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County commission minutes, June 10-11

June 30, 2013

***Monday, June 10, 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., Road and Bridge Superintendent Jeff Gutshall joined the meeting to give the departmental report. Mr. Gutshall presented a written report.

 

Mr. Gutshall discussed the recent Title VI inspection conducted by the Idaho Transportation Department. This is a topic that will be added to the agenda for the upcoming elected officials/department heads meetings.

 

Mr. Gutshall said Moon Shadow Road is ready to be ground up and he is looking at either extending the culvert or digging it up. Mr. Gutshall said Road and Bridge installed a couple cross culverts on Copeland Road. Mulching on Lookout View Road should be completed today. Dust abatement was done last week on District Five Road and Fawn Lane. Road and Bridge will mow the main roads to get the brush knocked down.

 

Plans, specifications and estimates have been submitted for Lion’s Den Road and Deep Creek for the emergency projects, according to Mr. Gutshall. Contracts for those projects should be coming.

 

Grading and watering will continue this week and Road and Bridge will start road patching closer to July.

 

Commissioner Pinkerton moved to authorize the Chairman to sign the Local Public Agency’s Certificate of Completion of Right-Of-Way Activities for the Westside Road/Lion’s Den Slide, Project No. A012(933), Key No. 12933. Commissioner Kirby second. Motion passed unanimously. 

 

Mr. Gutshall discussed trying biodiesel in some of the Road and Bridge vehicles. Mr. Gutshall said documents show the biodiesel will meet standards. Mr. Gutshall said Jim Dyck of Dyck’s Oil and Auto has indicated he may have to look at blending the biodiesel into his system down the road. Those present discussed using slip tanks.

 

The meeting with Mr. Gutshall ended at 9:30 a.m.

 

9:30 a.m., Courthouse Maintenance Jerry Kothe joined the meeting to give his department report. Mr. Kothe presented a written report. Mr. Kothe said Dirks Tree Care has trimmed three of the Courthouse’s trees around the Courthouse so far. Commissioners reviewed various maintenance tasks completed.

 

Mr. Kothe and Commissioners discussed the leak at the RV dump site. Mr. Kothe will talk to the Parks and Recreation Board about fixing the leak. Chairman Dinning asked about reducing the time it takes Mr. Kothe to mow the Courthouse lawn and fields and for Mr. Kothe to let Commissioners know what it will take. Mr. Kothe said he’s thought about mowing more often so the grass doesn’t have to be picked up.

The meeting with Mr. Kothe ended at 9:40 a.m.

 

Commissioners tended to administrative duties.

 

Commissioner Kirby moved to continue the discussion on the Western Competitive Grant and Western Fire Manager’s Grant proposals until 2:05 p.m. Commissioner Pinkerton second. Motion passed unanimously.

 

Solid Waste Superintendent Claine Skeen stopped by Commissioners’ Office.

 

Chairman Dinning said Boundary Community Hospital has an emergency generator they were using during construction that Bonner General Hospital had received through a grant. Mr. Skeen informed Commissioners that he had been asked by a Hospital staff member if he could return the generator to Bonner County. Commissioners gave their approval for Mr. Skeen to return the generator to Bonner General Hospital. It was said that Boundary County will now be added as a contact for use of this generator.

 

10:30 a.m., Jeff Odland with Frontier Communications joined the meeting for the purpose of discussing improvements to the Courthouse telephone system. Mr. Odland said the county’s Nortel Northstar is a good system, but is also quite old with no support for it so the county will need to upgrade this system at some point. Mr. Odland explained the issues associated with the current telephone system failing and purchasing parts for the existing system from secondary sources. Mr. Odland said from the budgetary standpoint the cost per telephone for a new system would be approximately $500 to $600.

 

Chairman Dinning asked Mr. Odland if he would put together a quote for the county. Mr. Odland said Nortel as a company doesn’t exist today as they have sold to another company.

 

Mr. Odland said he was able to implement a new, reduced rate long distance plan for the county. Mr. Odland said he could look at further cost savings and he mentioned voice over internet as one option. Chairman Dinning said he would have the county’s IT Committee get together to discuss this.

 

The meeting with Mr. Odland ended at 10:45 a.m.

 

Commissioners reviewed claims for payment. Fund totals are as follows:

 

Current Expense                                    $29,432.73

Road & Bridge                                       33,361.61

Airport                                                     2,574.47

District Court                                           2,512.02

Justice Fund                                            30,619.76

911 Funds                                                  1,602.44

Indigent & Charity                                     7,598.57

Parks and Recreation                                6,772.42

Revaluation                                               2,061.39

Solid Waste                                             15,571.75

Veterans Memorial                                       159.59

Weeds                                                          181.48

Restorium                                                21,450.56

Waterways                                                   380.66

Grant, Emergency Communication               207.99

Grant, Fire Mitigation                             11,901.85

 

                          TOTAL                    $166,389.29

Trusts

Auditor’s Trust                                        18,102.04

Drivers License                                         8,583.50

Magistrate Trust                                      29,813.80

Motor Vehicle Trust                              106,569.61

Worksmans Comp. – Youth                              9.60

Sheriff’s Fund                                              540.10

 

                        TOTAL                      $163,618.65

                       

                        GRAND TOTAL      $330,007.94

 

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2013).

 

11:00 a.m., Commissioners, Deputy Clerk Nancy Ryals, Restorium employee Sheila Benson, Restorium Board Chairman Larry Dirks, and Denny Wedel with Bonners Ferry Builders met to conduct a workshop to review finances of the Restorium elevator grant. Cory Trapp with Longwell + Trapp Architects and Grant Administrator Sherri Wastweet with Panhandle Area Council participated in the meeting via conference call.

 

The meeting ended at 11:30 a.m.

 

Commissioners recessed for lunch at 11:35 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., Brad Niemeyer with JUB Engineers joined the meeting to update Commissioners on the status of the proposed land acquisition for the Boundary County Airport. Airport Manager Dave Parker, County Civil Attorney Tevis Hull, Boundary Volunteer Ambulance President Ken Baker and Blue Sky Broadcasting Reporter Mike Brown were also present.

 

Mr. Niemeyer presented the project schedule pertaining to the process of land acquisition that he had also forwarded to the Federal Aviation Administration (FAA). The key date for submittal of the grant package to the FAA is July 26th for the 2013 grant. The properties for the Dinning, Speed, Byler, and Merrifield families were included and there will be some relocation efforts for three of the four properties.

 

Chairman Dinning asked if the documents listing the property owners can be separated as the process moves forward. Chairman Dinning said he doesn’t have a problem with three of the property owners, but his uncle is one of those owners so he should excuse himself from that specific property.

 

Mr. Niemeyer presented Commissioners with a draft of the determination of value. Mr. Niemeyer said one of the documents show a property in the color green, which is a full parcel owned by Craig Wheatley. Mr. Niemeyer said Mr. Wheatley may have combined his parcels, but he would have to confirm that. Mr. Niemeyer mentioned sending the FAA information pertaining to getting the northwest portion of that property airspace for a 35 foot tall building, in which the FAA has 45 days to respond. Mr. Niemeyer said the airport needs to do what it can to acquire property for the runway and he doesn’t want to make a recommendation to purchase more property than what is needed. Acceptance from Mr. Wheatley would have to be received as well. Mr. Niemeyer said he doesn’t know if Mr. Wheatley is aware of what has been submitted, but a packet of information will be put together for him. Gary Gates who works out of the Helena, Montana Airport District Office will be handling this process.

 

Mr. Niemeyer said Charles Howard owns about 47 acres southwest of the airport and he discussed providing an alternative access for that property, but the FAA has a problem with that area so the process has been delayed. The FAA will have to review information and alternate solutions so this will put the Howard property into the 2014 grant. This delay changes JUB Engineering’s scope of services for the airport and county. Mr. Parker said it seems like Mr. Howard is amiable to the purchase of some or all of the property.

 

Mr. Niemeyer and Mr. Parker left the meeting at 1:50 p.m.

 

Commissioners discussed the status of ambulance service for the county. Chairman Dinning said going forward in this process of providing ambulance service to the county, what do Commissioners do and how do we want to go about it. There has been communication between Boundary Volunteer Ambulance’s (BVA) attorney and County Civil Attorney Hull. Commissioners can look into alternatives for ambulance service going forward and if the county gets to the point where there isn’t an agreement in place in some nature with someone, it puts the county behind the eight ball in negotiations and Commissioners don’t want to be there. Going forward Commissioners can work with BVA in drafting a contract that is agreeable to both parties and in the meantime can prepare for that agreement not to work out and plan to contract with other providers.

 

Commissioner Kirby said there are only two ways to go, one of which is to write a contract and hand it to BVA or take another look at the contract that was handed to Commissioners and make changes. Chairman Dinning said another alternative is to go out for quotes and that would put everyone on the same playing field. Commissioner Kirby said it’s an appropriate way to do business.

 

Commissioner Pinkerton said he wants to know if there can be negotiations pertaining to the contract Commissioners received. Commissioner Pinkerton said this matter has been going on since before he became a Commissioner and there is still no resolution so there seems to be an impasse. What is the most cost effective and economical for the county? That’s what Commissioners are looking for including something that is state required. Commissioner Kirby said that’s the county’s way of doing business and it’s pretty solid. The county can produce a budget that is easy to understand and it’s the county model of doing business. 

 

Commissioner Kirby said the absolute basic needs should be met and not worry about the money as that can increase over time. Commissioner Kirby said there are a couple of stumbling blocks that he can see and he suggested BVA learn to use the county method that makes some kind of governmental sense. Chairman Dinning said the county wants to know what it will cost to provide the basic level of service and in doing so, how do we get there and get to the point of making a decision. The county is mandated to provide ambulance service at the basic level and that is what the county is going to do. If it comes to the point of a higher level of service, that will be addressed.

 

Commissioner Pinkerton said the county is required by state to provide the basic level of service, and that is the cost the county needs to look at and be responsible for. This is a business, according to Commissioner Pinkerton. The county needs to be responsible to provide basic service. If there is any expansion of service, that is a business decision and Commissioners cannot determine that need. Expansion of that service, in excess of what is required, is a business decision based on BVA.

 

Commissioner Kirby said the county had a contract with BVA for a small amount of money and they did a wonderful job, but said they couldn’t go on that way. The volunteer business model wasn’t working for them so they either use that model or go out of business. The county has to look at that and could say, that is true and BVA needs more funds for what they do. Commissioner Kirby said it’s up to the county to decide if that is too little money for what BVA really does. Commissioner Kirby said BVA has proven they can’t do it for only so much per run and they need more money per run. BVA needs to be paid the going rate for that service, and that is what BVA is asking for and basically beyond that. The Commissioners need to look at what the basic cost is.

 

Commissioner Dinning said going forward, what is the thought about this. Commissioner Pinkerton said there are a number of options. Commissioners should not stop the negotiations with BVA, County Attorney Hull and Attorney Woods and in the interim it would be foolish to sit back and wait and hope things go right. Commissioner Pinkerton said Commissioners need to have alternatives so he personally feels the county should go out for proposals. It would be ideal if the negotiations with BVA go well, but Commissioners need to open other doors as that door is closing. The county needs to have those options available and Chairman Dinning said he agrees. Commissioner Kirby said BVA has said to Commissioners, go ahead and don’t sign up with BVA and see what ambulance service costs, so let’s go ahead and find out what it costs.

 

Commissioner Pinkerton said the county could go online to look for already written requests for proposals and then it would be a matter of paring it down. Chairman Dinning said going forward negotiations with BVA will continue and in the meantime for the benefit of the community, Commissioners will look at preparing for the eventuality of there being no agreement with BVA. Chairman Dinning said he’s been in this situation before and he doesn’t like it. Commissioner Kirby said if BVA takes another shot at providing their basic services, wonderful and if another ambulance provider does as well, Commissioners will look at what is best for the taxpayer. Commissioner Pinkerton said he believes where BVA wants to go, but what the county will require for the county’s and citizen’s money is where Commissioners need to get to. As a board, Commissioners have to establish first and foremost what level of service they need to pursue such as basic life support (BLS), intermediate life support (ILS) and advanced life support (ALS) and what it will cost the taxpayer. ISL and paramedic level is not even required in Idaho Code. President Baker said state statute is so vague that it doesn’t give anything to bite into.

 

Chairman Dinning said Commissioners will look at the basic level of service so organizations know what to provide, and Commissioners will have to start digging into other things. Commissioner Kirby said in his ignorance what he sees locally is basic ambulance service. If there is an event and BVA is on standby, BVA needs to be paid for doing that, according to Commissioner Kirby. Commissioner Kirby said the county wants to pay for the basic service.

 

President Baker spoke of the community’s poverty level and how most people don’t have insurance or the ability to pay. Commissioner Pinkerton said he wouldn’t expect BVA to run for $8,000 per year. The county needs to make sure to have an ambulance service in the community so the county will meet those state requirements. Beyond that is an incremental or a business decision that BVA would have to make and that is a billable thing over and above what the county provides. The county’s funding should be a building foundation for BVA to build from, according to Commissioner Pinkerton. Commissioner Pinkerton said the county needs to have two different directions to go and whereas Commissioners are hopeful in negotiations to get on the same page with BVA, they also have to put other feelers out there to see what service providers are available.

 

Attorney Hull said he and BVA Attorney Brian Woods can take what they’re hearing from their respective clients and see if there can be a meeting of the minds, which does require some back and forth. The Commissioners will have to decide if they can live with what is presented and if they can’t, the county will have to move on.

 

Chairman Dinning said the situation is where it was at exactly one year ago. Commissioner Kirby said the Commissioners need to get something in place.

 

President Baker asked if Commissioners would like to have another meeting with the BVA Board. Chairman Dinning said Commissioners will think about things and he added that there are two boards consisting of eight people and coming to a consensus to please eight people, you can’t just sit down and do that. So Commissioners need to sit down and address this separately. Chairman Dinning said he’s not opposed to a meeting as long as it’s productive and not “he said she said.”

 

Commissioner Pinkerton said if Commissioners go out for additional bids, we also need to determine how many ambulance units are needed to cover the area to meet the criteria, to identify response areas and how many ambulance staff members are on payroll. Commissioner Pinkerton said he would look for requests for proposals and Commissioner Kirby will look for a structure or director before next Tuesday.

 

The meeting to discuss ambulance service ended at 2:30 p.m.

 

2:30 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. 3:00 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously.

 

Commissioner Pinkerton moved to cancel yield tax totaling $34.98 for year 2012 for parcel #RP62N01E132553A because the Idaho Department of Lands put the wrong compliance number on the wrong parcel thus creating yield tax in error. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to approve the minutes of May 20 & 21, 2013 and May 27 & 28, 2013. Commissioner Kirby second. Motion passed unanimously.

 

Commissioner Pinkerton moved to amend the agenda to add discussion and a possible motion regarding Resolution 2013-23A and to continue the date of public action to a date set in the future. Commissioner Kirby second. Motion passed unanimously.  

 

Commissioners tended to administrative duties.

 

3:30 p.m., There being no further business, the meeting adjourned until the joint/city county meeting held at 6:00 p.m., in the Extension Office.

 

6:00 pm., Commissioners hosted the joint City of Bonners Ferry, City of Moyie Springs and Boundary County meeting held at the Boundary County, University of Idaho Extension Office. Present were the City of Bonners Ferry Council members: Connie Wells, Tom Mayo, Mike Klaus, and Rick Alonzo, City of Bonners Ferry Mayor Dave Anderson, City of Moyie Springs Council members: Terry Johnson, Steve Economu, and Bart Klaus, City of Moyie Springs Mayor Doug Evans, City of Moyie Springs Clerk Sandy Tompkins, City of Bonners Ferry Clerk/Treasurer Kris Larson, City of Bonners Ferry Assistant Administrator Andrakay Pluid, City of Bonners Ferry Administrator Stephen Boorman, Deputy Clerk Michelle Rohrwasser, Don Davis with the Idaho Transportation Department, Bonners Ferry Herald Reporter Laura Roady and two members of the public.

 

Agenda items included: Highway 95 Corridor Study, Columbia River Treaty, personal property tax/foregone recapture, Probation Department report statistics, sewer systems, update on the Drug Task Force budget, and an update on the 129,000 pound legislation.   

 

Those present said the Pledge of Allegiance and introductions were made.

 

Commissioner Kirby moved to amend Commissioners’ agenda for the end of the meeting to authorize the Chairman to sign the Western Competitive Grant and Western Fire Managers Grant documents as it is time sensitive. Commissioner Pinkerton second. Motion passed unanimously.

 

The City of Bonners Ferry also amended their agenda to take care of a city matter.

 

Idaho Transportation Department Region 1 Transportation Planner Don Davis provided a PowerPoint Presentation on the US 95 Corridor Study focusing largely on Bonners Ferry’s South Hill area. Mr. Davis mentioned a public meeting will be held locally at some point to obtain the community’s input and comments.

 

The Columbia River Treaty and foregone taxes were discussed briefly. Mr. Boorman provided Commissioners with a Columbia River Treaty Review 2014-2024, open house comment form.

 

Chairman Dinning provided a County Probation Department report listing statistics on the increased number of juveniles on probation.

 

The City of Moyie Springs Council members mentioned the sewer issue. Chairman Dinning suggested looking at a long term fix even tough they’re hoping to fix the issue in the short term. Commissioner Kirby promoted a sewer system to the Three Mile area. Mr. Klaus said the City of Bonners Ferry’s sewer system is nearly at capacity. City of Moyie Springs Council member Steve Economu questioned the possibility of each city pumping towards a middle ground such as the Three Mile area.

 

Chairman Dinning informed those present the 129,000 pound truck legislation is now law and the Idaho Transportation Department is going through the rule making process. Chairman Dinning said anyone can petition for a route to be included in this legislation, but a study has to be conducted and he had heard the agency petitioning should conduct the study. The Idaho Transportation Department has “red” routes that may be susceptible to this 129,000 pound legislation.

 

Chairman Dinning briefly mentioned the area of impact and suggested there be a meeting held before the year is over. Mayor Anderson said the City of Bonners Ferry would work on holding a meeting.

 

Chairman Dinning informed those present the Drug Task Force may be out of funding before the year is over so a hard decision may need to be made if funding doesn’t come in. Mayor Anderson said the City of Bonners Ferry may have to have a Plan A and Plan B. Commissioner Pinkerton said the budget is short.

 

The next joint city/county meeting will be hosted by the City of Moyie Springs.

 

Commissioner Pinkerton moved to authorize the Chairman to sign the Western Competitive Grant and Western Fire Managers Grant documents. Commissioner Kirby second. Motion passed unanimously.

 

The meeting ended at 7:30 p.m.           

 

There being no further business, the meeting adjourned at 7:30 p.m.

 

 

 

                                                            /s/

                                                            DAN R. DINNING

ATTEST:

 

 

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk

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