) because if the grant offer is accepted, he understood the county could draw on those funds. Attorney Hull said he has no objections to the Commissioners signing the note. Mr. Walter said he would just need the minutes from this discussion and a resolution from the county authorizing the appropriate person to sign. Mr. Walter said he will also ask for a copy of the grant. The cost of financing would be at 4.25% interest with $1,000 fee.

 

Attorney Hull said Commissioners may want to discuss the Merrifield property as it is upside down. Attorney Hull said when he emailed both Ms. Grimm and Brad Niemeyer with JUB Engineering last week, he indicated the county would be responsible for paying the difference between the offer and outstanding mortgage balance and that amount is $17,000. Attorney Hull asked if that is an accurate recollection of what the county has been informed. Ms. Grimm said she had asked the Merrifield’s for a 30-day pay off so the amount is probably closer to $15,000 and that amount can be reimbursable. Attorney Hull asked if that amount would come out of the same fund that is used for acquisition. Ms. Grimm said yes. Attorney Hull said he had received a phone call from person the Merrifield’s have purchased the property from so we need to stay in touch with them from that standpoint.

 

Mr. Walter asked for clarification pertaining to the Dinning’s property. It was said the agreed upon price for the Dinning’s purchase was $180,514 and that includes the escrow fee, title insurance, etc., according to Ms. Grimm. The relocation entitlement is $37,015 and those funds go to Pioneer Title for the replacement home in Coeur d’ Alene. Chairman Dinning asked if only the $37,000 is needed to close, and Ms. Grimm said the whole amount is needed, and they are two separate transactions. Ms. Grimm said the whole amount is reimbursable from the FAA. Chairman Dinning added that is reimbursable less the match. Ms. Grimm said she would assume there will be reimbursement except for the 6%.

 

Attorney Hull said there are still issues to discuss regarding the easement on the Dinning property, and the other issue is when he looked at the title report, there was a statement and an issue with the legal description. Attorney Hull said he notified Mr. Niemeyer about that so Mr. Niemeyer will look into that as the transaction can’t close until he knows what the county is buying.

 

Mr. Boorman discussed easement matters pertaining to the Dinning property and he said the City of Bonners Ferry just needs the right to ingress and egress. Mr. Boorman said he just needs a document for the City Council meeting tomorrow.   

 

Chairman Dinning said we need to look at an amount of $217,529 for a closing on Friday and the county should receive 94% or 95%. Clerk Poston asked if funds paid to JUB Engineering will be reimbursed. Chairman Dinning said he recalled everything will be reimbursed less 6%. Clerk Poston asked who is submitting the request for reimbursement and the response was Mr. Niemeyer.

 

Chairman Dinning questioned the possibility of working out the easement and having the property description corrected by tomorrow. Attorney Hull said that wouldn’t happen as the other matter is to get approval from the FAA as to the easement. Attorney Hull said he would email Mr. Niemeyer after this meeting to let him know of the height and narrowing additions from the centerline and the need for ingress and egress for the City of Bonners Ferry to access their transmission lines. It was said this information will be need to be approved prior to the end of day Wednesday so the transaction can close on Friday. Chairman Dinning said he feels the FAA should be able to pre-approve the easement prior to the City’s Council meeting. Attorney Hull said the request for reimbursement can’t be submitted to the FAA until the easement issue is satisfied. So any issues will either delay or deny reimbursement. Attorney Hull said he feels the issues will be worked through, but in having worked through the issues before, it’s never 100% certain.

 

Chairman Dinning left the meeting at 2:25 p.m.

 

Attorney Hull said we need to get the correct legal description and the easement issue cleared up, and he asked what the turn around time is to get funding from the bank. Mr. Walter said if matters are cleared up Wednesday, he could have the funds for closing on Friday as he needs 48 hours to prepare documents. Mr. Boorman said if the easement subordination agreement isn’t ready by tomorrow, the City Council could possibly hold a special board meeting. Attorney Hull said the paperwork needs to be presented to Mr. Boorman to see if it’s in a form acceptable to the City of Bonners Ferry.

 

Ms. Grimm said she will go to Community Title to get the process started. Commissioner Pinkerton said to get financing headed in the right direction is first and foremost. Attorney Hull said if financing is approved subject to the legal description and easement, it should be okay for Mr. Walter to start the paperwork.

 

City resident Jerry Higgs joined the meeting at 2:30 p.m.

 

It was said if the issues cannot be worked out, the county just won’t sign the loan.

 

Commissioner Kirby moved to go forward with acquiring funding from Panhandle State Bank for the purchase of the Dinning property provided the land easement issues are worked out and financing is at hand. Commissioner Pinkerton yielded the chair to second. Motion passed unanimously.

 

Mr. Boorman discussed the legal description. Attorney Hull said he could send the body of the language of what the county is asking for so it can reflect in the easements. Mr. Boorman said the FAA is looking for 60 feet.

 

Boundary Volunteer Ambulance President Ken Baker and Chairman Dan Dinning joined the meeting at 2:35 p.m.

 

The call with Attorney Hull ended at 2:35 p.m.    

 

Commissioner Kirby moved to authorize the Chairman to sign all further documents regarding the Dinning properties involved in the airport land acquisition project. Commissioner Pinkerton yielded the chair to second. Motion passed unanimously.

 

The meeting to discuss funding for the airport land acquisition ended at 2:45 p.m.

 

Commissioners tended to administrative duties.

 

Roger Fraser, owner of the Flatlander, joined the meeting at 2:50 p.m.

 

Laura Roady with the Bonners Ferry Herald joined the meeting at 3:00 p.m.

 

3:00 p.m., Commissioner Pinkerton moved to convene as the Governing Board of the Ambulance Service District. Commissioner Kirby second. Motion passed unanimously.

 

Chairman Dinning said Boundary Volunteer Ambulance (BVA) brought in their proposed contract for ambulance service. For fiscal year 2013-2014, the maximum levy rate of .0004 of market value will be imposed and funds will first go to pay back the $80,000 loan plus interest borrowed from the County’s Solid Waste Fund. All funds received after that shall be paid to BVA remitted on January 30, 2014 and the balance received on August 1, 2014. For fiscal year 2014-2015 funding BVA will receive $230,000 in two equal installments, and for fiscal year 2015-2016, BVA will receive $225,000, which will be received in $112,500 installments on January 30, 2016 and on August 1, 2016.

 

Chairman Dinning said the contract also contains termination rights. Boundary County and BVA both have the ability to cancel the contract, but will need to provide a written notice 90 days prior to termination so that is prior to June 30th of any particular year. Chairman Dinning reviewed details pertaining to the county being able to carry out its statutory requirements to provide ambulance service without consent should the contract with BVA be terminated. There are details concerning locations, care responsibilities and other issues outlined in this contract and this mimics the intent of the July 2012 agreement.  

 

Commissioners have received the email from their attorney that he has reviewed the document.  

 

Commissioner Kirby moved to sign the Contract with Boundary Volunteer Ambulance as provided and reviewed by County Attorney Tevis Hull, on behalf of Boundary County and on behalf of the Governing Board of the Boundary County Ambulance Service District. Commissioner Pinkerton second. Motion passed unanimously.

 

Commissioner Pinkerton moved to adjourn as the Governing Board of the Ambulance Service District. Commissioner Kirby second. Motion passed unanimously.

 

There being no further business, the meeting adjourned at 4:30 p.m.

 

***Tuesday, October 1, 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 a Planning and Zoning appeal hearing for E.C. Enterprises. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Clerk Glenda Poston Attorney Tevis Hull, Airport Board members: Chairman Jay Wages, Bob Blanford, Don Jordan, and Patrick Gardiner; Airport Manager Dave Parker, Travis Wheatley, Craig Wheatley, Lewis Clark, Paula Clark, Ada Gardiner, David Sims, Bonners Ferry Herald Reporter Laura Roady, Realtor Joe Farrell, Attorney Megan O’Dowd and Attorney Marc Lyons representing Mr. Wheatley. The appeal hearing was recorded. 

 

Chairman Dinning reviewed the public hearing procedures and opened the appeal hearing on Planning and Zoning Appeal #13-049. An appeal filed by EC Enterprises, Inc., in regards to an application for a commercial development permit. Chairman Dinning said the application went to the Planning and Zoning Department and was denied the permit for three commercial buildings on parcel #RP62N01E146159A, located on Sunrise Road. No member cited a conflict of interest.

 

Attorney Lyons said he’s an attorney for EC Enterprises and he asked if the submission of Exhibits A through L will be included in the record. Commissioners said yes, the Exhibits would be included. Attorney Lyons spoke of a taking, and he mentioned EC Enterprises owned 23 acres of industrial zoned land south of the airport. This land was purchased in year 2006 with the intent to construct industrial buildings. Mr. Wheatley was issued a building permit in 2007. The right to statutory airspace is a vested right and the work started prior to the 2012 Airport Overlay Ordinance. The 2012 Ordinance is really the issue, according to Attorney Lyons. The Idaho Supreme Court has recognized a taking of airspace and that allows the property owner just compensation. Attorney Lyons said Mr. Wheatley has tried to work with the county as to where on his property he can build. Attorney Lyons said in an effort to work through the process, EC Enterprises did apply for an industrial placement permit. Attorney Lyons referred to the determination of hazards letter issued by the Federal Aviation Administration (FAA), which he states is advisory and not controlling. The Zoning Administrator has denied the placement permit following the advisory determination that EC Enterprises could not build above zero feet. EC Enterprises has exhausted options on where to build. If the denial of EC Enterprises’ permit is not reversed, EC Enterprises is entitled to just compensation for taking of airspace.

 

Attorney Lyons said the county is already negotiating purchases for property adjacent to EC Enterprises’ property. EC Enterprises contributes to the Boundary County economy, according to Attorney Lyons. The county may be putting the interests of non-producing property ahead of producing properties. A taking has occurred. The county has denied there has been a taking even though it’s undisputed that EC Enterprises has a building permit from year 2007. All options require a reversal of the Planning and Zoning decision. Commissioners can repeal the 2012 Overlay Ordinance, according to Attorney Lyons, although that may have financial implications. Commissioners could modify the 2012 Ordinance to apply to the existing runway and not the proposed extension. Another option is to compensate EC Enterprises for the property that has been taken. Even if it’s just airspace, its space that takes away the potential for building, according to Attorney Lyons. The Airport Board is supportive of the extension and for monies from the FAA. Right now the issue is in a place where there is no time table, it isn’t known what will happen or what the FAA will do so EC Enterprises is completely stymied, according to Attorney Lyons. This is a taking.

 

Chairman Dinning asked for the dates of when Mr. Wheatley asked to place buildings. Attorney O’Dowd said Exhibit G includes some dates and clarification of where Mr. Wheatley was trying to build. Attorney Lyons said EC Enterprises would be open to selling and purchasing, but what is essential is to have the ability to build the buildings and go forward with the business, even on less land if adjustments can be made to the scope of the Overlay Ordinance.  Attorney Lyons said EC Enterprises would be open, but there is still the need for the ability to put in businesses. Chairman Dinning asked where in regards to putting in businesses, and Attorney Lyons said he didn’t know if that is included in these submissions. Attorney O’Dowd suggested all correspondence with the county and the Airport Board reiterated what was presented. Attorney Lyons said under the 2006 Ordinance, with the lines drawn and airspace that would’ve been in the hazard area, building up to 35 feet would have still been allowed, but under the new Ordinance that height decreased from 35 feet to zero. Attorney Lyons said there has been communication as Mr. Wheatley has spoken to the county and there has been communication with Attorney Hull and the county’s prior attorney. Attorney Lyons said they are still trying to keep communication open.

 

Chairman Dinning mentioned the time table and Attorney Lyons said the time table refers to when Mr. Wheatley can build. Chairman Dinning said there has never been any indication as to when Mr. Wheatley would fall under the proposed plan for the county to purchase EC Enterprises’ property. Attorney Lyons said that was correct.

 

Commissioner Pinkerton said in talking about the 2006 Ordinance Mr. Wheatley applied for a permit in 2007 so he would be able to build in 2007. Attorney Lyons said site preparations were done in 2007 at a cost of $30,000. Chairman Dinning asked if that was the location the building was approved for. Ms. O’Dowd said yes.

 

Attorney Hull said in looking through the exhibits, if you look at the FAA’s Determination of Hazard to Air Navigation, which is Exhibit L, it references GPS sites with regard to location of buildings. That was pursuant to the application the Commissioners are now hearing today, but what it doesn’t reference is if building locations are the same locations as applied for in 2007.

 

Planning and Zoning Administrator Dan Studer provided a staff report. Mr. Studer referenced documents and his staff report accepted on July 23, 2013. Mr. Studer also included documents on the development permit and his denial of that permit. Mr. Studer mentioned he would like to review specific chapters in the Comprehensive Plan. Mr. Studer referred to Chapter 13.2.6. in regards to Commerce and Industry and said he would like to say areas of the county do exist that are suitable for industrial. There is an airport assessment in the transportation component and Mr. Studer mentioned the public would be protected as well. Section 13.4.2., Industrial Zoning mentions those areas by virtue of their location are suitable for industrial use and development, and residential development is restricted. Residences should be limited to owner/care taker residences, according to Mr. Studer. In Section 14.4.5., refers to airports and Boundary County concurs with and ratifies the policy of the State of Idaho in declaring any hazard in safety to air flight is paramount and Mr. Studer referenced safety to both people on the ground and in the air.

 

Mr. Studer said Section 14.4.5.2. has historically been a major factor in forced closure of airports nationwide. Boundary County is ideally situated to serve the community as well as to expand to meet future air transportation needs. Mr. Studer said these are the basis for the Ordinance and what was used to make his decision. Chairman Dinning asked if Mr. Studer’s information shows the location of the three permits. Mr. Studer said along with the original application is a sketch to where the GPS points are. Attorney Lyons referred to Exhibit I in his submissions.

 

It was mentioned in the documents dated July 24, 2013 it states the buildings locations are marked as X. Attorney Hull said that is different than Exhibit I. Attorney Hull said the application Mr. Studer has needs to be made a part of the record. The Exhibit I map is identical to Mr. Studer’s map. It was asked who came up with GPS coordinates. Mr. Studer said they were included with the aeronautical study submitted with Mr. Wheatley’s application. Chairman Dinning asked Mr. Studer if he knows the location of the buildings for the 2007 permit. Mr. Studer said there was a vague sketch submitted, but he doesn’t think the locations were exactly precise. The sketch was a hand written drawing. Attorney Hull said we’re just dealing with the three new buildings. Chairman Dinning said he believes Mr. Parker is considered staff and he has a PowerPoint Presentation to show. Attorney Hull agreed.

 

Mr. Parker provided a presentation providing history of the Boundary County Airport to include how many acres the airport has, the date of its origin, what projects have been completed with state, federal and local funds. Mr. Parker spoke of building a parallel taxiway and of the want to extend the runway, but because the airport didn’t have the parallel taxiway, that had to be done first.

 

Mr. Parker discussed the length and width of the runway and the Automated Weather Observation System (AWOS). Mr. Parker said the AWOS is key to the approach for the airport. The reason the instrument approach was put into place was for commercial use and flight training, according to Mr. Parker. Mr. Parker discussed issues with surrounding trees and he mentioned Mr. Wheatley actually had cleared trees from his land when he bought the property. Mr. Parker continued to speak of the Airport Board’s plans for the airport’s growth, and he mentioned that next year will be the focus to purchase property from Mr. Wheatley, Mr. Howard and Ms. Speed. Mr. Parker said when the airport brought in the instrument approach Mr. Wheatley’s property was affected.

 

Chairman Dinning asked if what Commissioners are viewing is what was in place. Mr. Parker said this information was used in 2006. Chairman Dinning said in 2006 where is the existing runway shown where it would end today. Mr. Parker said the airport changed from a visual runway to a non-precision instrument runway. Chairman Dinning said with what was just shown the approach slopes with the visual runway at 20:1, but in the 2006 Ordinance the slope was 34:1. What is being reflected today is 34:1, according to Chairman Dinning. The next slide shows an outline in red showing what a critical area would be and this was the 2012 zoning.

 

Mr. Parker showed a slide of the south end of the airport and the end of the existing runway. The extension proposed is 1,200 feet and that is what the FAA is expecting the county to protect for the future, according to Mr. Parker. Mr. Parker reviewed the approach area and departure areas. Mr. Parker said the departure area is supposed to be protected is at the end of the runway, and this area gets into Mr. Wheatley’s property. Chairman Dinning asked if this is reflective of the 2006 document. Mr. Parker said no, and he doesn’t have this information for 2006.

 

Mr. Jordan said there is some documentation that depicted some overlap. The current length of runway is 4,002 and Boundary County is the shortest compared to airports around Bonners Ferry. Mr. Parker presented slides on what has changed in the Airport Overlay from 2006 to 2012 such as the south approach, departure beginning point, notification zone, widened north primary surface to 500 feet, height limits to meet state and federal standards; noise notifications, and required approval from the state and federal government for items that might penetrate airspace prior to construction. It was said Mr. Wheatley’s entire property was included in the environmental assessment done in August 2012.

 

Mr. Parker showed a slide from 1997 to show planning documents, the Airport Layout Plan done in 1997 and the revised Layout Plan done in 2005. The information showed where Mr. Wheatley’s property was in relation to what the county owned at that time and it shows the property the FAA expected the county to purchase. Mr. Farrell asked if the airport plans on purchasing all of Mr. Howard’s property.

 

Mr. Parker showed a picture of properties including Mr. Wheatley’s colored in green, and he said this picture was submitted to the FAA, and that was when he learned of the 40:1 height angle.

 

Chairman Dinning said he was hoping to see what is in place today and what was in place in 2007. Chairman Dinning asked if everything colored in green is non-buildable for any height structure. Mr. Parker said it’s hard because it’s in relation to the runway and the land is not flat. Mr. Parker mentioned receiving a response from the FAA that building a 35 foot building is allowable. Mr. Parker also said the FAA has said no to Mr. Wheatley’s proposals. Chairman Dinning said if this was pulled back to the existing runway, would that change anything. Mr. Parker said it would change 1,200 feet. Chairman Dinning asked if the 2006 Ordinance was based on the runway extension. Mr. Parker said it was based on the existing runway. Commissioner Pinkerton said the 2012 Ordinance is based on the extension. Mr. Parker said he feels the FAA would have said no in 2006 as they say no now.

 

Attorney Hull said one thing we need to make sure from the presentation is that we are not here for a takings analysis, or revising the Ordinance. That is something the Commissioners have as an option to send the affected parties to mediation and that is where the discussion takes place. Attorney Hull said he’s heard a lot of the takings analysis and of the Airport Board’s goals and that can be looked at if going to mediation.

Chairman Dinning said this is to address what we’re looking at with the three applications and where the county should be. Attorney Hull said when you look at options under the appeal hearing for Ordinance 2012-1, and in Comprehensive Plan Chapters 13.2.5 and 13.2.6, you can uphold the appeal, overturn the initial decision, deny the appeal, or modify to mitigate the grievance. The county can also direct the affected parties to mediation. Attorney Hull said if the Commission is interested after hearing the presentation from the appellant and the staff report, there may be some issues already addressed from 2006 to 2012, so there is the possibility to scale it back. A question is if the county wants to move toward expanding the airport. Attorney Hull said if through the mediation process, the parties cannot come to a conclusion and a denial, there is Ordinance 2012-2 and then addressing whether or not a takings has occurred. Attorney Hull said one thing the county has to take into consideration is acceptance of grant funds, which have conditions, and if those are violated, future funding may not be available, and he doesn’t know if the county would have to pay those grants back. Attorney Hull said those issues are better addressed if Commissioners table the matter for mediation. Attorney Hull said he gives that as a preamble and to resolve the issues won’t happen in this forum.

 

The airspace and talking points were made a part of the record.

 

The hearing was opened to public testimony. Mr. Farrell said he was a realtor for Mr. Wheatley in the purchase of existing land owned by the Frederickson’s. Mr. Farrell said it was recommended that Mr. Wheatley see an attorney when he purchased the property and he did do research before the closing as well as research on the overlay at that time. Mr. Gardiner, Airport Board member, said one operative issue here on the appeal is the first permit for Mr. Wheatley as Mr. Wheatley claims it was a permit package. If you take that with the Ordinance that was in effect, there were no GPS points set out on what was proposed and there was a hand drawn sketch. Was the site preparation done by Mr. Wheatley done in accordance of any permit or in advance of permission being granted? The Airport Board didn’t see any permission granted. When Mr. Wheatley bought the property it was zoned ag/forestry and it changed to commercial/industrial. The fact that is was rezoned doesn’t mean you can just go in and build. Mr. Gardiner said we make clear the point as to what permit we’re talking about and what Ordinance applies in that point in time and whether that permit was legally granted and complied with. Relative to what is occurring today one of the most important slides shown was of the accidents that occur near airports. 50% to 75% of accidents occur within the patterns near the airport. This caused the FAA to prescribe these rules to make sure there are no buildings or obstructions and that is for public safety. Mr. Gardiner said this must be made clear that if the permit we’re talking about is from 2006 or 2007, is that legitimate and followed correctly, and he referenced the Ordinance if it’s a request for permit that is on appeal.  

 

Mr. Wages, Airport Board member asked if one option was to purchase the property. Attorney Hull said Commissioners cannot make a decision to purchase as that can be addressed in mediation. In Mr. Parker’s presentation it was mentioned the possible funding for the property, but Commissioners cannot just outright say they’re going to purchase property. Mr. Wages said in the Airport Layout Plan the plans were to purchase property and it was understood Mr. Wheatley was willing to sell some time ago, but for some reason that stopped and he’s wondering why.  Attorney Hull said we don’t need to answer that right now as that could take the discussion where it doesn’t need to go. Attorney Hull said if Ordinance 2012-2 is the Ordinance we’re going to use then it gets into a taking may, in fact, occur. Attorney Hull said that is not a legal determination, but that raises the issue of whether a taking has occurred, but that’s not what we’re here for.

There being no further testimony, Commissioners asked for appellant for a closing statement.

 

Attorney Lyons said Attorney Hull’s options are firm and he listed mediation. What’s important is going to be the 3rd option for mediation. Attorney Lyons asked for a time table because if this goes on open ended, we still have a taking and that just adjusts the damages. Attorney Lyons said Mr. Parker had the FAA approval, but that was a point and not a building. There is no footprint on that.

 

Attorney Lyons said in looking back at the county records when the 2006 Ordinance was put into place and the pressure zones, the county did go out and purchase property first. After the 2012 Ordinance the county did not purchase the property first. If you were to look at the 2006 Ordinance it has a departure zone measured from the current airport runway as it exists and extends southwest at 34:1. The 2012 Ordinance has 40:1, but it’s not measured from the end of the runway, but where it’s planned to extend the runway and that basically wipes out EC Enterprises’ property. The county has a Comprehensive Plan and it has zoning, which is to restrict development in certain zones. At the time Mr. Wheatley had and has a building permit. Attorney Lyons said if you look at the ordinance for the permit, the permit he has is unlimited and goes with the land and remains with the use. Attorney Lyons said under the 2006 Ordinance the angle was 34:1, so that land was usable for what Mr. Wheatley planned to do, but now the county is saying his land is not buildable. We have a taking, according to Attorney Lyons.

 

Safety of air flight is important. The county can have a policy to support growth of the airport. The expansion can be for the public good and that is not disagreed to, but when there is a taking of private property for the public good that is what condemnation taking is about. Attorney Lyons said when you take private property and put it to public use then compensation is required. Commissioners can affirm, deny or go through the modification or ordinance. Attorney Lyons said this issue cannot go on forever as that is a part of the perception. It’s maybe the FAA will consider funding, but nobody has told us when. Mr. Wheatley has property and he cannot go forward. He’s completely stymied by the government. Attorney Lyons said he went through the placement issue to exercise this before. Attorney Lyons said it’s time to fish or cut bait or this matter will end up in court.  

 

Chairman Dinning said for clarity Commissioners will allow discussion. Attorney Lyons said if the county wants to do mediation, put a timeline of 30 days.

 

Attorney Hull said the options are to uphold, to deny or modify. Prior to getting those decisions, the modifying only occurs to mitigate the grievance. Attorney Hull said the Commissioners also do have the option to table the matter. Legal counsel is suggesting setting a timeline and Attorney Hull said he feels 30 days is reasonable, but he would advise 60 days so there is time to look at the grants given to the county and any affects to those grants.

 

Chairman Dinning said this matter would not be concluded and there will be a continuation of this process. Attorney Hull mentioned tabling to allow for that mediation to occur.

 

Chairman Dinning closed the appeal hearing to public testimony and Commissioners had a discussion with their legal counsel. Attorney Hull said under the Planning and Zoning Ordinance if the matter is tabled, it has to be brought up again in 30 days, but he’s not sure if that applies to Commissioners. Chapter 13.2.5 in the Comprehensive Plan refers to mediation and tabling the proceedings, but it does not specify a time limit, according to Mr. Studer. It says just until mitigation is concluded.

 

Commissioner Kirby said this is a complicated issue, but he doesn’t think it’s in Commissioners’ best interest to deny the application as it needs further study. Commissioner Kirby said it would be his approach for mediation to solve this and he added that he is 100% in favor of Mr. Wheatley getting something done as it’s been going on for a long time. The elephant in the room is that we’re so beholden to the FAA that we cannot move, according to Commissioner Kirby. Commissioner Kirby said the only way this will work out is mediation and it’s a way that will work out for the county and the FAA.

 

Commissioner Pinkerton said he doesn’t like the fact the FAA is in the position it’s in with citizens, but with all moving parts, he doesn’t know the right direction as the board. Commissioner Pinkerton said Commissioners need to make a decision that is right for the citizens in the county as well as EC Enterprises who is feeling the affects and it hurts. Commissioners need to pay attention to that. Commissioner Pinkerton said the county needs to evaluate in mediation what direction Commissioners want to go with all of this and the airport. The county has the 2006 and 2012 zoning and changes and an application for a building permit that was approved, but no buildings were built. Now there is a new application for a new ordinance put in place. It’s a debacle, according to Commissioner Pinkerton, and he needs more time.

 

Commissioner Pinkerton moved to table the matter for 60 days and put into place mediation. Commissioner Kirby second. Motion passed unanimously.

 

Chairman Dinning said to get clarity on this, Commissioners will have direct communication with the representatives for Mr. Wheatley. Commissioner Pinkerton said he would like to see the representatives of the FAA as well. Commissioner Kirby said the need to participate should be from the very beginning.

 

Attorney Hull said with mediation, he doesn’t think a designated mediator is needed. One issue we have to think about is whether or not the discussion with regard to the Airport Board, Commissioners, and Mr. Wheatley needs to be scheduled on the agenda so there are open discussions on the record.

 

Chairman Dinning said the matter will be continued to December 2, 2013.

 

The hearing ended at 11:00 a.m.  

 

11:00 a.m.: Planning and Zoning Commission Chairman Matt Cossalman, Ada Gardiner, Don Jordan, Planning and Zoning Administrator Dan Studer, and County Civil Attorney Tevis Hull joined the meeting.

 

Mr. Cossalman presented Commissioners with the first draft of amendments proposed for the County’s Comprehensive Plan and he requested Commissioners’ feedback. Attorney Hull asked if this gives parameters for code as far as people who serve on the Planning and Zoning Commission and qualifications. Code states that no person shall serve more than two consecutive terms and the person also has to be a county resident for at least two years.

 

Mr. Cossalman and Commissioners reviewed the Planning and Zoning Commission’s proposed changes.  

 

The meeting with Mr. Cossalman ended at 11:30 a.m.

 

Commissioner Pinkerton moved to sign the Agreement for Maintenance Services with Valence Wireless & Communications for the Sheriffs’ Office subject to review and approval by County Attorney Tevis Hull. Commissioner Kirby second. Motion passed unanimously.

 

Treasurer Jenny Fessler joined the meeting at 11:40 a.m., to clarify tax matters.

 

Commissioner Kirby moved to grant an extension of time to pay taxes for parcel #RP60N01E067230A until June 1, 2014. Motion died for lack of a second.

 

Commissioners said they would like to know more details in regards to the reason for the request before making a decision. Commissioners scheduled the tax matter for the following week.   

 

Treasurer Fessler left the meeting at 11:45 a.m.

 

11:50 a.m., Restorium Administrator Karlene Magee joined the meeting.

 

Ms. Magee informed Commissioners that she has spoken to Eldora Gatchell who has agreed to help work on the Quickbooks billing program starting tomorrow. Ms. Magee said she has cleared up a matter involving a billed account. Commissioners said that is great and that is the sort of information they’re looking for. Commissioners asked Ms. Magee to double check with Mr. Schulte on that. The Restorium is almost at capacity, according to Ms. Magee.

 

Chairman Dinning mentioned having discussed the need for improved advertising for the Restorium as it’s currently been advertised by word of mouth. Ms. Magee said she’s advertising in the Wise Guide, which is aimed toward senior citizens. Commissioners suggested Ms. Magee also talk to Planning and Zoning Administrator about putting something on the county website.  

 

Commissioners asked Ms. Magee, with the recent assistant administrator position vacancy, if it would be helpful to have a position consisting of food services, bookkeeper and receptionist all in one, and then designate someone as assistant if she is out of the office. Chairman Dinning said that is similar to how offices within the Courthouse do it. The person who fills this new position would act as Ms. Magee’s secretary. Those present discussed the duties the former assistant administrator had performed and discussed the process of updating the medication information sheet for each resident.

 

Commissioner Pinkerton asked Ms. Magee what she needs as far as an assistant. Ms. Magee said first and foremost is honesty and someone who has the Restorium in their best interest. Ms. Magee said also someone who can perform accounts receivable as far as entering payments as the county’s outside auditor Leonard Schulte suggested there be someone separate to enter payments if she is the one billing. Commissioners suggested updating the computer system at the Restorium. Chairman Dinning said there is an opportunity with this position vacancy to make Ms. Magee’s job easier and he added that having a designated person answer the telephone at the Restorium provides for a professional sounding facility from the outside perception.

 

Chairman Dinning said rather than designating an assistant administrator, unless Ms. Magee is gone for an extended length of time, having this new position would allow the Restorium to function without heavily relying on Ms. Magee. Commissioners said if Ms. Magee is out of the office for a day, she doesn’t need an acting administrator, but if she is gone for an extended amount of time, someone should be designated assistant administrator. Ms. Magee said this person will have to have the specific knowledge. Chairman Dinning asked Ms. Magee to think of what duties can be done that would help her such as getting the computers to communicate and have a designated person at the reception area. Ms. Magee mentioned having someone who could help her file so she can the area where she is filing back into the lobby.

 

Commissioners spoke of cross training and hiring a bookkeeper. The benefit is to lighten the load for Ms. Magee, have the bookkeeping done correctly, and to redirect the focus on to other duties.  

 

The meeting with Ms. Magee ended at 12:40 p.m.

 

Commissioner Pinkerton moved to adopt Resolution 2013-40. A resolution to authorize borrowing funds on a short term basis as it pertains to a purchase of a certain piece of property, once it is received from the County’s Civil Attorney. Commissioner Kirby second. Motion passed unanimously. Resolution 2013-40 reads as follows:

 

 

 

 

 

BOUNDARY COUNTY

 

RESOLUTION 2013-40

Borrowing of Funds

 

 

WHEREAS, Boundary County is a political subdivision o the State of Idaho;

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, has the authority to act on behalf of the Boundary County;

 

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho has the authority to borrow funds on a short term basis.  Short term is defined as those funds borrowed in a fiscal year must be repaid in the same fiscal year;

 

WHEREAS, the issuing of borrowing funds was properly put on the agenda to be discussed by the Board of Commissioners on September 30, 2013 regarding the potential need to borrow funds to complete the purchase of a certain piece of property;

 

WHEREAS, after discussion between the Board of Commissioners and receiving input from the public;

 

WHEREAS, Commissioner Dan Dinning removed himself as Chairman and abstained from both a motion being made and a vote being taken due to a potential conflict of interest;

 

WHEREAS, after considering public comment, the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to borrow funds on a short term basis to purchase real property to complete a land acquisition contiguous to the Boundary County Airport,

 

WHEREAS, Commissioner Kirby moved to borrow funds and reasonable bank charges associated with the loan from Panhandle State Bank for the purchase of the real property conditioned on both a clean legal description of the property and an easement with the City of Bonners Ferry approved by the FAA regarding electrical lines and maintenance;

 

WHEREAS, the motion was seconded by Commissioner Pinkerton and no further discussion was had; and

 

WHEREAS, Commissioner Pinkerton acted as Chairman called for a vote o the motion and both Commissioner Pinkerton and Commissioner Kirby voted in the affirmative.

 

                NOW THEREFORE BE IT RESOLVED that Boundary County Commissioners are authorized to borrow funds and reasonable bank charges associated with the loan from Panhandle State Bank for the purchase of the real property conditioned on both a clean legal description of the property and an easement with the City of Bonners Ferry approved by the FAA regarding electrical lines and maintenance.

 

Dated this 1st day of October, 2013

COUNTY OF BOUNDARY

                                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/____________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/____________________________                     

                                                                                                Walt Kirby, Commissioner

 

 

ATTEST:

s/__________________________________________________                   

Glenda Poston, Boundary County Clerk

Recorded as instrument #258904

 

There being no further business for the morning session, Commissioners recessed for lunch at 1:10 p.m.

 

2:56 p.m., Chairman Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser met to reconvene for the afternoon session. Commissioner LeAlan Pinkerton participated via telephone.

 

Commissioners amended their prior motion pertaining to the signing of documents relating to the Dinning loan and closing.

 

Commissioner Pinkerton moved to authorize Commissioner Walt Kirby to sign documents required for the Dinning loan and closing. Commissioner Kirby second. Motion passed unanimously.

 

Commissioners said this motion replaces the prior motion authorizing Chairman Dinning to sign the loan documents as Chairman Dinning has a conflict of interest.

 

The call to Commissioner Pinkerton ended.

 

Commissioner Pinkerton joined the meeting.

 

Commissioner Kirby moved to authorize the Chairman to sign the Wood Procurement Agreement with Alan Flory Logging to remove certain trees on the county’s snowmobile park property. Commissioner Pinkerton second. Motion passed unanimously. 

 

Commissioner Kirby moved to adopt Resolution 2013-41. A resolution transferring ambulance fund remaining cash from fiscal year 2012-2013 to the current expense fund. Commissioner Pinkerton second. Motion passed unanimously. Resolution 2013-41 reads as follows:

 RESOLUTION 2013-41


TRANSFERRING AMBULANCE FUND REMAINING CASH

FROM FISCAL YEAR 2012-2013 TO THE CURRENT EXPENSE FUND

                WHEREAS, there remains a cash balance of $195.62 in the Ambulance Fund as of September 30, 2013, and

 

                WHEREAS, the Board of Boundary County Commissioners has determined that said balance is no longer needed for the purpose for which it was collected, and

 

                WHEREAS, the Board of Boundary County Commissioners deems it in the best interest of the general public of Boundary County to transfer said funds to the Current Expense Fund, and

 

WHEREAS, the transfer of said funds does not affect the tax levy or exceed the published budget,

 

                NOW THEREFORE, on motion duly made, seconded and unanimously carried,

 

                IT IS HEREBY RESOLVED that the transfer of $195.62 from the Ambulance Fund to the Current Expense Fund is hereby authorized and approved.

 

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

 

THIS RESOLUTION is to be effective as of September 30, 2013.

 

DATED this 7th of October, 2013

 

COUNTY OF BOUNDARY              

                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/____________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/____________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/___________________________                     

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/__________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #258950

 

Commissioner Kirby moved to adopt Resolution 2013-42. A resolution transferring Hospital Supplemental levy remaining cash from fiscal year 2012-2013 to the Hospital Operation fund. Commissioner Pinkerton second. Motion passed unanimously. Resolution 2013-42 reads as follows:

 

RESOLUTION 2013-42


TRANSFERRING HOSPITAL SUPPLEMENTAL LEVY REMAINING CASH

FROM FISCAL YEAR 2012-2013 TO THE HOSPITAL OPERATION FUND

 

                WHEREAS, there remains a cash balance of $1,455.67 in the Hospital Supplemental Levy Fund as of September 30, 2013, and

 

                WHEREAS, the Board of Boundary County Commissioners has determined that said balance is no longer needed for the purpose for which it was collected, and

 

                WHEREAS, the Board of Boundary County Commissioners deems it in the best interest of the general public of Boundary County to transfer said funds to the Hospital Operation Fund, and

 

WHEREAS, the transfer of said funds does not affect the tax levy or exceed the published budget,

 

                NOW THEREFORE, on motion duly made, seconded and unanimously carried,

 

                IT IS HEREBY RESOLVED that the transfer of $1,455.67 from the Hospital Supplemental Levy Fund to the Hospital Operation Fund is hereby authorized and approved.

 

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

 

THIS RESOLUTION is to be effective as of September 30, 2013.

 

DATED this 7th of October, 2013

COUNTY OF BOUNDARY              

                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/_____________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/_____________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/_____________________________                     

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/__________________________________________________                    

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #258951

 

Commissioner Kirby moved to adopt Resolution 2013-43. A resolution to increase Current Expense Emergency Management budget due to receipt of unanticipated funds. Commissioner Pinkerton second. Motion passed unanimously. Resolution 2013-43 reads as follows:

RESOLUTION 2013-43

 

INCREASE CURRENT EXPENSE EMERGENCY MANAGEMENT BUDGET

DUE TO RECEIPT OF UNANTICIPATED FUNDS

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Current Expense Emergency Management Fund for fiscal year 2012-2013, and

 

                WHEREAS, Boundary County has received $40,000.00 from the State of Idaho Military Division for the All Hazards Mitigation Plan; and

                WHEREAS, Boundary County anticipated receiving only $25,000.00 for the All Hazards Mitigation Plan in fiscal year 2012-2013 and therefore the county received $15,000.00 more than anticipated; and

               

                WHEREAS, Boundary County has received $21,365.30 from the State of Idaho Military Division as reimbursement from the Homeland Security Grant; and

 

                WHEREAS, Boundary County anticipated receiving only $13,500.00 for reimbursable expenses and therefore the county received $7,865.30 more than anticipated; and

               

                WHEREAS, the Current Expense Emergency Management Budget for fiscal year 2012-2013 is in need of this additional revenue; and

 

                WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and

 

                WHEREAS, it is appropriate to increase the Current Expense Fund Revenue Account Number 01-00-324-14 in the amount of $15,000.00 and Revenue Account Number 01-00-324-07 in the amount of $7,865.30 and the Current Expense Emergency Management Budget Expense Account Number 01-11-489-00, Professional Services - Other, in the amount of $15,000.00 and Expense Account Number 01-11-559-06, Reimbursable Expense, in the amount of $7,865.30; and

 

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

 

                IT IS RESOLVED that the increase to the Current Expense Fund Revenue Account Number 01-00-324-14 in the amount of $15,000.00 and Revenue Account Number 01-00-324-07 in the amount of $7,865.30 and the Current Expense Emergency Management Budget Expense Account Number 01-11-489-00, Professional Services - Other, in the amount of $15,000.00 and Expense Account Number 01-11-559-06, Reimbursable Expense, in the amount of $7,865.30 is hereby authorized and ordered; and  

 

                IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

 

                THIS RESOLUTION is to be effective as of September 30, 2013.

 

                DATED this 7th day of October, 2013

                                                                                COUNTY OF BOUNDARY              

                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/_____________________________              

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/_____________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/_____________________________                      

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/_________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #258952

 

Commissioner Kirby moved to close the county’s snowmobile park on October 7, 2013 to allow logging to be done by contractor Alan Flory Logging. Commissioner Pinkerton second. Motion passed unanimously.

 

There being no further business, the meeting adjourned at 4:24 p.m.

 

 

 

                                                ______________________________________

                                                DAN R. DINNING, Chairman

 

ATTEST:

 

 

_____________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk