County commission minutes, January 14-15 |
| January 30, 2013 |
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***Monday, January 14, 2013, 9:00 a.m., the newly elected officials met for the swearing in ceremony in the lobby of the Courthouse. All newly elected officials were sworn into office. Clerk Glenda Poston administered the oath of office to Commissioner Dan R. Dinning and newly elected Commissioner LeAlan L. Pinkerton. 9: Commission Chairman Dan Dinning administered the oath of office to Sheriff Greg Sprungl and Prosecutor Jack Douglas. 9:45 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser. Clerk Glenda Poston, Terry and Donna Capurso, Jane Kirby, and Sonny and Connie DeCoe-Munier joined the meeting. Commissioner Pinkerton asked how many employees the Road and Bridge Department had and Mr. Gutshall said he has 18 employees. Mr. Gutshall explained that some of his department’s mechanics can also operate equipment. Mr. Gutshall said normally he doesn’t have his mechanics operate machinery unless there is an event as there is always a backlog of work for them, and he explained that any mechanical work done to the county’s vehicles and equipment is done by Road and Bridge. Mr. Gutshall said during the summer he has a three man crew working the crusher, there are at least two to three different road work sites going and the crusher is making gravel. Mr. Gutshall invited Commissioner Pinkerton to take a tour of the Road and Bridge shop. Chairman Dinning spoke of
the section of Mr. Gutshall discussed the coordination efforts between the school district’s buses and the Road and Bridge Department in relation to plowing snow. The school’s transportation coordinator understands what Road and Bridge is up against, according to Mr. Gutshall. A sand truck can’t run ahead of every school bus and the school buses will have to put on their chains once in a while, Mr. Gutshall was told. Mr. Gutshall said when the school district hired the new superintendent he met with him to explain this situation. The decision to close schools is made long before Road and Bridge is ready to go to work, according to Mr. Gutshall. The matter of the loader for the airport worked out well and it was a good move, according to Mr. Gutshall. Mr. Gutshall said for the county to not be under warranty is not an option for some pieces of equipment, but this loader will not have those same issues. Mr. Gutshall said James Jordan with Western/States CAT has even discouraged consumers from obtaining an extended warranty on the smaller pieces of equipment. Mr. Gutshall discussed the Deep Creek Loop Phase III Project with Commissioners. Mr. Gutshall said this project has federal aid money that has been set aside. Mr. Gutshall explained the various projects. These projects all have a local match rate of 7.34% and the rest consists of federal funding. The county competes hard for these projects as the money can go to fix any road in the state. Commissioner Dinning said for clarity that the Deep Creek Loop Project is for phase III. Mr. Gutshall said under the
stimulus program Commissioners asked for figures. The total project estimate is $1,977,000 and the local match is $145,111. Mr. Gutshall said he’s requested the project to take place in year 2016. Preliminary engineering will cost approximately $200,000. It was said when the project gets to the construction phase and the 1.5 million dollars is requested is when the 7.34% is calculated and the State/Local Agreement comes into play. Those present briefly
mentioned the bridge replacements that have
taken place. One Mr. Gutshall discussed the
paperwork for the Mr. Gutshall and Commissioners briefly discussed equipment finance agreements. Panhandle State Bank will probably agree to the same financing terms as Western States/CAT for the airport’s snow removal equipment. Mr. Gutshall explained how equipment finances work and how it is better now as far as equipment finances than they had been before. Mr. Gutshall explained the buyback offer and how that is credit to another machine. The Secure Rural Schools (SRS) is about half of the Road and Bridge budget. Mr. Gutshall said Road and Bridge has not replaced two positions left vacant by attrition and Road and Bridge is going to return a grader as well. Mr. Gutshall said he wants to get payments down to $12,000 on an excavator and that term will extend to year 2020. Commissioner Pinkerton asked how much a buyback is and Mr. Gutshall said this is Western States/CAT buying the equipment back from the county. Mr. Gutshall said CAT does make money on used equipment. The buybacks are included in the bidding process and the reason to turn the equipment back in is due to the warranty, according to Mr. Gutshall. Commissioner Pinkerton questioned why return the equipment if other people are asking for them. Mr. Gutshall explained that Road and Bridge had a grader that would suddenly stop every once in awhile and it would stop right in the middle of the highway. The meeting with Mr.
Gutshall ended at Mr. Kothe said he has
cleaned gutters and removed ice, and the Godwin
House has been cleared of snow. Mr. Kothe said
he has checked with the City of Mr. Kothe mentioned the issues with contractors being able to carry workers compensation insurance. Clerk Poston asked Mr. Kothe to have Mr. Prentiss of Badger Plumbing contact her office. Commissioner Dinning said he would like to keep the work local. Mr. Kothe said yesterday he stopped by the courthouse and learned the boiler had been off so there had been no power to the boiler. The two main fuses in the box and panel have been changed. The emergency stop button that is located right around the corner from the door had been accidentally bumped so it just had to be reset. Mr. Kothe resumed with the remainder of his department report. Mr. Kothe said a new piece of plywood should be placed underneath the heater. The parking lot to Memorial Hall has been plowed. Mr. Kothe said he will take a day off then come in over the weekend to paint the downstairs lobby. Mr. Kothe said there is no hot water shutoff on the hot water heater, but that is not unusual. There are four valves that need to be shut off and a new ball valve installed. Commissioner Dinning mentioned the county needs someone to work on checking fixed assets. Deputy Clerk Chris Wolfe can produce a list of the county’s inventory for the county to randomly audit a department. Mr. Kothe was asked to take on that task. Mr. Kothe mentioned that he needs storage for the county’s surplus property because with the ambulance unit in the shop, there is no room to store any surplus property. Mr. Kothe left the meeting
at Those present addressed advisory board appointments. Commissioner Kirby moved to reappoint Gini Woodward to the Community Guardian Board with a term to expire January 2017. Commissioner Pinkerton seconded. Motion passed unanimously. Commissioner Kirby moved to appoint Dyan Hitch to the Community Guardianship Board replacing Jan Allen with a term to expire January 2017. Commissioner Pinkerton seconded. Motion passed unanimously. Commissioner Kirby moved to reappoint Glenda Poston, Rob LePoidevan and Gayle Alexander to the Boundary County Fair Board with terms to expire January 2015. Commissioner Pinkerton seconded. Motion passed unanimously. Commissioner tended to administrative duties. Airport Manager Dave Parker
joined the meeting at Mr. Parker informed Commissioners that the front end loader had been delivered and a blade will be put on. Mr. Parker said the loader came with a 1.6 yard bucket so it’s a bit bigger than the model he had tried. It’s the smallest front end loader that CAT makes. Dave Walter with Panhandle State Bank will match CAT’s financing terms, according to Mr. Parker. Mr. Parker explained that
there are properties at the north and south end
of the airport, which is also the departure path
so the instrument approach is basically
compromised. Mr. Parker said the issue needs to
be addressed so either the trees on these
parcels need to be removed, which isn’t
landowner friendly, or the county needs to make
an offer to purchase these properties. A grant
for federal funds has been sought so an offer
can be made to these property owners. In most
cases the property owners had been willing
sellers, according to Mr. Parker. An
environmental assessment had been done last fall
and the airport has received verbal approval
from the Federal Aviation Administration (FAA)
that they would pay 90 cents on the dollar. The
total project cost for land acquisition comes to
approximately $972,000 and that is for the land
that is affected. Advertising has been published
in the The firms that responded
were JUB Engineers, HDR Engineering, Tierra
Right of Way, and USKH out of Commissioner Kirby moved to authorize Chairman Dinning to sign the letter selecting JUB Engineering for the airport land acquisition study once the document is ready. Commissioner Pinkerton seconded. Motion passed unanimously. Mr. Capurso asked if there is imminent domain involved. Commissioner Dinning said the intent of this Board is that there is no imminent domain so that is how to proceed today, but if there is a parcel that may shut down the airport, that issue may have to be revisited at that time, but otherwise he doesn’t like having to take that measure. Mr. Capurso clarified that he had just wanted to ask if the buyers are willing. Mr. Parker said he feels good about JUB Engineering. The meeting with Mr. Parker ended. Commissioners reviewed claims for approval. Fund totals are as follows: Current Expense $91,702.69 Road & Bridge 132,995.37 Airport 3,813.51 District Court 7,259.53 County Fair 38,000.00 Justice Fund 40,997.59 911 Funds 534.63 Health District 12,971.25 Indigent & Charity 8,539.03 Parks and Recreation 3,231.62 Revaluation 590.81 Solid Waste 43,828.26 Tort 79,798.94 Veterans Memorial 235.80 Weeds 462.07 Restorium 13,116.83 Waterways 387.55 Juvenile Probation, Lottery 200.71 Grant, Emergency Communication 21,421.50 Grant, Fire Mitigation 63,413.91
TOTAL
$563,501.60 Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2012). Terry Capurso, Donna
Capurso, Sonny Munier, Connie DeCoe-Munier and
Jane Kirby left the meeting at Chief Deputy Clerk Tracie Isaac joined the meeting. 11:15 a.m. Commissioner
Kirby moved to go into executive session under
Idaho Code 67-2345(1)b, to hear complaints or
charges brought against an employee.
Commissioner Pinkerton seconded. Commissioners
voted as follows: Chairman Dinning “aye”,
Commissioner Pinkerton “aye” and Commissioner
Kirby “aye”. Motion passed unanimously. 12: There being no further
business, the meeting recessed until tomorrow at
*** Commissioner Pinkerton
moved to adopt Resolution #2013-12. A resolution
establishing polling sites in
RESOLUTION 2013-12
A RESOLUTION ESTABLISHING POLLING SITES IN
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, has established seven polling sites
within the County, and
WHEREAS, those sites are the Bonners
Ferry/Kootenai Precinct, Copeland Precinct,
Moyie Springs Precinct, Naples Precinct, North
Bonners Ferry Precinct, Valley View Precinct,
and the County-Wide Absentee Voting Precinct
NOW THEREFORE, upon motion duly made,
seconded, and unanimously carried,
IT IS HEREBY RESOLVED that the Board of County
Commissioners,
PRECINCT
LOCATION
B.F./Kootenai Precinct
Exhibit Hall, Boundary
Copeland Precinct
Moyie Springs Precinct
North Bonners Ferry Precinct
Exhibit Hall, Boundary
Valley View Precinct
County-Wide Absentee Voting Precinct
DATED this 15th day of January, 2013
BOARD OF COMMISSIONERS
s/_______________________________
DAN R. DINNING, Chairman
s/_______________________________
WALT KIRBY, Commissioner
s/_______________________________
LEALAN L. PINKERTON, Commissioner ATTEST:
s/____________________________________________________
GLENDA POSTON,
Clerk of the Board of
Recorded as
instrument #256256 9:02 a.m., Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 9:50 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. 9:50 a.m., Boundary Volunteer Ambulance President Ken Baker met with Commissioners regarding future contract negotiations for ambulance services. Clerk Glenda Poston was also present. Clerk Poston briefly mentioned the unknown status of the levy rate or what Boundary Volunteer Ambulance’s budget will be. Chairman Dinning said he
would like Boundary Volunteer Ambulance (BVA)
board members to meet with Commissioners.
President Baker agreed and mentioned the benefit
of starting off on the right foot. Chairman
Dinning questioned if BVA still functions where
the members elect the board. President Baker
discussed the people who make up BVA’s board.
Chairman Dinning informed President Baker that
today’s meeting is just about process and he
doesn’t want to spin wheels and get derailed.
Chairman Dinning said if Commissioner Pinkerton said his concern is the agreement and it sounds like to have an agreement, Commissioners should be on board. Chairman Dinning explained that one Commissioner can’t make a decision that will bind or encumber the county. Commissioner Pinkerton said that would be problematic. President Baker said BVA board meetings are held on Thursdays. Chairman Dinning said he would like the process to move forward so the community knows where the county is at with ambulance service. Chairman Dinning said as soon as the new BVA board members are determined, meetings need to be scheduled between the BVA Board and the county. President Baker left the meeting at 10:55 a.m. Fair Board Secretary Sandy Schnepf stopped by Commissioners’ Office to show them information on the application for a grant the Fair Board is applying for. Chairman Dinning explained that the Fair Board is a separate entity from the county and the county’s allocation is issued to a separate account for the Fair Board. The buildings at the fairgrounds belong to the county though and the Fair Board keeps the county informed of their projects. Ms. Schnepf explained that the grant is for a gazebo. Ms. Schnepf said she is in the process of submitting another grant through the Inland Northwest Community Foundation. This grant application is due on January 22, 2013, and if awarded, funds will be used to have the siding redone on the Fair Board Office and Memorial Hall. Ms. Schnepf left the meeting at 10:00 a.m. County resident Phillip Sweet stopped by Commissioners’ Office. Mr. Sweet said he wanted the Sheriff to have a key for every Forest Service gate. Chairman Dinning said it was his understanding that the Sheriff’s Office does have keys. Mr. Sweet said the Sheriff’s Office doesn’t have a key to every gate. 10:00 a.m., John Marquette with JRS Surveying, Planning and Zoning Administrator Dan Studer, and property owner Hollis Brooks joined the meeting. Mr. Marquette presented Commissioners with information on Hollis Brooks’s property and explained the request to split the parcel. Chairman Dinning questioned if coming to Commissioners is the proper process or if the reason for meeting is for clarification. Mr. Marquette showed Commissioners a vicinity map showing the 40 acre parcel. There is a 25 foot easement from the highway to the 40 acre parcel. Mr. Marquette said Mr. Brooks is trying to obtain a reverse mortgage on a portion of his property and the lender said Mr. Brooks needs to have a parcel of legal size with set corners and a legal description. It was said Mr. Brooks also has a friend that he wanted to give 10 acres of the parcel to so there would be two, ten acre parcels and one 23 acre piece. The reverse mortgage lenders do not want two homes on the parcel, according to Mr. Marquette. This would essentially be creating a subdivision and Mr. Brooks only has a 25 foot easement from the highway to get to the 40 acres. It is probably an inadequate width for what a subdivision would call for. Mr. Marquette asked if this option is even a possibility for Mr. Brooks to pursue. Mr. Marquette said Mr. Brooks’s friend would use the gift of 10 acres for hunting, but no one knows who will end up with the property in the future. Chairman Dinning asked Mr. Studer if this type of proposed division is classed as a simple subdivision. Mr. Studer said because the parcel doesn’t touch a highway or county road, it’s considered a short plat and it puts into place the access and all access to Highway 1 in the platting process. There will be a survey that will show rights-of-way and utilities. Mr. Studer said his recommendation to Mr. Marquette was to go through the process of creating this subdivision and it would be good to do this all at once, but that is quite an investment. Chairman Dinning said by the Board of Commissioners endorsing this request without the full process, the process may be done incorrectly. It was said this request needs to go through the proper Planning and Zoning process. Commissioner Pinkerton spoke briefly of becoming familiar with this process. Mr. Studer said he doesn’t think Mr. Brooks needs a variance. Chairman Dinning asked if there something in the process that allows for adjustments. Mr. Studer said no, and in his own investigation he will have to contact Road and Bridge Superintendent Jeff Gutshall about the 25 foot right-of-way and roads. Chairman Dinning stated for clarification that division of this piece of property is only for financing. Mr. Marquette said that was correct, but the reverse mortgage lenders require an already existing legal parcel otherwise it would’ve just been a lien against a 30 acre parcel. Chairman Dinning said if Mr. Brooks went to a bank and couldn’t get loan on more than five acres, he could always create that parcel for financing. Mr. Marquette said part of the confusion to create a legal parcel would be a subdivision and a lot within a subdivision. Chairman Dinning said the county exempts this kind of thing for financing reasons, and questioned if that was correct. Mr. Studer said the bank stipulates they require an already existing parcel. Chairman Dinning said any bank would require this type of action. Mr. Marquette said it would be still considered a subdivision if Mr. Brooks wanted to give the westerly 10 acres to a friend. Chairman Dinning said he doesn’t think so and he questioned if giving a 10 acre parcel would create a 10 acre and a 30 acre parcel so it wouldn’t create a subdivision. Mr. Studer said if the division is strictly for financing purposes, he doesn’t require a subdivision. If someone is gifting a 10 acre parcel to someone, it is subdividing, per Mr. Studer. For a short plat road access, utilities and easements have to be shown and the matter would just go before Commissioners, according to Mr. Studer. Chairman Dinning said his thought is to go through the process for a short plat. Mr. Studer said that’s correct. Mr. Marquette said based on Mr. Brooks’s conversations, a 10 acre parcel could be created for financing purposes and 30 acres could be kept in tact, but let someone enjoy hunting and leave it as 30 acres and 10 acres. Mr. Brooks said whatever it takes for the reverse mortgage. The meeting with Mr. Marquette, Mr. Studer and Mr. Brooks ended at 10:20 a.m. 10:25 a.m., Clerk Poston and Chief Deputy Clerk Tracie Isaac met with Commissioners to discuss matters of workers compensation insurance. It was said the alternative to require a contractor to carry workers compensation insurance is to allow the work to continue, but if someone gets hurt, does that person have the ability to go after the county. Chief Deputy Clerk Isaac said a worker’s compensation claim could be filed under the county. The alternative is to just hire someone who has the coverage and that would be Commissioners’ decision. Chief Deputy Clerk Isaac said she could add this contractor to the county’s policy including information about the job and what the county paid. In the past that cost would be determined and taken out of the contractor’s final payment, according to Chief Deputy Clerk Isaac. Chairman Dinning said in this case it is a small amount of money. Commissioner Kirby said the contractor could just drop off the heater at the back door and courthouse maintenance could move it in. Chairman Dinning said no matter what the county will have exposure. Chief Deputy Clerk Isaac said if this becomes the policy, there are still some unknowns. Chairman Dinning said this isn’t an emergency situation so let’s give it some thought. Mr. Sweet explained that workers compensation coverage issue was a big deal with loggers some time ago and a lot of smaller operations could only work on private ground. Commissioner Pinkerton said there has got to be other plumbers out there with coverage. It was said to buy the water heater and hire someone with workers compensation coverage to install it. Chief Deputy Clerk Tracie Isaac left the meeting. Mr. Sweet resumed his discussion about gated Forest Service roads and said the last thing he has heard is if a Forest Service road is a closed road, even though a gate is there it doesn’t mean it’s closed; it’s operable. Commissioner Pinkerton said he knows the Sheriff’s Office doesn’t have a key to every gate. Mr. Sweet said the Sheriff has the highest authority in the county. Mr. Sweet left the meeting. 10:32 a.m., Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 11:46 a.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. There being no further business, the meeting adjourned at 12:00 p.m. /s/ DAN R. DINNING, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy |