County commission minutes, February 25-26 |
March 27, 2013 |
*** Clerk Glenda Poston joined the meeting. Mr. Gutshall said Road and
Bridge started working at the top end of Mr. Gutshall resumed his discussion with Commissioners regarding his lease/purchase strategy. Mr. Gutshall presented Commissioners with a list of equipment the Road and Bridge Department maintains and repairs along with a list of his department staff and their duties. Mr. Gutshall said Road and Bridge equipment is on a five to seven year rotation and most of the equipment his department has is on its third year of rotation. Mr. Gutshall explained that he is aiming to decrease his Capital Equipment budget. Mr. Gutshall informed Commissioners the total number on his report represents payments. Mr. Gutshall discussed his past purchases and buyback options and explained that he is able to return one piece of equipment for $174,000. Mr. Gutshall spoke of his thought to return Grader G33 and mentioned that he had ran expenses for average annual ownership costs for work put into the equipment and paid under warranty. When the figures were added up between two graders the average cost was approximately $15,000 for the work that went into it. Mr. Gutshall said he would be ahead by getting rid of equipment at five years and he explained why. Chairman Dinning asked where Mr. Gutshall foresees the county being able to not have a payment. Mr. Gutshall said he doesn’t see there not ever being a payment. Mr. Gutshall said when he returns Grader 33 he is gaining $11,000 in addition to the buyback as he is able to return this grader with its original tires. Mr. Gutshall said he’s at a point where he would like to reduce the number of graders from four to three. Dust abatement has made a situation where grading is not needed as often. The biggest effect of having three graders would be to double shift if need be and winter time would be the most affected. Chairman Dinning said at least the plows can get the roads open. Mr. Gutshall said the excavator is the piece of equipment getting the most use. Chairman Dinning questioned if Western States/CAT would offer one more year of warranty coverage if the county retained a leased piece of equipment for seven years or would there have to be a new lease. Chairman Dinning said Commissioners and Mr. Gutshall will just keep talking this through. Commissioner Pinkerton asked how many pieces of equipment are due to be paid off this year. Mr. Gutshall said there is one piece of equipment to let go in March, which is Grader 33 and he would get $175,000 back. Commissioner Pinkerton discussed the issue of budget cuts and Mr. Gutshall said that’s why Grader 33 is not getting replaced. Mr. Gutshall said he’s let two positions go due to attrition and that is permanent. Those present discussed the scenario of having the Secure Rural Schools (SRS) funding reauthorized versus not. Courthouse Maintenance
Jerry Kothe joined the meeting at Mr. Gutshall said the last reason to trade in Grader 33 is that the money coming in can be used for as much road treatment as possible. Commissioner Pinkerton briefly mentioned taking $174,000 gained from Grader 33 and paying it back on the excavator. Mr. Gutshall said the warranty would still be good. The meeting with Mr.
Gutshall ended at Mr. Kothe met with Commissioners to provide a department report. Mr. Kothe presented a written report. Mr. Kothe’s report included mention of trimming the smaller trees along the Courthouse. Commissioners briefly reviewed the list of items needing maintenance by Mr. Kothe. Those present discussed looking into having the carpets cleaned in the Courthouse. Mr. Kothe said he has completed most tasks on his list with the exception of replacing the fawcett in the Extension Office, but it’s hard to find time as the Extension Office is often rented. The meeting with Mr. Kothe
ended at South Boundary Fire District Chief Tony Rohrwasser joined the meeting. Commissioner Kirby moved to
approve the minutes of Clerk Poston said she
doesn’t have the total valuation of the county
yet as far as determining the levy for the
Ambulance Service District. Chairman Dinning
said he recalled the statement the levy would
generate approximately $300,000 to $342,000.
Commissioners will have to make a budget call as
to how much funding to generate that first year.
Chairman Dinning explained that if the
Commissioners don’t levy the full amount that
first year, they will never be able to levy the
full amount. Chairman Dinning said it’s his
thought and in his discussions as far as the
current contract, Chairman Dinning said on
today’s agenda at 10:15 a.m., Commissioner Kirby moved to adjourn as the Boundary County Ambulance Service District Governing Board until March 18, 2013 and moved to reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Commissioners tended to administrative duties. Chief Rohrwasser said last year he brought in requests from property owners who wished to have their properties annexed into the South Boundary Fire District. Chief Rohrwasser explained that a step was missed in that the Fire District needed to first have a public hearing on this matter and that has since been done. Chief Rohrwasser said the minutes from that public hearing have been submitted for those three separate requests and a copy of the newspaper affidavit of that public hearing is also included. The letter of request to Commissioners includes parcel information and where the parcels sit on the map. Chief Rohrwasser informed Commissioners these parcels are not served by any other fire district. Chairman Dinning said in the minutes from year 2005 it states there needs to be a map generated. Assessor Ryals said it is a tax code area map and that map will come from the State Tax Commission. Assessor Ryals said Commissioners will need to send information such as the legal descriptions to the State Tax Commission and it was suggested to use the legal description from the deeds. Chairman Dinning said Commissioners could approve this matter subject to legal counsel review to make sure annexation is being done properly. Chief Rohrwasser said he has a letter from each property owner and Commissioners reviewed the information. Commissioner Kirby moved to approve the requests for annexation of properties into the South Boundary Fire Protection District from Damon and Leona Norman, Bruce Grobman and Violet and Jerry Davis subject to legal review by the county’s civil attorney. Commissioner Pinkerton second. Motion passed unanimously. The meeting with Chief Rohrwasser ended. Commissioners tended to administrative duties. Chairman Dinning said he wanted to start the discussion to figure out what takes place next in the matter regarding ambulance service. Chairman Dinning said not to blame anyone, but what has occurred in the past has no place now and he would like to know what can be done to move forward and to not have this matter drag on. Mr. Paulus reviewed the
list of BVA board members to include: Brian
Strong, himself, Pat Warkentin, Erika Denning,
and Dan Moore. Mr. Paulus said his board had a
meeting the other night and they reviewed things
that are needed as an ambulance service in order
to provide that service to the county. Mr.
Paulus said the board reviewed old notes and
contracts. From what is seen in the current
contract the county would like to have a Chairman Dinning said what had been missing was communication between the Board of County Commissioners and BVA. Commissioners wanted to have meetings with BVA in order to help BVA understand the county’s position. It was mentioned that a
representative from Chairman Dinning said the
Boundary County Board of Commissioners does not
have to be on the board and instead could
appoint a designee. Chairman Dinning said he
would draw the Boundary County Ambulance Service
District Governing Board off to side of Commissioner Pinkerton
mentioned Mr. Paulus’ position on the Hospital
Board, but that he hasn’t actually been
appointed by Mr. Johnson to be a designee.
Commissioner Pinkerton said the agreement
specifies a designee and that would need to be
on file as making decisions. There needs to be a
written confirmation on the designees. Chairman
Dinning said this new board will not be in place
until Chairman Dinning said before moving further and in thinking of the agreement, the county would like the Ambulance District to function without having to levy that amount every year. In the first year $80,000 has to be paid back to the Solid Waste Department so that amount comes right off the top that first year. The hope is to not have to levy for the next two years after that first year and to be able to function off that first year’s levy. Then on the fourth year the county will levy for the Ambulance Service District again. Chairman Dinning said those had been the discussions and he wants everyone to know what was discussed. The highest priority is looking at the agreement. Mr. Paulus said he also understands the county wants a five year budget from BVA and that has been put together. It was said BVA Treasurer Edna Runyan is to provide the current budget and five year plan. Chairman Dinning said the county cannot commit to a five year plan as Commissioners can’t encumber the next Board of County Commissioners and that is per Idaho Code. Commissioner Kirby said Commissioners cannot sign the contact without an exit clause. Mr. Paulus said one of BVA’s concerns as a Board is they have to have a budget and they had sat down to propose a budget for the next years. Commissioners said they would try to accommodate that to best of their ability. Mr. Baker explained that
various counties operate and manage their
ambulance service districts differently. Mr.
Paulus spoke of wanting to clean up the
perception of BVA. BVA wants to work with Chairman Dinning said in
looking at tax deeding, tax cancellations and President Baker said he
would put together a presentation as to what’s
required of an ambulance service and associated
expenses. President Baker said the county needs
to decide what kind of service it wants such as
if the county is okay with basic life support (BLS)
and the possibility it could take one half hour
to get to someone in need. Chairman Dinning
spoke of possible legislative changes such as
losing Chairman Dinning asked that BVA’s board come to Commissioners with a date to start discussing a contract. Commissioners and Mr. Paulus scheduled a date to meet. The meeting with Mr. Paulus
and Mr. Baker ended at Mr. Johnson said the Hospital ended the year in the red, but that’s counting depreciation and bad debt otherwise finances would be in the black. January 2013 was a good month for the Hospital. Late in year 2013 the Hospital will start the computerized management portion of the Meditech System, which is the last piece of the program. Mr. Johnson gave a brief explanation of the Meditech System for computerized health records. Mr. Johnson spoke of the
physicians on staff. Chairman Dinning asked if
it would be feasible to hire a physician just
starting out and Mr. Johnson said that’s why did
the Hospital entered into a venture with Chairman Dinning asked if BVA has worked out a training schedule with Dr. Willis and Mr. Johnson said Dr. Willis has been doing some training. Mr. Johnson said for emergency medical service the county will get there, but it needs to be done the right way. Mr. Johnson informed Commissioners the Hospital Board of Trustees meetings are usually the 4th Friday at noon. The meeting with Mr. Johnson and Mr. Koon ended at 11:55 a.m. Commissioner Pinkerton moved to sign the letter of support for the Boundary County Youth Crisis and Domestic Violence Hotline in their efforts to obtain a grant as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously. 12:00 p.m., There being no further business, Commissioners recessed until tomorrow at 9:00 a.m. ***Tuesday, February 26, 2013, Commissioners met in regular session with Chairman Dan R. Dinning, Commissioner LeAlan L. Pinkerton, Commissioner Walt Kirby and Deputy Clerk Michelle Rohrwasser. 9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Treasurer Jenny Fessler, Solid Waste Superintendent Claine Skeen, Clerk Glenda Poston, Assessor Dave Ryals, Courthouse Maintenance Jerry Kothe, County Noxious Weeds Superintendent Duke Guthrie, Road and Bridge Superintendent Jeff Gutshall, Extension Office Educator Carol Hampton, Chief Probation Officer Stacy Brown, Prosecutor’s Office Manager Tammie Goggia, Chief Deputy Clerk Tracie Isaac, and Planning and Zoning Administrator Dan Studer. Chairman Dinning thanked those present for their participation in the Idaho Counties Risk Management Program (ICRMP) training as it resulted in a 5% discount in the county’s insurance. Chairman Dinning discussed the legislation surrounding the potential loss of personal property tax. Chairman Dinning said he doesn’t know anything yet, but the Idaho Association of Counties (IAC), the Governor’s Office and school districts are in negotiation to figure something out that won’t harm counties. There will be a legislative update this afternoon on this and anyone is welcome to attend. Budget information will be sent out to the county departments mid April and are due back to the Clerk by May 20, 2013. Chairman Dinning asked those present to be as conservative with their budgets as possible and as the county goes forward Commissioners don’t know if Secure Rural Schools funding will be reauthorized. The thought is the Senate had voted to reauthorize this funding, but it isn’t yet known what will happen in the House. Clerk Poston said Secure Rural Schools funding came in at 1.2 million dollars, which is shared between the Road and Bridge Department and the school district. The school district receives approximately 30% of Secure Rural Schools funds. Chairman Dinning said each county department has a page on the county’s website, but in the past each office hadn’t been able to individually update their own webpage and Commissioners are trying to change that. Dan Studer and Gary Falcon have put time into working on this so Commissioners would like each office to learn from them how to update their webpage. Chairman Dinning reiterated his appreciation in that all county departments get along with each other as has not been the case in other counties. Chairman Dinning asked those present to never hesitate approaching Commissioners about anything or about suggestions they have. Chairman Dinning said Commissioners have to make decisions for everyone so don’t be afraid to approach them. Assessor Ryals questioned who to approach with questions about the Courthouse telephone system as it had been Ron Sukenik who dealt with this in the past. Clerk Poston said this task is listed on the new job description for the bailiff and interviews for this position will take place tomorrow. Chairman Dinning provided a brief update on the county’s civil attorney and said that Attorney Phil Robinson is able to handle questions on smaller routine matters. Commissioners reminded those present that any maintenance matters for Mr. Kothe can be left with Commissioners who will forward it on to Mr. Kothe. Mr. Kothe discussed the issue involving hot water in the restrooms and he said there isn’t enough power to heat more water. Clerk Poston said the school district election is on March 12th and her staff has been to election training. Chief Deputy Clerk Tracie Isaac briefly mentioned providing Commissioners with the report for vacation time overage. Mr. Guthrie informed Commissioners he was awarded a $20,000 grant so he will work on that. This is Title II funding, according to Mr. Guthrie. The elected officials/department heads meeting ended at 9:25 a.m. Chief Deputy Clerk Tracie Isaac and Clerk Poston remained after the meeting to discuss the reports of vacation overage incurred by county employees. The allowed maximum amount of vacation hours on the books is mentioned in the County’s Personnel Policy and this policy hasn’t changed in many years. Commissioner Pinkerton asked if employees are asked to plan vacations ahead of time. Chairman Dinning said if the employee has not been allowed the opportunity to use their vacation time, that is a different situation. If the employee can’t use vacation hours due to circumstances beyond their control, the county could be liable for those hours. 9:37 a.m., The Restorium Department status report was cancelled as the Restorium Administrator did not show up. Those present continued the discussion of excess vacation hours not used by a certain date. The meeting with Chief Deputy Clerk Isaac and Clerk Poston ended at 9:45 a.m. Commissioner Pinkerton moved to approve the minutes of February 11 & 12, 2013 and February 18 & 19, 2013. Commissioner Kirby second. Motion passed unanimously. Commissioner Pinkerton moved to cancel year 2012 taxes totaling $64.14 and penalties totaling $10.68 for parcel #PP62N02E187652A as the business closed in year 2010. Commissioner Kirby second. Motion passed unanimously. Treasurer Jenny Fessler joined the meeting to inform Commissioners of a tax matter involving a possible hardship. Commissioner Kirby moved to grant an extension of time to pay year 2012 taxes for parcel #MH65N01W350752A until on June 20, 2013. Commissioner Pinkerton second. Motion passed unanimously. Treasurer Fessler left the meeting at 9:50 a.m. 10:00 a.m., Planning and Zoning Administrator Dan Studer joined the meeting to discuss Planning and Zoning related matters. Mr. Studer spoke of land split matters, the letters to property owners he had sent and how some property owners have not been responsive. Mr. Studer discussed one issue with Idaho Land Sales and Chairman Dinning asked Mr. Studer to contact the county attorney to clarify the proper steps to take. Mr. Studer discussed an
issue with a property previously listed for sale
on the Mr. Studer suggested the two lots be deemed buildable. Chairman Dinning asked Mr. Studer to keep the written information on this matter. Commissioner Pinkerton said he’s concerned because the property grew so whose land does it include. Those present reviewed a small map provided by Mr. Studer. Mr. Studer said he would like Commissioners to approve his decision. Mr. Studer said his information to the property owner is that the property is a non-conforming parcel that was purchased and it is not buildable, but in this instance the solution would fix the readjustment of acreage. Mr. Studer said he just wanted Commissioners to be informed of what is going on. Mr. Studer said these issues need to be addressed with the realtors as these descriptions are not acceptable. Mr. Studer said he would type something to have on file explaining that after review and timeline of events, the splits were not allowed, but now upon the advice of the county, the property has now been deemed a buildable lot. Chairman Dinning suggested Attorney Phil Robinson review the matter. Mr. Studer said false representation is a misdemeanor. The meeting with Mr. Studer ended at 10:20 a.m. 10:25 a.m., Deputy Clerk Nancy Ryals joined the meeting. Commissioner Kirby moved to accept the assignment to the Catastrophic Health Care Program as follows: Indigent accounts 2011-30 and 2011-49 at 86.97%, indigent account 2012-17 at 82.34%, indigent account 2012-32 at 87.33%, indigent accounts 2012-21 and 2012-26 at 95.56%, and indigent account 2012-36 at 30.61%. Commissioner Pinkerton second. Motion passed unanimously. Deputy Clerk Ryals left at 10:30 a.m. Commissioners tended to administrative duties. 10:40 a.m., Commissioner Kirby moved to go into executive session under Idaho Code #67-2345(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 11:00 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. 11:00 a.m., Bonners Ferry Herald Reporter Laura Roady, property owner Mike Oehler and Eric Grace with Kaniksu Land Trust in Sandpoint joined the meeting. Mr. Oehler met with
Commissioners to discuss offering his property
to the county in the future for the purpose of
being used as a park and to maintain the
underground houses and trees. Mr. Oehler said he
would like the property to keep its old growth
trees. This property consists of 45 acres in the Commissioner Kirby said Mr. Oehler said he would like a crew of three couples to take over the land. The land has to be thinned for fire purposes as he thinks the big fires will come through again. Mr. Oehler said he would like to have something so kids can see an old growth forest and the property is at that stage now. Chairman Dinning said Mr. Oehler was going to give some further thought to what he wanted the county to do. Mr. Oehler said he doesn’t want the old growth cut and he wants the houses preserved. Mr. Oehler said he would like to see a mini village on the property such as houses made of other materials such as straw bales, rammed earth, sand tubes, sand sacks, cob houses and six other possible materials. Mr. Oehler said he had suggested the county or people who will take the land receive income from renting out the houses on the land. Chairman Dinning said he’s sure the county’s insurance carrier would not think it was a normal government function for a county to own rental property. Chairman Dinning said it may be better to keep government out of this because sometimes when governments own property all kinds of restrictions can be placed that will keep the goal from being realized. Chairman Dinning said he doesn’t think government will be able to do a lot of what Mr. Oehler is requesting. Mr. Grace said he’s just tying to get Mr. Oehler’s wishes accomplished. Commissioner Pinkerton said he thinks it’s a wonderful thing to think outside of the box for a wonderful use of property. Commissioner Pinkerton said he also agrees with Chairman Dinning about the restrictions and added that the ideas Mr. Oehler has could be a good opportunity for a college to use as research. The property could be used for engineering studies and could also bring in tourism. Commissioner Pinkerton said he thinks it’s an honorable thing and he applauded Mr. Oehler. Commissioner Pinkerton said the county doesn’t have that kind of funding to go forward, but maybe a university could be a sponsor for this type of event and that brings the county, by default, to benefit from it. Mr. Oehler said he’s still
interested in doing this experimental village in
a specific area, but he knows there are
restrictions for dwellings on the property.
Chairman Dinning mentioned cluster development
and explained what would be allowed, but in
doing that it would limit the rest of the
property, but it allows for the concept of
keeping the structures closer together. Chairman
Dinning said Commissioner Pinkerton had a good
idea with colleges and researchers. Commissioner
Pinkerton said he feels that would go a long way
and a lot of time has been spent on this. Mr.
Oehler said that is a good idea and he would go
to the Mr. Oehler informed Commissioners of an issue he will have with an expected delivery due to spring break up and road closures so Commissioners will have Road and Bridge Superintendent Jeff Gutshall contact Mr. Oehler about a permit. The meeting with Mr. Oehler ended at 11:50 a.m. Commissioners recessed for lunch at 11:50 a.m. 1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby and Deputy Clerk Michelle Rohrwasser. 1:30 p.m., Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 1:50 p.m., Commissioner Pinkerton moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously. Commissioner Kirby conducted the quarterly jail inspection of the Boundary County Jail. Commissioners tended to administrative duties. 3:30 p.m., Commissioners participated in a legislative conference call. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Treasurer Jenny Fessler, Assessor Dave Ryals, the elected officials from the five northern counties, Fremont County Clerk Abbie Mace, and Tony Poinelli and Seth Grigg from the Idaho Association of Counties. Those participating in the conference call discussed matters to include oversize truck permits, oversees electors, Board of Commissioner boundaries, personal property taxes, rights-of-way, emailing assessment notices, and annexations and de-annexations from fire taxing districts. The legislative conference call ended at 4:10 p.m.
There being no further business, the meeting adjourned at 4:15 p.m. /s/ DAN R. DINNING, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Clerk |