Monday, February 27, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.  

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall and Dianna Ellis with the Kootenai Wildlife Refuge joined the meeting. Mr. Gutshall did not provide a written departmental report. Ms. Ellis discussed the Cascade Creek Culvert Replacement Project in which the Kootenai Wildlife Refuge is going to apply for a grant totaling $17,000 and the match is equal to the amount received. Ms. Ellis said use of Road and Bridge heavy equipment, materials, and labor can be used as in-kind match for the county’s obligation. Ms. Ellis said each project proposal will be put forth to Wildlife Refuge’s regional office along with a letter of commitment for partnership. Ms. Ellis said she had short notice of this grant and the deadline is this Wednesday. A resolution will be included in the paperwork once the totals are determined. Ms. Ellis said she thinks a resolution will suffice as a letter of commitment.

Commissioner Dinning moved to adopt Resolution #2012-10. A resolution supporting the project proposal for the Cascade Creek Culvert Replacement Project with a one-to-one match and once project totals have been determined. Commissioner Kirby second. Motion passed unanimously.

The meeting with Mr. Gutshall and Ms. Ellis ended at 9:15 a.m.

Chairman Smith explained that Commissioners’ minutes from the final Airport Overlay Ordinance District public hearing mentioned certain property owners and how many of those property owners’ properties would be affected. It should be clarified for the record that LaVerne and Eunice Dinning had one property that would be affected and Mary Speed had two properties that would be affected, rather than the other way around.

Commissioner Dinning moved to state for the record that there are two affected properties in the last name of Speed and one affected property owned by the last name of Dinning and not the other way around, as it pertains to establishing an Airport Overlay District, and that this change does not affect the outcome of the Airport Overlay District. Commissioner Kirby second. Motion passed unanimously.

9:30 a.m., Commissioners held a public hearing to address the proposed ordinance regarding use of any internal combustion engines on public lakes. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Blue Sky Broadcasting Reporter Mike Brown, and Kootenai Valley Sportsman’s Association Members: Bob Hobbs, James Kopp, and Jon Meadows. The public hearing was recorded.

Chairman Smith briefly reviewed the public hearing procedures and read aloud the text of the proposed ordinance.

Chairman Smith opened the hearing to public comment. Mr. Kopp questioned verbiage pertaining to other devices powered by an internal combustion engine and asked if that meant someone couldn’t take a snowmobile or a four wheel ATV on the ice. Mr. Meadows said verbiage is to not put anything into the water. Commissioners said the current proposed ordinance states “upon” so it would have to be amended to include an exemption. Commissioner Dinning said he sees two things this covers. A snowmobile-type machine and augers are made that can run on top of ice so the ordinance needs to figure out a statement that addresses the ice issue and list item by item. Commissioner Kirby suggested using the term “gasoline powered machines”. Chairman Smith said Commissioners need to be sure about verbiage and he mentioned gas powered augers. Mr. Hobbs explained that the auger itself is the only part that touches the water and the motor can in no way contaminate the water or involve invasive species.

Commissioners contacted Attorney Phil Robinson via telephone to further clarify the matter of other gas powered machines and updated him on machinery used on the ice. Attorney Robinson said he could amend the proposed ordinance to address this issue. The call with Attorney Robinson ended and those present discussed all possible types of damage that boats with combustible engines could cause. Mr. Hobbs spoke of lakes in other areas that sustain shore damage due to wakes.

Commissioner Dinning moved to temporarily recess the proposed Boat Ordinance hearing until information is received from the County attorney. Commissioner Kirby second. Motion passed unanimously.

10:00 a.m., Commissioner Dinning moved to reconvene the hearing to consider the revised proposed Boat Ordinance. Commissioner Kirby second. Motion passed unanimously.  

Chairman Smith reviewed the verbiage in the revised proposed ordinance addressing exempting use when a lake is iced over.

No further public comment was made.

Commissioner Kirby moved to adopt Ordinance #2012-3. An ordinance of Boundary County prohibiting the use of any internal combustion engines on public lakes. Commissioner Dinning second. Motion passed unanimously. Ordinance #2012-3 reads as follows:

ORDINANCE NO. 2012 -- 3

AN ORDINANCE OF BOUNDARY COUNTY, IDAHO PROHIBITING THE USE OF ANY INTERNAL COMBUSTION ENGINES ON PUBLIC LAKES; EXEMPTING McARTHUR LAKE; EXCEPTING OTHER PUBLIC WATERS UNDER EXCLUSIVE OR SUPERIOR JURISDICTION OF FEDERAL OR STATE AGENCIES; EXEMPTING FISH AND GAME DEPARTMENT ACTIVITIES; EXEMPTING LAW ENFORCEMENT AND EMERGENCY SITUATIONS AND RESPONSES; EXEMPTING USE WHEN ICE-COVERED; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO, as follows:

1.       It shall be unlawful to operate any watercraft, boat, personal watercraft, or other device powered by an internal combustion engine upon any public lake in Boundary County, Idaho.

2.       Exempted from this prohibition is McArthur Lake or any other body of public waters if this prohibition violates or exceeds the specific pre-empted laws of the State of Idaho or any state or federal agency having exclusive or superior jurisdiction over such public waters.

3.      Exempted from this prohibition are the official activities undertaken by or authorized specifically by the Idaho Department of Fish and Game.

4.      Exempted from this prohibition are the official business, duties, and activities undertaken by or authorized by the United States Corps of Engineers.

5.      Exempted from this prohibition are the official business, duties, and activities of any State of Idaho department or agency having responsibility or jurisdiction over such waters.

6.      Exempted from this prohibition are the official business, duties, and activities of any law enforcement agency of the federal, state, or county while performing such law enforcement duty.

7.      Exempted from this prohibition are actions and activities undertaken during an emergency situation to protect the life, well-being, or safety of persons and property during the existence and duration of such emergency.

8.      Exempted from this prohibition are uses of the lake surfaces when the lake is ice-covered and is by vehicles, devices, and equipment to access and utilize the lake when in that condition.

9.      Violation of this Ordinance shall constitute a misdemeanor offense which shall be punishable by imprisonment in the county jail for a period not exceeding six (6) months, and a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment.

               This Ordinance shall become effective upon its publication pursuant to Idaho Code Section 31-715.

               APPROVED AND ADOPTED this 27th day of February, 2012.

                                                                                          BOARD OF BOUNDARY COUNTY

                                                                                          COMMISSIONERS

                                                                                          s/_____________________________

                                                                                          RONALD R. SMITH

                                                                                          s/_____________________________

                                                                                          DAN DINNING

                                                                                          s/_____________________________

                                                                                          WALT KIRBY

ATTEST:

s/___________________________________

Clerk of the Board of County Commissioners

Boundary County

Recorded as instrument #253334

Chairman Smith said the effective date of the Ordinance is upon its publication in the local newspaper.

The public hearing on the Ordinance #2012-3 ended at 10:05 a.m.

Commissioners tended to administrative duties until the asphalt petroleum bid opening at 11:30 a.m.    

11:30 a.m., Commissioners held a bid opening for preventative maintenance, asphalt petroleum products for year 2012. Present were: Matt Blake representing Idaho Asphalt and Stephen VanDeBogert representing GM/Western States Asphalt. The first sealed bid opened was from GM/Western States Asphalt Inc., for a total of $349,200. The second sealed bid opened was from Idaho Asphalt for a total of $366,600. Chairman Smith said both bids contained a 5% bid bond.  

Commissioner Kirby moved to postpone the bid decision until tomorrow to allow time for the Road and Bridge Superintendent to make a recommendation. Commissioner Dinning second. Motion passed unanimously.

The bid opening for the year 2012 preventative maintenance, asphalt petroleum products ended at 11:40 a.m.

Commissioners tended to administrative duties. Commissioner Dinning left the meeting to tend to other matters.

11:45 a.m., Commissioners held a meeting to consider a 2012 County Alcoholic Beverage License Application filed by Sarah Philbrook/Toboggan Hill, LLC., doing business as Coffee Creek Cabin located at 6438 Main Street in Bonners Ferry, Idaho, to serve bottled or canned beer not to be consumed on premises. Present were: Chairman Smith, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser. The meeting was recorded.

The completed application and applicable fees have been received. A copy of the 2012 State of Idaho Retail Alcohol Beverage License has been received, but Boundary County has yet to receive the 2012 City of Bonners Ferry Retail Alcoholic Beverage License. A Panhandle Health District Permit is not required.

Commissioner Kirby moved to approve the 2012 County Alcoholic Beverage License for Sarah Philbrook/Toboggan Hill, LLC., dba Coffee Creek Cabin to sell canned and bottled beer off premises only pending receipt of the 2012 City of Bonners Ferry Retail Alcoholic Beverage License. Chairman Smith yielded the chair to second. Motion passed unanimously. 

The meeting to consider the beverage license application for Coffee Creek Cabin ended at 11:50 a.m.

Commissioners recessed for lunch at noon.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Smith, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser. Commissioner Dan Dinning was out of the office for the afternoon.

1:30 p.m., Boundary Community Hospital CEO/CFO Craig Johnson, Boundary Community Hospital Board of Trustees Chairman Elden Koon, and Deputy Clerk Nancy Ryals joined the meeting to discuss a matter involving Medstar and other out of state providers.

Chairman Smith informed those present that the State of Idaho no longer has a reciprocal agreement for medical care with the State of Washington. The reciprocal agreement between Idaho and Washington was repealed in July 2010. This means the Catastrophic Health Care Program (CAT) will not participate in payment of medical bills incurred in the State of Washington or medical bills incurred in Idaho where medical services were provided by a Washington medical provider. The CAT Board has been trying to get the Washington medical providers to provide the proper paperwork showing an Idaho place of business so the CAT Fund can participate in payment and some have done that. The CAT Board has put the county on notice that county payment to non-compliant medical providers will not count towards the county’s $11,000 payment obligation.

Northwest MedStar does not have paperwork on file showing they have a place of business in Idaho so the CAT Fund will not pay Northwest MedStar for medical services provided. Life Flight is supposed to have a base in Sandpoint in March. Life Flight would be approved for payment through the CAT Fund. Hospital CEO/CFO Craig Johnson commented that the hospital’s physicians will determine which air ambulance service they will use to transport patients. If Life Flight is out on another call, the hospital would have no choice but to call in Northwest MedStar to transport. Chairman Smith commented that Commissioners have already agreed that the county has no choice but to pay for MedStar transports for residents who have been determined to be medically indigent.

Deputy Clerk Ryals informed those present that Incyte Pathology is also a Washington medical provider who has not submitted the proper paperwork to be compliant with CAT Board requirements.

Clerk Glenda Poston joined the meeting at 1:40 p.m.

Mr. Johnson commented that he knows someone at Northwest MedStar and someone at Incyte Pathology and he will contact them to let them know the importance of submitting the proper documentation. Mr. Johnson said it is probably a matter of no one going through the right channels or talking to the right person.

Mr. Johnson said Life Flight is a full service provider with a good reputation and they utilize nurses and paramedics, not respiratory therapists. Mr. Johnson explained that Life Flight is a non profit organization, owned by a number of hospitals. Mr. Johnson said he hasn’t heard of any discussions of ground transportation, but Life Flight will have fixed wing and helicopter. Life Flight’s next back up is in Lewiston so if the one aircraft is already out on a call, Life Flight will have to back fill from Lewiston. The Hospital cannot wait that long and they will have to contact Medstar, according to Mr. Johnson.

Chairman Smith spoke of the ability to utilize paramedics. Mr. Johnson said the requirements for advance transport the Hospital is looking for is that personnel have to be on board at the scene. Mr. Johnson said Life Flight is a nice addition and it is a stable company. This can provide for good options for the community, but it still doesn’t fix some of the weather conditions from December through March when there is a lot of inclement weather and medical aircraft aren’t allowed to fly. Commissioner Kirby questioned how many paramedics would it take for the Hospital to staff the ambulance and make the system work. Mr. Johnson said probably three paramedics for 24 hours per day, seven days per week 365 days per year coverage.

Mr. Johnson said there has also been talk about coordinating with Bonner County to save on the cost of paramedics. Mr. Johnson said if Boundary Community Hospital has a need for advanced transport, they will call to see if Bonner County has personnel available followed by calling Kootenai and Spokane. Mr. Johnson explained the process of medical transports. The skill set for paramedics is more than basic emergency medical technicians (EMT’s) and in reality, things need to be done in transit and EMT’s don’t have the ability to do some of those things.

Mr. Koon left the meeting.

Mr. Johnson said Medstar has got to get on board in order to be recognized by the CAT Board.

Deputy Clerk Nancy left the meeting at 1:50 p.m.

Mr. Johnson provided Commissioners with an update on Hospital matters. The Hospital staff held a strategic planning session in February to work on goals. Mr. Johnson said the Hospital is slightly in the black, but will have issues with Medicare.

Mr. Johnson said many people are aware of the Medstar Program for $59 per year, but there is also a county program for Medstar services offered at a discounted price. County employees can be offered this service at a reduced rate. This agreement is also reciprocal with Life Flight, according to Mr. Johnson. It was said at a cost of $59, this membership with Medstar is the cheapest thing you could ever do rather than have a $12,000 to $15,000 helicopter transport bill.

Mr. Johnson left the meeting at 2:00 p.m.

2:10 p.m., Commissioners discussed the proposed fireworks display request. Commissioners postponed their decision until tomorrow at 9:00 a.m.

Commissioners received a request for a support letter from a citizen who would like to start a business in the home health care field.

Commissioner Kirby moved to write a letter of support for Ginger Perrenoud for her Bonners Ferry Home Health Care Business. Chairman Smith yielded the chair to second. Motion passed unanimously.   

Commissioners reviewed the information on the easement deed for the city’s Deep Creek Waterline Project.

Commissioner Kirby moved to sign the Easement Deed with the City of Bonners Ferry for the Deep Creek Waterline Replacement Project. Chairman Smith yielded the chair to second. Motion passed unanimously. 

Commissioner Kirby moved to readdress the proposed Dog Lease upon receiving an opinion from Idaho Counties Risk Management Program. Chairman Smith yielded the chair to second. Motion passed unanimously.  

Commissioner Kirby moved to adopt Resolution #2012-11. A resolution declaring eight out of 49 recycle bins surplus and donating them to Benewah County. Chairman Smith yielded the chair to second. Motion passed unanimously. Resolution #2012-11 reads as follows:

RESOLUTION 2012-11

(SURPLUS COUNTY EQUIPMENT)

               WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO, CONVENED IN A REGULARLY SCHEDULED SESSION AT THEIR OFFICE IN THE COURTHOUSE AT BONNERS FERRY, IDAHO, AND FIND AND DECLARE THAT EIGHT (8) OUT OF 49 RECYCLE BINS (APPROX. 1.5 YARDS EACH) PREVIOUSLY USED BY THE COUNTY SOLID WASTE DEPARTMENT (INVENTORY TAG #0001754-000, CLASS #162, LOCATION #400001), ARE SURPLUS, AND NO LONGER NEEDED FOR COUNTY USE.

               WHEREAS, PURSUANT TO IDAHO CODE SECTION 31-808(9), THE BOARD OF COUNTY COMMISSIONERS FIND THAT IT IS IN THE PUBLIC’S BEST INTEREST TO GRANT THE AFOREMENTIONED RECYCLE BINS TO BENEWAH COUNTY, A TAXING DISTRICT WITHIN THE STATE OF IDAHO.

               NOW, THEREFORE, BE IT RESOLVED PURSUANT TO IDAHO CODE SECTION 31-808(9), THAT THE COUNTY HEREBY GRANTS TO BENEWAH COUNTY, A TAXING DISTRICT WITHIN THE STATE OF IDAHO, THE EIGHT (8), APPROXIMATELY 1.5 YARD RECYCLE BINS AFOREMENTIONED.

               DONE IN OPEN SESSION ON THE 27th DAY OF FEBRUARY, 2012.

                                                                                          BOARD OF BOUNDARY COUNTY

                                                                        COMMISSIONERS

                                                                                          s/________________________________                              

                                                                                          RONALD R. SMITH, Chairman

                                                                                          s/________________________________

                                                                                          DAN R. DINNING, Commissioner

                                                                                          s/________________________________

                                                                                          WALT KIRBY, Commissioner

ATTEST:

GLENDA POSTON, Clerk of the

Board of County Commissioners

By:/s/_______________________________  

Michelle Rohrwasser, Deputy

Recorded as instrument #253304

Clerk Poston presented a resolution regarding polling sites to Commissioners.

Commissioner Kirby moved to adopt Resolution #2012-6A. A resolution amending Resolution #2012-6 establishing polling sites in Boundary County. Chairman Smith yielded the chair to second. Motion passed unanimously.

RESOLUTION 2012-6A

A RESOLUTION AMENDING RESOLUTION 2012-6

 ESTABLISHING POLLING SITES IN BOUNDARY COUNTY

            WHEREAS, Resolution 2012-6 was adopted on January 9, 2012, and

            WHEREAS, Resolution 2012-6 contained clerical errors in that the County-Wide Absentee Voting Precinct was left out of the list of established polling sites and the Moyie Springs Precinct location was incorrect,

            WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, established the County-Wide Absentee Voting Precinct by adopting Resolution 2011-11 on December 6, 2010, and

WHEREAS, currently the polling sites are the Bonners Ferry Precinct, Copeland Precinct, Kootenai Precinct, Moyie Springs Precinct, Naples Precinct, North Bonners Ferry Precinct and the Valley View Precinct, and the County-Wide Absentee Voting Precinct, and

            WHEREAS, the Board of County Commissioners find it in the best interest of the general public to combine the Bonners Ferry Precinct and the Kootenai Precinct due to the number of voters in each of those precincts in order to save on time, personnel and funding, and 

            NOW THEREFORE, upon motion duly made, seconded, and unanimously carried,

IT IS HEREBY RESOLVED that Resolution 2012-6 is hereby amended and that the Board of County Commissioners, County of Boundary, State of Idaho establishes the polling sites for elections to be held in Boundary County as follows:

PRECINCT                                                       LOCATION

B.F./Kootenai Precinct                                       Exhibit Hall, Boundary County     Fairgrounds

Copeland Precinct                                             Mt. Hall School

Moyie Springs Precinct                                      Moyie Springs City Hall

Naples Precinct                                                 South Boundary Fire Hall

North Bonners Ferry Precinct                             Exhibit Hall, Boundary County Fairgrounds

Valley View Precinct                                          Valley View School

County-Wide Absentee Voting Precinct               Boundary County Courthouse

DATED this 27^th day of February, 2012 

                                                                                    COUNTY OF BOUNDARY

                                                                                    BOARD OF COMMISSIONERS

                                                                                    s/__________________________             

                                                                                    RONALD R. SMITH, Chairman

                                                                                    s/__________________________          

                                                                                    DAN R. DINNING, Commissioner

                                                                                    s/__________________________                          

                                                                                    WALT KIRBY, Commissioner

ATTEST:

s/_____________________________________________________

GLENDA POSTON, Clerk of the Board of County Commissioners

Recorded as instrument #253282

Clerk Poston left the meeting at 2:29 p.m.

2:30 p.m., Treasurer Jenny Fessler and property owner Joseph Duginske joined the meeting to discuss Mr. Duginske’s delinquent property taxes for parcel #RP60N01W288401A. Chairman Smith said tax cancellations have been given to Mr. Duginske multiple times. Treasurer Fessler said Mr. Duginske’s property is to be tax deeded by the county on March 13, 2012 and Mr. Duginske called to see what could be done. Mr. Duginske said a proposal through someone he knows at this church suggested that he consider filing bankruptcy so that is what he would like to pursue. Treasurer Fessler informed Mr. Duginske his property taxes still have to be paid if he files bankruptcy. It was explained that a property in bankruptcy cannot be tax deeded, but the taxes still have to be paid. Mr. Duginske said he can’t pay as he doesn’t have any income so bankruptcy is what was suggested to him. Mr. Duginske said he assumed the taxes would go away, but Treasurer Fessler said bankruptcy just stops the property from being tax deeded. Mr. Duginske said part of the dilemma is that he doesn’t have any property exemptions and that he cannot get the exemptions until he gets current. Mr. Duginske said he has six acres, but he can’t get a timber exemption because he is behind on his taxes.

Assessor Dave Ryals joined at 2:40 p.m.

Chairman Smith explained Mr. Duginske’s situation to Assessor Ryals. Treasurer Fessler said she believes the county has encouraged Mr. Duginske to apply for these exemptions before. Mr. Duginske said he would pursue exemptions, but he does not know how. Chairman Smith said in talking about a timber exemption or circuit breaker, it is taking in from this day forward, but it doesn’t help the past taxes.

Treasurer Fessler and Mr. Duginske reviewed the breakdown of taxes and fees owed. Mr. Duginske has a delinquent Cabinet Mountain Water fees, but he does not have water service and he has met with the Cabinet Mountain Water Board to inform them of his situation. Mr. Duginske said he is viewed as unemployable and he is working to apply for social security insurance. Mr. Duginske said he was told by someone he knows that he needs someone to help him take care of these issues. Chairman Smith said whenever Commissioners address late taxes, they cannot cancel delinquent water fees. Mr. Duginske said that is why the balance owing has snowballed so much. Commissioner Kirby said if he’s not mistaken the property was purchased with the water right, but there was never a meter and water was never used. Mr. Duginske said he has never had the water hooked up and he believes the service is $40 per month. Mr. Duginske said he informed the Cabinet Mountain Water Board that he doesn’t use the water and they did terminate his service, but he is still getting charged. Chairman Smith said he sees no remedy other than Mr. Duginske selling his property, but then where would that leave him. Chairman Smith discussed canceling taxes for year 2008, with the exception of the water fee, which has to be returned to Cabinet Mountain Water for collection and the Idaho Department of Lands, which also cannot be cancelled. Chairman Smith said Mr. Duginske needs to understand that if he’s sitting here again next year for the same reason, the County won’t be able to do anything more. Chairman Smith said if it’s March 13, 2013 and Mr. Duginske’s property has to be tax deeded, all that the county can do then is tax deed the property. The only remedy is to sell it, but then where does that leave Mr. Duginske. Mr. Duginske said the person who will be his guardian will apply for social security insurance for him. Commissioner Kirby questioned if Cabinet Mountain Water Association isn’t paid, can they lien the property for the amount owed to them.   

Clerk Glenda Poston joined the meeting at 2:50 p.m.

It was said there is no sellable timber on the property. Chairman Smith suggested Mr. Duginske apply for a timber exemption and a circuit breaker. Assessor Ryals explained the benefits of the circuit breaker. The government/state will pay property taxes for someone based on their ability to pay. Assessor Ryals said this program is not a loan. The State will pay the taxes for a property owner and reimburse the county. This program would not assist Mr. Duginske’s with his taxes for years 2008 through 2012.

Commissioner Kirby said for clarification the county will cancel translator fees and solid waste fees. Fees associated with Mr. Duginske’s water service will be returned to Cabinet Mountain Water for collection, which leaves $36.24 to be collected for the Idaho Department of Lands as those fees cannot be cancelled. These details would take care of year 2008.

Commissioner Kirby moved to cancel translator fees of $10.00, solid waste fees of $167.76, and taxes for year 2008 for parcel #RP60N01W288401A. Fees of $36.24 owing to the Idaho Department of Lands are still due as they cannot be cancelled and delinquent water fees will be returned to Cabinet Mountain Water for collection. This is taking place with the understanding the taxes for this parcel cannot be cancelled any longer. Chairman Smith yielded the chair to second. Motion passed unanimously.

The meeting ended and Mr. Duginske left the meeting at 2:55 p.m.

3:00 p.m., Commissioners spoke to Cabinet Mountain Water Association System Operator Mike Klaus via telephone about Joseph Duginske’s delinquent water fees.  The conversation ended at 3:05 p.m.

Commissioner Kirby moved to cancel year 2011 taxes totaling $84.08 and penalty totaling $0.84 for parcel #PPB0000022709BA as there was no business in tax year 2011. Chairman Smith yielded the chair to second. Motion passed unanimously. 

Commissioner Kirby moved to cancel year 2011 taxes totaling $21.18 and penalty totaling $0.21 for parcel #PPB02400030020A as there was no business in tax year 2011. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to cancel year 2011 taxes totaling $1,087.66 and late fees totaling $10.88 for parcel #SR60N01W103000A as the value was adjusted once an inspection was allowed. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to adopt Resolution #2012-12. A resolution increasing Fiscal Year 2011-2012 Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Chairman Smith yielded the chair to second. Motion passed unanimously.

Resolution 2012-12

Increasing Fiscal Year 2011-2012 Justice Fund Sheriff Budget

Due to Receipt of Unanticipated Revenue

               WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Justice Fund Sheriff Budget for fiscal year 2011-2012; and

               WHEREAS, $500.00 has been received as a donation from Bruce and Karen Martins to pay veterinary fees for a posse dog that was injured during training; and

               WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to increase the Fiscal Year 2011-2012 Justice Fund Sheriff Budget for that purpose; and

               WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and

               WHEREAS, it is appropriate to increase the fiscal year 2011-2012 Justice Fund Sheriff Budget revenue account number 0008-00-0391-0018 and expense account number 08-02-559-00, Other Miscellaneous Expenses, in the amount of $500.00; and

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

               IT IS RESOLVED that the increase to the fiscal year 2011-2012 Justice Fund Sheriff Budget revenue account number 0008-00-0391-0018 and expense account number 08-02-559-00, Other Miscellaneous Expenses, in the amount of $500.00 is hereby authorized and ordered; and

               IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

DATED this 27th day of February, 2012

                                                                           COUNTY OF BOUNDARY            

                                                            BOARD OF COUNTY COMMISSIONERS

                                                                           s/________________________________

                                                                           RONALD R. SMITH, Chairman

                                                                           s/________________________________

                                                                                          DAN R. DINNING, Commissioner

                                                                                          s/________________________________

                                                                                          WALT KIRBY, Commissioner

ATTEST:

s/____________________________________________________

GLENDA POSTON, Clerk of the Board of County Commissioners

Recorded as instrument #253289

Clerk Poston left the meeting.

3:25 a.m., Mike Klaus, Water System Operator for Cabinet Mountain Water District joined the meeting at Commissioners’ request to discuss Joseph Duginske’s delinquent water association fees. Assessor Dave Ryals and Treasurer Jenny Fessler also joined the meeting.

Commissioners informed Mr. Klaus of the delinquent Cabinet Mountain Water District fee involving Mr. Duginske. Mr. Klaus said he doesn’t get to make these decisions. Mr. Klaus said the meter was pulled, but Cabinet Mountain Water District did not put a lien against the property. Mr. Klaus and Commissioners spoke of Mr. Duginske having a water right, but that he did not put in a water line to his house so he is not using the water. The fact of the District policy is that from the time the meter is put in, a member is charged a certain amount per month until the account is closed. Mr. Klaus said Mr. Duginske had never paid the monthly amount consistently and he doesn’t think the District will ever receive payment from Mr. Duginske. Mr. Klaus said he could encourage the District’s Board to forgive Mr. Duginske’s delinquent fees at the next meeting. Mr. Klaus explained that the property had a water hook-up that could not be bought back by the District. Mr. Klaus said there are other people in almost the same boat as Mr. Duginske that will attend the meeting and see what may be allowed for Mr. Duginske. It was said again that the only lien would be the county taxes owed.

The meeting with Mr. Klaus, Treasurer Fessler and Assessor Ryals ended at 3:35 p.m.

4:14 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

Tuesday, February 28, 2012, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning and Deputy Clerk Michelle Rohrwasser. Commissioner Walt Kirby was out of the office for the day.       

9:00 a.m., Members of the Historical Society to include: Kathy Konek, Dottie Gray, Collette Allen, John Standal, and Sue Kemmis met with Commissioners to discuss the Historical Society’s budget issues. A budget for the Historical Society was presented to Commissioners and Ms. Konek said this information is being presented to show what the Historical Society is working on and to discuss additional funding in the future. If the Historical Society doesn’t receive grants or receive support from the public, they won’t be able to continue for more than three more years. It was said the Historical Society is constantly applying for grants, but they are not a given. Chairman Smith the County has an agency that will write grants.

Chairman Smith said the budget information is good information to review, but Commissioners can’t officially accept it as the Historical Society’s budget request. The time for budget requests is in May, according to Clerk Poston. Ms. Konek said the funding given by the County covers payroll. It was said the museum’s utilities have been increasing and there are no grant sources for the operating expenses. Last year the Historical Society provided a dinner that was very successful in raising funds. It was said the Historical Society also provides a history walk every year, but people can only do that so many times. Mr. Standal said the Historical Society is working on weatherization problems such as improving windows and doors. There is a flex account that helps keep the Historical Society current on bills, but that was not the purpose of that account. A fund is set up and $400,000 was available to purchase and preserve a building. The current location was purchased for $260,000 and that includes the two rooms and those funds have also been used for improvements.

Ms. Gray said the Historical Society has requested funds from the Kootenai Tribe of Idaho for busing kids and they have also contributed $200 towards busing for the Smithsonian in addition to other donations. May 12, 2012 is the opening day of the Smithsonian event and Commissioners will be invited. Chairman Smith said he appreciates getting the proposed budget and Commissioners will take a hard look at this when it is time to review budgets for the next year. Chairman Smith said Idaho Code states the levy can only increase by 3% and Commissioners encourage county departments to only request funds for what is needed. Mr. Standal said he understands this day and age that money is very difficult. Commissioner Dinning said for a community this size, the museum is a wonderful thing and of other counties of similar size that he has visited, Boundary County’s museum shines. Ms. Gray mentioned the volunteers the Historical Society has utilized. Chairman Smith encouraged members of the Historical Society to be very specific when submitting their budget requests.

Historical Society Board Member Mike Sloan joined the meeting at 9:20 a.m.

Commissioner Dinning asked what portion of the utility bill is the City of Bonners Ferry/Avista. There are three water accounts and three sewer accounts, according to Ms. Konek. Ms. Kemmis said the City of Bonners Ferry may not change the billing as their space consists of two different buildings. Commissioner Dinning suggested the Historical Society approach the City about a reduction.

Commissioner Dinning presented information on the Get Territorial/Idaho at 150 Years Old event that takes place in year 2013.

The meeting with the Historical Society ended at 9:30 a.m.   

9:30 a.m., District Forest Ranger Linda McFaddan joined the meeting. Jay Huggins and Boundary Economic Development Specialist Mike Sloan also joined the meeting.

Chairman Smith said for clarity that the Forest Service is mandated to enforce what the U.S. Fish and Wildlife Service approves. Chairman Smith said he is hearing the word management used a lot, but the Forest Service is mandated to manage the land the way it has been set up for critical habitat. The criticism is going toward the Forest Service and not the U.S. Fish and Wildlife Service who has set this up and has mandated it. Ms. McFaddan said the Forest Service doesn’t want to go there yet as they don’t want to speculate what will happen with the critical habitat, but the Forest Service hopes to have input.      

Chairman Smith said his understanding is the reason the U.S. Fish and Wildlife Service is looking into critical habitat is because of a law suit, because sometime in the past the caribou was endangered, but habitat had not been established. Chairman Smith mentioned it wasn’t said that habitat had to consist of 365,000 acres, but that is what U.S. Fish and Wildlife Service has decided to look at. Chairman Smith asked if all grizzly bear habitat is in this area and Ms. McFaddan said most of it is, but not all. Chairman Smith said he asked Brian Kelly of the U.S. Fish and Wildlife Service if there was concern the grizzly bear was going to be de-listed and the U.S. Fish and Wildlife Service would lose that habitat. Mr. Kelly had heard about de-listing in the Rockies and Yellowstone areas, according to Chairman Smith. Ms. McFaddan said the grizzly bear was de-listed in the Yellowstone ecosystem and there is a lawsuit about that.

Commissioner Dinning said the Forest Service is putting together a five year plan and the Forest Supervisor requested two members from each collaborative to help and that is a breath of fresh air as they had not been included in the past. Ms. McFaddan said it has been three year plans and it should be a five year plan so this is a good step forward.

The meeting with Ms. McFaddan ended at 9:45 a.m.

Road and Bridge Office Manager Renee Nelson joined the meeting. Ms. Nelson provided Commissioners with the completed resolution for the Cascade Creek Culvert Replacement Project. Chairman Smith said Commissioners made a motion to adopt this resolution once the figures had been inserted. Resolution #2012-10 reads as follows:

BOUNDARY COUNTY

RESOLUTION #2012-10

SUPPORTING THE PROJECT PROPOSAL FOR THE

CASCADE CREEK CULVERT REPLACEMENT PROJECT

               WHEREAS, the Board of County Commissioners of Boundary County, Idaho does support the proposed partnership project for the Cascade Creek Culvert Replacement Project with the Kootenai National Wildlife Refuge being submitted as a Region 1 2012 Challenge Cost Share Project, and

               WHEREAS, the total project cost estimate is $39,047.60, which will require $22,047.60 of local matching costs (i.e. force account labor, equipment and miscellaneous materials) to be made available from Boundary County,

               NOW THEREFORE BE IT RESOLVED that the Chairman of the Board of Boundary County Commissioners is hereby authorized and directed to sign the project support resolution and submit it to Kootenai National Wildlife Refuge for inclusion with the 2012 Challenge Cost Share partnership project application.

Adopted this 28^th day of February, 2012.

BOUNDARY COUNTY

BOARD OF COMMISSIONERS

s/_____________________________

RONALD R. SMITH

s/_____________________________

DAN DINNING

s/_____________________________

WALT KIRBY

ATTEST:

s/_____________________________________

GLENDA POSTON, Clerk

By:  Michelle Rohrwasser, Deputy

Recorded as instrument #253252

9:45 a.m., Ms. Nelson said Road and Bridge was looking at projects with one being near Myrtle Creek to replace a bridge. At the time the thought was it would be easier to do the project near Meadow Creek, but now it appears Road and Bridge can do the Myrtle Creek project.

Ms. Nelson presented Commissioners with the Wetland Creek Agreement for the Deep Creek Bridge #4; 08772 Project. Road and Bridge has to purchase wetland credits for this project for a total of $2,156.  Ns. Nelson reminded Commissioners that the motion to sign documents had already been made and this is just a continuance of that project.

Ms. Nelson left the meeting at 9:50 a.m.

9:50 a.m., Jay Huggins and Boundary Economic Development Specialist Mike Sloan discussed starting a business called Moon Shadow Industrial Park. Mr. Huggins spoke of his business venture and informed Commissioners he would like to apply for Foreign Trade Subzone status. Chairman Smith briefly informed Mr. Huggins and Mr. Sloan of the process and provided them with contact information at the Foreign Trade Zone Board.

The meeting with Mr. Sloan and Mr. Huggins ended at 10:00 am.

Clerk Poston left the meeting.

Commissioners tended to administrative duties.

11:30 a.m., Commander of Boundary Search and Dive Rescue Marcus Girod, Clerk Glenda Poston, and Deputy Clerk Chris Wolfe joined the meeting to discuss the status of Search and Dive Rescue’s inventory. Chairman Smith said since the last meeting he has spoken with Waterways Board Member Mike Naumann about having room at the Waterways Building for storing Search and Dive Rescue equipment. Mr. Naumann said he thought all Search and Dive Rescue equipment was located in the Waterways Building, according to Chairman Smith. Mr. Girod said there is still a pull behind sled that would be nice to have stored. Equipment has been squeezed in that building, according to Mr. Girod. Chairman Smith said he will go to bat to have the equipment stored in the Waterways Building. Mr. Girod said he and Mr. Weland completed the inventory of equipment and Mr. Weland has the list.

Chairman Smith questioned why there would be equipment not on the inventory list and Mr. Girod gave an example of there being 10 different extremely old frame packs that aren’t used. Chairman Smith explained the process of declaring old equipment surplus and selling the item at the county’s public auction. Deputy Clerk Wolfe informed Mr. Girod that those types of items need to be brought down and given to Courthouse Maintenance Jerry Kothe. Mr. Girod said the Chevy Suburban that was purchased with Search and Dive Rescue funds had been sold a couple of years ago. The Suburban was sold and funds went back into the Search and Dive Rescue account, according to Mr. Girod. Mr. Girod said former Search and Dive Rescue Commander Edith Stolley was under the impression all equipment was to be on the inventory list, but at the last meeting he understood that only county owned equipment was to be listed. Chairman Smith said for insurance purposes all county owned equipment has to be included on the inventory list. For the county to utilize Search and Dive Rescue’s equipment there has to be a memorandum of understanding (MOU) listing that equipment’s use for insurance purposes. Deputy Clerk Wolfe said currently there are no MOU’s. Chairman Smith explained that any Search and Dive Rescue equipment used in a search needs to be included in an MOU in order to be covered by insurance. For county items to be surplused, a form needs to be completed with an explanation stating they are surplus.

Mr. Girod asked Commissioners if there are certain insurance requirements needed if Search and Dive Rescue holds fundraisers and he gave examples of fundraising events that have been held in Libby, Montana. Commissioner Dinning said the county can cover the event for liability purposes, but there isn’t coverage through the county for individuals. Mr. Girod said Search and Dive Rescue is thinking about holding a fundraiser, but he wasn’t sure about insurance. Chairman Smith suggested Search and Dive Rescue meet with Commissioners and Darrell Kerby, Agent for Idaho Counties Risk Management Program (ICRMP) Insurance, close to the time they are thinking about putting together a race or other type of event. Commissioner Dinning said Search and Dive Rescue will need to obtain a Forest Service permit for the race. Mr. Girod said there are a bunch of items in the attic of the Search and Dive Rescue building and Commissioner Dinning suggested Mr. Girod talk to Bob Graham and Dave Kramer with Emergency Services as some of the items are for emergencies.

Mr. Girod left the meeting at 11:45 a.m.

Commissioners recessed for lunch at 11:45 a.m.

3:00 p.m., Commissioners reconvened for the afternoon session with Chairman Ron Smith, Commissioner Dan Dinning, and Deputy Clerk Michelle Rohrwasser.

Commissioner Dinning moved to approve the minutes of February 13 & 14, 2012 and February 20 & 21, 2012. Chairman Smith yielded the chair to second. Motion passed unanimously.

3:00 p.m., Commissioners, Clerk Glenda Poston, Assessor Dave Ryals, and Treasurer Jenny Fessler participated in the District #1 legislative conference call with elected officials from the five northern counties in addition to Seth Grigg and Kerry Ellen Elliott with the Idaho Association of Counties. Conference call participants reviewed issues and legislation contained in the Idaho Association of Counties Legislative Bulletin 2012 dated February 24, 2012.

Blue Sky Broadcasting Reporter Mike Brown also joined the meeting. 

The conference call ended at 3:40 p.m.  

There being no further business, the meeting recessed until 6:00 p.m., for the public hearing to consider creating an ambulance taxing district.

6:00 p.m., Commissioners held a public hearing in the County Extension Office to consider a petition to form an ambulance taxing district. Due to the number of attendees, the public hearing was relocated to the large courtroom in the Courthouse. Present at the hearing were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Boundary County Civil Attorney Phil Robinson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Mike Weland, Boundary Volunteer Ambulance (BVA) Attorney Brian Woods, Mike Mazon, Joe Farrell, Stephanie Moss, John Cranor, Charles Fox, Renita Bushnell, Wanda Wilkerson, Steven Sandburg, Georgia Earley, Jerry DiMuro, Michael Lockwood, Karen Daniels, Megan Kuhnhausen, Genevieve Hoyle, Jennifer Dougherty, Erica Denning, John Youngwirth, Rhonda Lopez, Tom Bennett, Edna Runyan, J.P. Runyan, Jeff Perkins, Peach Baker, Alva Baker, Adam Arthur, J. Tingley, J. McKechnie, Pam Hamilton, Chad Kimball, Wayne Wilkerson, Stephen Boorman, Dr. Chuck Newhouse, Sid Brumbach, Rick Dodd, John Minden, Ken Baker, Teresa Baker, Barry Blackmore, Paul Turner, Scott Peterson, John Erickson, Sr., Rick Braun, Terry Capurso, Raymond Harris, Kevin Merrifield, Roger Fraser, E.H. Robbins, Kelsey Rice, Casady Brimhall, Tony Rohrwasser, Jacob Bushnell, Allen Sharpe, Bob Graham, David Sims, Marie Lozier, Wilma DeVore, Alan Hamilton, Willa Unruh, Martin Silvestri, Debbie Beecher, Darlene Young, Loni Hooper, Dave Wenk, Lisa Mendenhall-Pluid, Becki Minden, Vickie Hamilton, Jamie Hettick, Robert Young, Chris Peterson, Walter Burrow, Joan Burrow, Regina Sherman, Elden Koon, David Koon, Gus Jackson, Steve Tanner, Susan Palacios, Patrick Warkentin, Richard Hollenbeck, Elsie Hollenbeck, Dan Moore, and Tim Dougherty. The public hearing was recorded.

Chairman Smith reviewed the public hearing procedures and the purpose of public hearing, which is whether or not an ambulance taxing district should be formed. Chairman Smith said the Power Point presentation the Boundary Volunteer Ambulance is proposing is not necessarily what will occur. Chairman Smith said Commissioners will attempt to make a decision dependent on the information received.

Commissioners asked Boundary Volunteer Ambulance Chief Ken Baker to give an opening statement. Mr. Baker provided information on the Ambulance Association. The Association has been in this community since year 1965. The volunteers are on call 24 hours per day, seven days per week, and the number of volunteers is now down to a minimum. Mr. Baker introduced the Ambulance Association’s attorney who put on the presentation.

Attorney Brian Woods introduced himself and explained the reason for the public hearing is that Boundary Volunteer Ambulance submitted a petition to create an ambulance taxing district to include all of Boundary County, Idaho. The proposed funding for a district is .04% on the assessed value of all Boundary County property, which equates to $342,000 per year. Attorney Woods said there are not a lot of options for a levy and how to create a district. The amount proposed is the maximum rate, but is not the required amount. The amount of $342,000 has been requested by Boundary Volunteer Ambulance. It was said the Commissioners could create a district and enter into a contract with Boundary Volunteer Ambulance. The new District board would be the County Commissioners and there would be a check and balance system.

Attorney Woods gave reasons for the formation of a taxing district to include: a current call volume of 800 per year as opposed to the 1960’s when there was zero to 100 calls, increased population in the county, a high number of retirees, and an unhealthier population. Attorney Woods said other reasons for a district are to provide a better outcome, provide transport in all weather conditions, reduce roll out times, to respond and reduce inter-facility transfer times and to ensure there is adequate personnel available. Attorney Woods said volunteers have jobs and events and if they have to respond to a call it can take critical time. Other reasons for funding are due to increasing training expenses, more people are unable to pay when they need the ambulance, equipment is getting older and replacement costs are high. Patients at times refuse to be transported and grants can be unreliable, according to Attorney Woods. The cost of an ambulance unit used to be approximately $50,000 to $80,000 and now it is approximately $250,000. A taxing district is needed in order to tap into additional revenues.

For advanced life support (ALS) calls, currently that business goes to Spokane and those are funds that could stay local. Attorney Woods reviewed reasons in favor of forming an ambulance taxing district. Attorney Woods included that there is a tremendous personal cost to the volunteers as it can affect their jobs, family, time, case stress, and un-reimbursed volunteer expenses.

Attorney Woods explained the cost to the taxpayer as being .04% of assessed property values and suggested property owners contact the County Treasurer’s Office to get more specific figures. Attorney Woods said Boundary Volunteer Ambulance Association is a not for profit organization that is privately funded, except for receiving $8,000 from the county. Attorney Woods listed the Ambulance Association’s mission statement. There has been a high burnout rate with the Ambulance Association so the average number is eight to ten volunteers. The structure includes a five member board, a chief, secretary, and a treasurer.

Boundary Volunteer Ambulance provides basic life support (BLS), transports to Bonner General Hospital, Boundary Community Hospital, and inter-facility transports, jaws of life, water and rope rescue, and providing standby services at events, according to Attorney Woods. The Ambulance Association does not have a permanent home. There are seven ambulance units and only one is less than 10 years old. There has been $200,000 in revenue, but there has also been $200,000 in expenses. Qualified personnel and equipment needed consist of paramedics, office and billing staff, and equipment. The Ambulance Association would like to put their units on a three to five year rotation and would like to eventually have their own station. Attorney Woods gave an explanation as to how the proposed $342,000 would be spent by reviewing what was listed in his presentation. Funding a paramedic would alleviate the burden on volunteers. Health insurance is something that could be determined at a later date.

Chairman Smith said the amount of $8,000 that Boundary Volunteer Ambulance receives from the county is not good. The county has not received a budget request in the past and the amount had just remained $8,000. Chairman Smith said he did suggest to a Boundary Volunteer Ambulance member that they need to send in a budget request, but nothing was received by the county. Chief Ken Baker said he was working on that, but with personnel and training it gets to be overwhelming. Attorney Woods said if a district is formed, the county can contract with anyone deemed appropriate. Boundary Volunteer Ambulance receives $200,000, but is also requesting $342,000 and Attorney Woods explained why he did not include the $200,000 in his PowerPoint. Attorney Woods said receiving $542,000 would help the ambulance association move to a different world as they would have more abilities including transports to Kootenai Medical Center.

Commissioner Dinning said the county has wonderful volunteers and if Boundary Volunteer Ambulance goes away, Boundary County is mandated to provide this service. Commissioner Dinning questioned if Boundary Volunteer Ambulance will be viable or would they have to shut down if they did not receive the additional funding. Attorney Woods said that would be a Board decision and it could be a real possibility. Commissioner Dinning asked if Boundary Volunteer Ambulance has looked into the ability to partner with Sandpoint. Attorney Woods said there has been contact with Bonner County EMS, but there were no definitive answers. Commissioner Dinning asked if Boundary Volunteer Ambulance has the ability to raise rates and it was said that insurance and Medicare have fixed rates so Boundary Volunteer Ambulance doesn’t really have that ability.

Commissioner Dinning said for clarity that Boundary County would create the district, but would not own the equipment, but could enter into a contract. Attorney Woods said that was correct and funds would be spent in a way deemed appropriate by Commissioners. Commissioner Dinning asked what the cost to the county would be to provide the current level of service being offered if Boundary Volunteer Ambulance were not to continue. Attorney Woods said it would be staggering as Boundary County wouldn’t have equipment, etc.

Commissioner Kirby said this is complicated business. If a taxing district is formed, the county will have to deal with payroll, etc., but taxpayers need to know Commissioners’ idea of setting up a new business and this will go through. If the county doesn’t work with Boundary Volunteer Ambulance, they will have to work with someone. Attorney Woods said Boundary Volunteer Ambulance has been in service for 47 years and they should be given a chance. Chairman Smith said if Boundary Volunteer Ambulance is given $342,000, there will be heavy scrutiny as opposed to if the amount was $8,000.

Commissioners opened the public hearing to public testimony.

Jerry DiMuro asked if Boundary County has looked at counties of similar size. Commissioner Dinning said he contacted the Idaho Counties Risk Management Program (ICRMP) attorney and asked if there is a mandated level of service and that answer was “no” and that Boundary County is providing a level that is far above what some of the other counties are providing. Mr. DiMuro asked Attorney Woods if Boundary Ambulance Association charges for transports. Attorney Woods said Boundary Volunteer Ambulance doesn’t know if they can always transport so they can lose money as it is hard to predict.

J.P. Runyan asked if the paramedics would reside in Boundary County and Chairman Smith said Sandpoint could be another possibility.

Tom Bennett, Paradise Valley Fire District, said he feels an ambulance taxing district is a good idea. Mr. Bennett said he appreciates the EMT’s and working with them. Ambulance volunteers respond to all fire calls and vice versa so it provides extra manpower.

Sid Brumbach, Cow Creek Rd., Bonners Ferry, questioned why Boundary Volunteer Ambulance’s attorney was putting on this presentation. Mr. Baker said the attorney is giving the presentation in the case there is a call for an ambulance and he has to leave. Mr. Brumbach said there are four questions to ask to include: is this expanded service required; is this service viable; can the community as a whole afford it; and do the unintended consequences outweigh the benefit. Mr. Brumbach questioned data showing the number of ALS versus BLS calls as the presentation does not show this information. Mr. Brumbach said information on the number of calls given was 800, but that is a round number, there are not exact numbers. Mr. Brumbach said he requested data from Boundary Volunteer Ambulance, but he didn’t receive records to see if this service is needed. Mr. Brumbach said a question is if this is viable and he hears gross assumptions and great points being made. If there really is a need, it isn’t clear, according to Mr. Brumbach.

EMT John Minden replied to Mr. Brumbach by saying small communities know how to stretch the dollar and get by. The hope is not to charge people a lot more money, but to provide a better service, better patient care, and training for the EMT’s. Mr. Minden said he feels Boundary Volunteer Ambulance has the capabilities over the other organizations to do this at the lowest budget possible. Mr. Brumbach said that sounds good, but it doesn’t answer the question. Commissioner Kirby said the county has the demand from the state to have this service and a mechanism to fund this. People can rest assured the Commissioners will review this process with a fine tooth comb so there is no problem there, according to Commissioner Kirby. Mr. Brumbach said he knows the medical side of this, but he doesn’t see the number of life support calls to support the need. Dr. Chuck Newhouse, Boundary Community emergency room physician said he understands that it would be useful to have the exact numbers in order to make an informed decision. Dr. Newhouse said in his personal opinion it is not unusual at all to have a patient arrive at the hospital and due to the complicated nature of their condition, need to be transported as soon as possible. And even though there is an ambulance service 10 minutes away, the Hospital has to call Sandpoint and wait for a paramedic to come to Bonners Ferry to pick the patient up and take them to Coeur d’ Alene. Dr. Newhouse said you can expect it to be three to four hours for the time it takes Sandpoint to get a crew together etc., but that it is his personal observation. Mr. Brumbach said the hard data is needed. You also need to have a medical director and someone who has emergency training. Mr. Baker said they do have a medical director.  

Mr. Brumbach said 38.7% of the homes in the county are owned by someone 65 years of age or greater and there are people on fixed incomes. Mr. Brumbach discussed the average pay for people in this county and that the cost of $40 per year or more in this tax is a lot to these people. Mr. Brumbach said a viable hospital is at risk in this community. Mr. Brumbach said the organization needs to have someone in charge that has five or more years of experience and two years management experience pre-hospital. Mr. Brumbach asked Commissioners if they are prepared to take that much money out of an economy that’s doing as poorly as this.

John Minden, EMT with Boundary Volunteer Ambulance said he would like to provide a higher level of service and patient care. This issue is not about the money, but about keeping the ambulance service that they do have going. Even though the Ambulance Association has been going along okay, they can’t provider the higher level of care they wish they could.               

Chief Baker said when he quoted information on calls earlier he had spoken to the paramedic chief to the south of Boundary County. Mr. Baker talked about ALS and BLS calls and how insurance cuts affect Boundary Volunteer Ambulance the same way it affects others. Mr. Baker said Boundary Volunteer Ambulance can only charge for billable runs. Boundary Volunteer Ambulance could go a long ways with this additional funding. Mr. Baker explained that the fire calls they respond to are not billable. The Ambulance Association also assists on fire calls to help back up the fire fighters as they can suffer health issues on scene. Mr. Baker said he would like to provide a more timely service for the citizens. Mr. Baker said he is not in this for the money, but for the good of the area.

Barry Blackmore, Boundary Volunteer Ambulance EMT, responded to Mr. Brumbach’s statements and informed Mr. Brumbach he would like to talk with him further as he seems to have a good business sense, is very thorough and the Ambulance Association needs someone like that. Mr. Blackmore said when he started with the Ambulance Association about 11 years ago there were approximately 35 volunteers. It is now down to less than 25 volunteers and there are 10 people who go on about 85% of the calls. The Association is losing people daily. Finances are one thing that will help in providing training. Mr. Blackmore said he hates fear tactics, but one day someone will call 911 because they need it and no one will come. Not because the EMT’s have quit because they will do what they can, but because the budget for it will have ended and their ability to help someone will end. Mr. Blackmore said asking how many ambulance runs is like asking how many steps you have taken. Mr. Blackmore said the Ambulance Association will not hire paramedics tomorrow and it’s true the percentages aren’t there for the ALS. Mr. Blackmore discussed the funding and how any amount would be helpful. Mr. Blackmore said his dream would be to run ALS on everything they possibly can. If you look at any other facilities, they are not perfect. The system is not perfect and Boundary Volunteer Ambulance is looking for help in order to grow and they’re asking for the county’s help.

Terry Capurso, Moyie Springs, said Idaho Code refers to an ambulance service as a governmental function. Mr. Capurso referred to and explained the two methods counties can use to levy for an ambulance service, which is to set up a fund with no more than a certain percent against market value to form a district. Mr. Capurso said in year 2009, 11 counties used this method and Boundary County sort of already does this in that the $8,000 is tax money going toward the ambulance service. The other option is forming a district to create a separate taxing district governed by the Board of Commissioners. The levy amount cannot be more then .04% of assessed property value. Mr. Capurso said 24 out of 44 counties did this in year 2009. Mr. Capurso provided a review of information given in the Power Point presentation. Mr. Capurso said he strongly recommends County Commissioners do not form an ambulance district. This will become a county run, property tax supported empire that will start from the ground floor. It could possibly include county employees and benefits, retirement, clerical and support staff, buildings, vehicles and training, and not to mention a huge liability strain. The budget of $345,000 pales in comparison to a normal 10 year growth. At 4% a year all of a sudden it is $491,000 in ten years. Mr. Capurso said he watched the same scenario in Bonner County ten years ago and currently the Bonner County EMS budget is three million dollars per year. Mr. Capurso said if Boundary Volunteer Ambulance has a budget problem, quit insulting them with a mere $8,000 and give them more funds as Idaho Code allows up to .02%. If staffing is the problem, Mr. Capurso suggested Boundary Volunteer Ambulance change their status to for profit and operate under a contract. Let the private sector run on a competitive for profit basis, which would probably run circles over a government run organization. 

Tony Rohrwasser, Paradise Valley, Chief at South Boundary Fire District, and for the last year EMT for Boundary Volunteer Ambulance, said he wholeheartedly supports the volunteers and knows the amount of time Boundary Volunteer Ambulance members put in. Mr. Rohrwasser said he supports a taxing district for the ambulance, but has some questions. Mr. Rohrwasser said he has spoke to representatives at Kootenai County about their system and it seems to work well. If an ambulance taxing district is formed that is another thing Commissioners will have to police and add to their plate. Mr. Rohrwasser explained how this system works in that an advisory board is formed and they report to Commissioners. The county actually purchases the equipment and supplies the funds, but makes sure the proper turnover occurs. Mr. Rohrwasser said he thought Kootenai County’s system sounded good and he’s not knocking anyone as he knows Mr. Baker’s heart is in the right place, but Mr. Baker is completely overwhelmed with the amount of calls and lack of volunteers. As Commissioners have heard in asking for a budget, there just isn’t time to do it as Boundary Volunteer Ambulance is extremely overwhelmed and things are getting dropped all over the place. Ultimately cost and service to the customer is the end thing. In the beginning of forming the fire district a goal was to see all areas combined to have a fire/EMS based district. If this levy is put out now it comes up to $342,000. The same system he looked at, based on the tax paid in the South Boundary District, that would create a fire/EMS district of $875,000 combining the two efforts making fire fighters EMT’s.

Mr. Rohrwasser said he feels forming this district is a good first step, but he feels it will take a lot more control than just the County Commissioners overseeing it. Mr. Rohrwasser spoke of the thought of an advisory board where people actually have input and look to see what the actual needs are. Chairman Smith said the Commissioners would have the ability to do that. Mr. Rohrwasser explained how the advisory board works to help police matters that can’t be done currently. Mr. Rohrwasser explained that currently on some ambulance calls, 15 EMT’s show up on scene and on other scenes there are hardly any EMT’s. Mr. Rohrwasser reiterated the Boundary Volunteer Ambulance is overwhelmed and it’s really hard to have an EMT who’s responding to all of the incidents and trying to run the organization at the same time. The call volume is too high for that.

Joe Farrell thanked the volunteers for all that they do. Mr. Farrell explained the accident involving his daughter. Boundary Volunteer Ambulance got his daughter to the hospital, but Medstar was not able to fly to Bonners Ferry. Bonner County had to arrange a crew to send paramedics to Bonners Ferry to take his daughter to Coeur d’ Alene. Mr. Farrell said his daughter did not make it and he thanks everyone along the way and he does not place blame that there was not a paramedic. Mr. Farrell said he does want to have a paramedic in Boundary County and he would be willing to pay taxes for an ambulance service if that is the best answer. Mr. Farrell said he doesn’t know what the best answer is, but as a citizen he is willing to pay.   

Bob Graham, Boundary County Emergency Services said his position to be over all emergencies in this county, which seems to have more than its share. Mr. Graham thanked the people who have kept the ambulance service going for so long and said they are remarkable people. Mr. Graham said in regards to ALS and paramedics in defense of Boundary Volunteer Ambulance, more incidents involving hazardous materials and explosives are requiring ALS or paramedic personnel and they have to be provided before agencies such as the bomb squad can be called out. Mr. Graham said it takes a lot of time and commitment to train for ALS or the level of paramedic and we need to start paying them. Mr. Graham said he thought this public hearing was to take input on whether or not to form a district and he said isn’t it true the budget would be established later by the board of directors. Chairman Smith said Commissioners were not paying attention to the budget. Tonight is to decide whether or not to establish a district and then the other details will be reviewed. Mr. Graham said he is very much in favor of supporting Boundary Volunteer Ambulance’s need for a district.

David Sims said he appreciates the volunteers and service for the last 50 years and he feels that speaks to whether or not it is viable. Mr. Sims said he personally would be in favor of paying to support the needs of the ambulance service.

Dave Wenk, EMT for Boundary Volunteer Ambulance, said he hates to see this tax bill put on the property owners. There will also be renters and other people who will utilize this service and the burden is put on property taxes. Mr. Wenk said he wishes there was another way to fund this and that Commissioners would look legislatively. No one has ever asked the legislature to fund EMS service other than to levy. Mr. Wenk questioned why not tax motor vehicles so everyone pays for this service. Mr. Wenk said not to step on anyone’s feelings as he appreciates Mr. Baker, Mr. Blackmore and everything everyone does, but the way the organization is run, he just sees this as throwing away good money at a problem. This organization needs money and help, but giving them money is not going to fix it. If money is going to be thrown at this, why hire advanced EMT’s as there isn’t a need for paramedics here. If 25% of the calls are sent out of county, we’re losing those people to help us here and 40% of those calls aren’t going to be paid anyway. Mr. Wenk said he just hates to see a district formed to tax people and throw money at a problem. That is not going to fix it and we need to look a little deeper into this. Mr. Wenk said Boundary Volunteer Ambulance isn’t just going to quit and not do this anymore. They’ve been doing this for approximately 40 years and people will still be here and respond. Help is needed, yes, but we still need to look a little deeper.

Commissioner Dinning asked what Mr. Wenk meant by digging deeper and Mr. Wenk explained the ways an ambulance taxing district can be formed. Currently a fee of $1.25 goes towards funding EMS. $.25 goes to the county and the $1.00 goes to the State. Mr. Wenk said no one has ever petitioned the county to impose a fee on auto registrations. There are about 11,000 registered vehicles in the county and if $30 was put on the fees, the money Boundary Volunteer Ambulance needs will be met. Mr. Wenk questioned why charge property owners more on their property taxes when everybody uses this service.  Commissioner Dinning said he understands what Mr. Wenk is saying. Commissioner Dinning said he sits on the Idaho Association of Counties legislative committee and has seen requests for additional fees across the board and our past and present legislators have turned everything down. Mr. Wenk said he understands, but he thinks we need to try again. Mr. Wenk said he is not in favor of more taxes, but felt that money should be put towards advanced EMT’s who can go on transports. Mr. Wenk said he doesn’t think you can get three paramedics for $342,000. Mr. Wenk said he comes from a business background, and everyone knows there are more expenses than just paying their salary.

Chairman Smith said advanced EMT’s were mentioned. Mr. Baker said Boundary Volunteer Ambulance has six advanced EMT’s. Chairman Smith asked if advanced EMT’s can do the same thing a paramedic can do. It was determined there are differences in what EMT’s an paramedics can do so Chairman Smith said that doesn’t fix the problem as a paramedic is needed.

Chris Peterson said she would like to thank the EMT’s and added that she doesn’t think there is anyone questioning how committed they are. Ms. Peterson said the volunteers take a lot of their time to go on many runs. Ms. Peterson said she doesn’t think the amount of money requested is needed, but Boundary Volunteer Ambulance does need help. The volunteers run non stop, especially Mr. Baker who is constantly away from family and friends. Ms. Peterson reiterated that Boundary Volunteer Ambulance does need help and she hopes something can be worked out financially.

Chairman Smith said he just wanted to re-clarify that the amount of $342,000 is what is requested by Boundary Volunteer Ambulance and by no means, if the district is adopted, does that mean the county will go out and spent that amount of money. It very well could be that what is needed to provide the services could be a lot less. Chairman Smith said if a district is formed, Commissioners will want to do it for the least amount of money possible.           

Walter Burrow of Bonners Ferry said he has been transported to Kootenai County Medical Center by the current ambulance association. Mr. Burrow said he believed the bill was in the $7,000 range and the bill was paid. Mr. Burrow said he thinks Boundary Volunteer Ambulance Board ought to pursue their accounts receivable. Mr. Burrow said he thinks $342,000 is a lot to charge property owners and they already pay a lot. Mr. Burrow said there is no tax base, jobs, or income here and he is already on a fixed income. Mr. Burrow said Boundary Volunteer Ambulance should apply to the county for more than the $8,000. Mr. Burrow said Boundary Volunteer Ambulance could probably get more funds, but they just haven’t requested it. You have to start somewhere and they aren’t doing their homework, according to Mr. Burrow. Chairman Smith said it would depend on how much, but that is something he mentioned to Boundary Volunteer Ambulance last year. Chairman Smith asked Mr. Burrow about the cost of $7,000 and if that was just for transportation from Boundary Community Hospital to Kootenai County. Mr. Burrow said he believed so.

Steve Tanner said he opposes a taxing district. The fire districts and districts that go on to have volunteers, there is a trial time to hold an election or form a district and I know enough people have said it’s not a reflection of the volunteers. It’s a wonderful thing and there are lots of volunteers and people who do things for other people without getting pay or even a “thank you” sometimes. Forcing people to buy a product by putting this on the tax roll is like the force of a gun and nobody should gather or sell a product that way. If people want a product then purchase the service, but no one should put a gun down someone’s throat by putting it on their property taxes and say if you’re not going to pay for it, then we’re going to come and take it from you. That is the reality of what is happening, according to Mr. Tanner. There is too much that is already set up this way. This used to be a free country where you owned your property, but now we don’t own it; we rent it. This is not a reflection of the volunteers, but that people are going to war against each other by doing this so don’t put this on the tax rolls.

Elsie Hollenbeck said she is one of the 38% and there is always a fine line when every one of us might need an ambulance and that is at any age. Ms. Hollenbeck said no matter how this is done whether it is by a fee or a tax, it is a tax. Ms. Hollenbeck said she knows people feel taxes are bad, but people can appreciate the good quality of life we have because we do pay taxes. Ms. Hollenbeck said she lives on a fixed income as well, but she knows having an ambulance is critical and it’s a priority. Ms. Hollenbeck asked if there would be a bid process to select an ambulance service if a district is formed. Chairman Smith said Commissioners could go out for request for proposals (RFP) if a district is formed.

Stephanie Moss, Naples, said she is a homeowner as well as secretary of Boundary Volunteer Ambulance. Ms. Moss said she is not an EMT, but she has been a CNA for some time and has worked with people in poverty. Time is critical and a paramedic could save a life. Ms. Moss said she has heard people talking about paramedics coming from Sandpoint, but that is too long. Ms. Moss asked Commissioners to help think of a way to help people in the community and Boundary Volunteer Ambulance. Ms. Moss said she is willing to pay for this service and Boundary Volunteer Ambulance needs help.

Marti Sylvestri of Naples, said the idea is to improve the services in the county and not solve a revenue problem. Mr. Sylvestri said he’s heard the statement if the county had paramedics the ambulance service could perform more critical care transports. While that is true the next question is would those paramedics be in town enough that we would notice an increase in emergency services, which is the real question. The problem Commissioners have is to decide how much money to take from the taxpayers to provide a level of service as defined. Mr. Sylvestri said he heard people in uniforms speaking of how they would get up at night to respond, but he also echoes what other people have said in that he doesn’t see a lot of data. Mr. Sylvestri said he heard Commissioners mention they could form a district tonight and decide what the budget will be later. Mr. Sylvestri said he would simply suggest that if someone was buying a car, they would know how much they intended to spend before they would make a purchase and that is what he is asking Commissioners to do before deciding to approve a district.

Chairman Smith said it is Commissioners’ obligation in regards to taxpayer’s dollars and that is why he said earlier the budget proposed doesn’t really mean that much right now and the county doesn’t have to use that figure. Chairman Smith said it is very possible the people putting on the presentation won’t even be involved in what the county does. Chairman Smith said he feels before getting to that portion, a district should be formed before deciding what Commissioners want in terms of funding and start from there. Chairman Smith said it’s possible the number of paramedics needed is less than the number submitted and there are a lot of questions to be answered, but in his mind, it needs to be done in the realm of the district. Chairman Smith said all that would be decided tonight is whether or not to form a district and after that, Commissioners will talk with their attorney and Boundary Volunteer Ambulance to see about the best way, even if it is to seek request for proposals. Chairman Smith said he could assure people that when a budget is submitted, it will stop at Commissioners before any money is spent and the funds spent will have to be justified.

Commissioner Dinning said his thoughts are a little different than Chairman Smith’s and we have talked about everything tonight. Commissioner Dinning said he personally called a representative of Life Flight as they will have a location in Sandpoint and he explained Boundary County’s situation and the need for a paramedic to make these transports when a helicopter or fixed wing cannot get here. Commissioner Dinning said he told this person he understood they have paramedics and will be based out of Sandpoint and if there is a contract Boundary County can enter into with Life Flight to provide the services that are needed. Commissioner Dinning said this representative told him that definitely something could be worked out and that they are all about communities. Commissioner Dinning said tonight there have been a lot of questions raised and a lot of things proposed and his thinking is that as a community and as Commissioners, it would be nice to have this as soon as tomorrow, but this is too important and we need to do this correctly. Commissioner Dinning said he has seen communities be ripped apart by these types of levies. Commissioner Dinning said we need to go down this road together, but it is Commissioners’ responsibility. Commissioner Dinning said he questions if this matter is something that can be phased in gradually, but he has not had this conversation with Boundary Volunteer Ambulance. It would be a significant shock to pull $345, 000 out of this economy and even though some of it will come back, he wonders if this can be done in baby steps.

Mr. Sylvestri said the possibility of seeking request for proposals was discussed and he wondered what assurances could be given that Commissioners would seek a competitive process because the data isn’t there. Mr. Sylvestri said a rough estimate of what funding is needed would be useful to the citizens to decide their representatives are making an informed decision. Mr. Sylvestri said he would echo statements already made that the costs are not going to stay as stable as one would like and over time that system will grow. Mr. Sylvestri said it seems like provisions of government often grow faster than the rate of inflation, especially in a growing system. Chairman Smith responded to Mr. Sylvestri’s comment about going out for request for proposals by saying in order to do that, the district would be formed, but seeking request for proposals is something he would do.

A member of the audience asked if written statements would be accepted. Chairman Smith said yes and they could be dropped off at the Commissioners’ office.

Tim Dougherty, Boundary County, asked Attorney Woods if he know what the year 2011 receipts were such as for either year 2010 or year 2011 what was Boundary Volunteer Ambulance’s outstanding collectibles. Attorney Woods said he did not know that off the top of his head. Chief Ken Baker said the person who just left the hearing would’ve had that information. Mr. Dougherty asked if on a budget of $200,000, what percentage was not paid for. It was said 40% is the number of calls not paid for so out of an income of $200,000 that was received by only 60% of the calls and of the other 40% of the calls, Boundary Volunteer Ambulance receives nothing. Mr. Baker said that was correct.

Chairman Smith closed the hearing to further public comment. Chairman Smith said he was prepared to make a decision tonight, but he is not going to call for a vote by the Commissioners as he can see Commissioner Dinning would like to have more information. The hearing will have to be continued to a date certain, but speaking for himself, he feels the only way to solve these problems is to form an ambulance district. How much funding is going to be put into this district will be the question, but he doesn’t feel comfortable making a decision due to the questions that have come up and Commissioner Dinning would like to speak with more people.

Commissioner Kirby moved to adjourn the public hearing until Tuesday, March 20, 2012 at 6:00 p.m., to be held in the large courtroom, and to accept written comments in Commissioners’ Office until 5:00 p.m., March 12, 2012. Commissioner Dinning second. Motion passed unanimously.      

Commissioner Dinning said he hopes everyone understands this is something that affects the whole community. This matter can be divisive and he hopes it isn’t as we’re looking for a common goal. A person may have an opposite opinion, it still has value and Commissioners need to hear the comments. Commissioners want to come to a conclusion on this that will be the absolute best way to move forward whatever that may be at this point. Commissioners want the community’s participation.

The public hearing to consider approving an ambulance district adjourned at 8:30 p.m.

There being no further business, the meeting adjourned at 8:30 p.m.

                                                            /s/

                                                            RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk