County commission minutes, February 11-12 |
| March 2, 2013 |
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***Monday, February 11, 2013, Commissioners met
in regular session with Chairman Dan Dinning,
Commissioner LeAlan Pinkerton, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Clerk Glenda Poston and Blue Sky Broadcasting Reporter Mike Brown joined the meeting at 8:55 a.m. 9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall presented a written report. Those present discussed the condition of portions of Lookout View Road. Mr. Gutshall mentioned areas near the Grove residence and said since there is still freezing, Road and Bridge was able to haul rock and use a grader to patch the road. The rest of Lookout View Road is fine at the moment. Roads are starting to be closed for spring breakup, but not many, according to Mr. Gutshall. Mr. Gutshall said he’s never seen conditions look better this time of year such as on the Farm to Market Road, which is closed, but he thinks the road will get through breakup fairly quickly. Mr. Gutshall said he reviewed the Municipal Lease Purchase Agreement for the excavator with a mulching head attachment. The Agreement looks fine and Prosecutor Douglas has also approved it, according to Mr. Gutshall Chairman Dinning asked if there is the ability to sell the equipment aside from Western States/CAT’s buyback offer. Mr. Gutshall said yes, but the ability to sell is limited as the equipment cannot be financed so only larger companies are financially able to buy the equipment. The machines returned to CAT are good equipment and CAT can offer a limited warranty whereas the county cannot. Typically the lift groups and wings for equipment are not a part of the buyback so the county puts them on other pieces of equipment. Chairman Dinning asked what CAT’s reaction would be to the county selling the equipment rather than using the buyback option. Mr. Gutshall said if CAT knows they have a customer who will pay a certain amount, they will participate in the buying process. Mr. Gutshall said the best time to get a buyback is when replacing a machine. Mr. Gutshall said it’s happened that if it’s known a machine will be used as a trade-in, the buyback had increased another $20,000. Mr. Gutshall said Western States/CAT has offered to extend their warranties from five yeas to seven years as the county hasn’t always used the hours so there is a seven year warranty and usually there are no surprises in that amount of time. Whatever happens during the warranty is covered 100% otherwise the equipment controls are such that it is expensive to repair if the warranty is up, according to Mr. Gutshall. New equipment is a different world compared to older equipment. Commissioner Pinkerton asked if there is an added cost for a buyback. If the equipment is purchased for cash, there is no buyback figure. Commissioner Pinkerton mentioned costs associated with balloon payments. Mr. Gutshall said the lease is set up to payout on the excavator so it will belong to the county. Mr. Gutshall said some of this equipment is expensive and there have been balloon payments so he can pay ahead of schedule or exercise the buyback option. Commissioner Pinkerton discussed expenses with work being done in relation to mechanics versus the expenses associated with leasing a new machine. Mr. Gutshall mentioned all equipment he has had to buy used and have his department’s mechanics work on. Mr. Gutshall said maintenance can’t be done on the equipment as it can be done on vehicles. Commissioner Pinkerton said if something can be fixed for $10,000 once where is the payoff for the county in the buybacks if having to continue making payments on new equipment after trading in the old equipment. Mr. Gutshall explained that he used to have a budget for repairs that he was actually using well in excess of $100,000 before going to the buyback option. Prosecutor Jack Douglas joined the meeting at 9:25 a.m. Mr. Gutshall said the lease option is more of a planning tool for him and he can either run junky equipment or new for the same money and there’s an old adage for that. Mr. Gutshall said he’s gained dependability and a warranty in newer equipment. Mr. Gutshall recalled having to replace transmissions for old loaders at a cost of $30,000. Mr. Gutshall said it just depends on how the equipment is used. Those present continued the discussion on costs and downtime due to repairs. Commissioners and Mr. Gutshall discussed spring road restrictions. Prosecutor Douglas spoke of a past issue with a county ordinance in regards to issuing citations for driving and road weight limit restrictions. Commissioner Pinkerton said it’s a matter of catching the driver. Prosecutor Douglas said he feels the current ordinance doesn’t need to be tweaked as the judge having an issue with it is a visiting judge who is normally not here. Prosecutor Douglas reiterated that he doesn’t think there is an issue with the current ordinance, but he does have documents from other counties so a change could be done if it’s felt there is a need. Mr. Gutshall spoke briefly of ordinances from other counties and he said what Boundary County has had for an ordinance has worked well. A driver has to have a permit to haul during this spring breakup time so if someone is stopped and doesn’t have a permit, they are guilty right there. If the driver does have a permit, the restrictions are listed on that permit. Commissioner Pinkerton said the state scale is not able to weigh an entire load so that can get thrown out. Chairman Dinning said the current ordinance allows flexibility through Mr. Gutshall’s restrictions and Mr. Gutshall referred to allowances for people in need of propane, etc. Prosecutor Douglas left the meeting at 9:39 a.m. Those present briefly discussed the difference in warranties for compact and larger equipment. Commissioner Pinkerton moved to authorize the Chairman to sign the Municipal Lease/Purchase Agreement No. 20288510 with Panhandle State Bank for a 2012 Caterpillar Compact Front End Wheel Loader, Model No. 906HC, Serial No. JRF00564, for the Boundary County Airport. Commissioner Kirby second. Motion passed unanimously. Commissioner Pinkerton moved to authorize the Chairman to sign the Municipal Lease/Purchase Agreement No. 20288509 with Panhandle State Bank for a 2012 Caterpillar Excavator with mulching head attachment, Model No. 320EL, Serial No. WBK00621 for the Boundary County Road and Bridge Department. Commissioner Kirby second. Motion passed unanimously. Commissioners and Mr. Gutshall briefly discussed bid documents for road oils and preventative maintenance. Commissioner Pinkerton moved to go out to bid for asphalt petroleum products for the Road and Bridge Department. Commissioner Kirby second. Motion passed unanimously. Commissioner Pinkerton moved to authorize the Chairman to sign the Local Public Agency’s Certificate of Right-Of-Way Activities for the Old US 2/Deep Creek Loop Project #A012(932), Key #12932, and any incidental documents necessary for the Deep Creek Loop/Trout Creek Bridges Projects for emergency relief. Commissioner Kirby second. Motion passed unanimously. Commissioners and Mr. Gutshall discussed conducting road tours as needed. The meeting with Mr. Gutshall ended at 9:55 a.m. Commissioners tended to administrative duties. 10:30 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Jeri Witt joined the meeting. Ms. Magee presented Commissioners with the elevator maintenance agreement with OTIS. The agreement is time sensitive as it needs to be signed by February 13, 2013. The cost associated with maintenance is $175 per month, which covers 24/7 monitoring, maintenance issues, and inspections every five years. This company also provides maintenance on the elevators at the Hospital and the City of Bonners Ferry Visitor Center, according to Ms. Magee. Ms. Magee explained a scanning mechanism sends an alert if there are any issues with the elevator. Ms. Magee said she is able to budget for maintenance, but doesn’t yet have a specific line item for that. Ms. Magee said the Restorium is down one resident and now has 33 residents. There is a newly vacant room that is currently under construction. One issue the Restorium is having has to do with flooring in one of the wings. Ms. Magee said she has contacted the installer many times and finally heard back today. Ms. Magee discussed the issue with the recommended expansions for this flooring. Chairman Dinning said he would like for the expansion strips to be removed or install a flatter piece of material for that purpose. Chairman Dinning said County Outside Auditor Leonard Schulte has suggested the Quickbooks Program be used at the Restorium so that is something that needs to be used. Ms. Magee said little knowledge is known about Quickbooks. Chairman Dinning mentioned leadership training courses that are held and how Commissioners would like to have this training for their department heads. Chairman Dinning reviewed locations where these courses are held. Those present resumed the discussion on the Quickbooks Program and spoke of inputting information beginning October 1, 2013. Chairman Dinning discussed the need to clean up the accounts of those residents no longer at the Restorium. Ms. Magee briefly discussed filling a vacant position in the kitchen and matters regarding a resident. Chairman Dinning asked Ms. Magee to think about what room rates should be if patients were private payers so that the Restorium could become self sufficient. Clerk Poston said she estimated rates would increase approximately $1,000 and briefly explained why. Chairman Dinning asked Ms. Magee to bring in information as to what is currently being charged per room size. Commissioner Pinkerton suggested reviewing the tutorial for Quickbooks or to check with people who are already using it. There may be classes held on these programs. Commissioner Pinkerton said Mr. Schulte stated not using this type of bookkeeping program is not an option so whatever Commissioners can do to help, let them know. The meeting with Ms. Magee and Ms. Witt ended at 11:00 a.m. 11:00 a.m., Courthouse Maintenance Jerry Kothe joined the meeting to give a departmental report. Mr. Kothe presented a written report. Mr. Kothe said he thinks the water heater is working well. Chairman Dinning asked to see how much a new valve will cost. Mr. Kothe said he did put a shut off valve on the hot water so if something happens, it can be shut off. There had been obstruction in the inlet pipe, according to Mr. Kothe. Mr. Kothe reviewed the remainder of his report to include replacing lights bulbs in the Extension Office and working on taking inventory for the landfill and Waterways Building. Mr. Kothe said he’s accounted for everything at the Waterways Building with the exception of one spotlight. Waterways Board Member Mike Naumann is supposed to get back to Mr. Kothe about the light by Wednesday before he reports it as not being present. Mr. Kothe discussed taking inventory of the county’s docks. Mr. Kothe explained moving the boiler’s shutoff so it won’t be hit by someone walking by it. Mr. Kothe spoke of trimming trees along the Courthouse. Chairman Dinning asked Mr. Kothe to contact Doug Dirks to see about costs of trimming the large trees. The meeting with Mr. Kothe ended at 11:10 a.m. Commissioners reviewed claims for payment. Fund totals are as follows: Current Expense $72,607.27 Road & Bridge 155,435.38 Airport 4,556.42 District Court 7,947.72 Justice Fund 30,166.50 911 Funds 3,327.39 Indigent & Charity 9.85 Junior College Tuition 126.00 Parks and Recreation 1,253.28 Revaluation 632.07 Solid Waste 21,934.61 Tort 405.94 Veterans Memorial 161.24 Weeds 1,014.97 Restorium 84,877.56 Waterways 266.96 Juvenile Probation, Lottery 3,219.73 Grant, Boat Safety 100.00 Grant, Fire Mitigation 4,740.00 TOTAL $392,782.89 Trusts Auditor’s Trust 13,156.50 Drivers License 6,798.50 Magistrate Trust 30,546.15 Motor Vehicle Trust 67,843.55 Sheriff’s Fund 510.10 TOTAL $118,854.80 GRAND TOTAL $511,637.69 Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2013). 11:30 a.m., Idaho Panhandle National Forest Supervisor Mary Farnsworth and Acting Deputy Forest Supervisor Christine Dawe joined the meeting to discuss Forest Service projects and Commissioner interests. Also present were: District Forest Ranger Linda McFaddan, Blue Sky Broadcasting Reporter Mike Brown, and Clerk Glenda Poston. Ms. Farnsworth said she’s making a circuit of all county commissioners to ensure communication and understanding of what the Forest Service is working on. The first to discuss is the Forest Plan, which has been in the works for over 10 years. Ms. Farnsworth said the Forest Service is in consultation with the Department of Fish and Wildlife as we speak, but the process still takes time. The biological opinion on the Plan is expected sometime in March or April and until then the final Plan cannot be released. When there is a release it will be the final Forest Plan and draft Record of Decision. This will be the first occasion to go through the Forest Service objection period, which is different than appeals. When the final Forest Plan is released with the Record of Decision for the Environmental Impact Statement (EIS) there will be a 60 day filing period where people can object for various reasons. Within 10 days of the closing period a legal publication is printed identifying people who have objections so the public is aware. Within 10 days after the legal notice comes out people have 10 days to submit notice to be an interested party. As an interested party that person can take part in discussions between the two agencies. A person can also be an observer, but in that position they can’t partake in the conversations. Chairman Dinning asked if objectors have dialogue other than objecting. Ms. Farnsworth said yes. Ms. Farnsworth said the reviewing official in charge of this process comes from Washington, D.C. This person will participate in the gathering of objectors, interested parties, etc., and sort out points of clarity, negotiating points of clarity, etc. or not settle objections. It is the hope that this process will take place in Coeur d’ Alene. Chairman Dinning said other governments such as counties and states should have better understanding of these discussions at the table and he asked if that issue has been raised. Ms. Farnsworth said that hasn’t been talked about directly and she is not sure if there is anything in the regulations that covers that. The intent is to get people to the table and hash things out and to be transparent. Once the process gets through this and a signature is written the other issue is a lawsuit. If someone sends in a comment and wants to object to something, Ms. Farnsworth said they have to file a comment on a specific issue prior to objecting. It’s similar to having a standing to an appeal. Ms. Dawe said the Forest Service will error on the side of including someone’s objections since this is the first experience. The resolution period for objections is 90 days however there is the ability to extend that if a large number of objections are received. Ms. Farnsworth said they are working on this as they are waiting for information. Ms. Farnsworth mentioned issues with the wolverine and said the Forest Service is waiting to see if there is a listing in the midst of the Forest Plan. Ms. Farnsworth said she doesn’t see any big effects if things remain as written in relation to affects to the wolverine. Chairman Dinning said because of designation of critical habitat the Forest Service still has to work with the recovery zone. Ms. Farnsworth said yes. The Plan is to be signed sometime in the fall and Ms. Dawe is in the process of developing a timeline of process so people will know. Chairman Dinning said he would like to somehow see that local governments get opportunities they may need and Ms. Farnsworth said she will make sure that happens. Ms. Farnsworth discussed the North Zone Travel Plan specifically for winter. The Forest Service is under court order to limit motorized use in portions of forest in the northern area and that has not changed with designation of critical habitat. Ms. Farnsworth said her considerations are that she doesn’t have capacity to launch another large project. In her view this is a very large project and should have focus groups for the desires of the community and public, which takes a lot of effort. Ms. Farnsworth said she needs to be very vigilant in that the Forest Service doesn’t have the capacity to launch another large project as they are dealing with the Forest Plan. The Panhandle Collaborative and Idaho Conservation League have stated they are interested in launching travel planning and are willing to help. Ms. Farnsworth said she has no budget to do a winter travel plan. Both the snowmobile groups and environmental community want a resolution, but Ms. Farnsworth said the Forest Service is challenged financially and needs to find a way to prioritize a way to make it happen as she is very conscious that there is a economic benefit. Ms. Farnsworth said she doesn’t want to wait until after the Forest Plan is signed, but does want to wait until it is released so maybe some sort of dialogue will take place in June or July. The discussions will begin with focus groups on where people stand, etc., and there is a lot of data and alternatives to put together. Ms. Farnsworth said there are new players involved so there is a need to start over with public involvement and she is looking at the Bonners Ferry, Priest River and Sandpoint Ranger Districts. Ms. Farnsworth spoke the of Vege Programs and said in year 2012 the Forest Service was responsible for 42 million board feet and is also responsible for that volume coming out this year. The Community Forest Landscape Restoration Project (CFLRP) through the Kootenai Valley Resource Initiative (KVRI) has a specific target of 13.9 million board feet specific to this area, which is a great thing as it has to be produced here. Ms. Farnsworth said the Forest Service has met all of its timber responsibilities this year and is on track for everything for the most part. The Forest Service is almost ready for the Twenty Mile Project as it had been in recent litigation, but the timber will probably be sold in the first quarter of 2014. Ms. Farnsworth informed Commissioners the Forest Service Office in Washington inquired about the Five Year Plan and what this area is capable of. If funding is available, this Plan is already in position to know what to do next. That is a very good thing for a forest to get treatments done and for the community to get some product, according to Ms. Farnsworth. There are a lot of sales right now; approximately five or six active sales in this area. That is 150 million board feet that hasn’t been cut so there will be jobs once those sales activate. Ms. Farnsworth discussed the Ball Creek Road. This is a road that cuts across Canada and Customs and Border Protection has requested access. Ball Creek Road is washed out in two places and hasn’t been open since 1988 so it will take a lot of reconstruction and maintenance to open this road. This is core habitat and the public meetings are the week of the 18th. On February 20th from 4:00 to 8:00 p.m., there will be a public meeting in Bonners Ferry. It’s an open house for the public to learn about the project. Comments will be solicited, according to Ms. Farnsworth. The Border Patrol is the lead agency for this proposal and they have to decide to fund this project with federal monies. Ms. Farnsworth said she is the decision maker for Forest Service decisions and there will be information about ground disturbing measures and mitigation decisions. Customs and Border Protection will lead the meetings and the Forest Service wildlife biologist, Bonners Ferry District Ranger Linda McFaddan and Ms. Farnsworth will also be at the meeting. Chairman Dinning said in some processes he’s seen that the Forest Service will cooperate, but the Fish and Wildlife Service throws in their opinion. Ben Conard with the Fish and Wildlife Service has been engaged in the meetings with the Forest Service and Customs and Border Protection, according to Ms. Farnsworth. The Forest Service needs to figure out how consultation will take place, but Mr. Conard is already engaged. The Forest Service biologists will be at the meeting for questions. Chairman Dinning said this process will be followed and Forest Service representatives will make a representation as to what reactions to anticipate, but consultation happens much later than the public involvement and there can be a real negative decision made that the public had no idea was going to be made. Ms. Farnsworth said that can’t happen during the usual process. The decision to be made must be made within the scope of alternative that has been laid out to the public. Ms. Farnsworth said she is the decision maker and can pick and pluck certain things, but all of that information is disclosed. Ms. Dawe said there has already been a lot of back and forth. Ms. Farnsworth said the Grizzly Bear Access Amendment will guide the Forest Service through this process as it’s an amendment to the Forest Plan and so it becomes a guide. Ms. Farnsworth informed Commissioners she is going through the administrative hoops to reduce costs and she mentioned having to take a hard look at matters in the Panhandle. The Forest Service is in a $750,000 per year lease in Coeur d’ Alene and that is a lot especially when the Forest Service has their own piece of property. Financially it makes sense to look at alternatives. The leases expire in three to five years so now is the opportunity to see if it’s time to get out from those leases. Ms. Farnsworth said she believes in living within the means. Ms. Dawe said the Forest Service location in Coeur d’ Alene shares administrative operations with the Bureau of Land Management so that makes it a little more complicated in terms of what the Forest Service can and can’t do with another agency. Ms. Farnsworth said she is taking a look at Forest Service owned facilities. There are 800 facilities and that is a lot. Sometimes those facilities are restrooms, but they still have to be counted. Ms. Farnsworth said she needs to be smart about what to do about the property and the Forest Service can at times convey property to the public, but she doesn’t take it lightly because once the property is gone it’s gone. Ms. Farnsworth briefly mentioned going through workforce planning and that the Forest Service is shrinking in size due to attrition. The meeting with Ms. Farnsworth, Ms. McFaddan and Ms. Dawe ended at 12:15 p.m. Commissioners recessed for lunch at 12:15 p.m. 3:55 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, and Deputy Clerk Michelle Rohrwasser. Commissioner Pinkerton moved to reappoint Matt Cossalman to the Planning and Zoning Commission with a term to expire January 2017. Commissioner Kirby second. Motion passed unanimously. Commissioner Pinkerton moved to reappoint Bruce Behrman to the Planning and Zoning Commission with a term to expire January 2017. Commissioner Kirby second. Motion passed unanimously. Commissioner Pinkerton moved to amend today’s agenda for 3:00 p.m. to include a motion to sign the OTIS Service Contract in regards to the elevator at the Boundary Community Restorium as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously. Motion Kirby moved to authorize the Chairman to sign the OTIS Service Contract for the Boundary Community Restorium elevator. Commissioner Pinkerton second. Motion passed unanimously. Commissioner Kirby moved to approve the minutes of January 21 and 22, 2013. Commissioner Pinkerton second. Motion passed unanimously. Commissioner Kirby moved to amend the agenda for tomorrow at 9:00 a.m., to include a motion to adopt resolutions associated with the Municipal Lease Purchase Agreements for an excavator with mulching head attachment for the Road and Bridge Department and for a compact front end wheel loader for the Boundary County Airport. Commissioner Pinkerton second. Motion passed unanimously. 4:00 p.m., Kurt Pavlat with the Bureau of Land Management (BLM) joined the meeting to discuss BLM projects and updates. Bonners Ferry Herald Reporter Laura Roady also joined the meeting. Mr. Pavlat discussed the Two Tail Project and another project on the Kootenai Bench consisting of 120 acres. Mr. Pavlat said his senior forester didn’t think the Kootenai Bench project was ready for thinning yet so BLM will do a pre-commercial thin followed by a commercial thin two to three years out. There is approximately 4,400 acres of BLM land in this county, according to Mr. Pavlat. Mr. Pavlat said the last time he spoke to Commissioners he discussed a potential exchange with the Idaho Department of Lands (IDL), but doesn’t think that exchange will happen. Mr. Pavlat spoke of other possible exchanges. Mr. Pavlat discussed education management, fuels projects and timber sales information with Commissioners. Mr. Pavlat spoke of riparian and stream restoration. Work has been done on hideaway islands in part of the Kootenai Tribe’s restoration project. Mr. Pavlat said the BLM had a staff of 19 in year 2010 and they are now down to 15. Mr. Pavlat said the BLM is trying to do their part to reduce spending and they are just as efficient now as when they had 19 employees. Mr. Pavlat thanked Chairman Dinning for his efforts on the Resource Advisory Council. Commissioner Kirby and Mr. Pavlat discussed creation of the Bureau of Land Management. Chairman Dinning asked if BLM’s forester checks on their parcels every so often to see what can be done. Mr. Pavlat said not every parcel is checked as some are too steep. Maybe at one point the BLM could do helicopter logging, but right now it wouldn’t pencil out. Mr. Pavlat briefly discussed which parcels the BLM has worked on and reiterated that the work has to pencil out. Mr. Pavlat said BLM probably doesn’t take a look at their property much as they should, but they do come up every so often. The meeting with Mr. Pavlat ended at 4:25 p.m. 4:25 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m. ***Tuesday, February 12, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. 9:00 a.m., Clerk Glenda Poston, Deputy Clerk Nancy Ryals, and Mike Wolcott and Don Gunter with Inland Forest Management (IFM) joined the meeting. Mr. Gunter and Mr. Wolcott discussed the Western States Competitive Grant proposal. Mr. Gunter said the county has not applied for this grant before and this is the time to apply if the county wants to because the work done in this county would be leverage for this type of grant. IFM would request up to $240,000 in grant funds in a time frame to complete in three years and a lot of collaborative work would take place. Mr. Gunter said this is funding that does not have to be used for Forest Service adjacent lands and this grant is broader in prospective. The State of Idaho conducted a statewide assessment of forest resources and set priority areas for work, which includes parts of Bonner and Boundary Counties. Mr. Wolcott said the state mentioned if the county wants to be eligible for grants this assessment had to be done. North Idaho was targeted for this grant for a variety of reasons. Mr. Gunter said the lower Kootenai basin, watershed, and Community Forest Landscape Restoration Project (CFLRP) fits right in with this grant. Mr. Gunter said this grant would identify 800,000 acres in the county with 400,000 acres belonging to the Forest Service and 400,000 being private lands. Mr. Gunter clarified that this is a competitive grant proposal for only private and state lands. Industrial and federal lands are not eligible, according to Mr. Wolcott and Mr. Gunter. Mr. Gunter said Boundary County will be competing with 17 other states for this money if Commissioners decide to go forward. Mr. Wolcott said he thinks the county has an excellent chance for this grant. Chairman Dinning said this work would employ people locally and he asked if IFM foresees this grant to be used other than for work on the ground. Mr. Wolcott said there will be a need for administration and noxious weeds treatment would also be included. Mr. Gunter reviewed a list of proposed activities to also include a seed bank. Mr. Gunter said a committee has been formed and good proposals have come forward. Mr. Gunter mentioned working on this grant in two phases. Chairman Dinning said if a private landowner wanted help, how would education to the community be provided in order to know about this program? Mr. Wolcott said he thinks a committee would prioritize work. Mr. Gunter spoke of taking a look at someone’s property, and Chairman Dinning said it’s similar to the Fire Safe Program. Chairman Dinning asked if the private landowner has to agree to anything to participate. Mr. Gunter said he doesn’t yet know, but he mentioned what is required of a property owner participating in the Fire Safe Program. Commissioner Pinkerton said that would be a question of his as well. Would a private property owner sign a contract stating they are to keep the property maintained as treated for a specific amount of time? A property owner would need to know this requirement up front. Chairman Dinning said he knows that the property owners have been well aware of the requirement in the fuels reduction program. Mr. Gunter said this grant does state the property has to be maintained during that ownership until sold. Chairman Dinning said in looking at the proposal does Boundary County have to be the applicant. Mr. Gunter said that would be the best fit. Clerk Poston discussed the issues with payments and contractors that has come up and mentioned the need to change the contracts to terms of payment in 60 days. Chairman Dinning said if the committee goes forward, they will want to design a mechanism to analyze and prioritize. Commissioner Pinkerton asked if there is a land size restriction and Mr. Gunter said not that he’s aware of, but it’s possible a minimum of six acres is needed. Mr. Wolcott said there is commitment at this point and IFM and the committee would write the grant. Clerk Poston mentioned the ability to explore having the county act as the grant administrator. No requirement for in-kind or cash match was mentioned and Mr. Gunter said he saw the county required some landowners to do something, but grant contact Mary Fritz said there is no match. Commissioners said they had no opposition to going forward with the grant process. Mr. Wolcott provided a background and update on the Fire Safe Program and discussed firefighting. Fire Safe has been a very successful program and Boundary County has received a lot of funding through this program. Approximately 1.8 million dollars has come to Boundary County through this program and Boundary County has been the example to follow. Mr. Gunter mentioned how the program had been about fuel breaks around homes and communities. Those present discussed the Twenty Mile Project with the Forest Service and projects in the south end of the county. Mr. Gunter said the Idaho State Fire Protection Working Group holds meetings and he has put together a PowerPoint presentation for that meeting that is about Boundary County and historic fires and what has been done here. Chairman Dinning said Boundary County’s program being mentioned at the state level shows that Inland Forest Management needs to take credit for that and Commissioners appreciate them. The meeting with Mr. Gunter and Mr. Wolcott ended at 9:50 a.m. Clerk Poston remained after the meeting. Boundary County Emergency Services Incident Commander Bob Graham and Director Dave Kramer; Beth Reinhart and Shane Slate with the Army Corps of Engineers; Greg Taylor with the Idaho Department of Water Resources; County Planning and Zoning Administrator Dan Studer; Bob Olson with Kootenai Valley Restoration Association; Jay Baker with the Idaho Bureau of Homeland Security; City of Bonners Ferry Administrator Stephen Boorman and Assistant Administrator Andrakay Pluid; City of Bonners Ferry Mayor David Anderson; and Tom Daniel and Ken Irons with Soil Conservation District; Ken Roberts, Rene Riddle and Ree Brannon with the Natural Resource Conservation Services; and Patty Perry representing the Kootenai Tribe joined the meeting. 10:00 a.m., Ms. Reinhart said she requested the meeting to help people involved understand the regulatory process to have work permitted and steps to go through when doing work in relation to the Army Corps of Engineers. Ms. Reinhart explained that the Army Corps of Engineers is a very large organization with many branches. Ms. Reinhart discussed memorandums of understanding involved and other paperwork for permitting work to be done. Ms. Reinhart put on a PowerPoint presentation to help clear up confusion and answer questions of what information is required for temporary and permanent work that is done. Mr. Taylor also put on a PowerPoint presentation on behalf of the Idaho Department of Water Resources. The meeting ended at 11:35 a.m. 11:35 a.m., Bob Graham and Dave Kramer with Boundary County Emergency Services remained after the meeting to discuss public information officers (PIO) for the county. Mr. Kramer said there used to be one person as public information officer and at the last meeting with Commissioners he had proposed having a couple of people for this position depending on need and availability. One suggestion is David Sims who is interested and would like to attend a training course. Mike Weland is another person who would like to stay involved and Mr. Kramer said he would like to have Mr. Weland as a resource. Mr. Kramer mentioned another option in Mike Myers and he offered background information on Mr. Myers. Mr. Kramer said Dean Satchwell and Tony Rohrwasser also have experience in this area. Those present expressed the need to have common and consistent information. Commissioners said they didn’t need to make a motion to select a public information officer as they would trust in Mr. Kramer’s and Mr. Graham’s recommendation. Planning and Zoning Administrator Dan Studer joined the meeting at 11:45 a.m. Mr. Kramer said in March he’s planning on holding a shooter exercise for the new City of Bonners Ferry Police Chief, the high school principal and school district superintendent. Mr. Kramer also mentioned looking at holding a full scale exercise next year. Those present resumed discussing public information officers and it was said Dan Studer would also be a good candidate for public information officer if he is willing. David Sims, Mike Myers, Mike Weland, Dean Satchwell, John Moss, and Tony Rohrwasser were the names given to Commissioners as possibilities. Mr. Kramer said PIO’s don’t take the media away from talking to Commissioners. Commissioner Pinkerton he’s had limited experience with PIO’s and the concern is having so many people involved and having dissension of information. Mr. Kramer said use of PIO’s would be done on a per incident basis. Mr. Kramer mentioned a network for PIO’s. Commissioner Pinkerton suggested narrowing the PIO selection to one main person unless that person is out of town, but then to have a backup. Chairman Dinning asked if it would make sense to designate one main person with an alternate. PIO’s are typically brought in when there is an incident and it has to be cleared by the incident commander. Chairman Smith spoke of the Myrtle Creek fire and how the Forest Service had their own PIO who dealt with the media and the County PIO was able to step back. Mr. Graham said the Forest Service and Idaho Department of Lands were able to back off from everything except for the fire itself. The Myrtle Creek fire incident is a good example as the Forest Service has a full staff day and night and they provide a PIO on the fire only and the county’s PIO provided traffic and other information. Chairman Dinning said being that Boundary County is coming up on flood season there needs to be cooperation agreements with the Forest Service in place and he asked if Mr. Graham would check to see if those are in place. Mr. Kramer said he has a lot of confidence in all the choices for PIO and he thinks David Sims would be a good choice, but Mr. Sims would prefer to attend a training course. Mr. Kramer said he would like to send a couple people to PIO training so there is an alternate person. Mr. Kramer said he would still work with the North Idaho Public Information Network. The meeting with Mr. Kramer and Mr. Graham ended at 11:55 a.m. Commissioner Pinkerton moved to amend the agenda for today at 11:55 a.m., in order to meet with Planning and Zoning Administrator Dan Studer ahead of his normal meeting time as it’s time sensitive. Commissioner Kirby second. Motion passed unanimously. Mr. Studer said he has file folders on enforcement for Planning and Zoning that involves division of property and out of 10 incidents most were family splits and financing related so those issues have been cleared up. Mr. Studer said Idaho Land Sales does not have permits for the property splits to the north and west of Three Mile. There are also properties along Snow Creek and Lions Den Road with issues. There is a 20 acre parcel that was split with no subdivision or variance application and there could’ve been false representation of the sale of that property. This matter will be going forward, according to Mr. Studer. For the enforcement actions that look more serious, Mr. Studer said he would keep Commissioners informed. The meeting with Mr. Studer ended at 12:00 p.m. Commissioner Pinkerton moved to adopt Resolution #2013-14. A resolution to enter into a Municipal Lease Purchase Agreement with Panhandle State Bank for a 2012 Caterpillar Excavator Model 320EL, Serial No. WBK00621, with mulching head attachment for the Road and Bridge Department. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-14 reads as follows: RESOLUTION 2013-14 AUTHORIZING ENTERING INTO MUNICIPAL LEASE/PURCHASE AGREEMENT FOR A 2012 CATERPILLAR MODEL 320EL EXCAVATOR WITH MULCHING HEAD ATTACHMENT, SERIAL #WBK00621, FOR THE ROAD AND BRIDGE DEPARTMENT At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the 12th day of February, 2013, the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MUNICIPAL/GOVERNMENTAL LEASE-PURCHASE AGREEMENT NO. 20288509, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of Boundary County (“Lessee”) desires to obtain certain equipment (the “Equipment”) described in Governmental Lease-Purchase Agreement No. 20288509 (collectively, the “Lease”) with Panhandle State Bank (“Lessor”), the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with Lessor substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The Governing Body of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The Governing Body of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Lease. Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”), Lessee hereby specifically designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. Date: February 12, 2013 Lessee: Boundary County By: s/__________________________________ DAN R. DINNING Title: Chairman, Board of County Commissioners Address: P.O. Box 419, Bonners Ferry, ID 83805 Telephone: 208-267-7723 Facsimile: 208-267-7814 ATTEST: s/____________________________________ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Recorded as instrument #256470 Commissioner Pinkerton moved to adopt Resolution #2013-15. A resolution to enter into a Municipal Lease Purchase Agreement with Panhandle State Bank for a 2012 Caterpillar Model 906H2 Compact Wheel Loader, Serial No. JRF00564 for the Boundary County Airport. Commissioner Kirby second. Motion passed unanimously. Resolution #2013-15 reads as follows: RESOLUTION 2013-15 AUTHORIZING ENTERING INTO MUNICIPAL LEASE/PURCHASE AGREEMENT FOR A CATERPILLAR MODEL 906H2 COMPACT WHEEL LOADER, SERIAL #JRF00564, FOR THE BOUNDARY COUNTY AIRPORT At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws, on the 12th day of February, 2013, the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MUNICIPAL/GOVERNMENTAL LEASE-PURCHASE AGREEMENT NO. 20288510, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of Boundary County (“Lessee”) desires to obtain certain equipment (the “Equipment”) described in Governmental Lease-Purchase Agreement No. 20288510 (collectively, the “Lease”) with Panhandle State Bank (“Lessor”), the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with Lessor substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The Governing Body of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The Governing Body of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Lease. Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”), Lessee hereby specifically designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. Date: February 12, 2013 Lessee: Boundary County By: ____________________________________ DAN R. DINNING Title: Chairman, Board of County Commissioners Address: P.O. Box 419, Bonners Ferry, ID 83805 Telephone: 208-267-7723 Facsimile: 208-267-7814 ATTEST: s/____________________________________ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Recorded as #256471 There being no further business, the meeting adjourned at 12:01 p.m. /s/ DAN R. DINNING, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Clerk |