***Monday, January 27, 2014, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall joined the meeting to give his departmental
report.† Mr. Gutshall provided a written
report. Mr. Gutshall said Road and Bridge has been clearing brush in the right-of-way
Mr. Gutshall said the Local
Highway Safety Improvement Program has a few hundred thousand dollars available
for District I and only a couple project applications have been submitted. Mr.
Gutshall said he would like to submit an application to install a guardrail
Commissioner Kirby moved to put the matter of the Local Highway Safety Improvement Project Application on the morningís agenda as it is time sensitive. Commissioner Pinkerton second. Motion passed unanimously.
Those present discussed engineering costs.
Commissioner Kirby moved to authorize the Chairman to sign the Idaho Transportation Department, Local Public Agencyís Certificate of Completion of Right-of-Way Activities document for the Cow Creek Guardrail Project, STC 5810. Commissioner Pinkerton second. Motion passed unanimously.
Those present discussed a
proposed four wheeler poker run event through Forest Service property. The
Forest Service is requiring a one million dollar liability insurance policy and
the county should as well. Mr. Gutshall asked what is required for four
wheelers to use county roads. Commissioners asked Mr. Gutshall to have any
related documents reviewed by Attorney Hull. The county roads used would be
Mr. Gutshall and Commissioners discussed looking at the value of all the trees in the countyís rights-of-way and giving the matter some thought.
Mr. Gutshall left the meeting at 9:30 a.m.
9:30 a.m., Commissioner Pinkerton moved to go into executive session under Idaho Code 67-2345(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning ďayeĒ, Commissioner Pinkerton ďayeĒ and Commissioner Kirby ďayeĒ. Motion passed unanimously. 9:40 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.
9:40 a.m., Courthouse Maintenance Jerry Kothe joined the meeting to give his departmental report. Mr. Kothe said he has been moving some items around in the basement and working on getting the surplus equipment ready for public auction. Mr. Kothe said the sink in the janitorís room has been unplugged.
Chief Deputy Sheriff Rich Stephens joined the meeting at 9:44 a.m.
Mr. Kothe said it would be good to hold the public auction anywhere from February 17th through the 21st as he is totally out of room for storage. Mr. Kothe said he will ask to move the ambulance for the auction.
Mr. Kothe discussed his unused vacation hours with Commissioners as he will be retiring soon.
Mr. Kothe left the meeting at 9:49 a.m.
Chief Deputy Sheriff Stephens presented Commissioners with Operation Stonegarden Grant Quarterly Report for signature. Chief Deputy Sheriff Stephens said this grant provides reimbursement †for time and fuel spent on border specific patrols so what is being presented is a quarterly financial report for overtime, fuel spent and documents for equipment purchased that were awarded through the grant process.
Commissioner Pinkerton moved to authorize the Chairman to sign the 2012 Operation Stonegarden Grant (OPSG), Grant #EMW-2012-SS-00136 Quarterly Report for the reporting period of December 31, 2013. Commissioner Kirby second. Motion passed unanimously.
Chief Deputy Sheriff Stephens left the meeting at 9:55 a.m.
Commissioner Pinkerton moved to reappoint Steve Shelman and Caleb Davis to the Planning and Zoning Commission with terms to expire January 2018. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to reappoint Karen Pedey and Larry Dirks to the Community Guardianship Board with terms to expire January 2018. Commissioner Kirby second. Motion passed unanimously.††
Commissioner Kirby moved to approve the minutes of January 13 & 14, 2014. Commissioner Pinkerton second. Motion passed unanimously.
10:00 a.m., John Kettle, Board Chairman and Larry Binks, Director of Area C, of the Regional District of Central Kootenay, British Columbia joined the meeting for introductions and to update Commissioners on Crestonís new recreational facility that is now open and to discuss some commonalities both communities share.
Mr. Kettle informed Commissioners
that he represents an area from Creston past the Yahk, having both border
crossings and a joint fire department with Hall Mountain Fire Department in his
area. Mr. Kettle said he chairs the Board of Directors throughout the whole
region. Mr. Kettle said he is originally from
Mr. Kettle said in addition, Creston
has waste management and that is something that has never been discussed with
The fire protection service in
the Regional District of Central Kootenay is the only the second approved fire
protection across the board ever signed by
Mr. Binks provided Commissioners
with information to provide a picture of the area he represents. His district butts
up against the end of
Mr. Kettle said he would like to
form a working group in regards to waste management. Creston has just now solidified
a close on their Class A landfill. Chairman Dinning explained that
Mr. Kettle and Mr. Binks spoke of how they recycle glass and reuse it on service roads and working out any border issues.
Chairman Dinning said our school
district is a separate taxing district and
Terry Capurso joined the meeting at 10:25 a.m.
Chairman Dinning spoke of
Mr. Binks said he has a large
area farm in his district with hundreds of acres of corn, which draws grizzly
down through the corridor, but instead the bears branch off to a particular farmerís
property where the feed is plentiful. This farmer has had to build a large
concrete container with gates so the grizzlies cannot get in there. Mr. Binks
said caribou are different as they are endangered and protected, but they are
killed more so by trucks. The area of this district used to be called Dark Woods,
but is now called Nature Conservancy. Those present said
Chairman Dinning said the countyís demographics are about half the population is over 50 years of age. Mr. Kettle said his area has about the same demographics and they cannot get the younger families to move to his area. Those present discussed the health care program issues. Mr. Kettle said government cannot put the load on the backs of the people with property as far as medical insurance costs. Mr. Kettle said this is all just general discussion.
Mr. Kettle said the reason for Mr. Binks and his visit is to do business with each other. Chairman Dinning mentioned that Creston Mayor Ron Toyota had tried to meet with him a while back, but it didnít work out due to timing. Commissioner Pinkerton said both groups need to have this meeting in order to get to know both sides of the border, to learn what each side thinks, to build a relationship, and understand the common ground. Mr. Kettle said they could share studies that they have conducted. Mr. Kettle spoke of establishing a quarterly meeting with an open agenda and that Commissioners could pick a date to come up and tour the new recreational facility.
For clarity Mr. Kettle said he
chairs his entire board of directors and Mr. Binks chairs the services in the
Mr. Kettle said his District is
working on repopulating sturgeon, but those new populations donít count toward
the original enlisted number. Chairman Dinning said sturgeon in Boundary County
have a problem with reproducing naturally in that they hatch, but not many
survive that first year. Chairman Dinning said
The meeting with Mr. Kettle and Mr. Binks ended at 11:05 a.m.
Commissioners tended to administrative duties.
11:30 a.m., Mountain West Bank Lender Merle Ansley joined the meeting. Chief Deputy Clerk Tracie Isaac also joined the meeting.
Mr. Ansley asked Commissioners about the possibility of county employeesí interest in attending a class on credit scores and reports and any related issues to help them understand how banks look at credit. People usually have credit issues and this informational class could help instruct how to take care of these issues, according to Mr. Ansley. The best thing is to learn how to manage credit yourself. The course is essentially a class on credit and those in attendance will receive a booklet on all of the points that really matter. Chairman Dinning said Commissioners have received requests to meet with employees for various topics over the years and the countyís policy is that the course just couldnít be done or attended by an employee on county time. If the Extension Office was available and the meeting was at 5:00 p.m., that would work. Chairman Dinning said information or a flyer could be sent to employees to notify them of this meeting. Clerk Poston said a lunch hour would also be a possibility as far as holding a class. Mr. Ansley said the course would only last about 15 to 20 minutes. Chief Deputy Clerk Isaac suggested a couple classes in which one class could be held during a specific lunch hour and then schedule another class one hour later for the following lunch hour. Chief Deputy Clerk Isaac said she could send notice of meeting times with employee paychecks. Commissioner Pinkerton said as long as the county is not promoting one thing or another, he is fine with it. Clerk Poston asked if Mr. Ansley has ever talked to Ms. Hampton at the Extension Office as they have the Clover Talk Program. Mr. Ansley said itís a very good class and he has seen bad credit situations that can be fixed easily.
The meeting with Mr. Ansley and Chief Deputy Clerk Isaac ended at 11:32 a.m.
Commissioners recessed for lunch at 11:45 a.m.
1:30 pm., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners
continued the public hearing to consider amendments to the County Subdivision
Ordinance. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton,
Commissioner Walt Kirby, Planning and Zoning Administrator Dan Studer, Deputy
Clerk Michelle Rohrwasser, Terry Capurso, and Bonners Ferry Herald Reporter
Commissioners resumed the public
hearing and clarified that Mr. Studer had reviewed his questions with County
Attorney Tevis Hull. Mr. Studer said there were three principal questions. One
being the concern over Chapter 11.9.5., and of the exclusions for corporations
so it is a decision to drop that entire clause from the proposed amendment. Section
11.12.3., refers to false representation and after consulting with Attorney Hull,
that clause has been rewritten. The portion of concern was stricken and the entire
clause was rewritten to state the owner or real estate agent of the owner, who
offers property for sale and is represented as being in a subdivision without a
final plat, is a misdemeanor. So the section on offers to sell has been
stricken entirely. Chairman Dinning questioned if that eliminates a matter
pertaining to a purchase and sale. Mr. Studer said the new verbiage is just a rewrite
of the old version that is in the current Subdivision Ordinance. The provision
does not allow an agent or owner to falsely represent a property as being a lot
in a subdivision. That lot and subdivision have to be recorded in a plat, and
that plat has to be accepted prior to anyone advertising a lot within that
Fees listed in the Appendix were
mentioned and Mr. Studer said he was going to consult with Attorney Hull on the
fee of $90 for an appeal hearing and of Commissionersí ability to update fees. Attorney
Chairman Dinning asked about record of survey requirements, and when requiring all instruments on a record of survey, is that county responsibility or the title companyís responsibility to disclose that to an individual buyer. Chapter 11.10., refers to final record of survey requirements. Chairman Dinning said instrument numbers must be shown on a record of survey. Mr. Studer said the Planning and Zoning Commission added this provision for a record trail that would be picked up by a title company in their search. The Planning and Zoning Commission wanted this just to insure the purchaser of a parcel was aware there was a record of survey recorded and to have instrument numbers available. Chairman Dinning asked if the title companies were contacted about this. Mr. Studer said no and that this provision was added to the ďfinal record of survey requirementsĒ.
Section 11.10.1, states that surveys
and descriptions are in the provisions of Idaho Code. A list of all instruments
that encumber a parcel will be listed on the record of survey. Chairman Dinning
said to him that becomes cumbersome. Attorney
Lisa Holmes with Community Title, Rick Dinning with Tungsten Holdings and Donna Capurso with Selkirk Mountain Real Estate joined the meeting.
Chairman Dinning said Section 11.3.9,
speaks to primitive parcel division and in this it says at minimum needing a defined
access and easement. What if there is a Forest Service road without a defined
easement and it accesses property, there would be no way to necessarily define
an easement on federal property so will that be limiting factor. Attorney
Chairman Dinning said todayís
hearing was a continuation and there are members of the public in attendance so
do Commissioners invite testimony or wait. Attorney
Commissioners said to recap Mr. Studer
and Attorney Hull will discuss verbiage on primitive parcel subdivisions and the
proposal to take out corporation limits on limited parcel subdivisions. Chairman
Dinning said heís thinking about Section 3, 11.1.0., in regards to final records
of survey requirements, and Section 11.10.2, talking about centerlines existing
on roads and alleys. Commissioners asked Attorney Hull and Mr. Studer to review
Sections 11.10.2., and Section 11.10.3, which talks about instrument numbers on
records of survey. Section 11.10.4., speaks to the certification for something the
clerk signs, but the clerk signs anyway when records of surveys are recorded
and the instrument number for a warranty deed is shown. Chairman Dinning suggested
talking about Section 11.10.3 through Section 11.10.6, after Attorney Hull has
reviewed them. It was mentioned there being changes on fixing the verbiage for
false representation. Commissioners discussed continuing the public hearing
until February 18, 2014. Attorney
Commissioner Pinkerton moved to continue the public hearing on proposed subdivision amendments to Tuesday, February 18, 2014 at 1:30 p.m. Commissioner Kirby second. Motion passed unanimously.
The public hearing ended at 2:15 p.m.
Rick Dinning said the State of
Mr. Dinning, Ms. Holmes, Mr. Capurso and Ms. Capurso left the meeting at 2:35 p.m.
Clerk Glenda Poston joined the meeting at 2:40 p.m.
Commissioners tended to administrative duties.
3:00 p.m., Kurt Pavlat with the Bureau of Land Management (BLM) joined the meeting to provide Commissioners with an update on BLM matters.
Mr. Pavlat said there is not a
lot going on for the BLM and that if Commissioners have any questions, to never
hesitate to call him or have him come up. The BLM owns approximately 4,400
acres of public lands in
Mr. Pavlat spoke of
BLM staff is dwindling and there
are now 13 full time employees, according to Mr. Pavlat. BLM does hire five seasonal
employees for the recreation crew and weeds personnel. Mr. Pavlat thanked
Chairman Dinning for having a place on the Resource Advisory Board. Chairman
Dinning said it helps keep Commissioners informed. Mr. Pavlat said the Grazing Advisory
Board is still in place and they make determination on grazing funds. Mr.
Pavlat further discussed staffing such as having an acting district manager, a fisheries
biologist and a natural resource coordinator. Mr. Pavlat and his counterpart in
Chairman Dinning informed Mr. Pavlat that payment in lieu of taxes (PILT) had not been funded. Commissioner Pinkerton said they realized that was a mistake so theyíre trying to attach it to the farm bill.
The meeting with Mr. Pavlat ended at 3:10 p.m. †††
There being no further business, the meeting adjourned until tomorrow at 9:00 a.m.
***Tuesday, January 28, 2014, 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
public hearing to consider the zone map amendment requested by Dennis Shelton.
Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner
Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and
Zoning Administrator Dan Studer, Applicant Dennis Shelton, Josh Shelton, and
The request of Mr. Shelton is to change the zone for his property to rural/community commercial zone from light industrial. The subject property is located off of Sunrise Road and consists of 13.89 acres.
Commissioners asked the applicant to making an opening statement. Mr. Shelton asked that his son, Josh, speak on his behalf. Mr. Shelton said the zone was changed from rural/community commercial to light industrial back in year 2011. The property is not completely in the zone that was redone for the airport, only part of it is and his father would like the area rezoned to the original zone designation. The designation of light industrial messes up the plan for the land and Mr. Shelton feels it was unfair to be taken out of the original zone without given prior notice. Mr. Shelton said he doesnít recall the term for the original zone designation, but his fatherís subdivision had already been approved by the county back around August 2011.
Mr. Studer provided a staff
report. Mr. Studer informed Commissioners that maps and drawings had been included
in Mr. Sheltonís application. The application involves 14 parcels ranging in
size of 1.81 to 6.41 acres. The current zone is the commercial/light industrial
zone, and the application is for rural/community commercial. Commercial light
industrial does not allow for residential other than a caretakerís house or commercial
facility, according to Mr. Studer. The rural/community commercial zone does
allow residential and more commercial uses such as Moose Valley Farms, etc. Mr.
Studer said he provided an outline of the Comprehensive Plan for descriptions
of rural/community commercial. Mr. Studer asked if Commissioners had any
questions about the drawings. To the south of the
Commissioner Kirby reviewed the lot sizes proposed and Mr. Studer said that has already been done. It was said a parcel line adjustment could be done. Chairman Dinning said if the subdivision was completed prior to the current ordinance and met the prior ordinance requirements, it allowed for the rural/community commercial use. Mr. Studer said he would guess at that time, the idea of having some high quality rim properties was the plan for the original 14 parcel subdivision. Chairman Dinning asked if Commissioners could put this on a temporary pause to allow Mr. Studer to look for the original subdivision map.
Applicant Dennis Shelton said rural/community commercial was to allow for one-quarter acre lots, but that is not what he wanted to do anyhow. Commissioner Kirby said he remembers extensively negotiations back and forth about this property and it seems like it was the previous owner. Mr. Shelton said it was with Sandy DeHart. Commissioner Kirby said for this zoning the ultimate result was to allow light industrial in order to prevent the encroachment of residential. At that point in time it was a whole different ball game and it was due to the airport and the Federal Aviation Administration (FAA) in relation to the runway. Commissioner Kirby said it comes back to him that the zone change applied to this property and he mentioned the want to keep any residential development on the property. Over time it appears that, by reading airport documents, it seems it doesnít really matter anymore, except the Airport Board says potential buyers should be warned about noise, according to Commissioner Kirby. Commissioner Kirby said the applicant doesnít want to put in one-quarter acres, but something bigger to make a nice neighborhood. Commissioner Kirby said his thoughts are that the county did something at one time to protect the airport from that piece of property, but that is no longer an issue.
Commissioner Pinkerton moved to pause the public hearing to allow for Mr. Studer to provide prior ordinance information for Commissionersí review. Commissioner Kirby second. Motion passed unanimously. †††††††††††††††
The hearing resumed at 9:30 a.m. The zoning had been rural/community commercial and this allowed for a single family home or a duplex on a lot not less than one-quarter acre in size. Chairman Dinning said prior to the change in year 2011 there was no residential.
Commissioner Pinkerton said the property had already been subdivided and the subdivision had already been approved. Currently residential dwellings are not allowed other than a caretaker home. Commissioner Pinkerton said with what Mr. Shelton is requesting, a rural/community commercial zone, could a simple home for residential use be built. Mr. Studer said yes. Commissioner Pinkerton said but he canít increase the non-conformity as it was prior. Mr. Studer said if Three Mile Water and Northern Lights Inc., utilities could be made available in the rural/community commercial zone, Mr. Shelton could subdivide to a one quarter acre lot. Mr. Studer said that allows for a single dwelling or duplex. Mr. Studer said the Planning and Zoning Commission felt any commercial designation or light industrial was inappropriate.
The condition of the road was briefly mentioned and the Planning and Zoning Commission felt retail businesses would bring larger commercial vehicles and more traffic trips and their decision was that if someone was going to purchase a piece of property as a residential lot, it would be their choice if they want to drive that road or not. Commissioner Kirby said rural residential seems to be a more obvious choice for that property. Mr. Studer said that was the Planning and Zoning Commissionís opinion. Mr. Studer said the road has an effect on the subdivision of parcels. Chairman Dinning said if the zone went to rural residential, the lots would be non-conforming lots that have been approved, but the lots could not be further reduced to one-quarter acres in size. Rural residential has a five acre minimum, per Mr. Studer.
Commissioners opened the hearing
to public testimony. Chairman Dinning stated for the record that written testimony
had been received. Mr. Studer said Don Jordan had expressed concern primarily
over growth. Mr.
Commissioners asked for public
comment from those in favor of the application.
No one from the public spoke uncommitted or opposed. Commissioners asked the applicant to make a closing statement.
Josh Shelton said the lots are beautiful view lots and the land doesnít lend well to further subdivide. These are rim lots with uneven ground in between and they are great view lots for homes. As far as industrial use these lots are not good for that purpose and it is not a good spot for large buildings/manufacturing structures.
Chairman Dinning said if the zoning changed back to rural residential, it would allow plans for non-conforming lots of record as they are below five acres, and he asked Mr. Shelton if that fits into his plans. Mr. Shelton said yes.
Commissioner Pinkerton asked Mr. Shelton if he is the one who divided the property. Mr. Shelton said he has purchased the property from Stan and Georgia DeHart in year 2000. Mr. Shelton said he is the person who subdivided the property and he had it subdivided to what he perceived at the time of purchase for the future.
Commissioners closed the hearing to further public testimony and called for discussion amongst themselves. Commissioner Kirby said if the zoning changed to rural residential as discussed with staff, it would take care of the airportís problems as well as taking care of the property owner.
Commissioner Kirby moved to amend the zone designation for Mr. Sheltonís parcel to rural community/commercial providing the conditions for notifying potential buyers of the lots of the potential for airport noise and that lighting restrictions are followed, which is to shield any lighting from shining upward. Commissioner Pinkerton second. Motion passed unanimously.
Chairman Dinning mentioned that
he wanted to talk about some points. The condition of the Airport Boardís
approval is the condition for lighting and when a lot is sold, the new owners
will be notified about the airport overlay and noise if exceeding 55 decibels.
Commissioner Kirby said that addresses the Airport Boardís concerns. Chairman
Dinning said the letter from Don Jordan mentioned improving the road, but Commissioners
cannot do that. Commissioner Pinkerton said in the rural residential zone, it
is protecting the area from further expansion in which the road would be
further impacted. The zone change is perfectly suited for this piece of
property, according to Commissioner Pinkerton. Commissioner Kirby said with the
discussion on the road by Mr.
The public hearing for the
Mr. Studer spoke of work load in rewriting the Comprehensive Plan. Mr. Studer said his plan is to have the subdivision portion done now or at least very shortly. Mr. Studer informed Commissioners that he wants to withdraw his application for the subdivision amendment, but instead bring the subject up again this next fiscal year. Mr. Studer said 41% of his budget has been spent in advertising and he will end up going way over budget so that is a big reason for putting the amendment off. Mr. Studer spoke of his schedule coming up to include Comprehensive Plan work, and he said his schedule is full and the budget for advertising has been hit.
Deputy Clerk Nancy Ryals joined the meeting at 10:00 a.m.
Mr. Studer left the meeting at 10:01 a.m.
Commissioner Kirby moved to go into closed session under Idaho Code 31-874. Commissioner Pinkerton second. Motion passed unanimously. 10:07 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Pinkerton moved to set monthly reimbursement for indigent account 2011-41 at $25 per month beginning March 2014. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to deny indigent application 2014-12. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to approve indigent applications 2014-13 and 2014-16. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:05 a.m.
10:10 a.m., Property owner Joseph Duginske joined the meeting to discuss his delinquent taxes.
Mr. Duginske informed Commissioners that he is still in pursuit of his delinquent taxes, but is making progress. Mr. Duginske offered to pay $300 towards his taxes today, and added that he is now receiving social security benefits and is enrolled in a vocational rehabilitation program. Mr. Duginske also added that he has until the end of December for his agriculture deduction for the timber exemption and he has done that. Mr. Duginske said he has taken an assessment and he relayed his limitations to Commissioners. Mr. Duginske said heís in the rehabilitation program to learn clerical skills for computers, and he said he could project making payments on his taxes totaling $400.
Treasurer Jenny Fessler joined the meeting at 10:17 a.m.
Treasurer Fessler said Mr. Duginske owes $2,964.83 for tax year 2010, $1,269.20 for year 2011, $1,491.78 for year 2012 and $550.96 for the first half of year 2013. Total amount owing is $6,276.76. Treasurer Fessler said tax deed would take place on March 18th of this year. Chairman Dinning said Mr. Duginske has received tax cancellations five years in a row. Mr. Duginske said he has been making payments. Treasurer Fessler informed Mr. Duginske that he has made only two payments of $200 for the month of October and November, but there has been no payment made in December. Commissioners said once the property has been tax deeded the property owner has one year to redeem their property. Mr. Duginske said he could project paying over $4,000 by that time. Treasurer Fessler said she would need to collect over $6,000 to cover the amount due. Chairman Dinning said it is not fair to the citizens in the county to cover the cost. Chairman Dinning asked Mr. Duginske if he could get financial assistance from his grown children. Mr. Duginske said no.
Commissioners said this is where they are at in this situation. Chairman Dinning said the county could tax deed the property and Mr. Duginske would have one year to redeem it. Mr. Duginske said he is hardly in the position to show much optimism, but he is doing better. Chairman Dinning said Mr. Duginske should honestly consider selling his property in order to put cash in his pocket, pay the taxes and not worry about this as he could then look further down the road. Mr. Duginske said the issue is that he would probably not be in the position of owning property again. Mr. Duginske said he has a homeownerís exemption on his home. There is a home there, but it is not finished. If someone were to come to the house, it really isnít presentable, but selling is an option, according to Mr. Duginske. Mr. Duginske proposed making a payment of $300 today followed by $400 the next month. Mr. Duginske said he knows he does not have much credibility, but heís in a better position and is employable for the first time in five years. Commissioner Kirby said that remains to be seen.
Commissioner Pinkerton said Mr. Duginske is up against the wall and really doesnít have a choice at this point. Commissioner Pinkerton suggested Mr. Duginske try to pay as much as he could, that the property would go up for tax deeding in March, and then Mr. Duginske would need to find another funding source to redeem his property. Treasurer Fessler said all taxes are due in order to redeem the property. Mr. Duginske said the issue just snowballs and compounds. Commissioner Kirby said after the tax deed Mr. Duginske has one year. Treasurer Fessler said Mr. Duginske would have to pay all taxes owing including year 2014, which hasnít been added yet. Commissioner Pinkerton said the goal is to pay what is possible and to pay extra at every opportunity. Treasurer Fessler mentioned selling the home. Commissioner Pinkerton said if Mr. Duginske could sell his property, he could purchase a small home in town. Mr. Duginske mentioned that his employment and church services are in the Sandpoint area.
Chairman Dinning said Commissioners will continue to follow their process and he suggested that Mr. Duginske not wait until the last minute if he wants to put the property on the market. Mr. Duginske mentioned the issue with Cabinet Mountain Water Districtís charges and the fact that he is not using their service. Commissioners said the county cannot do anything about that.
The meeting with Mr. Duginske and Treasurer Fessler ended at 10:25 a.m.
Commissioners tended to administrative duties.
Commissioner Pinkerton moved to adopt Resolution 2014-12. A resolution declaring surplus county property and authorizing the sale of surplus county property at public auction. Commissioner Kirby second. Motion passed unanimously. Resolution 2014-12 reads as follows:
RESOLUTION NO. 2014-12
A Resolution Authorizing the
††††††††††††††† WHEREAS, Boundary County owns surplus personal property, which is not being used by the County and for which the various department heads and the Board of Boundary County Commissioners have determined is not necessary for the Countyís use; and
††††††††††††††† WHEREAS, the Board of Boundary County Commissioners are authorized under Idaho Code Section 31-808 to sell or offer for sale at public auction, after not less than ten daysí previous notice given by publication in a newspaper of the county, any property, real or personal, belonging to the County but not necessary for its use; and
††††††††††††††† WHEREAS, the Board of Boundary County Commissioners believes it is in the best interest of the County that the surplus property described as in ďAttachment AĒ be sold and therefore desire to sell the property so described at public auction as provided in Idaho Code Section 31-808.
††††††††††††††† NOW, THEREFORE, upon motion duly made, seconded and unanimously carried, it is
RESOLVED that, after
publication of notice in the Bonners Ferry Herald in the manner and for the
time required by Idaho Code, the personal property of
††††††††††††††† DATED this 28th day of January, 2014.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††† †††††††
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† ††† Dan R. Dinning, Chairman
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† ††† LeAlan L. Pinkerton, Commissioner
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Walt Kirby, Commissioner
of the Board of
Recorded as instrument #259897
COUNTY SURPUS ITEMS
Wooden playground structure with slide and metal jungle gym as follows:
Playground climber, conical, small Class #923
Playground structure, WD, MDLR small child, big toy
Playground unit, slide, waved, medium
Clerk Poston returned to the meeting.
Commissioner Pinkerton moved to grant an extension of time to pay the second half of year 2013 taxes for parcel #MH62N02E14734AA until the end of February, February 28, 2014. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties.
11:00 a.m., Restorium Administrator Karlene Magee and Restorium Assistant Pam Barton joined the meeting to review Restorium billing reports to include Medicaid.
Commissioner Kirby moved to write off the following accounts: $1,355.91 for resident #201104-15, $1,618.76 for resident #201101-30 and $894.12 for #201105-33. Commissioner Pinkerton second. Motion passed unanimously.†
Ms. Magee and Ms. Barton left the meeting at 11:40 a.m.
11:40 a.m., Boundary County Airport Manager Dave Parker and J-U-B Engineer Brad Niemeyer joined the meeting. Mike Brown with Blue Sky Broadcasting was also present.†
Mr. Parker said the reason for this meeting is to talk about the next airport improvement grant. Mention was made of a letter from Gary Gates of the Federal Aviation Administration (FAA) as to the status of the $64,000. Mr. Parker said his thinking is the county should go forward with a grant for next year if it can be afforded. Those present discussed the costs involved with the Merrifield transaction and said $64,000 was for replacement housing and the waiver is just the amount of $17,000. Mr. Niemeyer said his general feeling is the FAA didnít address what the Federal Highway Administration (FHWA) used for justification of the waiver so he would like to have another conversation with the FAA as to why they should want to approve the waiver.
Mr. Parker said by the end of
this week the State of
Now there is the issue of the $17,000 waiver as it pertains to the Merrifield purchase. Can the county recover from this and how long will it take? The county is standing knee deep in the mud right now and how long will it be to fill the hole. Commissioner Pinkerton said when it comes to the FAAís money that is already spent, they will still walk away and he has been there to experience that. Commissioner Pinkerton said we need to look at what is most important. Commissioner Kirby said weíve got to get rid of the trees and a house and it costs a bunch of money that the county had to pony up front. We got burned on this, according to Commissioner Kirby. Commissioner Kirby said we talk about proceeding with the Howard and Wheatley properties so letís put numbers on it so we know, such as what is our match and when do we have to have it? We talk about Howard and Wheatley and $450,000. Commissioner Kirby said he really wants to do this and go forward, but he doesnít want to put his county in jeopardy. There has been the political heat and ethical heat that Commissioners got into to maintain the airportís position. That is something we need to think about. Commissioner Pinkerton said he thinks Mr. Parker is a good manager and he trusts his judgment. Commissioner Pinkerton asked Mr. Parker to put together what the priorities are and he added that this is a lot of money on a knee jerk reaction, and he has seen the federal government walk away before. Commissioners need to look at what is best and what is best for where we are at.
Commissioner Kirby said when he first became Commissioner the issue was the Howard property. Commissioner Kirby said he doesnít want to quit this process, but he also doesnít want to get in over his head again. Mr. Parker said this isnít a knee jerk situation as these parcels are a priority for the FAA and have been decided five years ago. Commissioner Pinkerton said he apologizes as he hasnít been a Commissioner for long, but just for the time he has been here, it has gone from moving parts, etc.
Chairman Dinning said if there is an opportunity through the grant, is there a grant match of the first $150,000 and he asked about the second and third payment of $150,000. Where in this does any of that money reduce the countyís match on the purchases or how does it tie into land purchases. Chairman Dinning asked where the advantage is for the $150,000 for land. Mr. Parker said the airport should also receive treatment to the pavement as it is due and that would cost approximately $150,000. So $150,000 of the total $450,000 would go towards pavement maintenance. Mr. Parker said if it were up to him, he would put off pavement maintenance for one year and deal with the land.
Mr. Niemeyer said there is no land acquisition or a project without the $150,000. Chairman Dinning asked where the $150,000 or the other dollars get applied to in this process. Mr. Niemeyer said Mr. Parker is saying there is option to get $450,000 from the federal government and that has a match of $45,000 between locals or $20,000. That money combined would go to all the land purchases and some to maintenance, if there is enough to go after it all, or a reduced portion. Chairman Dinning said his understanding of what has occurred is that itís the purchase price plus all allowables and that was reimbursed at a certain amount. Where in there does that $150,000 apply to any of that? Mr. Niemeyer said this is a completely different grant. Chairman Dinning said weíre talking about the Wheatley and Howard properties. If the county has $450,000, what does that get spent on? Mr. Niemeyer said what the county has been basically spending it on, though this process was coordinated with the FAA was for six original parcels. For year 2013 it covered the Merrifield, Dinning and Byler properties. The remaining parcels, which are Speed, Howard and Wheatley, do not have any federal funds allocated yet. The $450,000 would be used to purchase those properties in the same fashion. Commissioner Pinkerton said the plan has not changed, but has expanded. Mr. Parker agreed and said this is just continuing what was started. Chairman Dinning said the $450,000 can go to the environmental assessments, the appraisals, and what else? Mr. Parker said to buy land, etc. That $450,000 will not cover the purchase price of the Howard property. How does the county get into the grant cycle for values that are higher? Mr. Parker said that is when you apply for a supplement. Chairman Dinning said the county probably wouldnít have enough to buy either property so what if it costs more. Chairman Dinning said he thought the county was originally approved for $1,200,000, and that the county has only used $600,000. That grant cycle has not expired and additional funds are not available through that old grant. Mr. Niemeyer said the grant moved to the Helena FAA Office so the county has to get something planned through that office so they can put that money aside. Mr. Gates would like to know the countyís intentions and how much money is needed. The FAA will not do anything without a purchase and sale agreement and the county would have to make a commitment to go forward and have an appraisal done. Mr. Niemeyer said that is the same path as Merrifields. Chairman Dinning said that wasnít a good experience and Commissioners are trying to avoid that. Mr. Parker said it would be good to get an appraisal first, but if the county decides not to go forward, it will have to eat those costs. Chairman Dinning asked when the FAA would tell the county they will fund what the appraisal is without significant risk. It was said the situation is a catch 22 to get the money, get an appraisal and then the FAA says they wonít fund until they get a purchase and sale agreement, and then have the costs turn out to be more and then the FAA says they will not fund. Commissioners said they would not do that again. Mr. Niemeyer said these are questions that will be answered at the meeting with the FAA, but Mr. Parker has to have an idea of how to even start that discussion.
Mr. Niemeyer said the FAA needs planning money up front from the counties and then they sit down with the budget for the year and will notify the county how much it can spend. The Helena Office has a lot of money tied up that they need to spend so if there is a deficiency, there are possible discretionary funds to make up that deficiency. Commissioner Kirby said there is no reason not to continue to talk with the FAA about this. Mr. Parker said the FAA wonít pay for the appraisal if the county isnít going to purchase the property. Commissioner Pinkerton asked what the design plan is that Mr. Gates is looking for. Commissioner Pinkerton said before Mr. Gates can bring the funds to his area he has to know what the plans are for his district. Mr. Niemeyer said this is his understanding of what the FAA does in this process. The FAA will ask the county what they intend to do as a project and they will take that information with the dollars and see what is available. There will be a bit of back and forth during this process. This gives the county a chance to sit down with the FAA to define tasks to get from the start to the finish. The FAA wonít issue a grant until the purchase and sales agreements are done and that is why there was up front work. The work is done up front and then the FAA will issue the grant. Chairman Dinning asked if any money spent until the purchase and sale agreement will cost the county 10%. Mr. Niemeyer said any money spent up until the purchase and sale agreement is done so at county risk. Commissioners asked if reimbursement is done at $450,000 and Mr. Niemeyer said yes. Mr. Parker said he has budgeted $40,000 for this. Chairman Dinning said to deduct $17,000 from that. Mr. Parker said if everything goes well he will end up with $30,000 plus $40,000. Mr. Parker spoke of lost funding for the Speed property as Ms. Speed withdrew from the offer of sale. Chairman Dinning mentioned infrastructure such as the funding from the state for pavement. Mr. Parker said the Airport Board feels this land purchase is more important than the asphalt in that these have been key pieces of property since the 1970ís. In year 2015 the county will get another $150,000 as that figure will continue to come, but the state apportionment money that is beyond the $150,000 may go away, according to Mr. Parker. Mr. Niemeyer said there appears to be a lot of grant money out there as carry over from the FAA and the State. The rumor mill is the FAA is sitting on a lot of money to spend on projects this year. Land is a big ticket project and the FAA can come to the table with a lot of money, although they will want the county to cover the match. Commissioner Pinkerton said he worries about not finishing the projects by the deadline and then being left without the funding. Mr. Niemeyer said historically the FAA has not taken back funding issued via the grant so that is why Mr. Gates wants a meeting in May so he can tie down grant monies. Commissioner Pinkerton said the federal money can easily go away and he mentioned he is worried about having to have a meeting by the end of this week as the funds will go away if there is no plan. Commissioner Pinkerton mentioned having to borrow funds for the Merrifield property purchase and what would happen if the funding had gone away. That transaction was supposed to be done by a certain date, but it wasnít completed so if that happens with this new purchase and the county has to borrow money up front, the obligation to the bank does not go away for the county. Commissioner Pinkerton said that is his concern, not whether to buy 10 acres or 40 acres. Itís getting a loan from the bank and getting reimbursement as $450,000 is a big price tag for the county and it makes him nervous.
The question is when to walk away and cut losses. Chairman Dinning said no lender will waste their time if there is no purchase and sale agreement. Chairman Dinning spoke of getting a signed release and taking the purchase and sale agreement to the lender and that the transaction doesnít close unless the release is in hand. The title company will contact the lender and they will handle all of that. Chairman Dinning mentioned when Epic Land Solutions Relocation Specialist Roxanne Grimm had someone sign a warranty deed when she knew the legal description was wrong. Having a purchase and sale agreement with the condition the lender will release, for a certain number of dollars, but let the title company do it as that is their job and they can do it, according to Chairman Dinning.
Chairman Dinning asked what the status is for the $67,000 as it pertains to the Merrifields. Mr. Niemeyer spoke of putting in a request. The replacement housing payment and increased mortgage interest payment of $19,000 are still being reviewed by the FAA. It was said the property hasnít yet been vacated. A request for reimbursement can be done for $44,000 plus miscellaneous closing costs. Mr. Niemeyer said Mr. Gates feels certain entitlement to that money. That difference lends itself to that more interest will be paid for the life of the loan for that property. Mr. Niemeyer said information sent to Mr. Gates has to get approved at the FAA headquarters. Commissioner Kirby said we can leave Mr. Wheatleyís property out of this as that will go to court. Commissioner Pinkerton said he feels that will work itself out. Chairman Dinning said if in fact Mr. Wheatley comes to an agreement of what the county is going to do and he wants to be paid right away, and if the FAA has not committed this money, where is the county at? Mr. Parker said if the county is going to complete the Wheatley purchase, we donít want to turn this money away. Commissioner Pinkerton said that is the priority he wanted to hear. Commissioners agreed to move forward and to prioritize the Wheatley property purchase and to give a figure to Mr. Gates. Chairman Dinning said the Commissioners need to be prepared to buy both parcels this year and to have enough funds so the county is not committing and then telling Mr. Wheatley Commissioners donít have enough.
Commissioner Kirby left the meeting at 12:50 p.m.
Chairman Dinning said he hears Mr. Parker anticipates buying the Howard property. Mr. Parker said he didnít think the Wheatley property would be resolved this year. †††
The meeting with Mr. Parker and Mr. Niemeyer ended at 12:50 p.m.
Commissioners tended to administrative duties.
There being no further business, the meeting adjourned at 1:50 p.m.
††††††††††††††††††††††††††††††††††††††††††††††† DAN R. DINNING, Chairman
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk †††††††††††††††††††††††††††††††††††