***Monday, November 04, 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., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report.
Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Bureau of Homeland Security, 2012 Emergency Management Performance Grant, Sub-Grant Award Document, Award #EMW-2012-EP-00065. Commissioner Kirby second. Motion passed unanimously.
Mr. Gutshall presented a written
report. Mr. Gutshall reviewed his report to include: road sign work, pulling a
beaver dam on
Mr. Gutshall spoke of finishing
the project on
Mr. Gutshall said Road and Bridge has been screening sand at the landfill and will use the Durapatcher in a few areas. Road and Bridge should have three sand trucks ready to go for winter weather. Road and Bridge employees will work the seven day winter schedule in order to have a 70 hour presence and shifts will be staggered. Crews will be able to cover five different areas of the county. When there is a major storm all Road and Bridge employees will provide coverage and then go back to the normal seven day per week schedule. Chairman Dinning questioned what the schedule is if a heavy snowfall occurs after the normal shift ends. Mr. Gutshall said the local Idaho Transportation Department Foreman must feel the same way about winter weather because they have also gone to the same schedule. Mr. Gutshall spoke of the benefit of the seven day presence versus the night shift during winter.
9:20 a.m., Commissioners continued their discussion on the bid for the fiscal year 2013-2014 county fuel supply. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Superintendent Jeff Gutshall. The proceedings were recorded. The bid had an increase of one penny over last year. Mr. Gutshall recommended Commissioners accept the bid from Dyckís Oil and Auto. This is a good system and there is budget for it, according to Mr. Gutshall. The system tracks each driver and each vehicle. Mr. Gutshall said if the bid keeps increasing by one penny, the county may need to look at options such as putting its own tank in again.
Commissioner Pinkerton moved to accept the total bid of $170,507 from Dyckís Oil and Auto for the fiscal year 2013-2014 county fuel supply. Commissioner Kirby second. Motion passed unanimously. †††††
The bid decision ended at 9:23 a.m.
Mr. Gutshall discussed equipment purchase options with Commissioners. The G-35 Graderís warranty will expire November 27, 2013 and the county will own the machine when the last payment in January 2014 is made.
9:25 a.m., Courthouse Maintenance Jerry Kothe joined the meeting.
Mr. Gutshall said he has received a proposal from Rowand Machinery for a John Deere 772GP Motor Grader for a trade in of $175,000 leaving a $92,973.30 payoff. This is a seven year proposal, according to Mr. Gutshall. Nothing has to be budgeted during this current budget year, but there would be payment starting the next budget year. Western States proposal is for a CAT 140M AWD Motor Grader for a trade in of $195,000 leaving a $80,697 payoff. Both situations are for seven years with a 5,000 mile warranty, but the buy back from Western States is lower. The overall difference is in favor of Western States. Mr. Gutshall said he could always just keep the existing G-35 grader, but it wouldnít be under warranty and it is now five years old. The warranty covered $19,000 in work each year and if the county accepts the deal and finances a new machine, the payment will only be approximately $13,000 per year and the machine will be paid off in year 2020. The difference is the new machine will be covered under warranty. The county would drop a payment of $38,000 per year to a payment of $13,000 per year. The guaranteed buy back from Western States is $185,000.
Chairman Dinning asked if the county would exceed 5,000 hours in five years Mr. Gutshall said no. Mr. Gutshall asked if the county would be ahead in the next year to budget a $40,000 payment in order to have the new grader paid for in two years. Mr. Gutshall said that is always to an advantage, but under this deal the rate is 3.2%. Mr. Gutshall said he would like that arrangement on one of his two leased equipment that have a balloon payment due as that would leave more leverage.
Commissioner Pinkerton asked what is not covered under warranty. Mr. Gutshall said cost for tires and time spent by Road and Bridge when changing the oil and things that are expendable that donít amount to much. Mr. Gutshall said the dealer needs a certain percentage left on the tires, and he hasnít had to purchase tires in order to return the equipment as of yet.
Road and Bridge has three graders and the new grader would replace the G-35. Mr. Gutshall said with the three graders we donít come close to meeting 5,000 hours. Mr. Gutshall said Road and Bridge could double shift with two graders, but itís about the level of service. Commissioner Pinkerton said if the county had two graders rather than three, itís a savings of $92,000 over the next two years. Mr. Gutshall said if he were to drop another grader, he would be inclined to let go of one of the leased graders. Mr. Gutshall also explained how the graders help to peel the ice back when the weather warms up and the trucks cannot do that.
Chairman Dinning said there has been a change in expectations in service by the county. From pure budget it would make sense not to purchase another grader especially if the county is not reaching 5,000 hours, but for communityís needs we need to take that into account such as if the Paradise Valley Hill gets a lot of snow, a truck couldnít handle it. Commissioner Pinkerton said he has been given the background information he needed on this. Commissioners discussed the possibility of losing the Secure Rural Schools (SRS) Funds and asked Mr. Gutshall to put into place a contingency plan. Commissioners said it will not be a good situation.
Mr. Gutshall said these are piggyback
bids through the State of
Commissioner Kirby moved to accept the piggyback bid from Western States for a CAT 140M AWD Motor Grader at a cost of $275,697. Less the trade in of $195,000 leaving a payoff of $80,697 with a guaranteed buyback of $185,000, pending approval from the countyís civil attorney. Commissioner Pinkerton second. Motion passed unanimously.†
The Road and Bridge Department report ended at 9:50 a.m.
9:50 a.m., Mr. Kothe met with Commissioners to give his departmental report. Mr. Kothe presented a written report to include the following: unloading the paper bins, installing air conditioner covers, and getting helpers to rake leaves. Mr. Kothe said someone tried ruining the lock on the Deep Creek restrooms. New carpet is coming for the restroom waiting area on the third floor. Mr. Kothe said he had set up for the city elections. Chairman Dinning asked if Mr. Kothe could check to see the schedule of when the carpets in the Courthouse have been replaced.
The meeting with Mr. Kothe ended at 10:00 a.m.
10:00 a.m., Personnel Classification Committee members Tracie Isaac and Tammie Goggia joined the meeting. Solid Waste Superintendent Claine Skeen also joined the meeting.
Chief Deputy Clerk Isaac said the Committee received the new job description for the administrative assistant position at the Restorium. The position is a grade 9 and it was determined the starting wage would be $11.07. The position notification will go to Job Service today and it will also appear in the Bonners Ferry Herald this week and next.
The meeting with Chief Deputy Clerk Isaac and Ms. Goggia ended at 10:02 a.m.
Commissioners addressed the board vacancy for the Catastrophic Health Care Cost Program. It was said Kootenai County Commissioner Jai Nelson may be interested in filling the position. Clerk Poston said this position is also on the agenda for discussion at the next District I meeting.
Mr. Skeen met with Commissioners to provide a department report. Mr. Skeen informed Commissioners the reduction of hours for the site monitors will take effect January 1, 2014. Mr. Skeen suggested he contact the countyís Public Information Officer Mike Meier about writing a notice about this.
Mr. Skeen discussed the land lease in regards to the sand supply. It was mentioned having to go through Planning and Zoning for this. Mr. Skeen said the land lease on this property ends this year. Chairman Dinning said the lease can be extended.
Mr. Skeen said he purchased a 2001 Dodge 1 ton and he will put a plow and a sander on it. The truck that is getting replaced by the Dodge has had issues and Mr. Skeen said he will declare it surplus. Mr. Skeen said he was able to purchase the 2001 Dodge for $5,000.† †
The meeting with Mr. Skeen ended at 10:15 a.m.
Commissioners tended to administrative duties.
10:30 a.m., Chief Probation Officer Stacy Brown joined the meeting to provide a department report. Ms. Brown reported that the numbers of those on adult misdemeanor probation has increased by 10 to 72. Youth Accountability is down to three. The number of those on unsupervised probation/records checked is 241. Ms. Brown discussed increasing the time her staff spends at the high school to weekly. There are currently eight people in treatment using the substance abuse disorder funds. Ms. Brown said that is a fairly high number for this county and she is happy the funds can be used. The Probation Office shows that there are over 1,200 hours of community service hours that need to be worked by 34 juveniles.
Commissioner Pinkerton moved to authorize the Chairman to initial the County Annual Juvenile Justice Report to the Idaho Department of Juvenile Corrections for year October 1, 2012 to September 30, 2013. Commissioner Kirby second. Motion passed unanimously. ††
Those present discussed repeat offenders and what types of backgrounds these people come from. Ms. Brown said she feels her department is doing a phenomenal job with what the county has to work with. Ms. Brown spoke of how beneficial the ankle monitoring bracelets are.
The meeting with Ms. Brown ended at 10:45 a.m.
Commissioners tended to administrative duties.
11:00 a.m., Restorium Administrator Karlene Magee joined the meeting to give the departmental report. Commissioners informed Ms. Magee that the job description for the administrative assistant position has been approved. Chairman Dinning said Commissioners have asked Clerk Poston if she would assist Ms. Magee in interviewing for this position and she has agreed.
Ms. Magee said the annual fire inspection done by the Department of Health and Welfare has been completed and the Restorium passed with no citations, but there are just a few items to correct. Ms. Magee said the third strike brings on monetary penalties of $10,000 and this would have been the third strike for the Restorium had it not passed inspection. Since this did not happen the slate is clean.
Those present informed Ms. Magee the person who fills the administrative position can help her in keeping track of these maintenance issues that need tending to or routinely checked on. Ms. Magee said Bonners Ferry Builders has agreed to take care of installing the gutters and snow stops on the building. The funds for the gutters and snow stops will come from the elevator grant project. The bathtub finally arrived for the east hall and it was purchased through the Friends of the Restorium.
Ms. Magee said there are still two empty rooms at the Restorium, but she received a phone call from someone over the weekend expressing interest and in addition someone else came by to look at a room as well. Commissioner Pinkerton asked if the Restorium had a welcome packet for new residents and if not, it might be something to consider. Ms. Magee said when she gets a new resident, introductions are always made. Clerk Poston asked if the Restorium has a list of services or shopping that is available in the county. Clerk Poston gave examples to include in a brochure such as mentioning the various retails stores in the area and when shopping day is, what restaurants are in town, etc. Ms. Magee said often potential residents or their families want to know what services and activities are provided at the Restorium.
Clerk Poston suggested getting together with Ms. Magee and Chief Deputy Clerk Tracie Isaac to draft some questions to ask of the applicants applying for the assistant position. Ms. Magee informed Commissioners that an article on the Restorium will go into the Daily Bee and Bonners Ferry Herald on specific days.
Ms. Magee said the ledger for the Quickbooks Program are all caught up, but there is another portion that she will need assistance with concerning older accounts. Chairman Dinning said that is something the Commissioners will have to make a motion on. †
The meeting with Ms. Magee ended at 11:30 a.m.
Commissioners reviewed E911 Grant award documents. The award for $2,000 is based on 100 percent funding for the purpose of covering travel, lodging and per diem for a selected individual to participate in the upcoming Next Generation 9-1-1 planning meetings. For the grant award of $17,919.25 the funds are for a telephone system and monitor upgrades.
Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Emergency Communications Commission 2014 EICC Grant Program Award Document totaling $2,000. Commissioner Kirby second. Motion passed unanimously. †
Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Emergency Communications Commission 2014 EICC Grant Program Award Document totaling $17,919.25. Commissioner Kirby second. Motion passed unanimously. †
Commissioners tended to administrative duties. †
Commissioners recessed for lunch at noon.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, Clerk Poston, and Deputy Clerk Rohrwasser.
1:30 p.m., Commissioners held a meeting to discuss the status of airport land acquisition matters. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Blue Sky Broadcasting Reporter Mike Brown, Bonners Ferry Herald Reporter Laura Roady, David Byler, Gina Stolley, Don Stolley, County Attorney Tevis Hull, J-U-B Engineer Project Manager Brad Niemeyer, Boundary County Airport Manager Dave Parker, J-U-B Engineer Sr. Project Manager Mark Napier, Airport Board members Pat Gardiner and Jay Wages; Roxanne Grimm with Epic Land Solutions, and Tom and Robin Merrifield.
Chairman Dinning explained the purpose of the meeting is to give everyone a chance to get on the same page and one property transaction has been completed so far. Chairman Dinning said early on the county had assumed the transactions would fall under the normal Federal Aviation Administration (FAA) process and reimbursable sales would occur very quickly in that once there was an agreement, closing documents were prepared and signed, and titles in good order, that the request for reimbursement could go to the FAA in a short period of time.
If timelines were correct, offer
letters were sent to the property owners, but the county was told the process
with the FAA had changed so the county had to come up with all of the cash
needed included moving expenses. Chairman Dinning said that put the county in a
difficult situation and he apologized to the Stolleys, Mr. Byler and the
Merrifields for that. There had been communication not shared and Commissioners
were not made aware of closing dates. Commissioners are trying to now deal with
the situation as best as can be done. Chairman Dinning said from
Commissioner Pinkerton moved to authorize the Chairman to sign the Certificate of Tile for Airport Improvement Project #3-16-0004-012. Commissioner Kirby second. Motion passed unanimously. †
Those present discussed the Merrifield
Ms. Merrifield said it sounds like bits of information have just been brought forward in the last six to eight weeks, but their property valuation has been done since July and they have had two purchase and sale agreements in place with the Stolleys with the first agreement being in February. Ms. Merrifield said she has a signed letter dated July from Commissioners in regards to the offer letter so she wanted it clear she and her husband have done the purchase of sale agreements. The second agreement was in July with a 60 day expiration and that had been provided, according to Ms. Merrifield. The valuation of property is not new information as well as the purchase and sale agreements either, according to Ms. Merrifield. Chairman Dinning said some of it is new to Commissioners and that is a part of their frustration. Ms. Stolley asked where this paperwork had gone. Mr. Niemeyer said a lot of it was communication from him that wasnít passed on when having discussions on other issues.
There had been a meeting with the
FAA recently in
Chairman Dinning said Commissioners
closed on the Dinning property without the appraisal being approved. Mr. Napier
said the FAA now wants to see all of the paperwork to approve final dispersement.
Chairman Dinning said the approval of the appraisal should have been done weeks
ago. Mr. Niemeyer said the appraisal had been done and reviewed both internally
and by the county so it was sent to the FAA, but he hadnít heard back from the
Mr. Parker said in his interpretation, the funds will come from the FAA prior to power being removed with 10% being withheld. Then power will be cut, the building will be demolished and the trees will be cut. Chairman Dinning said he wants to make sure the house will not be torn down in order to get money back from the FAA in order to pay back the bank. Mr. Gardiner said this is a condition subsequent, but that will not hold up dispersements, according to what he understands. If there is an issue with that, there is a waiver system with Mr. Gates.
Commissioner Pinkerton said the
county has a process here that has been delayed, and peopleís lives are
significantly impacted and Commissioners still have peopleís lives hung up. Now
the matter is moving to the Helena Office. Commissioner Pinkerton said the
process will move quicker and Commissioners are sorry for this. The NLI
easement matter needs to be resolved so these homeowners can get compensated. Commissioners
are also here on the hook for the taxpayers as well. Commissioners are hiring
people that have expertise to process this and theyíre having issues so the
Commissioners have to go to the bank, which is not what counties normally do.
Commissioners are working through this and the property owners will not get
left out, according to Commissioner Pinkerton. Attorney
Commissioner Kirby spoke of
communicating with NLI and how it should not be difficult to work out a
situation with them on the easement. Mr. Gardiner said to clarify the conversation
with Mr. Gates the key term was secure property as that is all the FAA cares
Chairman Dinning said for the benefit of the Merrifields and Stolleys, going forward how do we guarantee them that we will work this through, such as if they are given a specific date and the FAA sits on the paperwork for a month.
Ms. Stolley said she lives in the county and just trusts everyone so they have asked for explanations and then they just wait. Ms. Stolley said she would not kick the Merrifields out of the house they occupy and are trying to purchase from her and her husband as her word is her word. The Merrifields had moved into the house they wish to purchase a couple of months ago when September 1st was given as a potential date, so theyíve waited with packed boxes. They have literally lived waiting the entire summer. The Stolleys have trusted the process and let the Merrifields move into the house because they get a letter that the FAA is going to buy their house.
Ms. Merrifield said she didnít want to leave the Stolleys with expenses of maintaining the property, and she added that she used to be in lending and this is not the way lending is done. Ms. Merrifield said because this is a local personal transaction they agreed to pay earnest money so they thought within days or weeks the process would be completed, and that was back in September. Ms. Stolley said there were dates used in the grant so she thought they would be in that range so that is when her patience ended. †
Mr. Gardiner said if a short term
escrow was set up, as soon as funding is received there will be documents that
will satisfy. Attorney
Mr. Gardiner said the key is
working with local government and their attorney. Chairman Dinning said at this
point this Board of Commissioners can authorize moving forward with the Merrifield
property, but what about the shortage. Mr. Gardiner said that will require Mr.
Niemeyer to prepare an administrative settlement. That will look like
justification as to what it would cost to collect and deal with that overage in
legal fees and administrative costs. Once those costs are justified they are also
included in reimbursement. Attorney
Commissioners asked that all
communication go to Attorney Hull. Commissioner Pinkerton said the plan should
flow how Mr. Gates stated, but it was thought it would go that way with the Seattle
Office. There needs to be a deadline and Commissioners may have to look at
other options even if they donít like the deadline. It was said it may take
three weeks for reimbursement for the Dinning property. Commissioners will know
if reimbursement will come in a timely manner, but to be fair to the Merrifields
it sounds like the process may go through simultaneous transactions. The county
needs to go through that path, but may also have to go back to the bank.
Commissioners just donít trust the process at this point. Attorney
Chairman Dinning said Commissioners cannot tell the Merrifields the date the county will get reimbursed. Commissioners can only pick a date and shoot for it if both parties are still willing to cooperate. Mr. Stolley said letís get this done. Ms. Stolley said dates donít seem to really matter and she mentioned they are making payments on both their house and the house they plan to sell to the Merrifields. It was clarified that there would also be compensation for moving expenses and for the moving expenses that have already been expended. Ms. Grimm was asked if she is agreement to what she has heard today and she said yes. Commissioners informed Ms. Grimm there needs to be a purchase and sale agreement of some nature laying out who is paying what and to get that agreement to Attorney Hull.
2:40 p.m., Mr. and Ms. Stolley, Mr. Stolley and Ms. Merrifield and Mr. Byler left the meeting.
Chairman Dinning said to those
remaining in the meeting that things needed to be done early on in this process
that shouldnít have waited until September. Attorney
Mr. Napier said on behalf of his team he apologizes to Commissioners, Attorney Hull and the property owners. Mr. Napier said he had once purchased a home contingent on things and he understands how stressful it is. Mr. Napier said he can see it in Commissioners how unhappy they are and it shouldnít be that way and J-U-B wants to get things mapped out to show Commissioners the process can go smoothly. Chairman Dinning said Commissioners want to get these matters completed and then meet with the Airport Board to see if they have the same philosophy, etc. Chairman Dinning asked the Airport Board members present not to look past these next three transactions as the county just needs to get them done. Mr. Napier said he will take the lead from Commissioners. ††
Chairman Dinning asked how to
move forward with the Byler property. Attorney
Chairman Dinning asked Ms. Grimm how
long the Dinnings have before they have to move out of the home. Ms. Grimm said
there is no set time, but the Dinnings had mentioned 10 days. Chairman Dinning
said there needs to be a more specific date although Commissioners arenít going
to push them. Chairman Dinning said something had been mentioned about the
timber on the property and that the Dinnings have been under the impression the
timber would be theirs to cut. It was said that is a huge red flag. Attorney
Chairman Dinning said
communication needs to be clear and there are agreements being made on behalf
Ms. Grimm briefly spoke about portions of the process and scope according to federal regulations, and if another document is needed, she will draft it. Chairman Dinning asked Ms. Grimm if she was aware there was an error in the legal description. Ms. Grimm said no. Ms. Grimm did say there is a revised legal description for the Merrifields and added that she would get a purchase and sale agreement for the county.
Mr. Wages discussed the funds that are being withheld such as J-U-Bís invoice that otherwise wouldíve been paid this summer, but was not. Mr. Wages asked if J-U-Bís invoice would be paid out of this current yearís budget or the prior yearís budget. Clerk Poston said she is waiting for FAA reimbursement. Mr. Niemeyer said the requests for reimbursement will be made. Clerk Poston spoke of the charges that have been paid and she said the last two invoices that are being held total $65,000. Clerk Poston said one invoice was in the amount of $29,000 and the Airport budget didnít have enough to cover that, and the Commissioners had instructed her to hold off on paying the bill. Chairman Dinning explained to Mr. Wages that the funds in the Airport budget for the prior year were included in cost carry forward for this year. ††
Mr. Gardiner said in regards to
the Merrifield property, we have to make sure payments are made to Bank of America
until the matter is taken care of. Attorney
The meeting to discuss airport land acquisition matters ended at 3:05 p.m., and Mr. Napier, Mr. Niemeyer, Ms. Grimm, Mr. Brown and Ms. Roady left the meeting.
3:10 p.m., Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning ďayeĒ, Commissioner Pinkerton ďayeĒ and Commissioner Kirby ďayeĒ. Motion passed unanimously. 3:35 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken. †††††
Commissioners tended to administrative duties.
There being no further business for the week, the meeting adjourned at 4:00 p.m.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† DAN R. DINNING, Chairman
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk