***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 White Mountain Road near the bridge, and brushing and redoing ditches on Star Road.

 

Mr. Gutshall spoke of finishing the project on Deep Creek Road in regards to jersey walls, rock drains and widening. Mr. Gutshall said he opened the ditch on the other side of Deep Creek Loop near the golf course and he will armor the ditch and catch basins. Mr. Gutshall also spoke of wanting to add a couple of cross culverts. Mr. Gutshall said the Local Highway Technical Assistance Council (LHTAC) agreed to an alternative plan to dig down and put grid fabric and drain rock down so everything will settle together. This portion of Deep Creek Loop is scheduled to be paved by this Friday, but thatís an unknown due to weather. If weather doesnít cooperate, the road will be opened with just gravel. The detour route is fine and a bit better since trucks now have another route. Mr. Gutshall said the detour route held up well, except for the washboard area toward the top so that will be graded.

 

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 Idaho.

 

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 Boundary Countyís standpoint, Commissioners owe an apology for the real inconveniences as this is not how things should be done.

 

Attorney Hull said everything is well in that Chairman Dinning has to sign off on the Certificate of Title for the Dinning property.

 

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.

 

Attorney Hull explained that Chairman Dinning had been kept out of the process with the Dinnings since he is related.

 

Attorney Hull said he had talked to the Bylers and Mr. Byler said he should be good and this transaction should be an easy one as it can follow the initial plan. Mr. Byler asked about moving personal property from the parcel. There are logs on the property, but Mr. Byler said he was told to wait to move the logs until the property sold. Ms. Grimm said once the area is vacated, Mr. Byler can move the logs. Chairman Dinning said that is his concern as if the transaction doesnít work out, Mr. Byler would have paid to move the logs. Mr. Byler said he would like to have 60 days to move equipment. Attorney Hull said that would be fine. Mr. Niemeyer said there is an existing Northern Lights Inc. (NLI) easement that NLI said they will quit claim or will remove the easement from the property once receiving legal opinion so that will lift the encumbrance. Chairman Dinning said Commissioners donít want to leave that to the last minute. Mr. Niemeyer said he would do that right now.

 

Those present discussed the Merrifield property. Attorney Hull said this matter sneaked up on Commissioners and himself. Attorney Hull said as with the Dinning property, Commissioners are faced with the same situation and because of circumstances, it centrally deals with understanding there could be a contract and deed of trust. Based on offer letters that went out the Merrifields took care of their business, but it was unbeknownst to Commissioners. The county had understood there was to be a purchase and sale agreement and the Commissioners didnít find out about the Dinning property issue until the discussion with the FAA about that same time. Under extraordinary circumstances, Commissioner Pinkerton and Commissioner Kirby moved to borrow funds from Panhandle State Bank sufficient to pay off the real property and moving expenses. That was an undesirable measure that worked out. Attorney Hull said Commissioners then took two weeks off and he had a trial for three weeks during that time and that caused more issues from that standpoint. Commissioners were not aware of the transaction made between Don and Gina Stolley and Tom and Robin Merrifield until later, and once that information was received there may have been the presumption Commissioners would just go and borrow more money. Commissioners had made it clear in September 2013 that there was no money to provide up front. Attorney Hull said a meeting was then set up with Gary Gates of the Helena, Montana FAA Office and with the Seattle FAA Office. Mr. Gates said what had been proposed with the Dinning and Merrifield properties are perfectly fine. Now the value of the property is less than the loan and if the lender canít do the same type of transaction, that is what has caused the concern with the Merrifield property. How will the county now get this done with the framework set up with the FAA? Commissioners donít see how they can overcome the Merrifield and Stolley situation with the FAA process and the lender with what is on the property. Attorney Hull spoke of using the reimbursable funds and changing the terms of the note with Panhandle State Bank so the county doesnít have to borrow additional monies.

 

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 Helena, Montana. Attorney Hull discussed the payoff and relocation figurers in regards to the reimbursement from the FAA, but the payoff figure is more than the reimbursement. If Commissioners want, they can go back to the bank and talk with Mr. Walter about using a portion of those funds plus additional funds to cover the overage and cash for the Merrifields. Mr. Napier said Mr. Gates is out of the office until November 12th, and it will take two weeks for his review of this paperwork and typically it takes one week to process the request for reimbursement so that is why he is saying November for a transaction. The only hiccup Mr. Napier sees is the appraisal has to be blessed by the Seattle FAA, but the person working on this matter has been ill so he will contact that supervisor to review the appraisal. Mr. Gates said he was okay with the process so there is just a verbal at this point. Mr. Napier said as far as the timeline leading to reimbursement for the Dinning property that will also affect the Merrifields, but all paperwork is essentially in order. There just needs to be an administrative settlement and beyond that J-U-B Engineering has all the paperwork they need so he doesnít see a hold up. Attorney Hull said the offer information was submitted in the grant paperwork. Ms. Merrifield said she understands that the Seattle FAA representative has been sick, but this information has been available. Mr. Gardiner said that information was one part of what was left with the Seattle FAA. It was said that Mr. Gates had mentioned that the Seattle FAA Office doesnít have a problem with the figures and Mr. Gates was also good with figures.

 

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 FAA. Attorney Hull spoke of how the county thought the boxes have been checked off, but then it was learned at the Helena meeting that the appraisal box hasnít been checked off yet. Attorney Hull explained that he didnít get on board with this matter until June this year so he was unaware of the February purchase and sale agreement the Merrifields had with the Stolleys.

 

Attorney Hull said he has sent everything that has been completed to Mr. Niemeyer. This purchase and sale agreement is between the Merrifields and Stolleys, not Merrifields and Commissioners. To answer questions there is a timeline presented as best. Attorney Hull said over the next three weeks as far as the avenue to pursue as to funding, the payoff figures are in hand for prior to December 2, 2013. If the payoff changes because the transaction is not completed by December 2nd, the county will have to go through Panhandle State Bank if Commissioners so choose and they will have to ask for those additional monies and some interest costs. Ms. Stolley said every time you ask for new figures it seems like days and weeks to get the information. Attorney Hull said if itís known the funds will come in on a specific date, the amount will be determined by that date.

 

Attorney Hull said in regards to NLIís easement on the Merrifield property, that easement is what allows power to the building. NLI will relinquish that easement upon the building being removed and that is in compliance with the grant. The FAA requires the buildings to be removed as part of the grant and purchase as they do not want to see people moving in the buildings so that is a part of the process. Those buildings will be demolished. Mr. Gardiner said demolishment of buildings will not hold up money coming in. Attorney Hull said that is the issue we have to be clear on. If demolition is part of the grant for reimbursement purposes, then that has to be addressed. Mr. Niemeyer said during J-U-Bís conversation with the FAA, the NLI easement doesnít need to be removed until the building is removed and will not affect reimbursement.

 

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 Hull said if NLI will subordinate, is it possible to get that paperwork now and then later get the vacation of easement? Attorney Hull suggested submitting the subordination agreement and getting Commissionersí confidence back.

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 about. Attorney Hull said we can reply to the FAA that we do have secure title so that matter is under control, but Mr. Gates said he would be fine with that.

 

Attorney Hull referred to the certificate of title and said the same language would be used for the Merrifield and Byler properties. Mr. Gardiner said thatís why he wanted to operate under escrows. The FAA will be totally satisfied with that and it boils down to Commissionersí counsel saying there is secure title and then we can talk about simultaneous reimbursement.

 

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 Hull said he has been befuddled by this process in real estate and some of this information wasnít learned of until today. So the process should be faster.

 

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 Hull will draft an estimate of a legal bill to deal with overage. Once that justification comes in that is part and parcel of the package. Mr. Niemeyer has specifics of what Attorney Hull will need to do. Mr. Gardiner said in talking to Mr. Gates there are some guidelines and Mr. Niemeyer and Mr. Napier are aware of those. Mr. Gardiner said we do not have a problem with communication with the Helena FAA Office. Mr. Parker said Mary Vargas in the Seattle FAA Office has all of the appraisals.

 

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 Hull said when he talked to the FAAís attorney he didnít understand what the issue was with clean title. Ms. Vargas in the Seattle Office was saying no, you canít do that, but Mr. Gates in the Helena FAA Office was saying yes, you can so Seattle and Helena were thinking two different things. The Helena Office works better and this process can hopefully be streamlined better.

 

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.

 

Attorney Hull mentioned he has received emails from Ms. Stolley and Ms. Merrifield.

 

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 Hull has spent so many hours working on this. Chairman Dinning said this has either been lack of consideration or lack of knowledge and it is just not right, and he doesnít want to be in this situation again.

 

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 Hull said if the county can make a simultaneous arrangement, than the same process can be done for the Byler property that is being done on the Merrifield property. Mr. Niemeyer said he will forward to Attorney Hull the guidelines and the form on the simultaneous arrangement. Mr. Gardiner said he had some discussion with Mr. Gates and Mr. Napier and the Airport Board would like him to be involved. It was said the Dinning transaction has been completed and J-U-B will make sure there is a road map of what is there and what remains to be completed. Discussion can also occur on what ways to go with the Merrifield property and set up escrow with a title company for secure title, etc.

 

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 Hull said that shouldnít be and those terms shouldíve already been laid out. The county cannot give those logs back so that is just not going to work. Mr. Gardiner said that matter was just a verbal approximately three months ago. If the Dinnings had logged before they sold the property, the property would have to be reappraised, according to Mr. Gardiner. Mr. Gardiner said that had been discussed, but that was the end of it and everything had just been verbal. Ms. Grimm said she had talked to the Dinnings about that and she had informed them that she could not authorize that and any dollar would take away from relocation. Any dollar for dollar above the appraised value is deducted from relocation. Ms. Grimm said she was not authorized to make that decision, but she feels the Dinnings did talk to someone. Mr. Wages said Mr. Dinning had talked to him about removing trees, and he thought if the land was valued as timber property, not farm ground, if they do remove trees, the property would have to be re-valued.

 

Chairman Dinning said communication needs to be clear and there are agreements being made on behalf of Boundary County, and Commissioners did not give that authority. Commissioners need to see everything. Agreements have been verbal and this needs to be documented. Mr. Wages mentioned during the valuation, the property wasnít valued as timber property. If the offer letter was sent out and the Dinning say they want the timber, then the property had less value. It was asked if the value of timber was included in the value. Mr. Niemeyer said it was timber property valued against timber property. It was just valued as timber property. Commissioner Kirby said it appears there was a court order in the early to mid 1970ís about that. Mr. Wages said that involved just a small piece of ground and Mr. Gardiner added it was just the tops of trees that would be cut down. Commissioner Kirby said the Dinnings received compensation for timber with the appraisal of property. Attorney Hull referred to the judgment for the Dinnings for that timber matter and said the Dinnings had signed a letter of satisfaction at closing. The county owns the property and the Dinnings no longer have the right to log the property.

 

Attorney Hull said he has $3,500 in time spent on the Dinning transaction. Chairman Dinning said he would like the next transaction to be such that Attorney Hull just needs to look at the documents and not be involved so heavily. Just so the secure title can be certified. Chairman Dinning said the sellers were given quit claim deeds before the title got going. Ms. Grimm said Epic Land Solutions prepared warranty deeds at the time the property owners agreed, as well as an escrow agreement, a W9, and relocation documents. Attorney Hull questioned if the county is getting double billed and Ms. Roxanne said Epic Land Solutions will forward their invoice to J-U-B and the closing agents will have a charge and that includes preparation of deeds. It seems the primary focus is the purchase and sale agreement and that is what we donít have in this case, according to Attorney Hull. The county doesnít know what is happening as we donít get the information until a considerable amount of time later.

 

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 Hull said that payments were being made. Mr. Gardiner said he just wants to make sure itís known that payments still need to be made and the sales agreement should still include the provision to that effect. Chairman Dinning informed Ms. Grimm that he has never known it to take two weeks to get the figures the title company.

 

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

 

ATTEST:

 

____________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk