***Monday, November 25, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston and Deputy Clerk Michelle Rohrwasser.  

Blue Sky Broadcasting Reporter Mike Brown, Boundary County Emergency Services Incident Commander Bob Graham and Terry Capurso joined the meeting.

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

9:00 a.m., Lincoln County Commissioner Tony Berget joined the meeting to discuss the US Forest Service Forest Management Plan Revision. Chairman Dinning informed Commissioner Berget that he has forwarded the check for the DNA study. It was said the new Forest Management Plan is 15% multiple use, additional wilderness and non-motorized use. Commissioner Berget said it would be nice to have areas open and there are wild and scenic rivers. If the Forest Plan is revised every 10 years, there is a lot to put in, according to Commissioner Berget. Commissioner Chairman Dinning said in watching this process the five northern counties have really come together on this matter. Mr. Graham said he has never heard all five counties take the same position on the Forest Plan. Chairman Dinning said he would like the economics to come back.

9:05 a.m., Road and Bridge Superintendent Jeff Gutshall and Office Manager Renee Nelson joined the meeting.

Commissioner Pinkerton said the five northern counties met one week ago and it was an interesting meeting. All counties were on the same page and stressed the lack of cooperation and communication the Forest Service had with counties. Commissioner Pinkerton said it was clear that everyone has had enough. Commissioner Berget commented if the Management Plan is revised every 10 years, why is there such a huge change.   

Commissioner Pinkerton moved to sign the letter to the Forest Service regarding the Kootenai National Forest and Panhandle National Forest Plan Revisions as presented by Lincoln County Commissioner Tony Berget. Commissioner Kirby second. Motion passed unanimously.

Commissioner Berget left the meeting at 9:10 a.m.

Mr. Gutshall presented a written Road and Bridge report to include: grading, installing a jersey wall with mounted reflectors and chevron markings at Roosevelt Road to help alert people to the curve, hauling rock to various places to fix up road approaches, rock crushing, and road sign work. Mr. Gutshall said he is working on financing for the grader.

Mr. Gutshall presented Commissioners with the professional services agreement for Deep Creek Loop. It’s the agreement with the consultant, according to Mr. Gutshall. The county signs on as a local sponsor and then the document is forwarded to the Idaho Transportation Department. Mr. Gutshall said he doesn’t know the final balance and when he did the walkthrough he expressed concern and the need for a guardrail.

Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Transportation Department Local Professional Service Agreement #8640, Project Name: STC-5804 Old US-2/Deep Creek Loop, Project No. A012(932), Key No. 12932. Commissioner Kirby second. Motion passed unanimously.

Mr. Gutshall presented Commissioners with the Local Highway Technical Assistance Council, Local Rural Highway Investment Program Application for year 2015. The purpose of this application is for maintenance chipseal on approximately 20 miles of county roadways. Mr. Gutshall said there is no match for this application.

Commissioner Kirby moved to authorize the Chairman to sign the local Highway Technical Assistance Council, Local Rural Highway Investment Program Application for 2015 for an amount requested of $100,000 for a total project cost of $300,000. Commissioner Pinkerton second. Motion passed unanimously.

Mr. Gutshall, Ms. Nelson and Mr. Graham left the meeting at 9:20 a.m.

Commissioner Pinkerton said he would like to put more consideration into Commissioners’ comments and objections regarding to the Forest Plan Revision. Commissioner Pinkerton said Commissioners concentrated on specific areas and the comments should be wider ranging.

Commissioners further discussed their comments and the deadline for submittal. Mr. Capurso said he knows this process is a long hard battle and he asked if he could offer, for consideration, an element of public interest in the Forest Plan Revision process. Mr. Capurso asked if it’s possible to consider a citizens natural resources group in Boundary County. It’s a good idea to engage the public in that aspect so it’s not just government fighting the issue, but so that citizens are fighting the issue as well. It may be a bit late for this Forest Plan Revision, but it’s just the beginning. Chairman Dinning said he and Commissioner Pinkerton have talked about that before so Commissioners will look at a variety of things. There are other issues to talk about and a lot are endangered species and natural resource related. Commissioner Pinkerton and Commissioner Dinning briefly talked about forming a type of advisory group or a group who is extremely knowledgeable in the subject. Mr. Capurso said that is a good idea and it would be strictly from the public back to Commissioners for consideration. It’s just another element and a matter of perception as it affects every person whether they realize it or not.

9:30 a.m., Courthouse Maintenance Jerry Kothe joined the meeting at 9:30 a.m.

Mr. Kothe presented a written department report to include: unloading paper bins, having worked in Memorial Hall part of a day, working on a shopvac and determining the motor is going out. Mr. Kothe said he also went to use the shopvac in his shop and it’s not working either, but that model is an old one. Mr. Kothe discussed the prices for a new vacuum. Commissioner informed Mr. Kothe that if he can shop locally, Commissioners would prefer that, but not if the cost is double. Mr. Kothe said he sanded and stained the window sill and floor trim in the third floor women’s restroom. Mr. Kothe said he had to run the pump at the fairgrounds to suck up the water. Clerk Poston asked if there is something that can be done as there is so much water in that area. Chairman Dinning said he took a look at that and the City of Bonners Ferry at one point proposed re-contouring that area and re-draining the water under the railroad tracks to a manhole. That would almost eliminate the need for the pump. Mr. Kothe said if water got too high, the pump could also be used so either way it would work. Chairman Dinning said he had asked for Mr. Gutshall to provide a quote to pave the fairgrounds parking lot from the restrooms south. Chairman Dinning questioned the location of drainage districts near the fairgrounds and he said if this is a part of Drainage District 1, there would be funds available to fix the problem with standing water.

Mr. Kothe brought back the pews and he said they do not squeak any longer.

Chairman Dinning asked who else can bring the flag down to half staff when Mr. Kothe is out for the day. Mr. Kothe mentioned talking to Squire Fields at the Extension Office about that as he has helped out in the past. Commissioner Kirby would be someone to contact if the boiler starts acting up and Mr. Kothe is gone.

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

Commissioner Pinkerton moved to cancel taxes totaling $30.24, specials totaling $131.48 totaling $161.72 for year 2013 for parcel #MH61N01W358800A as the mobile home has been moved and cannot be located. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

9:45 a.m., County residents Mr. & Ms. Jeff Schor joined the meeting to discuss a matter involving a homeowner’s exemption. Assessor Dave Ryals joined the meeting at Commissioners’ request. Mr. Schor explained that he bought his home from the Veteran’s Administration (VA) and that Community Title had neglected to contact the Assessor’s Office about taxes to charge the Veteran’s Administration. Mr. Schor said his taxes were based off year 2012 taxes that had the homeowner’s exemption benefit, but this benefit was not in effect for year 2013. What funds were taken out for escrow was not enough, according to Mr. Schor. Mr. Schor said he has owned his home for four months and he has to pay just over $1,000 now. Mr. Schor said he didn’t file a homeowner’s exemption application in time for year 2013, and he is now paying for the prior eight months loss of a home homeowner’s exemption. Mr. Schor said the total tax is $1,650.72 so he will be charged approximately $1,000 and seller charged $600.

Mr. Schor said Commissioners are his last stop and that he had found out about this issue after escrow closed in September. Community Title could have made one call to find this information out and the Veteran’s Administration will not pay any more, according to Mr. Schor. The Veteran’s Administration will not do anything and Community Title will not do anything so Commissioners are his last stop before he has to pay the bill. Chairman Dinning said per Idaho Code the only fix the county can do is if the county had made the error or if there is a hardship, which there is certain criteria to meet.

Assessor Ryals said the previous property owner lost the property to foreclose. As of January 1, 2013, the property was held by the Veteran’s Administration and the VA doesn’t qualify for a homeowner’s exemption. Chairman Dinning said the county doesn’t have the ability to help in this situation. Whoever closed the transaction made an error and that is the agency to actually rectify that error. Mr. Schor said the title company won’t take care of it. It is stated in the title company’s paperwork that they will not take care of any discrepancies, according to Mr. Schor.

The meeting with Mr. and Ms. Schor ended at 9:50 a.m.

Deputy Clerk Nancy Ryals and Chief Deputy Clerk Tracie Isaac joined the meeting at 9:50 a.m.

Commissioner Kirby moved to go into closed session under Idaho Code 31-874. Commissioner Pinkerton second. Motion passed unanimously. 10:00 a.m. Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.  

Commissioner Pinkerton moved to deny indigent account #2014-1. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting at 10:00 a.m. 

Mr. Capurso returned to the meeting and commented on issues with the Forest Plan revision.

10:05 a.m., Road and Bridge Superintendent Jeff Gutshall, Road and Bridge Office Manager Renee Nelson, Solid Waste Superintendent Claine Skeen, Chief Deputy Clerk Tracie Isaac, Clerk Glenda Poston, Sheriff’s Office Administrative Deputy Crystal Denton, and Chief Deputy Sheriff Rich Stephens were all present for a meeting to discuss the Personnel Policy in regards to holiday hours. Clerk Poston said it was discussed that employees who received eight hours of compensation for a holiday versus employees who receive 10 hours of compensation based on their eight hour or 10 hour work day. Chairman Dinning said if an employee who works 10 hour days has a holiday off, that employee is getting paid for 10 hours so Commissioners are trying to see what is fair and just as those employees are getting two extra hours.

Chief Deputy Sheriff Stephens said he has seen it done both ways, but say he takes a holiday off and he normally works a 10 hour shift. Does he use two hours of his own time or is that holiday covered? Chairman Dinning said he understands the time is still covered but the holiday hours are different. Mr. Gutshall said a work day is defined separately for a few different departments. Mr. Gutshall said if you have a 10 hour schedule, you would have to work two extra hours, but in the past he thought Commissioners had said if you get the day off then you get that off. Chief Deputy Sheriff Stephens said if he works on the holiday, a 10 hour shift, you get paid for that shift. Commissioner Kirby said it’s for those who don’t work on that holiday and get the time off. Those who would normally work eight hours got paid for eight hours and those who worked ten hours would get paid for ten hours. Mr. Skeen said eight hours is the normal holiday pay, and he provided a scenario of if Mr. Gutshall is called to plow snow from x to x and at that time he will receive time and one-half in pay for those hours. Ms. Nelson said it wouldn’t accumulate to eight hours. Mr. Skeen said Mr. Gutshall would already have been paid for those eight hours.

Clerk Poston talked about the ten hour shifts on a holiday as opposed to the eight hour shift and how ultimately it is not equitable. Clerk Poston said there is a whole mixture of scenarios. Chairman Dinning said currently for Thanksgiving everyone gets a paid holiday. Those who work eight hours get paid for eight hours and those who work ten hours get paid for ten hours. Those who work the ten hours get paid more hours per year so is that fair and how do we handle that. Mr. Skeen said his employees work four, ten hour days and if their shift falls on a holiday, they don’t get that time. Those employees would have to come up with two hours of their personal time to make up for that. Mr. Gutshall said during that holiday week Road and Bridge employees work an extra hour for two days, such as work two 11 hour days. Mr. Gutshall questioned being able to draft something to separate the issues.

Commissioner Kirby said the employees who work ten hours get paid the same as those who work eight hours. Chief Deputy Clerk Isaac and Ms. Nelson said those employees who work 10 hour would have to work two extra hours. Commissioner Pinkerton said if an employee worked the holiday, they get paid for the holiday. The question is how to cover those two hours to work into the 40 hour work week. Commissioner Pinkerton said it boils down to assigned 40 hours per week and to quit looking at days so much as hours. If one of those ten hour days fall on a holiday, if it wasn’t a holiday, you would be working and getting paid ten hours. Commissioner Pinkerton said at first he felt holiday hours were eight hours, but if the employee has to work an extra two hours, there is no benefit to that holiday. Chairman Dinning said the employee is being punished for those two hours.  

Chief Deputy Clerk Isaac asked about changing to a five day per week, eight hour per day shift for the week that has a holiday in it, but then said it would be confusing. Mr. Gutshall said the Sheriff’s Office could not do that as it would really mess up their schedule.  

Mr. Capurso said for someone who has no stake in the game, he had some information to simplify. Mr. Capurso said there are 52 weeks in a year so there is no loss of hours. If you look at this as per day, that would create a problem. The end of the year you work the same hours. When the holiday comes around that person who works the ten hour shift gets the holiday off and it all works out at end of year, according to Mr. Capurso. Chairman Dinning said those who work ten hours get additional pay. Mr. Capurso and Chairman Dinning then realized the employees who work ten hour days don’t get paid extra. Mr. Capurso said this employee may get a little more here and another employee there and at end of year it’s the same. Clerk Poston said it doesn’t work out that way. Mr. Gutshall said if that is unfair, then compensate for those two hour events. Chairman Dinning said Commissioners just wanted to have this discussion and raise thoughts to get a better understanding. Chairman Dinning added that he does understand what Mr. Capurso is saying. Commissioner Pinkerton spoke of a holiday worked. Chief Deputy Clerk Isaac said the employee who works ten hour shifts would get 20 hours more off if they worked the holiday. Chairman Dinning said this is about those holidays that are not worked. At the end of the day everyone gets paid the same amount of weeks at the end of the year, according to Chairman Dinning. Clerk Poston said one employee will work 30 hours and the other will work 32 hours. Mr. Gutshall said most ten hour employees are the ones in the overtime situation, and maybe the answer is that not all departments are the same. Mr. Skeen said if employees work ten hours, but only get paid for eight hours and have to use their own vacation hours, or they have to work an extra two hours, where is the benefit of working four, ten hour shifts. Commissioners will just let things be and think more about this. Ms. Nelson spoke of being able to save on overtime by keeping the schedule Road and Bridge is on.

The meeting to discuss holiday hours ended at 10:45 a.m.

Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Department of Juvenile Corrections Juvenile Justice Annual Financial Report with the reporting period of October 1, 2012 to September 30, 2013. Commissioner Kirby second. Motion passed unanimously.  

Commissioners reviewed the grant packages through the Bureau of Homeland Security.

Deputy Clerk Nancy Ryals joined meeting at Commissioners’ request to help in clarifying the purpose of the HSGP grant.

11:00 a.m., Commissioners contacted Bureau of Homeland Security Local Area Field Officer Jay Baker. Mr. Baker informed Commissioners that the funds from the HSGP funds are used to provide support to enhance the ability to respond primarily to terrorist incidents and the use has been expanded for the response to all hazards. Boundary County’s primary use has been to enhance communications and there is no grant match, per Mr. Baker. The call ended at 11:01 a.m.

Deputy Clerk Ryals left the meeting at 11:01 a.m.

Commissioner Pinkerton moved to authorize the Chairman to sign 2013 Emergency Management Performance Grant Sub-grant Award document package, Award #EMW-2013-EP-00061 for $12,784.49. Commissioner Kirby second. Motion passed unanimously.   

Commissioner Pinkerton moved to authorize the Chairman to sign the 2013 Homeland Security Grant Program Sub-grant Award document package, Award #EMW-2013-SS-00149 for $25,903.69. Commissioner Kirby second. Motion passed unanimously.

Commissioners spoke to County Attorney Tevis Hull at 11:10 a.m., via telephone.

Chairman Dinning asked Attorney Hull if he had seen the agreement from Western Resources Legal Center and Ms. Lobdell’s email response to his concerns. Commissioners asked if the agreement is ready for their signature. Attorney Hull said he had no objections to the agreement. The telephone call to Attorney Hull ended.

Commissioner Pinkerton moved to authorize the Chairman to sign the Attorney/Client Agreement with Western Resources Legal Center on Commissioners’ behalf in regards to the U.S. Fish and Wildlife’s critical habitat designation for caribou in Idaho. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

Commissioner Pinkerton moved to sign the letters of objection in regards to the proposed 2013 Idaho Panhandle National Forest and the Kootenai National Forest Plan Revisions. Commissioner Kirby second. Motion passed unanimously.

Commissioners said they may continue their discussion of the National Forest Plan revision tomorrow at 9:00 a.m.

11:45 p.m., There being no further business, the meeting recessed until tomorrow at 1:30 p.m.

***Tuesday, November 26, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Duane Holderman joined the meeting to discuss the status of his business’s non-profit status in relation to property taxes. Assessor Dave Ryals also joined the meeting.

Mr. Holderman said the business is Sunset Assisted Living and he has applied for non-profit status. Mr. Holderman said he received a letter from the Internal Revenue Service (IRS) on October 2012 that the application for non-profit status has been received, but he has been waiting since then for final status. Chairman Dinning said in checking with the County Assessor for the current tax year all Mr. Holderman is showing as potentially taxed is the parcel. Assessor Ryals agreed in that it’s just land currently. Mr. Holderman said he feels the assisted living facility is going to be a non-profit company and he is looking to see if it’s possible to reverse this year’s tax amount of $999.36 and if not, he would like to get started for the next year. Assessor Ryals said there is no structure on the property so the amount is just tax and specials for forest/ag. The property consists of approximately four acres and there is a commercial rate on this land.

It was said at this point in time, the assisted living facility is technically not a non-profit. Mr. Holderman informed Commissioners the (IRS) will go back retroactively if the application is approved. Chairman Dinning said if the non-profit status had been in effect, then the property wouldn’t have been subject to tax this year. Mr. Holderman said this is the first he’s realized this. Chairman Dinning said he doesn’t know what the county can do, but Commissioners can talk to the county civil attorney to see if there is anything that can be done. Chairman Dinning said Commissioners can’t just eliminate taxes because they want to. Mr. Holderman will hopefully turn this application in for the next year, if nothing else. Assessor Ryals said the sooner the better, but his office’s drop dead date is the fourth Monday in June. The letter will need the proper documentation to support the non-profit status, according to Assessor Ryals. Mr. Holderman said there had been a lot of communication in the beginning to make sure the IRS received the application, but then about one month ago the IRS requested more information so he feels the process is just about done. Chairman Dinning reiterated Commissioners will have to talk to the county attorney. Assessor Ryals stated that the fourth Monday in June is the deadline for him to be able to make changes.

The meeting with Mr. Holderman ended at 1:40 p.m.

Assessor Ryals explained how his work is time sensitive in order to set values to provide the Clerk so she can determine the county’s levy, etc. Those present discussed the scenario of canceling value the following year subject to non-profit status, but if not, the property owner would owe the tax. Assessor Ryals said the new building would be on the subroll in addition to the land for next year. Chairman Dinning said the land value can be canceled, but when is it appropriate to cancel value on the building. Assessor Ryals said to check with Attorney Tevis Hull, but he doesn’t think anything can be done.

Assessor Ryals left the meeting at 1:50 p.m.

1:50 p.m., Planning and Zoning Administrator Dan Studer stopped by Commissioners’ Office. Blue Sky Broadcasting Reporter Mike Brown also joined the meeting.

Mr. Studer informed Commissioners that he wanted to voice concerns about the proposed Comprehensive Plan amendment. The Planning and Zoning Commission has held workshops, etc on the proposed amendment. Mr. Studer said he had a phone conversation last Thursday prior to the Planning and Zoning Commission meeting and was informed that some members of the public are not handling this proposed amendment in a respectful manner and he wanted to alert Commissioners that if they are approached about civil disobedience, etc., those matters have been brought to his attention. Things have been respectful up to date, but Commissioners could be approached out in the public and it may not be all that respectful, according to Mr. Studer.

Mr. Studer left the meeting at 1:56 p.m.

Commissioners tended to administrative duties.

Commissioner Kirby moved to approve the minutes of November 18 & 19, 2013. Commissioner Pinkerton second. Motion passed unanimously.

2:00 p.m., Park and Recreation Board Chairperson Pam Copeland joined the meeting to discuss maintenance issues with Commissioners. Ms. Copeland said the Parks and Recreation Board have been discussing at length the way the budget is set up for maintenance salaries as it pertains to part-time and trainees. Ms. Copeland said the Board has met with two people who had done the job prior and there are concerns. Ms. Copeland presented the Board’s proposal to Commissioners for their opinion. Ms. Copeland said she would like to take the salary for part-time and trainee positions, combine them and divide that in half for two part-time employees for 26 weeks. The positions would overlap so there would be man power for spring and fall. Clerk Poston voiced concerns about the six month period for a seasonal employee and staying under 30 hours per week. Chairman Dinning said he believes that seasonal employees falls into the issue of keeping below 30 hours per week so Commissioners will need to look into that. Ms. Copeland said other than that issue, are Commissioners okay with the proposal?

Ms. Copeland said in looking at how the position was rated last year, the Parks Board went by that information and she would like to resubmit the job description so it can be re-rated. This is the description for the position once held by Dick Brown. Clerk Poston said she doesn’t see the description needing to be rewritten. Ms. Copeland said there had been a statement about the supervisor that needed changed. 

Chief Deputy Clerk Tracie Isaac joined the meeting at 2:05 p.m.

Commissioners reviewed the job description and it states the immediate supervisor for this position is the sports director, but it should be the maintenance supervisor and the Commissioners. Commissioners informed Chief Deputy Clerk Isaac there is $15,550 between the two line items for part-time help and it was proposed just having two part-time employees; not a part-time employee and a trainee.

The budget is for 30 hours, but these are seasonal employees so they may have to reduce those hours to 29. Ultimately Commissioners will approve the person who fills the position, but Commissioners want the recommendation of the Parks Board. The job description will be updated in regards to the supervisor and the season should be from April to September.

Chairman Dinning said $67,000 is the total for phase 1 of the new playground grant. It was said there is $22,000 in the budget so far. Ms. Copeland said there are more funds that have been donated from various organizations that total approximately $40,000.

Chief Deputy Clerk Isaac left the meeting at 2:15 p.m.

The meeting with Ms. Copeland ended at 2:15 p.m.

Deputy Clerk Nancy Ryals joined the meeting at 2:16 p.m.

Deputy Clerk Ryals discussed the Western States Competitive Grant with Commissioners. It was determined if the county has to cover costs to process the grant application, those costs will be paid out of the Commissioners, Professional Services budget. Deputy Clerk Ryals said there is the Fire Managers Grant and the Western States Competitive Grant and Boundary County has a good chance in being awarded. The county will know by next month if they are awarded the Western Competitive Grant, but will not know about the Fire Managers Grant until January. This grant includes weed management, fire, collecting seeds, etc., and it’s new, and the county would be awarded 5% of the grant to administer that portion of the grant. There is the fire mitigation grant that Panhandle Area Council is administering, the CPP Grant, and the county may get more funds from that grant as well.     

Deputy Clerk Ryals left the meeting at 2:25 p.m.

Commissioners tended to administrative duties.

Clerk Poston left the meeting at 2:47 p.m. 

Commissioner Pinkerton moved to nominate Commissioner Walt Kirby to a position on the Catastrophic Health Care Cost Program Board. Chairman Dinning yielded the chair to second. Motion passed unanimously.

There being no further business, the meeting adjourned at 3:05 p.m.

                                                            /s/                                                                                  DAN R. DINNING, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk