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***Monday,
January 13, 2014,
Commissioners met in regular session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, 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 to give the departmental
report. Mr. Gutshall presented a written report.
Mr. Gutshall said there is no damage to roads as
it has stayed frozen. Mr. Gutshall briefly
mentioned hearing comments pertaining to water
runoff from a county road, but any drainage work
that is going on has mainly been on the
increased side and he doesn’t change the
drainage pattern.
Mr. Gutshall said two drains have been
constructed by the golf course near where the
jersey walls had been placed and now another
drain was dug last week so it has a free flow.
Nystrom Hill had an issue as a result of the
storm, according to Mr. Gutshall. The pitch of
this road is steep and the driveways come off at
an angle. There are culverts on this hill, but
it doesn’t address the runoff that comes out of
the driveways so that needs to be addressed. Mr.
Gutshall spoke of working on guardrail repairs
on several bridges.
Next Boundary Area Transportation Team (BATT)
meeting will be on the 29th of this
month. Dan Coonce with Local Highway Technical
Assistance Council (LHTAC) will review
consultant proposals for the proposed
Trout Creek
Bridge project. Mr. Gutshall spoke
of working with various engineering firms.
Mr. Gutshall said Boundary is eligible to submit
a bridge application this year. There are three
small bridges on Ruby
Creek Road that
qualify for this program. The bridge #2 has a
sufficiency rating low enough to qualify for
replacement. This particular bridge is a 39 year
old homemade bridge and the other two bridges
are similar. Mr. Gutshall spoke of the work that
had been done to widen
Ruby Creek Road.
Ruby Creek Road is
currently a one lane road for one half mile so
it would be a good project to improve the
bridge. Two of the bridges serve the residents
beyond NW Academy. Mr. Gutshall said the cost
for replacement is listed $250,000, but Mr.
Gutshall said it wouldn’t cost that much if the
improvement is done the way he wants. Mr.
Gutshall mentioned wanting to include a modular
retaining wall. Mr. Gutshall further discussed
his proposed plan for one of the bridges. If
this bridge project is approved, the county
would receive notice sometime this fall, but
construction wouldn’t occur before year 2016 so
it would possibly be during year 2017.
Commissioner Pinkerton moved to authorize the
Chairman to sign the 2014 Highway Bridge Program
for Ruby
Creek Bridge
#2. Commissioner Kirby second. Motion passed
unanimously.
Mr. Gutshall left the meeting at 9:30 a.m.
9:30 a.m.,
Courthouse Maintenance Jerry Kothe joined the
meeting to give his departmental report. Mr.
Kothe said he met with Boundary Volunteer
Ambulance President Ken Baker and Mike Smith,
who owns Cool-It, about the furnace issue. Mr.
Kothe said he is not yet sure if someone has
spoken to the Fire Marshal about this. There are
oxygen tanks stored in the ambulance barn and
that may be the main concern, but the tanks are
upright and secured. If those 80% furnaces will
work with combustibles, it’s a matter of
relocating duct work and some work to the gas
lines as they weren’t installed properly. If the
county can use a 90% furnace, the system will be
legal as those furnaces suck air in. Chairman
Dinning asked if the existing furnaces can be
adjusted.
Mr. Kothe resumed reviewing his department
report to include running the water pump all
weekend, plowing snow and applying salt. Mr.
Kothe spoke of plowing around Memorial Hall and
the fairgrounds. This area was also checked this
morning and most of the ice and snow is melting.
Mr. Kothe said other than that he has checked
the tractor to make sure everything is tight and
hauled Clerk’s Office records from the vault
basement. Everything looks good as far as water
and damage, according to Mr. Kothe.
Mr. Kothe said he did review his existing job
description since he is retiring soon and he
didn’t see much that needed changing.
Commissioners asked for a copy of Mr. Kothe’s
job description.
Mr. Kothe left the meeting at 9:40 a.m.
Deputy Clerk Nancy Ryals joined the meeting at
9:40 a.m.
Commissioner Kirby moved to go into closed
session under Idaho Code #31-874. Commissioner
Pinkerton second. Motion passed unanimously.
9:48 a.m., Commissioner Kirby moved
to go out of closed session. Commissioner
Pinkerton second. Motion passed unanimously.
Commissioner Pinkerton moved to reschedule the
appeal hearing for indigent application #2014-1
for March 24, 2014 at
10:00 a.m. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Pinkerton moved to write off
indigent account #2009-34 in the amount of
$9,721.00 and indigent account #2009-37 in the
amount of $1,350.00 as the obligated person is
deceased and there is no estate. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to deny indigent
applications #2014-11 and #2014-9 as per the
Clerk’s recommendation. Commissioner Kirby
second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at
9:50 a.m.
Boundary Volunteer Ambulance (BVA) President Ken
Baker joined the meeting at
9:58 a.m.
10:00 a.m., Commissioner Kirby moved to recess
as the Boundary County Board of 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
December 16, 2013. Commissioner
Pinkerton second. Motion passed unanimously.
10:03 a.m.,
Commissioner Kirby moved to adjourn as the
Governing Board of the Boundary County Ambulance
Service District and reconvene as the Boundary
County Board of Commissioners. Commissioner
Pinkerton second. Motion passed unanimously.
Mr. Baker informed Commissioners that BVA had
840 calls last year. Commissioner Pinkerton
asked Mr. Baker how close BVA is to getting a
paramedic. Mr. Baker said BVA is working on a
contract for a paramedic right now. BVA is also
close to getting a contract with the City of
Bonners Ferry for housing
as currently there is no place to house a full
time responder.
Mr. Baker left the meeting at 10:05 a.m.
Commissioner Pinkerton moved to adopt Resolution
2014-10. A resolution authorizing the sale of
surplus county property at public auction.
Commissioner Kirby second. Motion passed
unanimously. Resolution 2014-10 reads as
follows:
RESOLUTION NO. 2014-10
A Resolution
Authorizing the
Sale
of Surplus
County
Property
at Public Auction
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/_____________________________
Dan R. Dinning, Chairman
s/______________________________
LeAlan L. Pinkerton, Commissioner
s/______________________________
Walt Kirby, Commissioner
ATTEST:
Glenda Poston
Clerk of the Board of
County
Commissioners
Recorded as
instrument #259815
Clerk’s Note: A
complete list of surplus items can be found with
the original resolution located in the Clerk’s
office vault.
Commissioners discussed a lease the county has
with Mike and Trevelyn Sheppard for a small
piece of property used for advertising the
Porthill Mercantile and Bistro.
Commissioner Pinkerton moved to renew the lease
with Mike and Trevelyn Sheppard for property in
Porthill for the purpose of advertising for the
Porthill Mercantile and Bistro. Commissioner
Kirby second. Motion passed unanimously.
Commissioners addressed a request for an
extension for 2013 property taxes.
Commissioner Pinkerton moved to grant an
extension of time to pay taxes for year 2013 for
parcel #MH61N02E04391BA as follows: the first
half of year 2013 taxes are to be paid now and
the second half of year 2013 taxes are to be
paid no later than June 20, 2014. Commissioner
Kirby second. Motion passed unanimously.
Those present discussed custodial and
maintenance duties.
Commissioners reviewed claims for payment. Fund
totals are as follows:
Current Expense
$48,543.76
Road & Bridge
67,898.21
Airport
4,492.80
District Court
13,896.71
Fair, County
39,140.00
Justice Fund
43,842.62
911 Funds
3,768.11
Health District
26,664.50
Indigent & Charity
15,129.15
Parks and Recreation
955.84
Revaluation
435.67
Solid Waste
10,938.22
Tort
98,538.03
Veterans Memorial
351.18
Weeds
1,080.41
Restorium
25,427.78
Waterways
286.19
Grant, Airport
218,711.00
Grant, Fire Mitigation
13,684.38
TOTAL
$633,784.56
Citizens are invited to inspect detailed records
on file in the Courthouse (individual claims &
Commissioners’ allowance & warrant register
record 2013-2014).
Commissioners tended to administrative duties.
10:50 a.m., Boundary County Emergency Services
Incident Commander Bob Graham joined the meeting
to discuss proposed changes to Public Law 84-99
for assistance on levees and dikes. Over the
last month the home office of the US Army Corps
of Engineers sent out pre-proposals on changing
their response to levees that are in danger or
in trouble, according to Mr. Graham. There are
only a couple miles within the City of
Bonners Ferry that are
eligible. Mr. Graham said there are three areas
that still do not qualify for assistance and
they are the Kootenai River Inn and Casino, the
levee across the river on the north side, and
one by the Search and Rescue/Waterways building.
So far this information has not drifted down to
the counties, except for the City of Coeur d’
Alene. The
City of Coeur d’ Alene representatives had
attended a meeting with the Corps’ officials a
month ago and just two days prior to that
meeting the Corps’ officials received their
third change for repairs of levees and dikes.
Mr. Graham said the Corps is not working on the
north fork of the
Coeur d’ Alene
River. This area was
way over built and it has lots of trees and
Coeur d’ Alene was looking for a variance, but
things have changed. Mr. Graham said
Boundary
County should be receiving a letter in the next
month after the Seattle Corps of Engineer Office
receives guidance from the main
Washington D.C.
office as to what the change means. The
Seattle
office doesn’t know what the three notifications
mean to changing management of levees. Mr.
Graham said everything is in limbo now and as
far as the county is concerned nothing has
changed, but when the county receives the letter
the county is no longer eligible for repairs.
Mr. Graham said the county is still eligible for
using the Corps’ flood fighting capabilities and
personnel if there is a current flooding problem
and that is when an emergency is declared. The
instance involving the work done in Copeland
last year when the county had to cost share will
probably worsen, according to Mr. Graham. If the
Corps come to Boundary County to flood fighting,
they will assist at no charge, but last year the
county had to share the expense and that will
get worse so that needs to be kept in mind. If
that happens we need to convince the Corps’
Colonel that we have enough infrastructure that
is threatened, according to Mr. Graham. The
Corps provided, furnished and delivered rock,
but the county placed the rock and only had to
pay for the mechanics who placed rock on the
dike.
Mr. Graham said last week was the final week of
the federal employees’ use it or lose it annual
leave so very few of the higher echelon were in
the office last week. The Corps will keep the
county posted, but we may go through spring in
limbo or on a case by case basis, according to
Mr. Graham. Repairs may be more touchy a far as
cost share.
Chairman Dinning said he asked Bob Olson to
inform the dike districts to build up their cash
if they could. Chairman Dinning said he’s also
been working with Beth Reinhardt with the Corps
and we have almost gotten to the end of a
process that is closed. There is a slopes
document that will allow the Corps five or six
projects each year to work on that can be
excluded from having to go through the full
National Environmental Policy Act (NEPA)
process, and when this plan is completed
Chairman Dinning said he would schedule a
meeting with local farmers to talk about it.
Chairman Dinning said for clarification that
this is a policy change and Mr. Graham agreed
and added that there doesn’t have to be public
input. Mr. Graham said if the dike districts
came up with projects that were not too large,
that would be a good move. Reinforcement for
some of those levees up north would be good.
Chairman Dinning said Mr. Olson made application
to Ms. Reinhardt with the Corps and sent her
pictures of the rock that had been placed in
that area during prior work. Prior levee work
has to be shown and then it exempts that levee
from the NEPA process and Ms. Reinhardt has
approved that.
The meeting with Mr. Graham ended at 11:15 a.m.
Commissioners tended to administrative duties.
Commissioner Pinkerton moved to grant an
extension of time to pay year 2013 taxes for
parcel #MH002700020310a as follows: payments of
$50.00 per month will be made on the fifth of
every month beginning February 5, 2014 until
paid in full. Commissioner Kirby second. Motion
passed unanimously.
Commissioners recessed for lunch at 11:50 a.m.
4:15 p.m., Commissioners met for the afternoon
session with Chairman Dinning, Commissioner
Pinkerton, Commissioner Kirby, Clerk Poston, and
Deputy Clerk Rohrwasser.
Blue Sky Broadcasting Reporter Mike Brown,
Airport Board members Jay Wages and
Bob Blanford, Airport Manager
Dave Parker, property owners Don Stolley and
Robin Merrifield, J-U-B Engineer
Brad Niemeyer, and County Civil
Attorney Tevis Hull joined the meeting.
Attorney Hull
informed those present that he met with Ms.
Merrifield and Ms. Stolley late last week to
provide them with an update on information as
provided by Mr. Niemeyer. Moving expenses
totaling $10,800 has been confirmed by Gary
Gates of the Federal Aviation Administration
(FAA), but it is not payable until all personal
property is removed from the Merrifield property
the county wishes to purchase. Attorney
Hull reviewed breakdown
of costs. It was stated that $84,000 is left to
complete the Merrifield’s purchase of the
Stolley property. Of the figures presented to
Commissioners $8,400 is the amount the
transaction is short to close.
Attorney Hull
addressed the contract between the county and
Merrifields. The contract is a little more than
$207,000. The replacement cost of the house is
$64,000 and that has already been approved by
the FAA. What is problematic in the money flow
is that the appraisal on the Merrifield’s
current home is only $190,000. The purchase is
the difference $207,000 and $190,000 which is
$17,000. All the cash the Merrifields would get
at closing will go to escrow, according to
Attorney Hull. The amount of $10,800 has been
approved for moving expenses after the
Merrifields move their personal property and
after the funds have been applied for. Two
factors outstanding are interest differential
between the Merrifield’s purchase property and x
amount of interest to pay. Mr. Niemeyer has sent
the FAA different calculations than the FAA
prefers so that has been discussion between
them. It was said that Mr. Niemeyer had talked
to Mr. Gates last Friday about the interest
differential payment and it appears there is
justification for that so it is eligible, but
Mr. Gates still has questions on how it was
calculated. Mr. Niemeyer is to input the
existing Merrifield loan information into a
spread sheet, but it doesn’t fit the FAA’s
format. There should be more communication on
that tomorrow and Mr. Niemeyer and Mr. Gates
will talk through that. Attorney
Hull said that leaves
$17,000 in negative equity. Attorney
Hull
said when he spoke with the Commissioners last
week the waiver had not been applied for, but
Ms. Merrifield had informed him that Roxanne
Grimm of Epic Land Solutions had represented to
her that the waiver had been applied for and
that money was not an issue. Mr. Niemeyer said
even if the waiver had been applied for, it
takes two weeks to two months to get since the
request has to go to the FAA Washington D.C.
Office as the house has negative equity and that
has not happened in the past. Mr. Niemeyer said
Ms. Grimm mentioned the waiver had already
passed the Federal Highways Administration (FHWY),
but the FAA has to pass their own waiver.
Chairman Dinning said for clarification that in
today’s FAA rules this isn’t even something that
is allowed in this situation and the FAA will
have to insert it into their rules. Mr. Niemeyer
said it’s a conflict. Attorney
Hull said the issues have got to be
resolved for the Merrifields so they can go on
with their lives.
The Merrifields and Stolleys know they will get
a specific amount of funds and moving expenses
once property is moved. Attorney Hull
asked if those amounts could be put into the
Delphi system. Mr. Niemeyer said the
check goes to the county first. Mr. Niemeyer
said he is hoping to get the interest
differential resolved. Mr. Niemeyer said if
approved and you take $47,000, the $10,000 in
moving expenses and approximately $19,000 for
arguments sake, take that pool of cash and we’re
still approximately $7,000 shy of the magic
number of $87,000. Attorney
Hull said if the county
is on the hook for the negative equity anyway,
he wanted to inquire if Commissioners would be
interested in taking out a loan for $17,000. If
the county did take out that loan, it would be
payable in one year and the county could cash
out the Merrifields completely. The Merrifields
could then close on their property with the
Stolleys and the county is on the hook for
$17,000. Once the waiver is received that money
from the waiver would go back to pay the loan.
Chairman Dinning said he’s trying to get to the
magic number of $84,000 or the total of what the
Merrifields have coming because it is $84,000.
Attorney Hull
said if it all worked, the Merrifields would
receive $64,000, $10,800 and the lender would
get $17,000 so that is $93,800. Chairman Dinning
said in essence the Merrifields would receive an
additional $9,000. Chairman Dinning said if the
county did borrow the funds, the bet the county
is taking is the federal government at the FAA
level saying “yes” in allowing the waiver.
Attorney Hull
said yes. Attorney Hull
clarified that the county is on the hook one way
or another.
Ms. Merrifield said when discussing this last
July with Ms. Grimm and approval of the waiver
had been discussed, she didn’t realize there
were two applications. Mr. Niemeyer explained
that the FHWY Administration relocates many more
people for rights-of-way than the FAA. FHWY
Administration has its own process for approving
waivers, but they cannot approve the waivers on
behalf of the FAA. Ms. Merrifield said she had
no indication of which agency had approved the
waiver. Ms. Merrifield reviewed a break down of
the voucher she has and she said she was
surprised by the deduction of $17,000 so that
told her the waiver had been approved. Attorney
Hull
asked Mr. Niemeyer about being 75% sure of
waiver. Commissioner Pinkerton spoke of that
percentage being reduced since its two different
agencies. Even though it’s hopeful the waiver
will pass, it’s to a lesser degree. Attorney
Hull
said if Commissioners go into this, they need to
do so without the thought of getting anything
reimbursed. Commissioners agreed it’s the best
thing to do for the Stolleys and Merrifields.
Chairman Dinning said on the Dinning property,
how much is coming from the state. The response
was $11,390 and that the process had been
started. Mr. Parker said the state usually takes
some time. Chairman Dinning said rather than
borrow the funds, what are the thoughts of using
grant match funds. Mr. Wages asked if that would
leave the budget short for other matches. Mr.
Parker said there is $40,000 in that budget and
J-U-B has to be paid out of that in addition to
the future of other land purchases to talk
about.
Mr. Niemeyer said Mr. Gates informed him that
the replacement housing and interest
differential will not be eligible up front.
Commissioners said that is talking about the
full $83,000. Attorney Hull
said the Commissioners cannot make that happen.
Mr. Gates will not be able to move forward until
the documents are recorded, according to Mr.
Niemeyer. Ms. Merrifield said it’s her concern
to relinquish rights to her property with no
guarantees. It would be complete blind faith
that Mr. Gates would say now that the documents
are recorded, the funds will be released to move
forward. Ms. Merrifield said she would lose
bargaining power and she asked what she would be
able to get in writing. Mr. Niemeyer said this
isn’t closing on the property the county is
purchasing from Merrifields, but it’s the
closing on the Stolley house. Ms. Merrifield
questioned if the county would have to put out
$207,000 up front. Mr. Gates needs to have
recorded documents and he had been asked if he
would accept something such as certificate of
title and that will not work, according to Mr.
Niemeyer. Commissioner Pinkerton said now it’s
not the $17,000 that is the problem, it’s the
entire amount. Attorney
Hull
asked what if the contract for $300,000 was
rewritten. The transaction would close and in
the contract $84,000 would be payable in month.
Attorney Hull
said he could do a deed in lieu of foreclosure.
Attorney Hull
said it gets the property to where it’s in the
new owner’s name. Mr. Niemeyer said for the FAA
it needs to be clearly stated. Mr. Gates is
looking at $212,000 to calculate the mortgage
interest statement. The amount of $64,000 needs
to be shown as the down payment. Mr. Niemeyer
said he needs to be in conversation with Mr.
Gates and Attorney Hull. Attorney
Hull
suggested meeting tomorrow at 12:30 p.m. pacific
time. Chairman Dinning asked Mr. Stolley if he
agreed to this. Mr. Stolley said this just blows
his mind. Money was supposed to come in to the
Stolley’s escrow account. Attorney
Hull
said now we don’t even get the money. Ms.
Merrifield said according to the last meeting,
it was a direct fund and all that was left was
the $17,000.
Commissioner Kirby moved to schedule a meeting
on Tuesday, January 14, 2014 at 12:30 p.m., with
Gary Gates of the Federal Aviation
Administration to discuss the Merrifield
property purchase and to possibly make a motion
in regards to funding. Commissioner Pinkerton
second. Motion passed unanimously.
Mr. Niemeyer, Ms. Merrifield and Mr. Stolley
left the meeting at 4:55 p.m.
It was said that for the county to be reimbursed
the cost of the trees on the Dinning property,
the county has to obtain three estimates for
logging, but if the county does not request
reimbursement, the property can just be logged
without having to obtain quotes. Attorney
Hull said Mr. Gates has
been very clear that any income gained from
these properties would go into the Airport’s
budget.
Mr. Brown left the meeting at 5:00 p.m.
5:05 p.m., Commissioner Kirby moved to go into
executive session under Idaho Code #67-2345(1)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. 5:30 p.m.,
Commissioner Kirby moved to go out of executive
session. Commissioner Pinkerton second. Motion
passed unanimously. No action was taken.
5:50 p.m., There being no further business, the
meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, January
14, 2014,
Commissioners met in regular session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby, Clerk Glenda
Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioner Kirby moved to authorize the
Chairman to sign the Municipal Lease Purchase
Agreement #20288512 regarding the Western
States/Caterpillar Motor Grader, Model 140M2,
AWD, Serial #M9J00807, as it has been approved
by the county’s civil attorney. Commissioner
Pinkerton second. Motion passed unanimously.
9:00 a.m., Chief Deputy Sheriff Rich Stephens
joined the meeting.
Chief Deputy Sheriff Stephens spoke of reviewing
Operation Stonegarden documents and reports with
Bureau of Homeland Security Local Area Field
Officer, Jay Baker. Quarterly reports for this
grant have to be done and on some of these forms
the grantee is supposed to sign as the person
preparing the reports. Chief Deputy Sheriff
Stephens asked Commissioners if they would
designate someone at the Sheriff’s Office to
sign these documents on behalf of Commissioners.
Clerk Poston said her office receives the funds,
but she questioned if the grant related
documents are making it to her office. Clerk
Poston said she needs to have all grant
documents on file in her office for audit
purposes. Chairman Dinning said Commissioners
have not authorized another signer for any other
office to date, and he added that since he has
been a Commissioner they have maintained that
they are the signers on behalf of the county.
Chief Deputy Sheriff Stephens said documentation
and reporting requirements change just about
every year. Chief Deputy Sheriff Stephens said
if Commissioners prefer, he can just bring the
documents over for them to sign and to explain
what the paperwork is about. Commissioner
Pinkerton briefly explained his experience with
the Stonegarden Grant and he said he would
hesitate to change anything at this point, but
if this was a new grant, Commissioner Pinkerton
said he would be more inclined to say go ahead.
Chief Deputy Sheriff Stephens said it was just a
suggestion mainly for the quarterly reports.
Chairman Dinning said Commissioners are the
agency who can enter into a contract on behalf
of the county.
Clerk Poston asked Chief Deputy Sheriff Stephens
to check on documents for the Boat Safety Grant.
Clerk Poston informed Chief Deputy Sheriff
Stephens that the county’s outside auditor had
commented on audit reporting for the county
vehicles that go home with an employee for the
various departments. Commissioners said they
will get clarity on that. Clerk Poston said she
believed that law enforcement was exempt in this
matter.
The meeting with Chief Deputy Sheriff Stephens
ended.
Commissioners tended to administrative duties.
9:30 a.m., Parks and Recreation Board
Chairperson Pam Copeland and Angela Hittle
joined the meeting to update Commissioners on
the proposed playground project. Bonners Ferry
Herald Reporter Laura Roady also joined the
meeting.
Ms. Hittle presented Commissioners with
paperwork on the proposed playground and said
when looking at the numbers it still does not
quite meet the goal. The bid for concrete
curbing and sidewalks in phase 1 is
approximately $13,000, which is a bid as if
someone else is going to do this work, but the
Parks and Recreation Board has now planned on
doing this work themselves so will be a
substantial savings. It was said the Parks Board
is fairly confident that they will be close
enough to pay for a spring install, weather
permitting, maybe by April 2014, but a lot of
things can be done before excavation and by then
the Parks Board is confident they will be at the
limit or more. Ms. Hittle said all businesses
will be approached for possible donations.
Chairman Dinning responded that requesting
donations may be sensitive as people already pay
taxes.
Ms. Copeland explained the letter that will go
out and the conversation that will explain what
will occur with the donations. Ms. Hittle said
sponsorships are not requested, but would be
something at someone’s own free will to donate.
Ms. Hittle said the plan is to follow the leads
for donations and work towards the install for
phase 1, which is all ground work and something
that board member Rob Tompkins
is more involved in. The Parks Board will have
the existing swings refurbished, but a T bar for
infants and toddlers will be added. That area of
the swings is not a nice shape so that area will
be squared off.
Chairman Dinning said he sees the cost of $6,000
for mulch material, but Commissioners just
approved a permit for a mulching facility so
that may be a good contact as well as a possible
significant savings. Ms. Hittle mentioned
trucking services as a donation to be used so
when the term soliciting donations is mentioned,
it’s not necessarily funding.
Ms. Copeland informed Commissioners that someone
has approached Mr. Tompkins about wanting the
existing playground structure that is to be
removed, but they’re aware that it is county
property and it needs to be sold at auction.
Chairman Dinning said the playground equipment
has to be declared surplus and sold at auction
so there is a legal process the county has to go
through. Ms. Hittle said the Parks Board is
looking for the installation of the new
playground by June.
The meeting with Ms. Hittle and Ms. Copeland
ended at 9:50 a.m.
10:00 a.m., Boundary Economic Development
Specialist David Sims and Marion Johnson with
Selkirk Pend O’Reille Transit (SPOT) joined the
meeting to discuss the use of the Restorium’s
passenger bus for senior transportation. Bonners
Ferry Herald Reporter Laura Roady was also
present.
Mr. Sims said Ms. Johnson manages the SPOT Bus
system, which provides a service to
Dover, Ponderay,
Kootenai, and Sandpoint. During the last meeting
there was discussion on entering into a contract
with SPOT, but oversight was an issue. It was
felt it would be better to have someone who is a
transportation business manager so Mr. Sims
talked to someone including Ms. Johnson and SPOT
is willing to provide the service under the Area
Agency on Aging contract. This will leave the
county out of it as SPOT could use the county
bus under an MOU. Going forward SPOT is
interested in expanding to the
Boundary
County area and the Area Agency on
Aging has the funds available to apply for.
The Idaho Transportation Department (ITD)
administers the 5311 grant dollars. ITD was
approached about one week ago and they have
opened a grant program to allow SPOT a
pre-application to apply for 5311 funds for
Boundary County for year 2015. Chairman Dinning
mentioned using the same agreement proposed by
the Area Agency on Aging.
Boundary
County could suggest awarding the funds to SPOT
and all that money would be used for services in
Boundary
County. Ms. Johnson said that was
correct. The 5311 funds would be for
Boundary County
residents also and Ms. Johnson said that was
also correct. Chairman Dinning said that SPOT is
a part of the City of Dover.
Ms. Johnson said yes. Chairman Dinning said
Boundary
County can work something out for use of the bus
in Boundary
County. Ms. Johnson
said a simple memorandum of understanding will
take care of that.
Boundary
County will probably want to retain
the bus, but the title can be transferred,
according to Ms. Johnson. Mr. Sims mentioned
maintenance. Ms. Johnson said she and Mr. Sims
had suggested a service starting out two days
per week at five hours each day and to see how
it grows from there, and she would go to the
Restorium and talk to them as their ridership
would be big.
Ms. Johnson said based on per capita
Boundary County
should get $70,000 per year from the 5311 funds.
There should be success in getting that funding
as there is no service here. Bonner, Kootenai,
Shoshone and Benewah
Counties
all have a form of this service.
Ms. Johnson suggested running the bus one or two
days per week to get started and in years
2015-2016 she would like to increase rides to
three days, with two of those days in Bonners
Ferry and one day running the medical
appointments. Ms. Sims said these services
always start out slow and increase. SPOT is at
80,000 riders currently. Ms. Johnson said for
having three buses, the SPOT buses are
everywhere. Ms. Sims said he would take Ms.
Johnson around the county to show her the area.
Commissioner Kirby mentioned contacting the
Senior Companion Program.
Mr. Sims said what’s important, if going
forward, is a commitment to work with the
Restorium as that was a bus initially for them
and this has turned into something different.
Mr. Sims said this would be a big help for the
Restorium. Clerk Poston asked if a number of
Restorium residents wanted to go on an outing to
the Refuge, would that be possible. Ms. Johnson
said it would depend on the schedule for that
day. Mr. Sims said one of the thoughts was to
take Restorium residents on field trips.
Commissioner Kirby voiced that this is a
positive thing as there are people who already
know what they’re doing as it pertains to
running this system. Chairman Dinning asked if
the City of Dover’s
attorney could draft the memorandum of
understanding. Ms. Johnson said if not, she
could also have the City of
Ponderay’s attorney draft
one as he had done it before for the cities.
Clerk Poston mentioned
Boundary
County insuring the van if there is
an accident. Chairman Dinning said yes, but
Dover
is also with Idaho Counties Risk Management
Program (ICRMP).
It was said the 5311 funds will come at one
point and that will also be for the county’s
citizens to take advantage of. Mr. Sims said he
put together information that he thought was
important. Chairman Dinning recommended working
with Restorium.
The meeting with Mr. Sims and Ms. Johnson ended
at 10:20 a.m.
Chief Deputy Clerk Tracie Isaac joined the
meeting at 10:25 a.m.
Commissioner Kirby moved to go into executive
session under Idaho Code #67-2345(1)b, to
consider the evaluation, dismissal or
disciplining of, or to hear complaints or
charges brought against, a public officer,
employee, staff member or individual agent, or
public school student. Commissioner Pinkerton
second. Commissioners voted as follows: Chairman
Dinning “aye”, Commissioner Pinkerton “aye” and
Commissioner Kirby “aye”. Motion passed
unanimously. 10:45 a.m., Commissioner Kirby
moved to go out of executive session.
Commissioner Pinkerton second. Motion passed
unanimously. No action was taken.
Those present discussed the custodial and
maintenance positions, their job descriptions
and possible changes. Commissioners will decide
on posting and possible contracts.
Chief Deputy Clerk Isaac left the meeting.
Commissioners tended to administrative duties.
11:10 a.m., Sick Leave Bank President Les Vetter
and committee member Chief Deputy Clerk Tracie
Isaac joined the meeting.
Commissioner Pinkerton moved to allow a county
employee the use of 60 hours from the County’s
Sick Leave Bank. Commissioner Kirby second.
Motion passed unanimously.
Commissioners discussed the ability to donate
annual vacation hours to the sick leave bank.
Chief Deputy Clerk Isaac, Mr. Vetter and Clerk
Poston left the meeting at 11:30 a.m.
Commissioners tended to administrative duties.
12:30 p.m., Commissioners reconvened for the
afternoon session with Chairman Dinning,
Commissioner Pinkerton, Commissioner Kirby,
Clerk Poston, and Deputy Clerk Rohrwasser.
12:30 p.m., J-U-B Engineer Brad
Niemeyer, property owners Don
and Gina Stolley, and Robin Merrifield, and
County Civil Attorney Tevis Hull joined the
meeting. Federal Aviation Administration (FAA)
representative Gary Gates joined the meeting via
conference call.
Chairman Dinning said the meeting was to talk
about issues pertaining to the Merrifield
property purchase to gain understanding.
Chairman Dinning said the purchase price for the
Merrifield home has been submitted and approved
at the FAA’s end. Mr. Gates said he’s approved
the amount of the appraised value and the amount
of the administrative settlement. Also with that
is the identification of the replacement housing
payment. Mr. Gates said he advised that he needs
clarification on what’s included in the
replacement housing payment. To understand the
replacement house has been identified and there
were early estimates as to the additional cost,
but Mr. Gates said he needs to adjust
information to reflect the cost of the
replacement home. Mr. Gates asked for
clarification on how the mortgage interested
payment was calculated as the earlier
calculation he was not able to support. Mr.
Gates asked those present to keep in mind that
if the county entered into a contract, the FAA’s
involvement is in respect to reimbursement to
the county and if there were other agreements,
those would stand on their own. That is where
the FAA stands on that, according to Mr. Gates.
Chairman Dinning said the FAA has authorized an
amount of $207,628.33, according to J-U-B. It
was said the administrative settlement was
included in that figure. Chairman Dinning asked
Mr. Gates, if the sale were scheduled to close
this week or next week and
Boundary
County would come up with a figure
beyond $207,000, would it be anticipated that
that amount would be reimbursable costs to the
Merrifields. Mr. Gates said he recognizes there
are likely additional costs eligible for
reimbursement.
Attorney Hull
said as to the administrative settlement there
is negative equity on the property. Mr. Gates
said yes. Attorney Hull
said Mr. Gates had made some approvals, but the
waiver needs to be filed or received or has that
been approved. Mr. Gates said he requested, as
far as the replacement housing payment, clear
language that the replacement housing payment is
to be reduced by the amount of the
administrative settlement. Attorney
Hull
asked if there is opportunity for the county to
recapture the waiver. Mr. Gates said the Federal
Highways Administration (FHWY) has in their
codes to provide for these negative equity
situations, but the FAA doesn’t. Mr. Niemeyer
had represented yesterday that he has prepared a
statement of conflict between the two statements
and that the FAA would consider adopting the
FHWY code, which allows for reimbursement on the
negative equity so will that happen in this case
to recapture the $17,000 waiver? Mr. Gates said
he did receive the email from Mr. Niemeyer, but
he hasn’t had the chance to review it. Mr. Gates
said the waiver needs to be reviewed by FAA
headquarters as it’s contrary to his marching
orders. Attorney
Hull asked if there is a time frame
as to how long it would take for review and
decision. Mr. Gates said unfortunately there is
only one specialist in this so he would expect
the time frame to be within the next couple
weeks to get a response.
Chairman Dinning said what we’re considering and
if we are right, is if the county was to close
on this transaction, we’re looking at $190,000
that has been approved by Mr. Gates to apply to
the transaction. Mr. Gates said he’s prepared to
support the amount of $190,000 plus the
administrative settlement. What has been
proposed at this point is that in addition to
the settlement above the appraised value and the
replacement housing payment, the settlement can
not be deducted. Chairman Dinning said if
Boundary
County chose to close the
transaction this week, what amount of money
would Mr. Gates be able to reimburse the county
and within how many days? Mr. Gates said the
amount would be $207,000. Chairman Dinning said
Attorney Hull has completed the certificate of
title and the county is considering borrowing
the amount of money that is needed to get the
Merrifields into their replacement house. If
that occurs, can that reimbursement, whatever it
is, can those funds come to
Boundary
County instead. Mr. Gates said
reimbursement would go to the county as that is
the contractual agreement similar as the Dinning
process. Attorney Hull
asked what the trigger is to get reimbursements.
Mr. Gates said he needs a summary of costs that
reflect eligible items. Mr. Niemeyer said what
he was anticipating is one request for
reimbursement for the purchase price of $207,000
plus the administrative fees associated with
that. The second request for reimbursement would
be for the replacement housing amounts as
verified by the actual closing documents with
the January 10th email on record for
the Stolley and Merrifield transaction.
Verification of the total $300,000 purchase
price was mentioned. Mr. Gates said the first
draw down would be the appraised value, the
administrative settlement up to $207,000 plus
administrative costs to include the appraisal,
review appraisal, fees under contact with J-U-B
related to that parcel, and advertising costs.
Attorney Hull
said the 2nd draw down would not be
made until after the actual purchase of the
Stolley property by the Merrifields.
Chairman Dinning said the county is considering
making a request for $207,000 and borrowing the
amount of money so the Merrifields have a down
payment to purchase the Stolley property. There
are also the moving costs, but the exact figures
are not yet known, but those are to be
reimbursed to Boundary
County
in order to repay the loan. Mr. Gates said
conceptually it sounds right to him and he
should get clarification on the other items
soon.
The mortgage differential payment and mortgage
interest was mentioned. Mr. Gates referenced the
replacement housing payment and he said early on
he mentioned he can reimburse the difference
between the appraised value and the difference
between the existing home and the purchase of
the new. The replacement housing payment was
compared to comparable homes, according to Mr.
Gates. Mr. Niemeyer said in Mr. Gates’ January
10th email, he makes note of that.
There is confusion on the paperwork and how it
was represented. The replacement house the
Merrifields have under contact is for $300,000.
The promissory note for conditions is listed at
$212,000 and that is based on what is
anticipated to get back for the replacement
housing payment and mortgage interest
differential payment so that is what Mr.
Niemeyer will clarify in writing for Mr. Gates,
but the property the Merrifields are actually
purchasing costs $300,000. Mr. Gates said he
follows that. There is a narrative for that that
will give clarification.
Chairman Dinning said Commissioners are taking a
chance on some things, but the county wants to
make good. Chairman Dinning asked if a plan has
to be in place to demolish the house before the
Merrifield purchase. Mr. Gates said yes.
Chairman Dinning said that should be done in the
next day or so. Chairman Dinning asked Mr. Gates
if the amount of $207,000 could be entered into
the Delphi
system or if that would rush the process too
much to close on January 22. Mr. Gates said as
far as what he can address for the time frame
for wired payment, if the county can enter that
payment tomorrow for $207,000, yes, that amount
can be expected to be transferred to the county
within that amount of time.
Mr. Niemeyer said the county has in front of
them a draft request for reimbursement summary
for approximately $190,000, the waiver of
$17,000 plus attorney fees, consulting and
administrative fees for a total of $234,000 so
if the county is okay, he will get a copy of
that Mr. Gates so he can enter that into the
Delphi system. Mr. Gates said he would recommend
getting the total parcel summary that is being
offered to the Merrifields given the questions
on replacement housing.
Chairman Dinning asked if Boundary County were
to contract for logging the Dinning property,
would that money go back to the FAA or to the
county’s airport budget, if there is any profit.
Mr. Gates said if tree removal wasn’t included
in the grant, it would normally to go the
airport’s designated fund. Mr. Gates said he
recalls the question of demolition or relocation
of the structure itself so he recommended
competitive bids or quotes if the county wanted
reimbursement. Mr. Niemeyer said in the grant
application it included costs under item #10 for
demolition and removal and he can’t recall if it
was stated removal of obstruction or just
removal. Chairman Dinning said nothing is in
there regarding timber. Mr. Niemeyer said there
is nothing specific. Chairman Dinning said as of
today the county could have trees removed and
any profit would go to the airport fund.
Ms. Stolley asked what settles the mortgage
differential. Mr. Niemeyer said the loan needs
to be recorded and with that a final calculation
can be done based on that final amount. What is
done today is an estimate on what is received
verbally. Mr. Niemeyer can’t he can’t do a final
calculation until the transaction has been
recorded so that is what will go to the FAA for
back up. Chairman Dinning said someone will have
money for the down payment. It’s $300,000 minus
the down payment so it’s not based on any
reimbursement.
Boundary County
is taking the risk on the reimbursement and will
fund the down payment. It was suggested to go
forward as if there is a down payment in the
calculations. Mr. Gates said it sounds like the
county is prepared to reimburse the homeowner
regardless of reimbursement from the FAA.
Ms. Merrifield presented Commissioners with how
the estimates were arrived at and she mentioned
it was indicated that moving expenses of $10,800
was approved. Mr. Gates that is accurate.
Commissioners asked if the reimbursement goes to
the county or the Merrifields once the property
is cleared and it clears inspection. Mr. Gates
said federal reimbursement would go to the
county who would issue reimbursement to the
Merrifields. Ms. Merrifield said an appraisal
was done by the FAA and she had a review
appraisal done as a second opinion, which cost
$650 and was submitted last June or July so
would that cost come back to her. Mr. Niemeyer
said that would technically be a payment from
the county so technically that would be
reimbursed.
Mr. Gates’ participation in the meeting ended at
1:00 p.m.
It was said the Merrifields will come up with
$8,400. Chairman Dinning asked if title costs
are included in the reimbursement. Mr. Niemeyer
said Mr. Gates said not to include that, but he
has an estimate for it. Chairman Dinning said
the request will be $207,000 or will it show
additional costs. Mr. Niemeyer said it will show
additional costs as the total is $235,000 and
there is no problem with that. Mr. Niemeyer said
the FAA’s share is $212,000 and the county’s is
$23,000 with an anticipated $10,000 coming back
from the Idaho Transportation Department. It was
said the amount for closing is not yet known,
but the title company can tell them. Chairman
Dinning said the county will make the best
effort and figures to come up with the $8,400 to
close the transaction, but everything the
property owners receive as reimbursement will go
back to the county first and anything left will
go to property owners.
It was said the amount of $83,000 didn’t include
the $10,800, but when the $10,800 comes, if the
county gets it, it goes directly to the
Merrifields. Ms. Merrifield said when looking at
the mortgage differential is the amount of
$19,000 fairly accurate. Mr. Niemeyer said he
didn’t know if the amount is up to $19,000 as
that is something Roxanne Grim and De Ressa with
Epic Land Solutions will provide information on,
but it may be closer to $16,000. Ms. Stolley
asked why that number had not been determined
yet and she added that it’s been known the house
has been under water from the beginning. Mr.
Niemeyer explained that the information doesn’t
work in FAA’s computer system to arrive at the
right numbers so he is working with Mr. Gates on
that. Mr. Niemeyer said Mr. Gates mentioned that
because of the mortgage interest differential
it’s possible to look at a higher mortgage
interest. Commissioner Pinkerton asked if the
information is entered into the FAA’s up to date
format, what is the figure other than $19,000?
Mr. Niemeyer said it doesn’t work as it is a
variable interest on a prepayment method. This
is the Merrifield’s contract and it’s not an
adjustable rate, but a graduated mortgage.
1:15 p.m., Ms. Merrifield, Mr. & Ms. Stolley and
Clerk Poston left the meeting.
1:20 p.m., Deputy Clerk Nancy Ryals and Airport
Manager Dave Parker joined the meeting.
Mr. Parker reviewed the figures on a report
provided by Mr. Niemeyer. Commissioners informed
Mr. Parker they needed the demolition or
relocation plan by tomorrow in order to have any
funds reimbursed by the FAA. Those present
discussed matters pertaining to removing trees
on the Dinning property. Commissioner Pinkerton
said the plan can be just a simple plan. Mr.
Parker said his interpretation is that the
county will not get the final funds until the
houses have been removed. Commissioner Pinkerton
informed Mr. Parker that the plan has to be
submitted in order to obtain funds for the
Merrifield property purchase.
Commissioner Pinkerton moved to authorize the
Chairman to sign the request for reimbursement
for the Merrifield property purchase.
Commissioner Kirby second. Motion passed
unanimously.
Mr. Niemeyer said the county has paid for
$59,000 of J-U-B’s fees. When funding comes in
for the Merrifield transaction, it includes the
invoices for J-U-B. Chairman Dinning and Mr.
Niemeyer briefly discussed J-U-B’s fees in
relation to the Dinning and Merrifield purchases
and it was stated the county has paid J-U-B’s
fees for both of these transactions.
Chairman Dinning asked about what is
reimbursable on the closing documents. The
county will get $190,000 and the estimated
$17,000. If you take $207,726 minus $190,000
that is what will be used for final
documentation on the administrative settlement.
Chairman Dinning said of the $212,000, the
county will borrow $84,000 and then there is
approximately $20,000 to come up with to close
the transaction, if he’s correct. Mr. Parker
mentioned the grant match. The county will
obtain a loan and use grant match to complete
the purchase. When funds are reimbursed the
county will receive approximately $27,000 that
is not obligated to put toward grant match or
pay off the bank.
Those present reviewed figures. Chairman Dinning
said the county should receive $26,000, which
will cover all of the closing monies needed on
the Merrifield purchase. The county needs to
come up with the amount of money anticipated the
Merrifields need, which is $84,000. Chairman
Dinning said he wants the loan with the bank to
be wrapped up with within three months.
The meeting ended at 2:05 p.m.
Commissioner Pinkerton moved to authorize the
Chairman to approach Panhandle State Bank for
the purpose of borrowing $84,000 in order to
complete the Merrifield property purchase.
Commissioner Kirby second. Motion passed
unanimously.
Chairman Dinning said the Merrifield property
and associated reimbursements will be used as
collateral.
Commissioners contacted Dave Walter at Panhandle
State Bank to request borrowing funds totaling
$84,000 using Merrifield property at collateral
and the goal to close next Tuesday.
The call to Mr. Walter ended.
Commissioners tended to administrative duties.
There being no further business, the meeting
adjourned at 3:40 p.m.
/s/
Dan R.
Dinning, Chairman
Attest:
/s/
Glenda Poston, Clerk
By: Michelle Rohrwasser, Deputy Clerk
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