County commission minutes, December 23-24

January 7, 2014

***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