***Monday, August 15, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner Tim Bertling participated in the meetings via telephone.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
Marty Martinez and Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting at 9:00 a.m.
9:00 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone for updates on what Attorney Hull is working on. Attorney Hull spoke briefly of working on proposed changes to the Road Standards Ordinance with Road and Bridge Department Co-Superintendent Renee Nelson. Attorney Hull informed Commissioners that as it pertains to a lease with North Bench Fire Department, he had arranged to speak with Federal Aviation Administration Project Engineer Gary Gates, but he forgot about the call so he will reach out to Mr. Gates.
Chairman Dinning questioned if Attorney Hull is at the point in his conversations with Contract Planning and Zoning Administrator Clare Marley to make changes to the Land Use Ordinance. This discussion will be continued to 1:30 p.m.
Chairman Dinning informed Attorney Hull that Attorney Dana Bowes contacted Commissioners’ Office expressing interest in sharing Public Defender Linda Payne’s contract.
The call to Attorney Hull ended at 9:07 a.m.
Clerk Poston updated Commissioners that she has ordered the flail mower for the airport.
Commissioner Cossairt moved to write off $9.03 for indigent case #2014-29. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of August 8, 2022. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Juvenile Detention Agreement between Boundary County, Idaho and Bonner County, Idaho as it pertains to juvenile detention. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to Sign Request for Reimbursement #4 and the Invoice Summary for Airport Improvement Project #3-16-0004-020-2021 for runway pavement in the amount of $29,268.65. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to grant an extension of time for year 2021 taxes and to accept monthly payments of $100.00 the day after the third of every month for parcel #MHB004000009BAA. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign Certificates of Residency for Mandy Helgesen, Zachary Callos, Anika Smucker, Sydnee Blevins, Carlene Ott, Emmaline Pinkerton, Olivia Pinkerton, Alissa Colegrove, and Brodie Becker. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2022-38. A resolution amending the Boundary County Personnel Policy. Commissioner Bertling second. Motion passed unanimously. Resolution 2022- 38 reads as follows:
RESOLUTION 2022-38
AMENDING THE BOUNDARY COUNTY PERSONNEL POLICY
Rule 12: General Policies Regarding Post-Accident Drug and Alcohol Testing
WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho Code, and
WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provisions and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits, and
WHEREAS, it has come to the attention of the Board of Commissioners of Boundary County, Idaho, that the provisions of Boundary county Personnel Policy handbook Rule 12, Section 7. Subsection A and B, on page 48, titled “Post-Accident” is unclear as to when drug and alcohol testing needs to take place, and
WHEREAS, it appears to the board that Rule 12, Section 7, Subsection A and B should therefore be amended, and
NOW, THEREFORE, upon motion duly made, seconded and unanimously carried, it is hereby RESOLVED, that the Personnel Policy Handbook Rule 12, page 48, Section 7, Subsection A and Subsection B under “Post Accident” be amended as follows:
7. Post-Accident:
a. All employees working for the county that are involved in a written reportable accident and/or seek medical attention, will be tested for both illegal drugs and alcohol as soon as practical. Testing must be administered within two (2) hours of the accident where possible, but in no case later than four (4) hours.
b. Any employee required to be tested under this section must remain readily available for such testing and such employee may not consume alcohol within (8) hours of the reportable accident or until they have tested for alcohol. Any employee involved in a reportable accident requiring a drug and alcohol test must notify the employee’s supervisor of the accident as quickly as possible and comply with those instructions given them relative to their taking a drug and alcohol test.
This amendment is to take place and be in effect as of August 15, 2022.
PASSED AND ADOPTED THIS 15th DAY OF August, 2022.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/___________________________________ Dan R. Dinning, Chairman
s/___________________________________
Wally Cossairt, Commissioner
s/___________________________________
Tim Bertling, Commissioner
ATTEST:
s/___________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #292369
Commissioners tended to administrative duties until their next meeting scheduled for 10:00 a.m.
Boundary Ambulance Service Chief Jeff Lindsey joined the meeting.
10:01 a.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Bertling second. Motion passed unanimously.
*Please see Boundary County Ambulance Service District Governing Board meeting minutes*
Chief Lindsey left the meeting at 10:11 a.m.
10:11 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Commissioner Bertling second. Motion passed unanimously.
10:30 a.m., Bonners Ferry District Forest Ranger Kevin Knauth contacted Commissioners via telephone to provide updates on Forest Service projects. Mr. Knauth said there are a scattering of small fires due to recent lightning strikes, but crews have been able to handle them. One fire is in the Eneas Peak area across the drainage from Fisher Peak. The fire is to the south/southwest of Eneas Peak itself and it’s approximately two acres in size right now. Mr. Knauth said this fire is in an area that is very difficult to get at and there are no road systems. Mr. Knauth explained that the Forest Service has considered trying to fly personnel near the ridge line, but then they would have a two to three-mile hike, which is doable, but it’s thought the fire is on a 60% to 70% slope. The Forest Service has to consider how they would get personnel out of the area if there is an issue. It would take well beyond one hour to get to a spot where he could hope to get personnel out. The Forest Service is not looking at putting people in that area, but they will have a meeting about options. Mr. Knauth commented that what is in their favor are the September rains that are due when they normally see fire changes. The first step is getting personnel in the air to get a better look at the fire. Aviation resources aren’t able to do anything without having resources on the ground. Aviation checks things out, but resources on the ground put the fires out. Chairman Dinning asked about the next drainage to the north. Mr. Knauth said the fire is on a spur ridge that goes toward Fisher Peak and if the fire goes as far as it would normally spread, it would go away from Fisher Peak toward Eneas Peak. Mr. Knauth said he would keep Commissioners updated on the fire.
Commissioners and Mr. Knauth spoke of issues caused by huckleberry pickers. Commissioner Bertling said this is the worst he’s seen for huckleberries as far as commercial pickers are concerned, since it used to be just local people.
Mr. Knauth briefly spoke of timber sales and he said there is work taking place off of Katka Road so it would be best to only use that road on the weekend since hauling is occurring. Alta Forest Products got the harvest out of the first sale from the Westside Restoration Project.
The meeting with Mr. Knauth ended at 10:45 a.m.
11:00 a.m., The Restorium update for today was cancelled.
Commissioners tended to administrative duties.
County Civil Attorney Tevis Hull joined the meeting at 11:03 a.m.
11:03 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:21 a.m. No action was taken.
Attorney Hull left the meeting at 11:21 a.m.
11:30 a.m., Commissioners considered the transfer of the year 2022 County Alcoholic Beverage License from SHMM, Inc. doing business as The Moyie Store to RJLK, Inc., doing business as Moyie Springs Store. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The meeting was recorded.
The application received is for the transfer of the 2022 Boundary County Alcoholic Beverage License Application from SHMM, Inc. dba The Moyie Store to RJLK LLC dba Moyie Springs Store, located at 69794 Highway 2, Moyie Springs, Idaho, to sell bottled or canned beer to be consumed on and off premises, liquor by the drink and retail wine on and off premises.
The completed application, transfer fee, 2022 State of Idaho Retail Alcohol Beverage License and existing 2022 Panhandle Health District Permit have been received. The 2022 City of Moyie Springs alcoholic beverage license has yet to be received.
Commissioner Cossairt moved to approve the transfer of the 2022 County Alcoholic Beverage License from SHMM, Inc. dba The Moyie Store to RJLK, LLC dba Moyie Springs Store, to sell bottled and canned beer and retail wine on and off premises and liquor by the drink pending receipt of the 2022 City of Moyie Springs alcoholic beverage license. Chairman Dinning yielded the chair to second. Motion passed unanimously.
The proceedings ended at 11:25 a.m.
11:35 a.m., Courthouse Maintenance Squire Fields joined the meeting to present Commissioners with information on quotes for glycol tubing for the sidewalk repair project.
Mr. Fields said he received a quote for new heater tanks, etc. for the sidewalks. Where the tubing runs into the Courthouse is a cause for potential issues. The overall project is $65,000.00, but stage one of the project is $28,000.00. Commissioners can stop at stage 1 until their ready to proceed to stage 2, according to Mr. Fields. Those present discussed the cost for concrete and the figure of approximately $29,000.00 to $30,000.00 was mentioned. Mr. Fields said Commissioners could cap the pipes at the main two-inch line and call it good for now. Clerk Poston reviewed budget and said to keep in mind that $30,000.00 would no longer be available for the next budget year if spent on this project. Mr. Fields mentioned the lifespan of the Courthouse’s current boiler in relation to additional costs in the future. Commissioners just want to take care of concrete for now and they asked Mr. Fields to get a quote for phase 1 of the sidewalk project.
Mr. Fields left the meeting at 11:46 a.m.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), and Deputy Clerk Michelle Rohrwasser.
Commissioner Cossairt moved to sign the Certificate of Residency for Leah Tanner. Commissioner Bertling second. Motion passed unanimously.
1:30 p.m., County Civil Attorney Tevis Hull and Contract Planning and Zoning Administrator Clare Marley joined the meeting to discuss setting a cut-off date for improperly created property splits and also to discuss Planning and Zoning Ordinance changes.
Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.
Those present discussed selecting a date that is to be recognized as the official date for grandfathering prior property splits. Commissioner Bertling said his thought is that it seems all the prior administrators were having issues with these splits. Commissioner Cossairt said he understands Commissioner Bertling, but he assumes someone would have to have something in writing that dates what is being discussed as you can’t just have someone say “so and so said I can do this.” Ms. Marley spoke of parcels of record. Attorney Hull said people are coming in saying they had spoken with somebody and Planner Tessa Vogel and Ms. Marley have spent a lot of time looking for that documentation and they’re not finding any. Some people will even say that Commissioners’ have approved the split. Attorney Hull said Boundary County has not had professional planners; they’ve had good employees, but they were not professional planners and keeping good records.
Ms. Marley said she was not able to find a zoning map in the beginning. A map was being used, but it states that it’s not the official zoning map. Boundary County does have an official zoning map now. Chairman Dinning said for a variety of reasons the county didn’t have a map that could be found dating back to 1997. So, when he says that there is a need to decide on a very good date, Commissioners need to know when we had an official map. Ms. Marley said she couldn’t find an official signed zoning map, but she now has the map that was signed on January 18, 2022. If we are looking for a date, maybe it should coincide with this map for Ordinance 2022-1. Attorney Hull clarified for Commissioner Bertling, who participated in the meeting via telephone, that Ms. Marley handed Commissioner Cossairt and Chairman Dinning a copy of the map used by the county, but it says it’s not official and it was never signed so that is why Commissioners went through the process of adopting an official zoning map. Ms. Marley said the earlier map had no signatures on it so she can’t say it was the official zoning map.
Ms. Marley explained that some counties or cities don’t consider land uses when it comes to splits. Chairman Dinning questioned, so if he has an illegal use that predates January 2022, then it is grandfathered? Ms. Marley said it depends on wording. Ms. Marley presented Commissioners with a copy of Bonners Ferry’s map and ordinance as an example. Chairman Dinning read this ordinance aloud for Commissioner Bertling.
Attorney Hull said there is someone claiming they have parcel numbers for two lots that don’t conform, but there are no deeds dividing those lots. Chairman Dinning said parcel numbers are the Assessor’s way of keeping track by sections. Splitting section numbers is a function of the Assessor and it’s not for splitting lots.
Chairman Dinning said for clarity that Commissioners do have an established date for the last zoning map. Attorney Hull said we are confident that January 18, 2022, is the date of having a signed zoning map. Chairman Dinning asked if that needs to be referenced. Ms. Marley explained that Bonner County had gotten into trouble because they picked a date into the future that was not based on anything. Chairman Dinning said in our case, we would state the land use ordinance, possibly the 2012 ordinance is the best date for the ordinance, but for year 2022, January is the date for the zoning map so we can’t say anything before year 2012 because we don’t have the map. Attorney Hull said when Bonner County worked on their documents, they had maps and ordinances with two different dates. Bonner County went back to the map for sizes and uses and referred to the ordinance for subdivisions. Ms. Marley agreed. Chairman Dinning asked the significance of the 2012 date for subdivisions when approving everything size-wise in 2022. Attorney Hull said it would provide a paper trail for process. Chairman Dinning said for the public, anything prior to 2022, the size is no big deal and the splits don’t meet requirements of what the zone map is now, but if it is after 2012, people may still need to apply for a split. Ms. Marley and Attorney Hull agreed. Chairman Dinning asked if this would involve public hearings and Ms. Marley said it depends on the type of subdivision. Attorney Hull said it’s not based on parcel numbers, it’s based on deeds and that is a huge issue. Commissioner Cossairt said we have to have a date and Commissioner Bertling agreed. Ms. Marley said she is not set on the 2012 date so she has to finish looking for that. This change will require two public hearings.
Those present discussed the subdivision process and it was said that the Mortensen properties were both faulty in size and in following the subdivision process. How do you decide who is responsible? Attorney Hull said if you get a landowner knowing they basically have a rubber stamp split, they just need to pay the fee, but if there are neighbors, they just need to submit one large application. Chairman Dinning said if there is going to be a split and he has one of the properties, what does this look like for just his piece. Ms. Marley said the application fee is $200.00 for a simple and primitive application and it will require a survey, but that might have already been done. If it’s just one lot, it goes through the administrative process. Chairman Dinning said he’s just trying to document properly.
Chairman Dinning spoke of needed amendments to the Land Use Ordinance.
Ms. Marley left the meeting at 2:04 p.m.
2:07 p.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 2:30 p.m. No action was taken.
Bonners Ferry Herald Staff Writer Emily Bonsant returned to the meeting at 2:30 p.m.
2:30 p.m., Commissioners held discussion regarding funding for potential American Rescue Plan Act (ARPA) projects.
Commissioners reviewed lists of possible projects submitted to them by various departments that could be covered by ARPA funding. Chairman Dinning said it would be important to consider the Sheriff’s request for a heating, ventilation, and air conditioning unit and generator, as well as a new ambulance unit. Commissioner Bertling agreed and added water fountains for the fairgrounds.
Commissioner Cossairt moved to expend approximately $235,000.00 in American Rescue Plan Act (ARPA) funds for a fully outfitted ambulance unit, to approve up to $70,000.00 for a generator at the County Annex, and a heating, ventilation and air conditioning unit and roof repairs for the Sheriff’s Office once Commissioners have a solid cost estimate, and to prepare and adopt associated resolutions for those expenditures. Commissioner Bertling second. Motion passed unanimously.
Commissioners commented that they will need to transfer a portion of these ARPA funds to the Boundary County Ambulance Service District.
The meeting to discuss ARPA projects and funding ended at 2:48 p.m.
Commissioners tended to administrative duties.
3:30 p.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to give the department report. A written report was provided.
Ms. Nelson reviewed work listed in her department report to include roads that are getting Durapatched and chip sealed.
Ms. Nelson commented on having a meeting coming up with Attorney Hull, County Mapper Olivia Drake and landowners regarding Labrosse Hill Road. Commissioners updated Ms. Nelson on selecting a date to state that all property splits are grandfathered prior to that particular date. Ms. Nelson mentioned that she has a conference call regarding the Riverside Road Improvement Project and she commented that there is an appraiser for this project. The Idaho Transportation Department (ITD) is hosting an informational meeting on projects this Wednesday at the Tango Café in Sandpoint. Ms. Nelson spoke of the proposed ITD project on Highway 2 to create turn bays to Blume Hill. Ms. Nelson said the county needs to verify what the plan is for the turn bays and acceleration lane. ITD’s Right-Of-Way Department has contacted HMH Engineering, who has oversight on the Highway 95 project. Chairman Dinning asked if the county is deeded something that goes onto the highway right-of-way, is the county responsible for that or is it only what is outside of the highway right-of-way. Ms. Nelson said this is speaking of a perpetual easement through Forest Service property for Pine Island Road.
Commissioner Cossairt moved to sign the United States Forest Service (USFS) easement request letter for Pine Island Road approach and roadway for #KN 19916 US 95, Labrosse Hill Street to Alderson Lane project. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve and sign the Findings and Decision for Variance Application #7-2022, to Road Standards Ordinance 2020-2 regarding an approach location for applicants Jamie and Timothy Fulton, Jr. Commissioner Bertling second. Motion passed unanimously.
Ms. Nelson spoke of the Kootenai Tribe of Idaho’s project and Great Northern Road. Ms. Nelson said If she can get a meeting set up and get approaches in place, it’s fine if the road doesn’t get built until spring.
Ms. Nelson said ITD is hosting a meeting at South Boundary Fire District’s station to discuss road projects in that area. Ms. Nelson questioned, until we have a crossing agreement in place, do we want to commit to what safety signage is?
The meeting with Ms. Nelson ended at 4:04 p.m.
There being no further business the meeting adjourned at 4:10 p.m.
________________________________
DAN R. DINNING, Chairman
ATTEST:
____________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk