***Monday, May 09, 2016, at 9:00 a.m., 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.
Blue Sky Broadcasting Reporter Mike Brown was in attendance of the meetings off and on throughout the day.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball and Planning and Zoning Department Administrator John Moss joined the meeting.
9:00 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)c, to acquire an interest in real property, which is not owned by a public agency. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:10 a.m. No action was taken.
Mr. Moss left the meeting.
9:10 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:30 a.m. No action was taken.
Mr. Kimball presented a written department report. Mr. Kimball’s report included the following tasks: brushing on District Two Road and Deer Park Road, starting the crusher and crushing two inch ballasts, culvert work on Blume Hill, and checking the boat launches. Mr. Kimball said he is going to rent a chipper from IFC in Spokane, Washington, as chippers are more productive so he will do a trial to see how it works. Commissioner Kirby suggested that Mr. Kimball contact Alan Flory to ask him about his chipper.
Mr. Kimball spoke to Commissioners about a matter involving a culvert on a county resident’s property. If the culvert were to be placed where it actually belongs, it would almost be in the center of the property owner’s driveway. According to a current survey the approach is not accurate so the property owner will relocate the approach back to his land.
9:45 a.m., Mr. Kimball left the meeting.
9:45 a.m., County Public Defenders Serra Woods and Michael Waldrup joined the meeting.
9:45 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:00 a.m. No action was taken.
10:00 a.m., US Army Corps of Engineers Fisheries Biologist Greg Hoffman met with Commissioners to provide an update on Kootenai River flows. Mr. Hoffman explained to Commissioners what is involved with multiple tiers as it pertains to sturgeon flows. Every year sturgeon biologists look at the environment, such as when waters start warming up. Those present also discussed snowpack levels. Mr. Hoffman said the reservoir will get within 10 feet of full capacity in late July or early August, but he will have graphs ready in time for the next Kootenai Valley Resource Initiative (KVRI) meeting. Mr. Hoffman said normally we have more water than the minimum required for bull trout, but this year we are right at level. Chairman Dinning said a lot of times sturgeon flows are blamed for the high river flows. If 1,762 is normal runoff, the Army Corps is mandated to release one million acre feet for generally two weeks. Mr. Hoffman said normally the Corps will do full power house for a two week period for flood control, not for sturgeon. Mr. Hoffman explained “VAR-Q”, a modified flood control operation, and said if VAR-Q wouldn’t have gone anywhere if not for salmon.
The meeting with Mr. Hoffman ended at 10:10 a.m.
Commissioners recessed until the tax deed auction to be held at 10:30 a.m.
Commissioner Pinkerton moved to approve the Certificates of Residency for: R. Bell, S. Mendenhall, J. Fess, H. Wenk, and M. Wenk. Commissioner Kirby second. Motion passed unanimously.
10:30 a.m., Commissioners held a tax deed auction to sell properties with delinquent property taxes dating back to year 2012 and that were tax deeded in year 2015. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, Chief Deputy Treasurer Jenny Economu; and members of the public to include Kelley Vogel, Ron Sukenik, Tim Jantz, and Sam Fodge. The auction was recorded.
Chairman Dinning said each parcel has a minimum bid amount, which he will announce when introducing each parcel.
The first property is parcel #RP00840010016AA and is described as Part of Lots 15 & 16, Block 10, Porthill in Section 8 Township 65 North Range 1 West. This property is approximately .083 acres. The former owners are listed as: Sonja Nyberg Lahnert, Wallace Nyberg, Dannis Carson, and Lawann Wunder, each with one-quarter interest. The minimum bid due for this property is $470.78. There were no bidders for this property.
The second property is parcel #RP61N01E119461 and is described as Tax 10 LESS N 490’ in Section 11, Township 61 North Range 1 East. This property is approximately 2.82 acres. The former owner is listed as Walter L. Merrifield. The minimum bid due for this property is $9,880.80. There were no bidders for this property.
The third property is parcel #RP63N02E351400A and is described as N 540’ of SW4 NE4 west of the Moyie River and east of the railroad right-of-way in Section 35 Township 63 North Range 2 East. This property is approximately 10.05 acres. The former owner is listed as John Bryant Thornhill Jr. The minimum bid due for this property is $4,874.66. The successful bidder was Kelley Vogel who bid a total of $16,000.00.
The fourth and final property is parcel #RP65N01W084815A and is described as Tax 51 in Section 8 Township 65 North Range 1 West. This property is approximately .057 acres. The former owners are listed as Sonja Nyberg Lahnert, Wallace Nyberg, Dannis Carlson, and Lawann Wunder, each with one-quarter interest. The minimum bid due for this property is $427.77. There were no bidders for this property.
The tax deeded property auction ended at 10:40 a.m.
Commissioner Pinkerton moved to adopt Resolution 2016-17. A resolution establishing administrative fees for land use applications. Commissioner Kirby second. Motion passed unanimously. Resolution 2016-17 reads as follows:
Boundary County Idaho Resolution 2016-17
A RESOLUTION ESTABLISHING ADMINISTRATIVE FEES FOR LAND USE APPLICATIONS.
WHEREAS: Boundary County is required to exercise land use planning powers as granted at IC 67-6503 by developing ordinances establishing zones and regulating land uses, and;
WHEREAS: Section 3.9 of Zoning and Subdivision Ordinance 2015-2, adopted by the Board of County Commissioners August 10, 2015, allows the adoption of fees associated with land use application processes;
NOW, THEREFORE, BE IT RESOLVED by the members of the Board of Commissioners of the County of Boundary, Idaho, that the following schedule of fees is hereby adopted to cover the costs of administering the provisions of the Boundary County Zoning and Subdivision Ordinance:
Certificate of Compliance No fee
Request to Examine or Copy Records
First 100 pages are free of charge Per Idaho Code
Residential Placement Permit $35.00
Commercial/Industrial Placement Permit $50.00
Conditional Use Permit $90.00
Special Event Permit $90.00
Temporary Use Permit $180.00
Subdivision, Simple $35.00
Parcel Split, Simple $35.00
Parcel Split, Primitive $35.00
Parcel Line Adjustment $35.00
Lot Line Adjustment, Subdivision $35.00
Subdivision, Short Plat $90.00
Subdivision, Long Plat $180.00
Quasi-judicial Zone Map Amendment $200.00
*Comprehensive Plan Amendment $200.00
*Ordinance Amendment $200.00
* - Fee not to be imposed if amendment application is initiated by the Planning and Zoning Commission or the Board of County Commissioners.
In addition to the above fees, applicants shall also reimburse Boundary County for first class mailings or display advertisements required for public notification pursuant to Section 20, Boundary County Zoning and Subdivision Ordinance.
Done this 9th day of May, 2016.
BOARD OF COMMISSIONERS
Dan Dinning, Chairman
LeAlan Pinkerton, Commissioner
Walt Kirby, Commissioner
Boundary County Clerk/Auditor/Recorder
Recorded as instrument #267078
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 42,249.38
Road & Bridge 95,835.30
District Court 3,631.03
Justice Fund 31,504.54
911 Funds 1,999.85
Indigent & Charity 11,842.58
Parks and Recreation 5,437.77
Solid Waste 9,686.33
Veterans Memorial 214.93
Grant, Emergency Communication 106,930.50
Auditor’s Trust $ 90.48
Magistrate Trust 22,623.85
Motor Vehicle Trust 140,999.00
Sheriff’s Trust Fund 1,212.50
Landfill Closure Trust 4,823.95
GRAND TOTAL $509,448.64
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2015-2016).
Commissioners tended to administrative duties.
11:42 a.m., Jacob Bushnell with Jacob Bushnell Consulting joined the meeting.
11:50 a.m. County resident Steve Oxford stopped by Commissioners’ Office to speak with Commissioners. Mr. Oxford said the Moyie Mud Bog event recently took place and it created a terrible amount of dust in the area and up Moyie River Road. Mr. Oxford said he couldn’t even sit in his yard or see out into the woods so something needs to be done about the dust. Mr. Oxford said he can live with the noise generated from the mud bog, but cannot handle the dust and he added that he wouldn’t mind if mud bog event holder Bruce Behrman used a water truck on the road all day during the mud bog. Usually the wind blows the opposite direction so the dust hadn’t been an issue, but not this year, according to Mr. Oxford.
Mr. Oxford left the meeting.
Commissioners continued their discussion on quotes received for a security camera system for the Sheriff’s Office. Chairman Dinning said because of the confusion regarding a proprietary system, County Civil Attorney Tevis Hull suggested Commissioners reject all quotes and ask the Sheriff’s Office representative to seek quotes for specific, non-proprietary systems. Commissioner Kirby suggested the terminology include “operating system.”
Chairman Dinning mentioned that Ms. Denton said if the hard drive in a proprietary security system fails, she would have to order a new hard drive from that specific vendor, but if the county selected another vendor, she would be able to purchase a new hard drive herself and install it.
Commissioner Pinkerton said Ms. Denton advised selecting a particular quote as it was a non-proprietary system so if her decision was based on that, she needs to specifically request a non-proprietary system in her quote.
Commissioner Pinkerton moved to reject all quotes and to authorize the Sheriff’s Office to seek new quotes specifically requesting a quote for a non-proprietary operating system. Commissioner Kirby second. Motion passed unanimously.
Mr. Bushnell spoke to Commissioners about a matter pertaining to writing the request for proposals. Mr. Bushnell informed Commissioners that, as far as it pertains to the camera system, he gets his system’s hard drive from Amazon. Mr. Bushnell said if the quote specifies a Windows operating system, he doesn’t want the liability. Commissioner Pinkerton said he doesn’t appreciate unfair advantages so if the Sheriff’s Office wants something specific, the request for quotes needs to be written that way so everyone has a fair chance.
Mr. Bushnell left the meeting at 12:05 p.m.
Commissioner Pinkerton moved to sign Independent Contractor Agreement with Cannon Hills Industries pertaining to wood grinding and debris removal at the county landfill. Commissioner Kirby second. Motion passed unanimously.
Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, Clerk Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Attorney Jeff Crandall of Crandall Law Group contacted Commissioners via telephone to discuss property owned by Vernon Jerry Mortenson, Agent of Enlightened Living, LLC., that is to be tax deeded on May 23rd. Treasurer Sue Larson joined the meeting.
Attorney Crandall informed Commissioners that he had recently been appointed special representative to the Estate of Vernon Jerry Mortenson, who is deceased, and he has been in contact with Treasurer Larson about Mr. Mortenson’s properties. Attorney Crandall said he has been retained at the request of two realtors who have Mr. Mortenson’s properties listed for sale with a combined total sale price in the one million dollar range. Attorney Crandall said there had initially been another representative, but they have resigned. Mr. Mortenson’s estate is insolvent and there are county and Internal Revenue Service (IRS) tax liens. Negotiations have been an ongoing process. Attorney Crandall said he is at a disadvantage as he hasn’t received all the documentation just yet, but he has received the notice of tax deed from the county. Treasurer Larson was consulted about postponing the tax deeding, but he doesn’t know what he needs in order to establish that. As soon as the properties in question are sold, the delinquent tax matter will be taken care of. There is a redemption right for the parcels, but more funds would be required. Chairman Dinning said that sounds correct. There are a total of 61 parcels overall, but there are nine with delinquent 2012 taxes. Attorney Crandall said one of the involved parties is paying just to protect his interest. Chairman Dinning said one of the documents the Commissioners will need is a copy of the letter of appointment for the estate. Chairman Dinning inquired if Attorney Crandall is asking for an extension of time to pay the 2012 taxes for those nine parcels, how long of an extension is needed. Attorney Crandall said the tricky part is getting the IRS to sign off. There are escrows pending closing for a little over one million dollars so if he could get a six month extension, it would be great, but if not, then at least three months. The litigation reports have already been done, according to Treasurer Larson. Chairman Dinning said if Commissioners grant a six month extension and then the properties don’t sell, the county will have to start the tax deeding process over and that will cost an additional couple hundred dollars per parcel. Attorney Crandall said he understood. Chairman Dinning said a six month extension would be November 9, 2016. Treasurer Larson said she didn’t see any issues with that.
Commissioner Kirby moved to grant an extension of time to pay year 2012 taxes and costs for the following parcels owned by Enlightened Living LLC., and to accept payment of the 2012 taxes and costs for these parcels by November 9, 2016: Parcel RP61N01E193158A, RP61N01W132852A, RP61N01W134202A, RP61N01W134500A, RP61N01W134951A, RP61N01W240157A, RP61N01W240600A, RP61N01W240750A, and RP61N01W241050A. If the taxes are not paid by this date, the county will restart the tax deed process. This extension is subject to receiving a letter of appointment from Attorney Crandall. Commissioner Pinkerton second. Motion passed unanimously.
The call with Attorney Crandall ended at 1:40 p.m.
Fish and Game Warden Lucas Swanson joined the meeting briefly to make introductions. Mr. Swanson left the meeting.
1:44 p.m., Walter Merrifield contacted Commissioners via telephone to discuss making an offer to buy his property back from the county as it had not sold at this morning’s tax deed auction. Treasurer Sue Larson was also present for the phone call.
Chairman Dinning said the total amount owed to the county for this parcel is $9,880.80, but may actually be more than that. Chairman Dinning said if the county is to sell this property, a deed of trust and a note needs to be signed. Mr. Merrifield said he would like to buy the property back, but he cannot come up with approximately $10,000 all at once so he could raise one-quarter of the amount owed now then make payments. Chairman Dinning asked Mr. Merrifield if he could make payments totaling $600 per month. Mr. Merrifield said he would have to make a few phone calls to see if he could raise funds totaling $1,000 to $2,500 for the amount down. Chairman Dinning said it would be at least two weeks before the funds are needed. Mr. Merrifield said he could come up with the money in two weeks’ time. Those present discussed a closing date of May 23rd or May 31st. Chairman Dinning said Mr. Merrifield is agreeing to come up with $1,000 down plus he needs to pay all closing costs as the transaction will close through a title company. Mr. Merrifield said he spoke to a title company and was told closing costs were approximately $315. Chairman Dinning said Mr. Merrifield is under a verbal agreement at this point. Commissioners are looking at a tax amount of $9,880.80 plus whatever amount is accrued between now and closing. Mr. Merrifield will pay all closing costs and make monthly payments of $600 per month. The county can charge up to 5.375% in interest. Commissioner Kirby and Commissioner Pinkerton were in favor of the offer. It was said Mr. Merrifield will need to keep the property’s taxes current.
Chairman Dinning said Commissioners will need to discuss this as he wasn’t certain if they could address this as a time sensitive matter or schedule time to discuss it on next week’s agenda. Treasurer Larson said if the closing is to be done by May 23, 2016, it may be time sensitive. Chairman Dinning said Commissioners need to talk to County Civil Attorney Tevis Hull about making this decision today or if it has to be agendized for next Monday. Commissioners said they would get back in touch with Mr. Merrifield.
The offer is for Mr. Merrifield to pay $1,000 down, make payments of $600 per month, and to pay closing costs with a date to close on May 23, 2016 or May 30, 2016.
The phone call ended at 1:54 p.m.
1:56 p.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone. Commissioners informed Attorney Hull that one of the tax deeded properties did not sell at today’s auction and the original property owner wants to buy the property back. Chairman Dinning relayed Mr. Merrifield’s offer to Attorney Hull and asked him if there is a legal process in which to accept the offer. Attorney Hull said yes, Commissioners will need to write up a deed of trust and a note, and this needs to be done by making a motion.
The call with Attorney Hull ended at 2:00 p.m. Treasurer Larson left the meeting.
Solid Waste Department Superintendent Claine Skeen joined the meeting.
Commissioners informed Mr. Skeen that Attorney Hull has not finished his review of the paperwork to go out to bid for weight scales.
Commissioner Pinkerton moved to go out for bids for a weight scale for the landfill subject to County Civil Attorney review of bid documentation. Commissioner Kirby second. Motion passed unanimously.
Mr. Skeen left the meeting.
Commissioner Pinkerton moved to approve the Assignment of Ground/Hangar Lease for Hangar N from Robert and Patricia Noel, agents for DAP LLC., to Harold and Jeanene Bishop. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to hire a surveyor to relocate monuments as it pertains to Richard Villelli property.
There being no further business, the meeting adjourned at 2:30 p.m.
_____________________________________________ Dan R. Dinning, Chairman
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk