Commissioners' Meeting Minutes - Week of December 12, 2016

***Monday, December 12, 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.

9:00 a.m., Curley Creek Fire Department Commissioners Keith Kuczka, Tony Klinkhammer, Dan Hooper, Ray Chaffee, and Dean Prentiss; and Fire Chief Brad Stalcup joined the meeting. Mr. Kuczka provided Commissioners a handout with bullet points as it pertains to their request to have the County Road and Bridge Department plow snow at the Curley Creek Fire Station on Silver Springs Road. Chairman Dinning informed those present that Road and Bridge Department Superintendent Clint Kimball was scheduled to be at the meeting, but had to tend to another matter. Mr. Kuczka said he wanted to talk to County Commissioners about plowing in front of the Curley Creek Fire Station on Silver Springs Road, which consists of one-third of a mile more than what is plowed now. Mr. Kuczka said a two-wheel drive fire truck cannot always get out in the snow. A picture of the road in question was provided to Commissioners. Mr. Kuczka said the fire commissioners wanted to add more equipment to this station, but they were not certain if this station could be kept open all year. There are seven firefighters assigned to the Silver Springs Station and if they have to go to Highway Two Loop, it adds another 30 minutes to their response time. The fire commissioners asked if the county would go that little bit of extra distance to plow by the station, consider options to straighten out the dip in the road, or adopt that portion of road as a long term goal. The short term goal is to plow in the meantime. Mr. Kuczka said fire commissioners recognize that Silver Springs Road is not a county road so they don’t know whether or not plowing is feasible. Mr. Kuczka said since he is relatively new to the Curley Creek Board, he felt better about having longer term board members present at this meeting. Chairman Dinning said his first question is why the station was built in that location.

Blue Sky Broadcasting Reporter Mike Brown joined the meeting.

Chief Stalcup explained that in the 1970’s, Ed Minden was a member of the homeowner’s association for that area and he had purchased this acreage. Where the fire station sits now is also a community well house for different residences. Chief Stalcup said his wife had lived in this area in the 1970’s, and there had been electricity, etc. Mr. Minden had gotten together with the other property owners and said if the fire department can use two acres there, they could use it.

Mr. Chaffee said this fire station was built by volunteers and he had a hand in that. Mr. Chaffee said this is when the fire department’s trucks were hobbled together. The station on Silver Springs Road provided coverage for at least part of the year. In the winter fire trucks had to be chained, then the chains had to be removed in order to drive on other roads nearby. Chairman Dinning asked how this areas has been maintained so far. Mr. Hooper said he and other area neighbors have provided maintenance in the past. Mr. Prentiss said the other side of this situation is when people might ask why ambulance units can’t respond so he can see that as being a problem. The fire station situation is bad as most of the time you cannot use it so it is an issue that’s been brewing. It is a long term problem that needs a short term answer.

County resident Marty Martinez joined the meeting.

Chairman Dinning explained that it would be a different matter if the county were to declare an emergency as the county can do a lot more in those cases, but one thing Commissioners run into is that Curley Creek Fire Department is an association. Commissioners have been informed that the county has difficulties, legally, when entering into an agreement with a non-taxing district. Chairman Dinning informed those present that Commissioners are still waiting to hear from the county civil attorney to get his opinion. Chairman Dinning said it also becomes a matter of county funds being expended as it is considered giving credit to a non-taxing entity so Commissioners are looking into the legality of that. Chairman Dinning asked if the homeowner’s association is informal and the response was the association was thought to not exist. Mr. Chaffee said he doesn’t know if there had been a mutual agreement, but when the land was given to the fire department, several landowners, who were a part of the association, signed the agreement. Mr. Chaffee said he thinks most of those homeowners are gone now.

Mr. Kuczka said since Curley Creek is an association they don’t have the budget to buy new land so that is not likely to happen. Mr. Chaffee said they had considered relocating and to have a piece of land, but it is too expensive to have it developed. Curley Creek would have to apply for grants to improve access and visibility. All the way from Highway Two to the Moyie Springs line is affected by this. Chief Stalcup said members of the fire department are volunteers so it just depends on who is available. Mr. Hooper said he lives right by Curley Creek station #2 and it takes him 25 minutes to get to station #1 in this weather. Chairman Dinning asked about assistance from North Bench Fire Department and it was said that Curley Creek does have mutual aid agreements.

Mr. Prentiss said if they are property tax payers, why can’t they get services from the agency who collects the taxes? Commissioner Pinkerton said we are looking at how we can do this…not reasons why we can’t, but we need to make sure we are not violating laws. At this point, without some legal transactions, Commissioners don’t know if they can plow this area as we would like to plow, but we can’t violate the law, according to Commissioner Pinkerton. Chairman Dinning said he is sure the North Bench Fire Department plows their area so with mutual aid is there the ability for North Bench to plow this station? Commissioner Kirby said North Bench only has a 100 feet of driveway and that department also consists of volunteers. Mr. Chaffee said Curley Creek Fire Department has approximately 250 members who pay dues. The department sends out almost 400 letters to its members and receives almost 60% of the dues. The dues are $75 per year per membership. Chairman Dinning said Commissioners do understand their situation, but don’t know what the county can do. Chief Stalcup said he has talked to a couple property owners who are involved, but he suggested signing an agreement releasing the county of any property damage if that were to help matters. Chairman Dinning said he doesn’t know what it would take to bring Silver Springs Road to county standards. Chief Stalcup said it would be a lot to bring this road to county standards as it is basically sand. Mr. Hooper said there is a 60-foot right-of-way and none of the existing property owners own it so the county could take it. Commissioner Pinkerton said the county needs a 60-foot easement so that could make it more of a possibility.

Mr. Hooper said if the county is giving a credit in plowing by the fire station, what if Curley Creek was charged a certain amount by the county for plowing? Chairman Dinning said those are questions Commissioners will have to ask. Chairman Dinning asked for the Curley Creek Fire Department Commissioners to come up with alternatives that Commissioners could consider. Mr. Kuczka said these things are not easy and there are always the laws of unintended circumstances. Commissioner Kirby said it is not a matter of someone getting their driveway plowed, it is a fire department and there are times of emergency. Chairman Dinning asked about the possibility of the landowners who use that one-third of a mile contributing or hiring someone with a grader. Mr. Hooper said they have had Mr. Stippich come in once per year to level out the potholes, etc.

The meeting with the Curley Creek Fire Department Board members ended at 9:23 a.m.

Commissioner Kirby moved to approve and sign the Road and Bridge Financial Report. Commissioner Pinkerton second. Motion passed unanimously.

Chairman Dinning said the back parking lot behind the Extension Office near the railroad is very dark so Courthouse Maintenance John Buckley is looking into the cost to have lighting installed.

Commissioner Kirby moved to approve the cost of lighting for the back parking lot up to $2,500 with clarification on placement of the lights and poles. The motion died for lack of a second.

Commissioner Kirby moved to amend his prior motion to approve the cost of lighting for the back parking lot at a cost of up to $2,700 with clarification on placement of the lights and poles. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton said he has no issue with installing lighting, but we need to look at where to set the lights so it makes a difference.

Commissioner Pinkerton moved to approve Certificates of Residency for Anna Roush and Caleb Gering. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to grant an extension of time and to accept the tax amount due for year 2016 by January 25, 2017, for parcel #MHM0130000038WA. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to grant an extension of time and to accept the following payment schedule for year 2013 taxes for parcel #RP62N03E186310A as follows: $200.00 due by December 9, 2016, $100.00 due by January 18, 2017, and $100.00 due by February 20, 2017, with the balance of tax remaining for year 2013 due by March 24, 2017. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman to sign the Xerox Agreement for a printer/copier work center (Item #5865APT) for the Assessor’s Office. Commissioner Kirby second. Motion passed unanimously.

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

Current Expense $ 45,705.47
Road & Bridge 36,120.61
Airport 3,599.20
District Court 5,085.24
Justice Fund 41,025.06
911 Funds 1,065.20
Indigent & Charity 30.04
Junior College Tuition 1,800.00
Parks and Recreation 4,516.54
Revaluation 1,082.41
Solid Waste 16,979.14
Veterans Memorial 128.19
Weeds 2,830.56
Restorium 16,655.09
Waterways 296.51
Grant, Fire Mitigation 8,804.06

TOTAL $185,723.32
Auditor’s Trust $ 128.76
Driver’s License Trust 6,241.00
Magistrate Trust 19,624.65
Interlock Device Fund 300.00
Motor Vehicle Trust 99,169.52
Workmans Comp Trust 19.20
Sheriff’s Trust Fund 220.00

TOTAL $125,703.13

GRAND TOTAL $311,426.45

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2016-2017).

Commissioners stated they had questions pertaining to the Weed Cost Share Request prior to signing it.

9:42 a.m., County Noxious Weeds Department Superintendent Dave Wenk joined the meeting to clarify matters pertaining to the Weed Cost Share Request. Mr. Wenk said the county doesn’t fund any of the programs. Boundary County is requesting $22,000 for the Neighborhood Cooperative Weed Management Program to share with Bonner County, including $3,000 for new invaders. Boundary County will receive $1500 of that $3000 and the amount of $11,000, half of the request of $22,000, pertains to Boundary County, according to Mr. Wenk. The cooperative consists of Bonner and Boundary Counties, Kootenai Tribe, and the Idaho Department of Lands. It was said the county portion for match will not exceed the Weed Department’s line item. Mr. Wenk said all three entities sign the request. The estimated match of $55,000 consists of the time that everyone puts into this program so it is just in-kind. Commissioner Pinkerton said he just needs to know what it will cost the county. Mr. Wenk said this program won’t cost the county anything. Commissioners stated that they wanted to have something in writing that states the match is not actual dollars.

Mr. Wenk left the meeting at 9:46 a.m.

Chairman Dinning said last Friday Commissioners received a pay request from the Idaho Department of Lands for a hazardous fuels reduction project and the document is time sensitive.

Commissioner Kirby moved to amend the agenda for today at 1:30 p.m., to add a motion to sign the pay request from the Idaho Department of Lands for the Lower Kootenai River Watershed Restoration Project as it is time sensitive. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman to sign the Memorandum of Agreement with Selkirks Pend Oreille Transit Authority (SPOT) for limited operations of the SPOT bus system in Boundary County, and to appoint Commissioner Walt Kirby as liaison between SPOT and Boundary County and to appoint Clerk Glenda Poston as liaison if Commissioner Kirby cannot perform this duty. Commissioner Kirby second. Motion passed unanimously.

Commissioners need to comment on the United States Forest Service Starry Goat project today, according to Chairman Dinning.

9:49 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting.

Commissioner Kirby updated Commissioners on a matter pertaining to Panhandle Health District. Commissioner Kirby said District 5 was going to get more funding at the expense of the other districts as the state has a set amount.

Commissioner Pinkerton moved to cancel taxes for year 2016 totaling $117.90 for parcel #RP61N01E188220A as the property was assessed for 17.0 acres but was found to be only 14.7 acres. Commissioner Kirby second. Motion passed unanimously.

Commissioners reviewed the Findings and Decision for Planning and Zoning Application 16-111, amendments to the current land use ordinance. Chairman Dinning had questions he would like to have answered prior to signing the Findings and Decision.

9:57 a.m., Property owners Scott Stover and Shane Bidwell joined the meeting.

Mr. Stover said he and Mr. Bidwell had questions about their property’s solid waste fee. The property in question is now being used as a residence for two families, but it was once the Evergreen School. Mr. Bidwell said as far as the value of the property and percentages of what they are paying, they are fine with that. Since the building is now being used as a residence, it is not certain how it is being valued for solid waste fees. Mr. Skeen said there are 35 yards of garbage per year and he explained that the fee is not based on the property. Chairman Dinning questioned what the 35 yards was based on. The building had been a commercial building when it was a school.

10:02 a.m., Treasurer Sue Larson joined the meeting.

Mr. Skeen said the building as a school was assessed at 35 yards. Treasurer Larson said it is a M150 category. It was mentioned several families were living at this location while they were having homes built along Highway 2. M150 is the category for a store and special categories and that fee increased from $1,462.50 to $1,522.50. Chairman Dinning said Mr. Stover and Mr. Bidwell are still paying the fee as if the building was a store or a high use building. Mr. Skeen said in contacting Bonners Ferry Garbage there is a four-yard dumpster at this property. Mr. Bidwell said there had been a dumpster, but they stopped the service because they never filled it. Mr. Skeen said the hauler said they serviced this location once a week. It was a four yard container, which equates to 208 yards per year so they fall into a category that is lower than the M150 category. Mr. Stover and Mr. Bidwell said once per month they haul their garbage in a truck bed that is approximately four feet by seven feet. Chairman Dinning said we probably need to come up with a different category. It had once been a school, but there are two families living there now. Chairman Dinning asked Mr. Skeen to take a look at the fee schedule and get back to Commissioners with a new assessment before December 20th. Since Mr. Skeen was able to determine a new category, Commissioners were able to have the necessary documentation prepared for signature.

The meeting with Treasurer Larson, Mr. Stover, Mr. Bidwell, and Mr. Skeen ended at 10:11 a.m.

10:14 a.m., Commissioners held a public hearing to consider the Boundary County Alcoholic Beverage License Applications for year 2017. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Blue Sky Broadcasting Reporter Mike Brown. The proceedings were recorded.

Commissioner Pinkerton moved to approve the County Alcoholic Beverage License Applications for renewal for year 2017 as presented in Exhibit A, which has been provided to Commissioners, provided all necessary documentation and fees have been received. Commissioner Kirby second. Motion passed unanimously.

The hearing ended at 10:15 a.m.

Commissioner Pinkerton moved to cancel solid waste fees totaling $1,278.90 for year 2016 for parcel #RP62N02E148203A as the solid waste fee was corrected to represent two households. Commissioner Kirby second. Motion passed unanimously.

10:28 a.m., Commissioners held a surplus county vehicle auction. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and county resident Marty Martinez. The bid opening was recorded.

County surplus vehicles up for auction were as follows: 1986 Nissan pickup truck, VIN #JN6ND11S1GW011285, and a 1995 Ford F350 van chassis with an ambulance body, VIN #1FDKE30FXSHA67947.

The highest bid for the 1986 Nissan pickup truck was $218.00. Other bids received for this vehicle were as follows: $201.00 bid by Michael Krejci, $100.00 bid by Cullen Evans, and $87.75 bid by Chad Kimball. The successful bidder was Terry Johnson.

The highest bid for the 1995 Ford F350 van chassis, which had once been used as an ambulance, was $503.00. Other bids received for this vehicle were as follows: $501.00 bid by Mike Krejci and $400.00 bid by Cullen Evans. The successful bidder for this vehicle was also Terry Johnson.

The bid opening ended.

Commissioner Kirby moved to approve the minutes of November 21 and 22, 2016. Commissioner Pinkerton second. Motion passed unanimously.

Clerk Poston said Boundary Ambulance Service has requested their funds in advance so she would like to provide that payment at the upcoming Boundary County Ambulance Service District meeting. Clerk Poston said the county can provide Boundary Ambulance Service $35,000 and take $12,500 out of the January disbursement that is to be set aside. This is an amount the county would normally pay Boundary Ambulance Service. Commissioners said they had no issue with that.

10:40 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 10:50 a.m. No action taken.

Courthouse Maintenance John Buckley joined the meeting at 10:55 a.m.

Commissioners and Mr. Buckley discussed matters pertaining to having lighting installed at the parking lot behind the Extension Office.

Commissioners approved the option received for lighting for the parking lot behind the Extension Office. There is room for a pole between the rock wall and the line, according to Mr. Buckley. Commissioner Pinkerton said that should be fine. Mr. Buckley said the pole could go behind the rock wall approximately five feet.

Mr. Buckley left the meeting.

Commissioners tended to administrative duties.

Commissioners recessed for lunch at 11:40 a.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Road and Bridge Department Superintendent Clint Kimball stopped by Commissioners’ Office to drop off his written department report. Mr. Kimball informed Commissioners that when the Naples Bridge was last hit by an over-height logging truck last weekend, it was hit really hard and steel was torn. The driver did not stop, but apparently has since confessed to hitting the bridge. Mr. Kimball said he had a visit with the bridge engineers and the hope is the bridge is not in immediate danger, but one of the beams is no longer attached. Matt Farrar, who is a bridge engineer for the State of Idaho will be here to look at other areas of concern and may issue a temporary solution, according to Mr. Kimball.

Mr. Kimball left the meeting at 1:31 p.m.

1:31 p.m., Border Patrol Agent in Charge Matthew Turner met with Commissioners to introduce himself and have a general discussion. Agent Turner said he arrived in Bonners Ferry on November 13, 2016, and prior to this location he was in charge of the Border Patrol Station in Eureka, Montana for three years. Agent Turner said he wants to integrate well into this community and he added that he has met with the Kootenai Tribe Police and would like to meet the Sheriff-elect. Commissioners and Agent Turner discussed the Explorer Program and supporting local and tribal law enforcement. Agent Turner explained how his greatest asset is the people in this community.

Chairman Dinning said few weeks ago Commissioners and Forest Service representatives met to discuss opening Bog Creek Road and he asked Agent Turner not to hesitate to rely on Commissioners in some fashion regarding that project. Chairman Dinning said Commissioners thought Bog Creek Road would be opened from end to end, but they have recently learned this road is just going to be opened up on the Priest Lake side for 5.6 miles. Commissioner Pinkerton spoke of matters that will help guide Commissioners in how they will decide on this project. Commissioners want to know what the Border Patrol wants to do currently and into the future such as open the road, close it, or keep public limited. It is about how we can help each other to get that mission tactical.

Commissioner Pinkerton also talked about integrating into the community. There is a wide open board in making headway into the community. Reaching out is one way, but maybe to meet with some of these community organizations or have town hall meetings in towns such as Porthill and Eastport as they live along the borders.

The Explorer Program has been here before and is a good program. The program continues to change and it was said the Border Patrol has done a good job with that program.

Commissioners informed Agent Turner that they will help where they can, but can’t help if they don’t know what the Border Patrol wants and vice versa. Agent Turner said he would take the advice about meeting with various local agencies. Clerk Poston spoke of how the county fair gets information out to the public as well.

The meeting with Agent Turner ended at 1:55 p.m.

2:00 p.m. Commissioners held a conference call with Rick Donaldson, an engineer for Robert Peccia and Associates (RPA) working on the Airport Master Plan. Present for the meeting was County Civil Attorney Tevis Hull, property owner Amy Moore, Linda Fioravanti, real estate agent for Ms. Moore, and Blue Sky Broadcasting Reporter Mike Brown.

Commissioners said they want to gain an understanding of where they are as far as coordination so Commissioners understand the process. Several months ago Commissioners had a meeting and information was provided that included a flow chart of the progression of the Boundary County airport master plan effort. Some of the items at the beginning of the process was a site survey. Having an aviation forecast done was mentioned and Mr. Donaldson said from what he sees he anticipates there being no change in the aircraft category. Chairman Dinning mentioned the user survey being completed and he asked Mr. Donaldson if he had an old survey. Mr. Donaldson said his primary source was Northern Air’s address book and he has the results in a spreadsheet, but he needs to clean it up and make sense of the information rather than just hand it to Commissioners to make sense of. Mr. Donaldson said the combination of information will result in the type of aircraft that has already been seen at a B2 facility. Then the needs of the airport will be compared to what is currently provided as well as development of any alternatives for improvements so ultimately the airport facility would match needs. So it is where we are now, what we need, and how to get there. Mr. Donaldson said he has started developing those alternatives to meet those needs and as those get finished, he will get that information into a presentable format and have a public meeting prior to development. Chairman Dinning said this is similar to developing a new planning and zoning ordinance. Mr. Donaldson said he will review the existing new airport ordinance. Chairman Dinning said it is just the process. Mr. Donaldson said there is a meeting, not a hearing, but the Federal Aviation Administration (FAA) advises that it is a good idea to do. Once the forecast is complete and presentable, along with providing some alternatives, it will get to what the county needs and there will be a meeting to get public input. The county has the existing Airport Layout Plan and when there is the new plan, there will be another meeting to finalize that plan. The Master Plan will be developed to also develop the layout plan. This is a living working document that gets updated overtime, according to Mr. Donaldson. Chairman Dinning said Commissioners wanted to make clear that this is a document that shows a future proposed plan. Mr. Donaldson said when this process is finished, by the end of year 2017, he will implement everything that is shown. This process can take many years to do or this is a plan for something that may never get done. It is just a plan.

Mr. Donaldson said it sounds like Commissioners saw alternatives that he presented at the Airport Board meeting last month. Chairman Dinning said what Commissioners wanted to get to first off is how this specifically has to do with Ms. Moore’s property. Ms. Moore said she had been working with Mr. Donaldson, but as far as the Commissioner meeting in August, Mr. Donaldson sent a graph and she hadn’t heard anything since. Ms. Moore said she has four possible buyers for her property and she doesn’t want to get the land locked up. Ms. Moore said with all due respect, she does have land in this area that she does pay taxes on, and she has potential buyers. This land is for sale and her new agent is here with her. Ms. Moore said she is frustrated because between the airport, Planning and Zoning, and Commissioners, she cannot get informative answers so she can sell her property. Chairman Dinning explained to Mr. Donaldson that there is someone interested in purchasing Ms. Moore’s property, but from the county’s perspective, Commissioners had just recently been in a situation in which there were “too many cooks in the kitchen” so Commissioners would like all communication to go through County Civil Attorney Tevis Hull. Mr. Donaldson said he did speak with Ms. Moore at the initial meeting and he would be happy to complete the initial calculations, but he does work for the county and the airport board felt anything answered outside of his contractual obligation should go through the county. Chairman Dinning said through today, this master plan is still in the process of being developed. Mr. Donaldson said that is correct, it is not done, and the analysis he has done is based on the existing plan and ordinance. Chairman Dinning said as far as anything pertaining to Ms. Moore’s property, it would be based on the current plan, not the future document. Mr. Donaldson said that is correct.

Chairman Dinning said in Mr. Wheatley’s case, the county had to have the exact location in order for the FAA to determine, without a doubt, what was allowed to be done on that property. Attorney Hull said when Mr. Wheatley submitted his application to the county, he basically just put a dot on the application as to where he wanted to build and wanted to know what the restrictions were. Attorney Hull said the county had to go to the FAA and it was the county’s understanding that you need more than just a dot on the application. Also needed is to provide the elevations of the proposed building’s footprint and to get an opinion from the FAA as to the effects on the air zones. Then the FAA responds with a report for the county to review. Mr. Donaldson said that was correct and he added that the way the county ordinances are set up, that is how the process works. A 7460 Form needs to be completed along with providing information as to the horizontal location of a proposed building and its elevations. Mr. Donaldson said he was trying to put himself in Ms. Moore’s shoes and provide the limitations so he knows approximately what is doable and that is why he sent a grid to her for her property for the proposed location and took that area and gridded it off for clearance on the ground. Ms. Moore said she filled that form out and sent it back. Mr. Donaldson said the calculations for that were done so the county could take that information with a grain of salt and send it in to the FAA for their determination. Attorney Hull asked for a copy of that information since he has not seen it and then he and Mr. Donaldson could have a conversation and get back to Ms. Moore. Ms. Moore said since she had measurements, she just needed to submit the grid to Mr. Donaldson and he could help her with the numbers. Ms. Moore said in a phone conversation she had to ask Mr. Donaldson why property owners had to give permission for people to be on the land in order for someone to be there. It was said if that needed to be done, it would be for future purposes. Mr. Donaldson said the existing airport layout plan shows the protection zone on that property so it is conceivable this land could be purchased in future so he mobilized the environmental workers to look into the lots in the vicinity in order to make a complete report. Ms. Moore said the only reason to do that is a purchase, correct? Mr. Donaldson said, correct. It was said Commissioners were not in the Courthouse hallway when Mr. Donaldson and Ms. Moore had the conversation about showing how much land she was going to sell and for how much, so Ms. Moore wants everyone to know about conversations going on outside of Commissioners’ Office so everyone understands.

Chairman Dinning said to understand, that according to Mr. Donaldson, the cultural resource representatives were out looking at the airport and for any property that may be something that could be purchased in the future, it would be good to at least have that process complete. Commissioner Pinkerton asked if there was any time Commissioners expressed that they might be interested in purchasing property. Mr. Donaldson said no. Commissioner Pinkerton said it was just a possibility, but right now there has been no discussion to purchase any land. Commissioners would like to see the plan first. Ms. Moore said it is one of those things where the taxpayers are paying the county for their land and they don’t know what they can do on it.

Attorney Hull said to recap, Mr. Donaldson has the grid Ms. Moore provided him, Mr. Donaldson will send that grid to him, and he will take that footprint and submit the form to the FAA. Attorney Hull said the county becomes guarded when talking about estimation and to send him information. Ms. Moore said she understands the county process, but she knows Mr. Donaldson had just measured. Ms. Moore added that she is just trying to move along and do everything she needs to do, but in order to do that she wanted to make sure Mr. Donaldson’s measurements and what he wanted her to do was correct. Ms. Moore said she remembers Commissioners being frustrated. Ms. Moore said with the new master plan discussed in the meeting, she was going to work with Mr. Donaldson, but Commissioners don’t want that. Attorney Hull said this is good as this will clarify what the issue is and Ms. Moore will have a contact person in him. Attorney Hull said the next communication Ms. Moore has will be with him as to what to do next. Ms. Moore said okay and she added that it has been frustrating as she has done everything that was required. Ms. Moore mentioned it was said this process takes years, because it was in year 2014 and it is now year 2016, almost year 2017. Ms. Moore said she realizes things change such as budget, etc., and she is trying to understand, but she cannot keep paying on her land and she cannot do anything with this land so it is just frustrating. Chairman Dinning said Commissioners have been on that side of things and they understand. Chairman Dinning said today Commissioners are saying that Attorney Hull is the contact person to talk to from now on. Commissioners have been through this process and know there has to be one contact. Commissioners were not aware of some of these conversations, according to Chairman Dinning. Attorney Hull said in all fairness to Mr. Donaldson, he did sent him an email requesting to talk to Ms. Moore, but he didn’t know what was happening and did not get back to him. Ms. Fioravanti said she wants to understand the map given to Ms. Moore and she asked what 34 to 1 means. It was said 34 to 1 means for every 34 feet you can go up 1 foot. It was mentioned from 200 feet beyond the end of what is shown as the future threshold of the airport layout plan. Chairman Dinning said today where the existing runway ends, that is reflected as the airport zone. Chairman Dinning said as it sits today, if the county did not extend the runway, would Ms. Moore’s property be impacted? Mr. Donaldson said if there is no extension, no. Chairman Dinning asked if there is even a plan for an extension, does that affect Ms. Moore’s property. Mr. Donaldson said the ordinance does plan for a 1,200 extension so that would affect Ms. Moore’s property. Chairman Dinning said this would be analyzing the existing conditions shown on the diagram in black, which is theoretical. What is legally on the books now is the ordinance and layout plan.

Ms. Moore asked if the rumor she heard about shortening the other end of the runway is going to happen. Chairman Dinning mentioned the county may have to shorten the runway by 700 feet. Mr. Donaldson said part of the alternative is shortening that other end of the runway. Chairman Dinning said that was mandated by the FAA. Ms. Moore said if the runway is shortened, does that make her end a higher liability. Mr. Donaldson said if the runway was shortened, the airport would have to have smaller aircraft.

Ms. Fioravanti referred to the drawing and asked if the small black line over Ms. Moore’s property is the existing overlay. Ms. Fioravanti also asked for clarification and said where there is a dark line over Ms. Moore’s property as shown, can she put up a building there or is that up to the FAA. Mr. Donaldson said according to the county’s ordinance, there are no structures in that area. Ms. Fioravanti asked Mr. Donaldson about the 1.7 acres of Ms. Moore’s land. It was said that at this time, 1.7 acres of Ms. Moore’s land is not usable. Attorney Hull said that is when it comes down to the application to submit to the FAA. Attorney Hull said Ms. Moore is basically asking Commissioners what she can do without having the application. Ms. Moore questioned how she is to list her property for sale and she said when they listed the property they had plans for a shop that was 22 feet tall.

Chairman Dinning said until the FAA tells the county specially, no, you cannot build what you want, Commissioners don’t know what can be done so that is why the county needs to get this done.

Attorney Hull said he has been a real estate agent and a broker so he understands Mr. Donaldson not being able to give definitive answers. As an agent, you will want to disclose the FAA information, but as a board of commissioners, they cannot give a definitive answer. Ms. Fioravanti said to let her know if she is wrong by stating Ms. Moore can sell her property under the current overlay. Attorney Hull said this is the extrapolation she is taking from it, but that is not what is being said. That land is subject to the airport overlay, but a final determination is based on the layout of a proposed building determined by the FAA. If there are prospective buyers, but they don’t want to buy the property without knowing, definitively, what can be done, Ms. Moore can submit information to the FAA and go through the process to determine whether or not that type of building can be built in that location, but to go ahead and say that nothing can be done on 1.7 acres, the county cannot give that. Ms. Fioravanti said she and Ms. Moore would like to submit that information to the FAA, but the FAA wants to know how high from sea level, how close to neighbors, latitude and longitude, etc. These are not easy things to say to a contractor to determine and send that information to the FAA so that is why they are asking Mr. Donaldson, who now needs to get county approval. Attorney Tevis explained how Mr. Donaldson is the not the responsible person for that. Chairman Dinning said the grid and information contained in that grid is enough to allow the FAA to make a determination. Ms. Moore said it would be to take information Mr. Donaldson gave her. Mr. Donaldson said when Ms. Moore submits the form to the FAA, they will conduct the same analysis he has done. Chairman Dinning said at this point Attorney Hull has Mr. Donaldson’s grid so they will talk about how to help Ms. Moore next. Attorney Hull asked for Ms. Moore’s contact information as well as Ms. Fioravanti’s contact information.

Ms. Moore said she knows this paperwork is extensive and that is why she asked for Mr. Donaldson’s help. Attorney Hull said of the 1.7 acres, under the current plan, is it or is it not possible to build some kind of structure from a distance of the runway and height of the structure. Chairman Dinning said when there is a conclusion, we will all know.

Commissioner Kirby asked Ms. Moore if she had sold the house and other property. Ms. Moore said yes and she added the property she has consists of 4.71 acres.

The call to Mr. Donaldson ended at 2:50 p.m.

Ms. Fioravanti and Ms. Moore left the meeting at 2:51 p.m.
Attorney Hull remained for the meeting with Steve Tanner.

2:53 p.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 3:11 p.m. No action was taken.

3:11 p.m., Boundary Economic Development Specialist Dennis Weed joined the meeting.

Mr. Weed presented Commissioners with information on the upcoming shot show in Las Vegas, Nevada, where he would like to promote Boundary County. There will be 1,800 total vendors and the show consists of three days and will be open 12 hours each day. Mr. Weed listed which types of vendors he feels he would benefit talking to. Mr. Weed said he had focused on ammunition, rifles, and knives. There is also a gun holster vendor who initially started out with two employees and now has many. Mr. Weed said his plan is to go through all 200 vendors and get information on them so he is not visiting them without having prior knowledge. Mr. Weed explained that he is looking for smaller operations that may be interested in moving their business to Boundary County. Mr. Weed said he will provide notes on discussions that took place with the vendors.

The meeting with Mr. Weed ended at 3:21 p.m.

Commissioner Pinkerton moved to approve and authorize the Chairman to sign the Idaho Department of Lands Reimbursement Request Form for the Lower Kootenai River Watershed Restoration Project, Grant #14COMP-LKRWR totaling $10,122.90. Commissioner Kirby second. Motion passed unanimously.

3:23 p.m., County resident Steve Tanner joined the meeting.

Mr. Tanner thanked Commissioners for meeting with him. Mr. Tanner presented Commissioners with a flyer from the hospital advertising the supplemental levy and he questioned how the hospital paid for its banners, flyers, and advertising that it used to promote passing the hospital supplemental levy. Mr. Tanner questioned if the flyers and banners were made with public funds. Mr. Tanner commented that he hadn’t make this issue public although he had gathered information and was prepared to do that. Chairman Dinning informed Mr. Tanner that Commissioners have copies of his correspondence on the matter and they would ask County Civil Attorney Tevis Hull to look into the matter and if something was done wrong, it will need to be addressed.

Attorney Hull said he also has the Mr. Tanner’s emails and if Mr. Tanner would like to formulate his questions and forward them to him, it would be fine. Mr. Tanner asked if there is a timeline in which to challenge an election. Attorney Hull said yes, Idaho Code Statute 34-2001 refers to that. Commissioners scheduled a follow-up meeting to further discuss this matter with Mr. Tanner and Attorney Hull.

The meeting with Mr. Tanner ended at 4:01 p.m.

Commissioners continued their discussion on the election sunshine law.

Attorney Hull and Commissioners reviewed the status of other matters. Attorney Hull said he would look into the easement matter as it pertains to the county plowing snow up to a certain point at the Curley Creek Fire Station on Silver Springs Road for the purpose of emergency response.

Attorney Hull said he is still working on editing the agreement with Stimson Lumber for access on their lands for grooming snowmobile trails.

Attorney Hull said he would remove the provision requiring insurance as it pertains to the Walter Merrifield property contract.

Commissioners informed Attorney Hull the Restorium will have a limit of five residents on Medicaid. If the Restorium already has five Medicaid residents, they will not accept any new Medicaid residents until that number decreases to four. Commissioners would like a clause in the contract that Commissioners will allow more Medicaid residents if they had a certain number of vacant rooms.

Attorney Hull briefly mentioned the civil judgement in the criminal case involving the Naples Bridge.

Attorney Hull spoke of drafting a petition for Commissioners concerning dissolving the mosquito abatement district.

Commissioner Pinkerton left the meeting at 4:07 p.m.

There being no further business, the meeting adjourned at 4:18 p.m.

DAN R. DINNING, Chairman


By: Michelle Rohrwasser, Deputy Clerk

Thursday, January 12, 2017 - 09:30
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