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***Monday,
December 23, 2013,
Commissioners met in regular session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m.,
Road and Bridge Superintendent Jeff Gutshall
joined the meeting to give the departmental
report.
Commissioner Pinkerton moved to grant an
extension of time to pay taxes for year 2013
until March 3, 2014 for parcel
#MHM0130000022VA. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to grant an
extension of time to pay for year 2013 until March 3, 2014 for parcel #MHM0130000016VA.
Commissioner Kirby second. Motion passed
unanimously.
Mr. Gutshall asked about financing for the new
grader. Chairman Dinning said Commissioners are
still waiting to receive approval in writing
from the county’s attorney, although they have
received verbal approval from him.
The meeting with Mr. Gutshall ended at
9:10 a.m.
Commissioner Kirby moved to ratify
Commissioners’ motion made on
Friday, December 20, 2013, to adopt
Resolution 2014-7. A resolution pertaining to
the matter of the FFY 2013 election for National
Forest Related Safety-Net Payments. Commissioner
Pinkerton second. Motion passed unanimously.
Resolution 2014-7 reads as follows:
RESOLUTION NO. 2014-7
BEFORE THE BOARD OF COMMISSIONERS
FOR
BOUNDARY
COUNTY
In the Matter of the FFY 2013
)
Election for National Forest
)
Related Safety-Net Payments
)
WHEREAS, Congress enacted in 1908 and
subsequently amended a law that requires that
twenty five percent (25%) of the revenues
derived from National Forest lands be paid to
the states for use by the counties in which the
lands are situated for the benefit of public
schools and roads; and
WHEREAS, the principal source of revenues
from National Forest lands is from the sale and
removal of timber, which has been curtailed in
recent years with corresponding decline in
revenues shared with counties; and
WHEREAS, the United States Congress
recognized a need to establish education and
road maintenance funding through predictable
payments to the affected counties, and to
achieve that goal enacted the Secure Rural
Schools and Community Self-Determination Act of
2000, which was amended and reauthorized for FFY
2008 - 2011 and again for FFY 2012; and
WHEREAS, the United States Congress has
reauthorized the
Secure
Rural
Schools
and Community Self-Determination Act for FFY
2013 (“SRS2013”); and
WHEREAS, Title I of SRS2013 gives each
eligible county the right to elect to receive
either its traditional share of revenues from
the National Forest lands pursuant to the Act of
May 23, 1908 and Section 13 of the Act of March
1, 1911 (the “25-percent payments”), or instead
to receive a guaranteed minimum share of the
State payment pursuant to Sections 102(a)(1)(B)
(the “full county payment amount”); and
WHEREAS, an election to receive the full
county payment amount is effective for FFY 2013
for expenditure thereafter; and
WHEREAS, an election to receive the full
county payment amount is effective for all FFY
2013; and
WHEREAS, any county electing to receive a
full county payment amount that is $100,000 or
more must further elect to expend an amount not
less than fifteen percent (15%) nor more than
twenty percent (20%) of its full payment amount
as project funds; and
WHEREAS, Title I, Section 102(d) of SRS2013
requires that counties electing to receive a
full county payment amount of one hundred
thousand dollars ($100,000) or more must
allocate its project funds between projects in
accordance with Title II and Title III, and
return the balance of project funds unspent
under Titles II and Titles III to the Treasury
of the United States, and communicate such
allocation to the Secretary of the United States
Department of Agriculture; and
WHEREAS,
Title II provide for special projects on federal
lands that benefit resources on federal lands,
which projects are recommended by local resource
advisory committees (“RACs”); and
WHEREAS,
RACs recommend projects for consideration by the
Secretary of Agriculture, with project funding
supplied in whole or in part out of monies
allocated for such purposes by participating
counties; and
WHEREAS,
counties that allocate funding to projects under
Title II, and are participants in more than one
RAC, may further direct that their Title II
project funds be divided between different RACs
according to an allocation decided by each
participating county, with such funds held in
the Treasury of the United States under the name
of the county with a designation of the amount
to each RAC; and
WHEREAS,
Title III provides for county projects, some of
which are associated with federal lands, with
Title III authorizing expenditures for search,
rescue and emergency services, fire prevention
and planning under the Firewise Communities
program, and development of community wildfire
protection plans; and
WHEREAS, a county with a full county payment
amount of three hundred fifty thousand dollars
($350,000) or more may not allocate more than
seven percent (7%) of its full county payment
amount for Title III projects.
NOW, THEREFORE, be it resolved as follows:
1.
Boundary
County
elects to receive the guaranteed minimum full
county payment amount of its share of the Idaho
SRS2013 payment.
2.
Boundary
County
has elected to receive a full county payment
amount that is one hundred thousand dollars
($100,000) or more, and hereby allocates 15% of
its full county payment amount for expenditure
on project under Title II and Title III.
Boundary
County
will return zero percent (0%) of its full county
payment amount to the Treasury of the
United States.
3.
Of the percent allocated to Title II and Title
III projects above in paragraph two (2),
Boundary County further allocates between such
Titles for FFY 2013 (for expenditure after FFY
2013) on the following basis: 15% of the full
county payment amount for expenditure on Title
II projects and 0% of the full county payment
amount for expenditure on Title III projects.
4.
A copy of this Resolution shall be transmitted
to Seth Grigg of the Idaho Association of
Counties (“IAC”) at
sgrigg@idcounties.org
by
December 20, 2013.
ADOPTED this 19th day of December,
2013.
BOUNDARY
COUNTY
BOARD
OF COMMISSIONERS
By:
_________________________________________
Dan R. Dinning, Chair
By:
________________________________________
LeAlan L. Pinkerton, Commissioner
By:
________________________________________
Walt Kirby, Commissioner
ATTEST:
s/_______________________________
Glenda Poston, Clerk
Recorded as instrument #259632
Commissioner Pinkerton moved to approve
financing through Panhandle State Bank for a
2013 Caterpillar 140M2 AWD Motor Grader for the
Road and Bridge Department. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Kirby moved to cancel the tax deed
hearing for parcel #RP62N01E123400A owned by
Mike and Laura Knuutti. Commissioner Pinkerton
second. Motion passed unanimously.
Commissioner Kirby moved to ratify the motion to
sign the Federal Aviation Administration Request
for Reimbursement documents for the LaVern and
Eunice Dinning property. Commissioner Pinkerton
second. Motion passed unanimously.
Commissioner Kirby moved to approve the minutes
of
December 2, 2013 and
December 9, 2013. Commissioner
Pinkerton second. Motion passed unanimously.
Commissioners and Clerk Poston reviewed the
agenda for the Idaho Association of Counties
midwinter conference.
9:30 a.m.,
Courthouse Maintenance Jerry Kothe joined the
meeting to give his departmental report. Mr.
Kothe did not present a written report. Mr.
Kothe spoke of clearing snow, the gas leak that
Avista and the City of
Bonners Ferry have been
tending to, continually replacing the valve
controllers on the office heaters, moving old
county records, and purging old claims. Mr.
Kothe and Commissioners discussed the gas leak
that occurred near the Courthouse.
The meeting with Mr. Kothe ended at
9:40 a.m.
9:45 a.m.,
Airport Manager Dave Parker joined the meeting.
Commissioners informed Mr. Parker that
reimbursement has come in for the LaVern Dinning
property. Chairman Dinning mentioned Bob
Blanford suggested taking down two problem trees
on the Dinning property by the Federal Aviation
Administration’s (FAA) deadline of January 6, 2014. Mr. Parker said the
FAA will mark the worst trees and then it’s the
county’s responsibility to determine other
problem trees. Chairman Dinning suggested taking
the trees down that have been identified by the
FAA. Commissioners informed Mr. Parker the mills
are not taking in logs for about two weeks.
Commissioners said they will meet the deadline
on those three trees, but not the rest. One of
the trees is on the speed property, but Chairman
Dinning said Mr. Blanford talked to Ms. Speed
and she didn’t have a problem with the tree
being taken down. Commissioner Pinkerton said
it’s a good faith effort that the county has
taken the identified trees down and to state the
county’s intention is to deal with the future
issues and to give a specific date in which
those issues will be addressed. Chairman Dinning
said from the county’s perspective it will take
some time, but Commissioners need to get those
initial three trees on the ground. It was said
someone will need to get approval in writing
from Ms. Speed in regards to removing one of the
trees that is on her property.
Those present discussed the fact that the
demolition plan had to be in place in order to
receive grant reimbursement. Commissioners said
they have to have a plan in place prior to the
Merrifield acquisition, according to Gary Gates
at the FAA. Mr. Parker said the county will only
receive partial reimbursement until the
demolition plan has been presented.
Commissioners and Mr. Parker discussed matters
related to demolition. Chairman Dinning said due
to legal description issues that have come up
the county will probably need a survey as they
had to get a deed from Ms. Speed to correct the
legal description.
Chairman Dinning informed Mr. Parker that
Commissioners spoke to Mr. Gates to check the
status of the airport land acquisition matters.
Chairman Dinning also discussed the need to
honor the original closing date of early
December as far as property tax relief for the
Merrifields and the Stolleys.
Mr. Parker mentioned that he has come across an
old logging contract that could be used for
logging on the former Dinning property.
Commissioners said they have a more recent
contract that can be used.
The meeting with Mr. Parker ended at
10:05 a.m.
10:05 a.m.,
Commissioners held a surplus county vehicle
auction. Present were: Chairman Dan Dinning,
Commissioner LeAlan Pinkerton, Commissioner Walt
Kirby, Clerk Glenda Poston, Deputy Clerk
Michelle Rohrwasser, Road and Bridge
Superintendent Jeff Gutshall, Londa Furman, and
Blue Sky Broadcasting Reporter Mike Brown. The
auction was recorded.
County surplus vehicles up for auction were as
follows: 1986 Chevrolet 1 ton, 4x4 pickup truck,
Vin#1GBJK34W7GS179798; 1987 Chevrolet ¾ ton, 4x4
pickup truck Vin#1GCCV24K3HJ124129; 2000 Dodge ¾
ton, 4WD pickup truck, Vin#1B7KF23W1YJ156993;
1999 Ford Expedition, 4WD, Vin#1FMRU1867XLB92337
and a 1994 Saturn, 2 door,
Vin#1G8ZF1593RZ289087. The auction was recorded.
The highest bidders are as follows: Mike Gorg
with a bid of $600 for the 1986 Chevrolet, Alan
Stippich with a bid of $851 for the 1987
Chevrolet, Londa Furman with a bid of $2,120.50
for the 1994 Saturn, Bob Magee with a bid of
$150 for the 1999 Ford Expedition, and Terry
Johnson with a bid of $1,301.26 for the 2000
Dodge ¾ ton. All bidders will be notified of the
results.
The sealed bid vehicle auction ended at
10:20 a.m.
Commissioners tended to administrative duties.
Boundary Economic Development Specialist David
Sims and Susan Kiebert with Community
Transportation Association of Idaho (CTAI)
joined the meeting to discuss establishing a
senior transportation program in Bonners Ferry.
Also present were Bonners Ferry Herald Reporter
Laura Roady, Restorium Board members: Jeannie
Robinson, Wilma DeVore, and Board Chairman Larry
Dirks; Restorium Administrator Karlene Magee,
and Blue Sky Broadcasting Reporter Mike Brown.
Commissioners said they previously had requested
a plan be drafted for the senior transportation
program and they have not yet heard from the
county’s attorney yet, but they do not have a
problem with grant itself. Mr. Sims said the
question comes down to the employee and who
would be supervising them. Chairman Dinning said
Commissioners don’t want to put more of a load
on the Restorium, and he asked if there is any
avenue that someone like Mr. Sims could oversee
the program, but have the Restorium work out the
finances. Mr. Sims said it would be fine as long
as it’s okay with his Economic Development (EDC)
Board. Ms. Kiebert said she has developed a
fairly detailed job description for the future
employee and could also provide free technical
assistance to the county as the system is
getting started. The manager of the Selkirk Pend
Oreille Transit “SPOT” bus has offered to help
set up the system as well. Mr. Sims asked if
there would be an issue with the employee being
a county employee, and Chairman Dinning
mentioned the concerns of working a part time
employee to the limit of 30 hours. Clerk Poston
questioned if this position is going to be
advertised. Chairman Dinning said he feels this
position should be advertised.
Ms. Kiebert said she feels the sustainability
issue of the program needs to be worked out
before attempting to apply for 5311 grant funds
for year 2015. Mr. Sims said he will schedule a
meeting with the EDC board. Chairman Dinning
asked if there is a percentage of funding for
the administrative costs. Ms. Kiebert said she
feels the Idaho Transportation Department (ITD)
and the Area Agency on Aging is very supportive
of this program and driver training and computer
training will be absorbed by (CTAI.)
Commissioner Kirby moved to authorize the
Chairman to sign the contact with the Area
Agency on Aging in regards to the senior
transportation program, subject to approval of
the county’s attorney. Commissioner Pinkerton
second. Motion passed unanimously.
Those present discussed the duration of public
notice of the new job position at the Job
Service Office and to have the job description
reviewed by the Personnel Classification
Committee.
The meeting with Ms. Kiebert and Mr. Sims ended
at 10:46 a.m.
Deputy Clerk Nancy Ryals joined meeting at
10:46 a.m. Clerk Poston left meeting.
Commissioner Pinkerton moved to deny indigent
application 2014-04. Commissioner Kirby second.
Motion passed unanimously.
11:00 a.m.,
Mike Pierce with Oath Keepers joined the meeting
to discuss whether or not there is a firearms
policy for the Extension Office. Mr. Pierce
explained what the Oath Keepers Association is
about and that the group has just starting
holding their meetings in Bonners Ferry. There
has been a meeting in the Extension Office and
following that Mr. Pierce said he received an
email about the concern of firearms in the
Extension Office, but it wasn’t from the
Extension Office staff. Mr. Pierce said he
wasn’t aware that the Extension Office was an
extension of the Courthouse.
Chairman Dinning said he knows there is
prohibition of firearms in the Courthouse, but
Commissioners really hadn’t discussed the
Extension Office. Mr. Pierce said his meetings
are the second Friday evening of each month
starting at 6:30
p.m. Chairman Dinning said one of the
county’s biggest concerns is the use of the
Extension Office for court purposes when someone
can’t make it up the stairs. Chairman Dinning
said as of right now he doesn’t think there is a
written policy for the Extension Office and he
briefly asked why a firearm would be needed for
meetings in the Extension Office. Commissioner
Pinkerton said firearms are the choice of the
person, not whether or not they are needed.
Commissioner Pinkerton said naturally there is
the issue of courtrooms not allowing guns.
Commissioner Pinkerton said for after hours
meetings there should be no bearing for firearms
as are we going to consider this a Courthouse
building 24/per day. Chairman Dinning said if
the Extension Office is going to be used as a
courtroom, someone can put a sign on the door to
that effect. Mr. Pierce said he started out just
looking for an answer about firearms one way or
another and he looked through various records
and learned someone cannot carry a concealed
weapon in a courtroom.
Commissioner Pinkerton discussed a person’s
responsibility to find out whether or not there
is going to be court if they are going to carry
a weapon and other related matters. Mr. Pierce
with the process at the Extension Office in
place now, he can sign in for a specific time
and during that time frame he could move his
meeting ahead and reserve that time, if need be.
Mr. Pierce said the Oath Keepers meetings are in
the evenings and are set out two months in
advance so the next meeting is set for January
10th at 6:30 p.m. Chairman Dinning
said sometime during normal scheduled business
hours weapons would not be wanted such as
between 8:00 a.m. and 5:30 p.m., but they could
be allowed for evening meetings. Commissioner
Pinkerton said to just make it clear that if
it’s outside of regular business hours, there is
no issue with firearms. Chairman Dinning
mentioned holding the gun show at county’s
fairgrounds. Commissioners said they didn’t have
an issue with firearms being present during
evening meetings. Mr. Pierce said he certainly
doesn’t want any issues to come up so that is
why he was looking for an answer.
Chairman Dinning said he would notify the
Extension Office employees of what Commissioners
have decided.
The meeting with Mr. Pierce ended at
11:15 a.m.
Clerk Glenda Poston joined the meeting.
Commissioners and Clerk Poston briefly discussed
increasing internet speed for the Courthouse.
11:20 a.m.,
Sheriff Greg Sprungl and Chief Deputy Sheriff
Rich Stephens joined the meeting.
11:30 a.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.
12:10 p.m.,
Commissioner Pinkerton moved to go out of
executive session. Commissioner Kirby second.
Motion passed unanimously. No action was taken.
There being no further business, the meeting
adjourned at 12:10
p.m.
/s/
DAN R.
DINNING, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk
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