***Monday, August 19, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

Commissioners gave the opening invocation and said the Pledge of Allegiance.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting. Mr. Gutshall presented a written report. Copeland Road has been built up to grade now and will receive dust abatement. Mr. Gutshall said the same thing will happen on Lion’s Den Road. The durapatcher has been used at a number of locations and road sign work continues, according to Mr. Gutshall.

Mr. Gutshall said Road and Bridge will apply dust abatement on Turkey Hollow Road and a cost share was suggested by a landowner. Crusher work will start next week, according to Mr. Gutshall.

Those present discussed cost sharing on projects. Commissioners and Mr. Gutshall discussed various matters to include dust abatement and grading. Chairman Dinning said he and Commissioner Pinkerton remember what it was like before the county roads were paved, and there is always some inconvenience when living in a rural area.

9:25 a.m., Courthouse Maintenance Jerry Kothe joined the meeting.

Mr. Gutshall left the meeting at 9:30 a.m.

Mr. Kothe met to present his department report. The roofer is supposed to be here sometime this week, according to Mr. Kothe. Mr. Kothe said surplus items are starting to build up, but it’s not enough to have an auction. Vern Wilson at Bonners Ferry Glass has installed a new window in the stairwell.

Commissioners tended to administrative duties.

Mr. Kothe left the meeting at 9:40 a.m.

9:50 a.m., John Marquette with JRS Surveying joined the meeting so Chairman Dinning could sign the plat map for Lyle Farms.

Mr. Marquette said he made a few notes about the utilities and Bonneville Power easement on the map. Commissioners reviewed the map.

Commissioner Kirby moved to authorize the Chairman to sign the plat for the Lyle Farms subdivision and boundary line adjustment. Commissioner Pinkerton second. Motion passed unanimously.

Mr. Marquette left the meeting at 9:55 a.m.

10:00 a.m., Boundary Volunteer Ambulance President Ken Baker and Board member Brian Strong joined the meeting. Bonners Ferry Herald Reporter Laura Roady also joined the meeting.

Commissioner Kirby moved to recess as the Board of County Commissioners and convene as the Governing Board of the Boundary County Ambulance Service District. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes of July 15, 2013 and July 22, 2013. Commissioner Pinkerton second. Motion passed unanimously.   

Commissioner Kirby moved to adjourn as the Governing Board of the Boundary County Ambulance Service District and reconvene as the Board of Boundary County Commissioners. Commissioner Pinkerton second. Motion passed unanimously.

The meeting ended at 10:02 a.m.

Commissioners discussed issues and the potential for accidents at the Three Mile intersection where the speed limit is 60 miles per hour.

Commissioners tended to administrative duties.

Commissioners briefly discussed Attorney Tevis Hull’s recommendation pertaining to the Bonner County Master Agreement to include a statement that the Agreement is only in the event an agreement is not reached with another ambulance service provider. 

Boundary Volunteer Ambulance President Ken Baker joined the meeting at 10:55 a.m.

President Baker left the meeting at 10:56 a.m.

11:00 a.m., Boundary County Airport Board members Jay Wages, Bob Blanford, Pat Gardiner, and Don Jordan; and Brad Niemeyer with JUB Engineers joined the meeting. County Attorney Tevis Hull and Roxanne Grimm with Epic Land Solutions participated via telephone.

Attorney Hull was to contact legal counsel for the Federal Aviation Administration (FAA) to determine what constitutes a certificate of title. Attorney Hull said he was provided the Seattle Office’s legal counsel contact information. From a legal side, all things could be done as it’s not a legal issue at that point. It’s if the grant administrator would be able to provide whether or not it’s acceptable to them. It was said that Ms. Grimm, Mr. Niemeyer and Attorney Hull may want to talk to the grant administrator to tell them what Boundary County is facing.

The turn around time is still under the same conditions, according to Mr. Niemeyer. The county still has not officially requested reimbursement and that needs to happen and it has to do with the certificate of title prior to reimbursement, reviews, etc. Mr. Niemeyer asked the FAA about their basis for the conditions and said the FAA will add grant conditions in addition to receiving the money.

Attorney Hull had reviewed the grant request and said it is fairly generic. There were only a couple things that were just typos, but the two biggest issues are that the document states that by signing it, the county is saying it has the finances for this project. The certificate of title is the other issue. Attorney Hull said he doesn’t think the certificate of title is needed to sign the grant. It was asked if an email from Attorney Hull to the FAA saying he had reviewed the title report and had no issues would be beneficial, but Mr. Niemeyer said that wasn’t necessary. What the grant administrator in Seattle wants is an email from Attorney Hull stating he reviewed the encumbrances and doesn’t see issue with getting them removed or that they won’t be an impact on airport operation. Attorney Hull said he can do that as long as he’s not putting his name on anything that says the county has title to the property.

Chairman Dinning said if the anticipated plan is a deed of trust and the FAA says that is not acceptable, the county has the option to turn down the grant. Attorney Hull said he would send Mr. Niemeyer the email to be forwarded to the FAA. Chairman Dinning reviewed the pages flagged by Attorney Hull containing errors. Boundary County has legal authority to carry out the grant and has finances for the proposed project, according to Chairman Dinning. Attorney Hull mentioned verbiage and questioned if it’s about issuing a check for a little over $660,000 or providing grant match. Mr. Niemeyer said he believes the statement is saying the county has the ability to obtain those funds. It was asked once Mr. Niemeyer makes the changes to correct the grant application, can Commissioners approve and sign it. Attorney Hull said yes.

Commissioner Pinkerton moved to authorize the Chairman to sign the grant application for the airport project with changes. Commissioner Kirby second. Motion passed unanimously.

Attorney Hull said he has not had further communications on borrowing other than reviewing code sections at this point. Mr. Niemeyer said based on the Dinning property, the Dinning’s goal is to close in the next two weeks so timing is getting critical. The aim will be to close just beyond 30 days. Going forward will be to fix the agreement and there will still be communication between Mr. Niemeyer, Attorney Hull and the grant administrator to line this out as soon as possible. Mr. Niemeyer said the deadline for this grant application to be processed and get it back with a grant offer is by Wednesday.

The meeting with Mr. Niemeyer, the Airport Board members, Attorney Hull, and Ms. Grimm ended at 11:24 a.m.

Commissioner tended to administrative duties.

Commissioners recessed for lunch at noon.

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., Commissioners held three public hearings in the Extension Office to consider establishing a fee for public notary services, establishing a vendor fee and deposit agreement for the Parks and Recreation Department and increasing room rates at the Restorium.

Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Chief Deputy Clerk Tracie Isaac, Robert DelGrosso, Judy Lyle, Judy Dirks, Billie Krause, Larry Dirks, Evelyn Smith, Irene Rice, Larry Hall, Katie Landis, Steve Olson, Janise Kerby, Carol Hampton, Ron Smith, Laura Roady with the Bonners Ferry Herald, Eldora Gatchell, Richard Beck, Chris Peterson, Elsie Hollenbeck, Richard Hollenbeck, Deb Wood, Evelyn Holmes, Tamina Boonisar, Dave Gray, Joyce Trueblood, Sandra Chubb, Jeanne Osborn, Jan Klopfenstein, Judy Everhart, Kathleen English, Tia Avery, Jeannie Robinson, Rod Robinson, Gini Woodward, Wilma DeVore, Peach Baker, Carol Grove, Ronald Grove, Jerre Stemmene, Charlene Wells, Vicki McNally, Marciavee Cossette, Ray Olson, Sharon Dirks, Don Dirks, Sally Dutson, Janet Sapp, Virginia Cowley, Betty Mills, Roberta Bowen, Herb Thornton, Dottie Gray, Cheryl Myers, Shirley Hamilton, J. Kevin McNally, George Burnett, Sheila Benson, Jeanine Bender, John Arrington, Eunice Neumeyer, Cindy Atkins, Sherri Burnett, Elizabeth Wilder, Sharon Fitzgerald, Restorium Administrator Karlene Magee, Ken English, Mary Voglewede, Denise Thompson and Tim Dougherty. The hearing was recorded.

Chairman Dinning briefly reviewed the public hearing procedures for the three public hearings to follow. No member cited a conflict of interest.

Commissioners opened the public hearing to consider establishing a damage deposit and vendor fees for the Parks and Recreation Department, and Chairman Dinning reviewed the documents drafted by the Parks and Recreation Board explaining the vendor fee and deposit agreement.

The public hearing was opened to public comment from those in favor and uncommitted to the proposal. Charlene Wells asked for clarification. John Arrington, El Paso Street, said this is a small town and he explained difficulties the smaller mom and pop vendors may have. Mr. Arrington said he can understand the need to clean up, but we need to work with people as they may not have a lot of money. Mr. Arrington said he used to live in California and New York and this had happened there as well. Mr. Arrington said he moved to Boundary County six years ago and he knows that people are hurting. Rich Beck said he’s okay with a $50 fee, but questioned how hard it would be to sign up for the insurance policy. Betty Mills inquired other than a food vendor, what other vendors would there be.

Parks and Recreation Board member Tim Dougherty said the vendor agreement is primary for very large groups. Mr. Dougherty gave the example of the Mountain Springs Church when they put on a large concert. Mr. Dougherty said this doesn’t pertain to family reunions, picnics, softball games, etc. This is just for big events. The group hosting the July Fourth event does an excellent job when they clean up so this fee is more or less an insurance policy for the large groups. Mr. Dougherty said as it pertains to the vendor fee, food vendors have food licenses, but a family came in once and just plugged in a hot pot to sell food so the vendor agreement is for insurance to protect against the potential for salmonella, etc. Tamina Boonisar said that information should be spelled out. Dennis Johnson asked if there is a rental fee and Mr. Dougherty said no, this is just a deposit for cleaning. Cheryl Myers said the information is not clear and she questioned what and who has to pay the fees, insurance, etc.?

Chairman Dinning said this pertains to a deposit to rent the entire area including the slab, but what about the ball fields in District 2? Mr. Dougherty said he didn’t think the deposit agreement or vendor fee pertained to the District 2 fields as they are mainly a sporting venue. Chairman Dinning asked for clarification that this pertains to the scheduled use of the whole area. Mr. Dougherty said yes. Chairman Dinning questioned various types of vendors such as tie dye as an example. Mr. Dougherty said the Parks and Recreation Board hadn’t talked about that. Commissioner Kirby said the $1,000,000 insurance policy is for food handlers; not other vendors. Commissioner Pinkerton reviewed the policies and said some clarification will be needed.

Commissioners said there has been no material change to the proposal, and they closed the hearing to further public testimony.

Commissioner Kirby moved that the Boundary County Parks and Recreation Deposit Agreement and Vendor Fees be rewritten and re-presented as they are not understandable or enforceable. Commissioner Pinkerton second. Motion passed unanimously.           

The public hearing pertaining to the Parks and Recreation Deposit Agreement and Vendor Fees ended at 1:54 p.m.

1:54 p.m., Commissioners held a public hearing to consider establishing a $1.00 fee for notary services provided. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Chief Deputy Clerk Tracie Isaac, Robert DelGrosso, Judy Lyle, Judy Dirks, Billie Krause, Larry Dirks, Evelyn Smith, Irene Rice, Larry Hall, Katie Landis, Steve Olson, Janise Kerby, Carol Hampton, Ron Smith, Laura Roady with the Bonners Ferry Herald, Eldora Gatchell, Richard Beck, Chris Peterson, Elsie Hollenbeck, Richard Hollenbeck, Deb Wood, Evelyn Holmes, Tamina Boonisar, Dave Gray, Joyce Trueblood, Sandra Chubb, Jeanne Osborn, Jan Klopfenstein, Judy Everhart, Kathleen English, Tia Avery, Jeannie Robinson, Rod Robinson, Gini Woodward, Wilma DeVore, Peach Baker, Carol Grove, Ronald Grove, Jerre Stemmene, Charlene Wells, Vicki McNally, Marciavee Cossette, Ray Olson, Sharon Dirks, Don Dirks, Sally Dutson, Janet Sapp, Virginia Cowley, Betty Mills, Roberta Bowen, Herb Thornton, Dottie Gray, Cheryl Myers, Shirley Hamilton, J. Kevin McNally, George Burnett, Sheila Benson, Jeanine Bender, John Arrington, Eunice Neumeyer, Cindy Atkins, Sherri Burnett, Elizabeth Wilder, Sharon Fitzgerald, Restorium Administrator Karlene Magee, Ken English, Mary Voglewede, and Denise Thompson. The hearing was recorded.

Chairman Dinning said the Clerk’s Office is requesting a $1.00 fee for providing notary services to cover the cost of having the service. Currently there is no fee and if approved, there would be a fee for $1.00 per notary stamp. Chairman Dinning asked a representative from the Clerk’s Office to explain the proposed fee. Deputy Clerk Chris Peterson said every time a notary seal is used there will be a fee of $1.00.

Commissioners asked for comments from members of public in favor of the proposal. No one spoke. Commissioners requested comments from members of the public uncommitted to the proposal. Dave Gray informed everyone that the public can go to a bank to have documents notarized so there are choices available. Cheryl Myers asked what is behind establishing the fee, and asked if it takes too much time for a paid employee. Ms. Myers said the cost of ink can’t be $1.00. Charlene Wells asked how many qualified employees can provide notary services. No one from the public spoke in opposition.

Deputy Clerk Peterson said Idaho Code states that a fee of $2.00 can be charged for notary services. The Clerk’s Office is getting non-stop requests for notary services and the Clerk’s staff has to maintain a journal as a record. There are those who have every document notarized and supplies get used up. It was explained the $1.00 fee would be charged for each notary block.

Commissioners said there has been no material change to the proposal. Chairman Dinning said there has been some real abuses of this service occurring. Chairman Dinning asked how many notaries the Clerk’s Office has. Deputy Clerk Peterson said all of the Clerk’s Office employees are notaries and there are approximately 12 in the Courthouse. There is a cost of $60 to buy the bond for each notary for a 10 year period and the notary stamp costs $25. Commissioner Pinkerton asked if there is a state review of the journals and Deputy Clerk Peterson said she hasn’t heard of any.

Commissioner Kirby moved to approve the fee of $1.00 per notary stamp. Commissioner Pinkerton second. Motion passed unanimously.

The public hearing to consider a notary public fee ended at 2:00 p.m.

2:00 p.m., Commissioners held a public hearing to propose a room rate increase at the Restorium. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Chief Deputy Clerk Tracie Isaac, Robert DelGrosso, Judy Lyle, Judy Dirks, Billie Krause, Larry Dirks, Evelyn Smith, Irene Rice, Larry Hall, Katie Landis, Steve Olson, Janise Kerby, Carol Hampton, Ron Smith, Laura Roady with the Bonners Ferry Herald, Eldora Gatchell, Richard Beck, Elsie Hollenbeck, Richard Hollenbeck, Deb Wood, Evelyn Holmes, Tamina Boonisar, Dave Gray, Joyce Trueblood, Sandra Chubb, Jeanne Osborn, Jan Klopfenstein, Judy Everhart, Kathleen English, Tia Avery, Jeannie Robinson, Rod Robinson, Gini Woodward, Wilma DeVore, Peach Baker, Carol Grove, Ronald Grove, Jerre Stemmene, Charlene Wells, Vicki McNally, Marciavee Cossette, Ray Olson, Sharon Dirks, Don Dirks, Sally Dutson, Janet Sapp, Virginia Cowley, Betty Mills, Roberta Bowen, Herb Thornton, Dottie Gray, Cheryl Myers, Shirley Hamilton, J. Kevin McNally, George Burnett, Sheila Benson, Jeanine Bender, John Arrington, Eunice Neumeyer, Cindy Atkins, Sherri Burnett, Elizabeth Wilder, Sharon Fitzgerald, Restorium Administrator Karlene Magee, Ken English, Mary Voglewede, and Denise Thompson. The hearing was recorded. 

Chairman Dinning reviewed the amounts of the proposed room rate increase for existing and incoming Restorium residents. No member cited a conflict of interest.

Commissioners opened the public hearing to public testimony and asked for comments in favor of the proposed increase. No one spoke. Commissioners asked for public comment from those uncommitted to the proposed increase. Tia Avery requested Commissioners read aloud the rates proposed for year 2014. Ms. Avery asked how much the county levy is and Chairman Dinning said for year ending September 30, 2013 the levy is $312,000 and the proposed levy amount is $392,000. John Arrington said he had a friend at the Restorium and she had a hard time as far as insurance funds allocated to her. Mr. Arrington asked if the Restorium has a doctor on call and if food is served to the residents in bed. Mr. Arrington questioned what loved ones are getting at the Restorium at a fee between $1,400 and 1,600. Mr. Arrington said the cost seems high, but the comments are that the cost is low. Mr. Arrington said he sees how the elderly are treated so he wanted to know that the elderly were treated well at the Restorium. Robert DelGrosso asked if the Restorium would support itself or still need county support if the proposed rates are put in place and if the Restorium was at full capacity. Commissioner Kirby said no, county support of approximately $70,000 to $80,000 would still be needed, but it’s a moving target. Mr. DelGrosso questioned if the rates proposed are equivalent to Sandpoint as that is where the elderly would have to go, and he said $1,400 through $1,900 are fair prices. Commissioner Kirby said the proposed rates are average statewide.

Ken English mentioned the current levy amount of $312,000 and he questioned if the levy would be reduced to approximately $80,000 if there was a room rate increase. Mr. English said the Restorium is two rooms short of being at full capacity. Mr. English asked where is the rest of the budget going if there is a room rate increase and he mentioned that new residents would be paying almost $1,000 more. Chairman Dinning said if all residents were paying $2,500 today, the county would still have to levy. Commissioners have to look at the existing residents and realize the increasing costs. Commissioners don’t want to damage the existing residents with a $2,500 fee. Mr. English said half of the people at this public hearing will be the next clients of the Restorium and they don’t have the money. Commissioner Kirby said it is still cheap. Chairman Dinning said he anticipates it will take approximately five to ten years to catch the Restorium up and Commissioners are trying to do this in the most gradual way. Eldora Gatchell questioned that the tax for the Restorium is what the taxpayers had wanted and she mentioned that dispute in past minutes.

Dick Hollenbeck questioned if rates will increase to offset the cost if more new residents don’t come to the Restorium. Commissioner Pinkerton said Commissioners are trying to have as little impact as possible and he mentioned the costs of labor, benefits, etc. keep increasing for a $1,200,000 operation. $312,000 is coming from the taxpayer. Commissioner Pinkerton said for the future value there needs to be an increase in order to keep the Restorium in good hands and to close that gap, but Commissioners don’t want to do that overnight. It will take over five to ten years to close that gap. It’s going to take time to close the gap of a $392,000 budget shortfall. At the new rate of $2,500 for residents, there is still a loss today. Mr. Hollenbeck asked if the Restorium loses residents, will the cost increase for the remaining residents. Commissioner Pinkerton said he hopes the Restorium won’t lose residents because it’s still a good facility. The county has an agreement with the existing residents for a certain amount. Mr. English said Medicare is not raising any rates that would allow him to stay at the Restorium.

Jan Klopfenstein said in business increases are good business practices and she asked when the last increase was. Restorium Board Chairman Larry Dirks said there has been a 60% increase over the last six years. Chairman Dinning questioned if occupancy at the Restorium had decreased. Tamina Boonisar asked if the average increase was 5%. Chairman Dinning mentioned a 5% increase this year and next year. Dennis Johnson asked how many non-profit senior living facilities are there in Idaho. Chairman Dinning said Boundary County has the only county assisted living facility left in Idaho. Mr. Arrington asked what the Restorium earns in a year. Chairman Dinning said if someone were to account for the Restorium as a private facility, it loses $312,000, plus accumulated depreciation of the building. Mr. DelGrosso mentioned Obamacare, and he questioned any thoughts on increases to employee benefits. Chairman Dinning explained that the county is grandfathered in an insurance pool, and as long as the county doesn’t change anything, it won’t be mandated by Obamacare. Commissioners have been made keenly aware that part time employees working 30 hours or more will now be required to have insurance paid for by the county, and that would be a huge expense to the facility.

Commissioner Kirby said changes to the budget and personnel have been made for fiscal year 2014-2015. The part time employees will take a loss otherwise the county will have to pay insurance.

Tia Avery said there is no doubt that everyone wants to help, but with $312,000 going out, and the Boundary Volunteer Ambulance matter, a lot of things are coming up and she doesn’t see how everything can be funded. How can we keep asking the community or county for money? Chairman Dinning mentioned how the Friends of the Restorium have provided a lot of support to the Restorium. Ms. Myers said she was raised here and is proud to be caring for people. Ms. Myers said it appalls her that people worry about supporting the elderly. We have a community Restorium and people need to quit whining about paying some money. Jeanne Robinson said she read that the Restorium is operating in the red, but the Restorium is not operating in the red. The Restorium wasn’t intended to be self sufficient, according to Ms. Robinson. New industry can look at this as how the community can support seniors. Ms. Robinson said one Commissioner says he’s conservative and doesn’t want his taxes to go to the Restorium and another Commissioner says he doesn’t want his mother at the Restorium, but what if she wants to go there? Ms. Robinson said she has grave concerns about the local elderly. Ms. Robinson said the Restorium is not to be supported on rent alone. It’s a decision that should be made by community vote. Judy Dirks said she is required by scripture to take care of widows and the elderly. If rates are raised to this extent, the seniors who wish and want to move to the Restorium can’t afford to pay their own way. Ms. Dirks said she’s speaking as a registered nurse and as a daughter of a woman who flourished in the Restorium. Ms. Dirks said there is a petition with 567 signatures as of last Wednesday in regards to the Restorium. Please consider to raise the rates slowly. Ron Smith said there have been comments of $312,000 and that is the levy. This next year the levy will be $391,000. Mr. Smith asked if that is the levy submitted by the Restorium and he asked what caused the big jump. Mr. Smith said he had heard of there being $50,000 in reserves and he also mentioned the $2,000 spent to have a study done would’ve been better spent on the residents. Mr. Smith mentioned that for the 16 years he spent working for the county he never had a person contact him questioning the levy for the Restorium. The Restorium was never supposed to be self sufficient and people don’t mind paying, according to Mr. Smith. Stating the Restorium is operating in the red implies it’s not operating within budget. Mr. Smith discussed a meeting held years ago about plans for the Restorium and what the thoughts were. Public hearings for rent increases have been held in the past. Mr. Smith said he would like to see the minutes about the feeling the Restorium should be self sufficient.

Restorium Advisory Board Chairman Larry Dirks said to clarify for years he was told the Restorium budget was tight so please don’t spend it. Mr. Dirks spoke of improvements made to the Restorium over the last few years and of donations made. Mr. Dirks reviewed what he feels the proposed rates should be and he said it’s not the rooms; it’s the service. There has been a lot of discussion over this and most residents don’t have the extra $700. A petition contains 567 names of people who want to continue supporting the Restorium. Billie Krause said she has friends who are very social and if their spouse dies, they wouldn’t be able to keep up their own residence and all they have is social security.  

Betty Mills said she doesn’t need to stay at the Restorium yet. If the rates are raised for incoming residents, she will not be able to afford it. Cindy Atkins read a comment letter from a resident into the record stating they hope to keep the rates affordable. Dottie Gray said there are two groups of people, those being kids and the elderly and neither group is in total control of their situations. This is a community about people and we’re just looking at dollar signs. Community equals unity, according to Ms. Gray. Ms. Dirks explained her experiences and costs at another assisted living facility when she had a family member there. Ms. Dirks said the Restorium needs to be celebrated and we need to applaud the staff.

Cheryl Myers said Restorium Administrator Karlene Magee deserves a hand and the staff aren’t employees, they are a part of the family. The employees care and make the residents feel loved and cared for. The newspaper should know the Restorium hasn’t been operating in the red. Ms. Myers said to not cut employee hours and wages. Betty Mills said if the elderly go to the Restorium and go on Medicaid, the county will end up with their properties. Eldora Gatchell asked to comment on the Restorium and added that she is in favor of the Restorium. Ms. Gatchell mentioned one line item in the budget showed approximately $300,000 and a projection of $200,000, and she said she would like to better understand this. Jeanne Robinson asked if that means not as much money will be requested the next year. Wilma DeVore presented Commissioners with the county’s budget that was published in the newspaper.

After receiving public comment Commissioners felt that no substantial changes had been made to the proposal, and they closed the public hearing to further public testimony. Commissioner Kirby said Commissioners have heard the comments and some require some study.

Commissioner Kirby moved to continue the public hearing on a proposed room rate increase at the Restorium until 10:00 a.m., on Tuesday, August 27, 2013. Commissioner Pinkerton second. Motion passed unanimously. 

The public hearing ended at 3:30 p.m.

There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, August 20, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

Blue Sky Broadcasting Reporter Mike Brown was in attendance of various meetings throughout the day.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, Treasurer Jenny Fessler, Assessor Dave Ryals, Prosecutor’s Office Manager Tammie Goggia, Planning and Zoning Administrator Dan Studer,  Chief Probation Officer Stacy Brown, Noxious Weeds Superintendent Duke Guthrie, Road and Bridge Superintendent Jeff Gutshall, Extension Office Educator Carol Hampton, and Restorium Administrator Karlene Magee.

Chairman Dinning said there wasn’t much on the agenda, but one thing was to remind employees to take the Idaho Counties Risk Management Program (ICRMP) training online. The proposed budget has been printed in the newspaper and the budget hearing is scheduled for September 3, 2013.

Chairman Dinning said Commissioners will look at the holiday schedule as extra holidays are going away for this next budget.

Commissioners asked if there were any updates from the various departments. Ms. Brown said the number of juvenile cases continues to climb and the incidents are happening in groups. Ms. Goggia said the juveniles getting into trouble are now the kids who have never had a five day school week and probably have very little supervision on Fridays because parents have to work. Ms. Brown said there has also been an incident with SPICE, a synthetic drug, so the Probation Office is testing juveniles for that. Mr. Studer there had been concerns over the mud bog on Highland Flats and he wondered if anyone had checked out the snowmobile park or any concerns that had been voiced. Mr. Gutshall said he thinks the roads are fine, and he feels snowmobile traffic in the spring does more damage. It was said there had been berry pickers camping at the snowmobile park prior to the mud bog. Chairman Dinning said he did get feedback from a fire department and ambulance group who said the event was organized and ran smoothly, but there was a low turnout. Ms. Hampton said family movies are being shown at the fairgrounds on Friday evenings. Ms. Hampton said 240 people showed up to watch the movie the second time the event was held.

Chairman Dinning said he appreciates the cooperation between the department heads and it makes the job easier.

The elected officials/department heads meeting ended at 9:10 a.m.

9:10 a.m., County Noxious Weeds Department Superintendent Duke Guthrie said he’s pretty much done spraying for weeds and he will do more spraying in the fall after it cools off. Commissioners asked about the City of Bonners Ferry’s sewer lagoon and the City of Moyie and Mr. Guthrie said he took care of spraying those areas already. Mr. Guthrie said he received more insects for spotted knapweed control. The bugs are free to the county, but if they had to be purchased they would cost $1.00 per bug. The bugs mine the root system and the plants become stunted and eventually die in approximately five to ten years. Mr. Guthrie said there are safe chemicals to treat knapweed as well.

Mr. Guthrie provided a brief update on a grant, and discussed looking for a truck for his department. The grant is funded through RAC funding.

The meeting with Mr. Guthrie ended at 9:20 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 9:20 a.m.

Commissioner Kirby moved to go into closed session under Idaho Code 31-874. Commissioner Pinkerton second. Motion passed unanimously. 9:26 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to deny indigent applications 2013-4, 2013-26 and 2013-25. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting. 

Commissioners tended to administrative duties.

Bonners Ferry Herald Reporter Laura Roady and Blue sky Broadcasting Reporter Mike Brown joined the meeting.

10:00 a.m., Commissioners held a conference call with Kathleen Trever with the Attorney General’s Office to discuss grizzly bear de-listing. Also participating in the call were: Patty Perry, Kevin Greenleaf, Norman Mertz, and Scott Soults with the Kootenai Tribe of Idaho; Wayne Wakkinen with Idaho Fish and Game, Senator Shawn Keough, Brad Smith with Idaho Conservation League, Dustin Miller with the Office of Species Conservation and Wayne Kasworm with the US Fish and Wildlife Service.

Ms. Trever said there had been a presentation from Tony McDermott with the Idaho Department of Fish and Game for the Kootenai Valley Resource Initiative Grizzly Bear Subcommittee (KVRI) regarding the Position Paper on delisting bears in the three ecosystems. Chairman Dinning talked to Ms. Trever about gaining better understanding of the basis for going forward.

Ms. Trever said for legal disclaimer Mr. Miller with the Office of Species Conservation is also on the telephone and that is an entity in Idaho responsible for endangered or threatened species listing. The Department of Fish and Game’s position is parallel to those efforts. Ms. Trever said one driver for the Commission making a position statement is there are two areas involved. One is less interest to geographic area. Delisting the Yellowstone population has been a motivating factor. Ms. Trever said there needs to be a clarification on the bear. The Yellowstone population was proposed for delisting as a distinct population and based on service. That is in the process of being resolved by the Service. What had been a year in the de-listing process is now two to three years. Part of the delay is confusion and how inconsistently the Commission has addressed ecosystems. These are two systems identified as unique systems, and legal entities state what can have this status are species, subspecies and population segment. The Grizzly bear has been identified as a species. The greater Yellowstone bears are proposed as a distinct population. From Commissioners’ perspective and looking at the position on the matter, the Selkirk, Cabinets, and North Continental Divide are extremities to populations in Canada. Where it becomes confusing is sometimes the Fish and Wildlife Service has identified separate potential actions for these areas for different classifications. Sometimes the Commission treats them together. Ms. Trever said she can only represent the Service as their legal advisor. What they’re trying to do is identify at least strategic concerns on how the overall ecosystem the Fish and Wildlife Service treated for specific purposes for de-listing. The Bitterroot area shouldn’t be considered de-listed because it hasn’t been occupied habitat.

Ms. Trever said there is talk about de-listing the Continental Divide separately, but for strategic planning ahead, it’s important to work through that as part of the Interagency Grizzly Bear Committee. Commissioners felt that Committee established mechanisms for management in Idaho.

One item is what agency is appropriate for taking and making sure the actions that the Fish and Wildlife Service take has some reason for different ecosystems identified.

One thing is whether or not that specific entity is facing extinction. One issue that has come up is what the range of the species is and what is considered a significant portion of the range. The frustration of the Endangered Species Act is how the Fish and Wildlife Service has a draft policy that went out of what specific portion of range, but that has not moved forward. There are certain uncertainties from a legal standpoint for Grizzly bear ecosystem. There are five factors for listing decisions. There are some inconsistencies from a legal standpoint for regulatory mechanism, and mortality and threat issues came up. Ms. Trever said it might be helpful to ask questions, but she wanted to give a big overview of why the Commission made that statement.

Chair Dinning said for clarity, if he understands, is that when you look at the 30,000 foot view for lack of a better term and you start including big portions of Canadian occupied territory of Grizzly bears, the Commission is saying that population should be a one class population across three zones once you look at a bigger scale? Ms. Trever said that is the Commission’s view. The Commission didn’t want to tell the State of Montana what to do, but they said those northern ecosystems are fingers that tie back to a larger population in Canada, so it’s appropriate to look at them in context of a group. That is where the Fish and Wildlife Service analysis provides lack of clarity and the Commission wanted to address that. The desire is to keep population or relocation of bears and treat them together in making de-listing decisions.

Chairman Dinning said if all the genetic connectivity has to occur, will that trend the population to one genetic makeup specially in going north or looking at fingers, and he asked why not treat them as one population now. Ms. Trever said to distinguish from the greater Yellowstone population. According to the Fish and Wildlife Service, the Yellowstone bear has low connectivity to the north even before the settlers. There are isolation issues as far as the Selkirks in a few generations. The choice is to have them roaming connected or manage them as separate population and then some of the recovery goals need revised.

Ms. Perry said Wayne Kasworm was able to join the call and she asked how we are coordinating as a state with Montana. Ms. Trever said the Fish and Game Commission is discussing coordinating the Commission. There is a meeting amongst three states and this will be a topic she assumes will be addressed. The Commission wants to make sure of a coordinating effort and make sure all entities, states, Canadian provinces, and the Fish and Wildlife Service have coordination whether in revised recovery or coordination reclassification. Ms. Perry said there is an annual meeting with the departments or Commissioners from Wyoming, Montana and Idaho, and they talk about a range of topics the three areas are interested in.

Brad Smith with Idaho Conservation League (ICL) asked the status of Grizzly Bear in Canada and of their management. Mr. Kasworm said as far as Grizzly bear in Canada there is not an Endangered Species Act, and as far as British Columbia is concerned, they do recognize the population in the Selkirks and Purcells as populations of special management and might even list as threatened or endangered at the provincial level. Mr. Kasworm said there hasn’t been a hunting season, and he mentioned Canada is drafting a management plan, but it’s not complete at this time. Until the mid 1990’s there had been limited entry hunt in the Selkirks north of the border and sometime around 1993 or 1994 the limited entry hunt eliminated due to conservation efforts. There hasn’t been a hunting season in the Yaak River drainage since the 1970’s. Mr. Smith asked if anyone in Canada has a population trend. Mr. Kasworm said the trend he manages mentioned Cranbrook, and he mentioned there is still some decline, but the rate of decline has been improving for some time. Mr. Kasworm said there are six female collared bears in the United States right now, but he is not sure about Canada. A 1.5% per year increase was mentioned. Ms. Trever said if good questions are raised later, she can always follow up. Dustin Mille said the same goes for the Office of Species Conservation, and that office appreciates Ms. Trever’s analysis. Mr. Miller said he will try to come to the September Kootenai Valley Resource Initiative (KVRI) meeting. Chairman Dinning thanked Ms. Trever and Mr. Miller for their time.

The conference call ended at 10:30 a.m.

Mr. Brown asked where Commissioners are going with this topic. Chairman Dinning said this was just informational. It was asked if there is a case that will lead to litigation with the Fish and Wildlife Service and Chairman Dinning said he couldn’t speak to that.

Commissioners recessed for lunch.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dinning, Commissioner Pinkerton, Commissioner Kirby, and Deputy Clerk Rohrwasser.

Blue Sky Broadcasting Reporter Mike Brown joined the meeting.

Commissioner Kirby moved to authorize the Chairman to sign the Resource Advisory Committee (RAC) Grizzly Bear Application. Commissioner Pinkerton second. Motion passed unanimously.

Attorney Tevis Hull and County Public Information Officer Mike Meier joined the meeting at 1:30 p.m.

Chairman Dinning said there has been some inaccurate information published in the newspaper and Commissioners are interested in having the accurate information printed and he asked if it would be appropriate for Commissioners to do that. Attorney Hull asked Mr. Meier where he is coming from. Mr. Meier said when you have an organization publishing erroneous information and you do nothing, it gives the information credibility, but if other information is published, the reader can decide which information is true. Mr. Meier said he would suggest Commissioners publish the facts otherwise people will assume whatever is published is true. Attorney Hull said it is perception and reality, and he said he agrees from a political and informational stance for the constituents. Information can be used to influence to vote certain ways. Attorney Hull said he would agree with Mr. Meier. Mr. Meier said Commissioners deserve to let people know the truth. Attorney Hull said taking the high road in the duration of negotiations is letting people know what is going on.

Attorney Hull said Commissioners need to agendize their discussion with Mr. Meier for the appropriate amount of time. Commissioners scheduled the meeting for this next Monday.

Mr. Brown left the meeting.

1:40 p.m. Commissioner Kirby moved to go into executive session under Idaho Code #67-2345(1)a, to consider hiring an individual agent; and 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. 2:45 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.  

3:00 p.m., Joe Farrell and Darlene Schneider with Pace-Kerby Real Estate, Planning and Zoning Administrator Dan Studer, and Airport Board member Don Jordan joined the meeting.

Chairman Dinning said there are some concerns about zoning near the airport and he wants to be careful as it relates to Planning and Zoning. Mr. Farrell said he requested the meeting as more of a fact finding mission more than anything else today. There is a piece of property listed for sale that is impacted by the zoning change. Dan Moore owns a couple pieces of property and a buyer had wanted to purchase all of the property. When the zoning was changed this area changed to commercial/light industrial. The buyers had been thinking of putting a home on the property in the future, but the fact that they now can‘t, they don’t want to buy it. The current zone doesn’t allow for residences. Now the buyers want to buy the other piece belonging to Mr. Moore and combine them. Mr. Farrell said that is the premise for him being here as he represents that property. The properties can now be sold and consolidated, but then there is a remaining piece. Mr. Farrell reviewed the area on a map with Commissioners and he mentioned Dennis Shelton doing some residential work and of his plan to sell. Commissioners reviewed the map for clarification. Mr. Farrell said he also owns property near this area as does Mr. Howard, and the airport may or may not end up owning that property in the future.

Chairman Dinning said he thought Dr. Moore had created a subdivision for a piece of property in that area, but he couldn’t recall if that had been approved. Mr. Studer said that had never been recorded. Chairman Dinning said he’s concerned. Mr. Farrell said he’s not representing that. Chairman Dinning said at this point this is what it is and whatever was changed was changed to commercial/light industrial, and he is sure everyone received noticed at one point. Mr. Farrell said he was not personally affected, but that zone goes to his property line. Mr. Farrell said he was not notified, but he doesn’t know if he was supposed to be. Chairman Dinning said with what is in place, what is it that Mr. Farrell is requesting? Mr. Farrell said just to brainstorm. Mr. Farrell said another thing Steve Moyer had pointed out on commercial/light industrial rules is that it says driveway access. In order to get a permit to build anything fewer than 15,000 square feet driveway access to a county road has to be there.

Mr. Farrell listed the residents who have homes along the rim and he wondered how this zone would affect those properties. Mr. Farrell said just he is just making Commissioners aware.

It was asked what good would it do to have 10 commercial lots on that road if Dr. Moore had gone forward with the subdivision. Ms. Schneider questioned what the use would be. Mr. Farrell asked about a zone amendment? Mr. Studer said that would require two public hearings. Mr. Studer said his recommendation was to have property owners meet with the Airport Board and propose a rural residential zone or even a residential zone. Just south of the airport is residential. This could take the area of impact and extend to the south of Sunrise road, according to Mr. Studer. Or have a rural residential zone, which is one area and would make more sense, according to Mr. Farrell.

Chairman Dinning said if it’s the owner’s desire to request that change, to do it properly there would have to be an application to the Planning and Zoning Commission and the Airport Board would have input at one point, but that doesn’t preclude from meeting with the Airport Board. Planning and Zoning would have a public hearing and Commissioners would also have a public hearing based on an appeal from the landowner who didn’t receive what they wanted, or to accept the recommendation of the Planning and Zoning Commission.

Mr. Farrell asked about the matter of having no access off of a county road. Mr. Studer said uses require a county permit so if a driveway accesses a county road, speak with Road and Bridge Superintendent Jeff Gutshall who fills out a paper saying the access would be approved and he would list the details. Chairman Dinning said he believes the zone change was because of the FAA or their suggestion. The county road is only to the turn, but it would be nice if the county brought that road up to the standards, according to Mr. Farrell.

Mr. Jordan said the Airport Board could meet with Mr. Farrell and his clients, but the Airport Board is an advisory board such as Planning and Zoning Commission, and this isn’t the area the Airport Board should be taking a lead in as it’s a Planning and Zoning role. Some of this could be a potential conflict with what the FAA thinks.

Commissioner Kirby and Mr. Jordan reviewed a map. Mr. Jordan said the airport has a runway protection zone the Federal Aviation Administration (FAA) is concerned about and he described it on map. Mr. Farrell said if this affects Dr. Moore and how would Dr. Moore get compensated for this. Mr. Farrell said Airport Manager Dave Parker mentioned it sounds like the Moore property is next for the 2016 project. It was said Mr. Parker had mentioned the Moore property, and that mention could be conveyed to Dr. Moore. Mr. Farrell said his job is to disclose any adverse information about a property.

Commissioner Kirby said to hold on to the property because the FAA will pay more than Dr. Moore had ever hoped. Chairman Dinning said if they want to change the zone, to fix this they need to go to the Planning and Zoning Board. Mr. Farrell said they wouldn’t want to do a zone change for Dr. Moore because he is in the runway protection zone. Chairman Dinning said he doesn’t want to say a decision is made because it’s in the runway protection zone. Mr. Jordan said a decision will hinge on several things. If the property is in the extension of the airport and if approved, the FAA would probably like to see the airport purchase that property and right now everything is in limbo. Chairman Dinning said for the process Commissioners probably can’t talk much more about this from the standpoint of potential court matters.

Mr. Farrell said there is no agenda, and he’s glad Mr. Moyer said something as he would have to claim negligence if he had sold property.

The meeting with Mr. Farrell, Ms. Schneider, Mr. Studer and Mr. Jordan ended at 2:30 p.m.

Commissioners tended to administrative duties.

There being no further business, the meeting adjourned at 3:22 p.m.

                                                            /s/

                                                            DAN R. DINNING, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy