Commissioners' Meeting Minutes - Week of August 17, 2020

***Monday, August 17, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, 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 Department Co-Superintendents Renee Nelson and Randy Morris joined meeting to give the department report. A written report was presented.

Ms. Nelson spoke of a portion of McArthur Lake Road by the Wyman Ranch in that people have been parking along this road to visit the game preserve and Ken Yount had questioned if this road could be widened along the ditch to create parking along the county road. Ms. Nelson said she didn’t think that would be allowable due to liability and safety. Commissioners said the property owner could create more parking on their own property. Commissioner Cossairt said he knows this game preserve is getting used, but the county doesn’t want the liability. Wyman Ranch has a lot of property for parking so Ms. Nelson will talk to the property owner about an approach.

Ms. Nelson spoke of plans to mechanically stabilize the wall for the bridge on Riverside Road so the county doesn’t have to go outside of its 50 foot right-of-way.

Commissioner Kirby moved to authorize the Chairman to sign the Riverside Road Partner Concurrence document once they have answers to certain questions. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt discussed the status of getting more power to the Courthouse and Chairman Dinning relayed the conversation that he had with Matt Hodges of Computer Arts. Clerk Poston asked Commissioner Cossairt if he could follow up with Wil Hedrick with Boundary Electric about the status of the project.

Ms. Nelson spoke of the Idaho Transportation Department’s (ITD) annual mileage report and of the roads inspected that the county will receive funding for at the end of the year.

The meeting with Ms. Nelson and Mr. Morris ended at 9:15 a.m.

Commissioner Cossairt moved to sign the letter of support for the Kootenai Tribe of Idaho regarding the application for funding for Twin Rivers Road improvements. Commissioner Kirby second. Motion passed unanimously.

9:17 a.m., County Civil Attorney Tevis Hull contacted Commissioners via conference call.

9:18 a.m., Commissioner Kirby 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; and 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 Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:27 a.m. No action was taken.
Darlene Schneider and Trevor Schneider with Pace-Kerby Real Estate joined the meeting.

Chairman Dinning temporarily left the meeting due to a conflict of interest.

Brian Dinning joined the meeting via conference call at 9:30 a.m.

Attorney Hull stated that he had contacted Community Title Company about the deed of concern. Attorney Hull said he reviewed this deed and the owners of the land happened to grant this property by quit claim deed, which would be Tamarack Drive off of Tamarack Lane. The deed didn’t say it granted a right-of-way. The county owns this property with no designation as far as purpose and that is why the title company won’t guarantee access as the county could turn around and sell the property, or say it’s for a different purpose, etc. Attorney Hull said the only way to fix this is if the county came out and outright sold the property or signed a recorded document staying they recognize it was quit claimed to the county and they would use it as ingress/egress. Attorney Hull commented that he’s assuming it would at least have some type of grant from the county that this road would be used as a right-of-way. Ms. Schneider said the title company is asking for a non-exclusive easement and she questioned if that can be done. It was suggested the county make a designation that affects the entire public as opposed to one individual. Attorney Hull said if the county did a quick fix and gave Mr. Dinning access, but then later the county decided to use that property for something else, but had granted the easement, it poses a greater problem than having Road and Bridge go out and look at the property and say if we ever get this and it’s a county road, let’s get the right-of-way. Those present stated they didn’t know if this process requires a public hearing because the county already owns the property. Road and Bridge could report on how this road should be used in the county road system as opposed to a quit claim deed so you can travel across it. Ms. Schneider asked if the county can open the road up to the public and not maintain it. Attorney Hull said yes, there is no obligation for the county to maintain it. Commissioners should give instruction to Road and Bridge to look at this road and the specific legal description, then get back to Commissioners and state that this road comes off Tamarack Lane and it’s in the county. Attorney Hull said it’s the call of the Commissioners to look at this for the entire public; not just one individual. Commissioner Kirby said Attorney Hull suggested a resolution and Commissioners should proceed in that direction and have Road and Bridge take a look at this road.

The meeting with Ms. Schneider and Mr. Schneider ended at 9:46 a.m. Mr. Dinning ended his call.

Chairman Dinning returned to the meeting at 9:47 a.m.

Attorney Hull said he didn’t have any new information on the tort claim regarding the water line issue.

9:49 a.m., Commissioner Kirby 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 Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:57 a.m. No action was taken.

The call to Attorney Hull ended at 9:57 a.m.

Commissioner Cossairt moved to sign the Renewal Agreement with Second Chance Animal Adoption for fiscal year 2020-2021 for an annual amount of $11,136.00. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to nominate Dave McGraw of Latah County as the At-Large position for the Capital Crimes Defense Fund. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Certificates of Residency for Maggi Pluid, Ashley Guttin, Jayden Attaway, Alyssa Pinkerton, Joshua Gallegly, Adrianna Jordan-Mangus, Ashton Blumenauer, Alissa Colegrove, and Bailey Myers. Commissioner Kirby second. Motion passed unanimously.

10:00 a.m., Boundary Ambulance Service Chief Jeff Lindsey and Boundary Ambulance Service Board Chairperson Nancy Russell joined the meeting.

Commissioner Cossairt moved to sign the Adult Detention Agreement between the Kootenai Tribe of Idaho and Boundary County, Idaho. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve the Commissioners’ meeting minutes of August 10 & 11, 2020. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for tax year 2017 for parcel #RP60N01W348990A in the name of Lloyd and Luanna Funderberg as it relates to Commissioners’ motion made on July 7, 2020. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Rural Idaho Economic Development Professional Grant for fiscal year 2020-2021. Commissioner Kirby second. Motion passed unanimously.

10:04 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 Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to approve the minutes of the Boundary County Ambulance Service District Governing Board for July 20, 2020. Commissioner Kirby second. Motion passed unanimously.

Chief Lindsey said he had nothing out of the ordinary to report, but it’s been very busy for Boundary Ambulance Service. Chief Lindsey informed Commissioners that he’s looking to fill a vacant paramedic position. Commissioners and Clerk Poston reviewed information pertaining to the Coronavirus Aid, Relief, and Economic Security (CARES) Act funding reimbursement program.

The Boundary County Ambulance Service District is going to levy $412,000.00 and that includes property tax replacement funds of $5,000.00. Through the property tax relief fund, it would generate $228,000.00.

10:13 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 Kirby second. Motion passed unanimously.

10:15 a.m., Commissioners considered a 2020 county alcoholic beverage license application for Josephine N. Dela Cruz doing business as WOK-A-MOLE´, located at 6664 Main Street, Bonners Ferry, Idaho, to sell bottled and/or canned beer on premises and wine by the drink. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The proceeding was recorded. The completed application and fee have been received. Yet to be received is a copy of the 2020 State of Idaho Retail Alcoholic Beverage License, 2020 City of Bonners Ferry Retail Alcoholic Beverage License and the 2020 Panhandle Health District Permit.

Commissioner Cossairt moved to approve the 2020 county alcoholic beverage license application for Josephine N. Dela Cruz doing business as WOK-A-MOLE´ to sell bottled and/or canned beer on premises and wine by the drink pending receipt of the 2020 State of Idaho Retail Alcoholic Beverage License, 2020 City of Bonners Ferry Retail Alcoholic Beverage License and the 2020 Panhandle Health District Permit. Commissioner Kirby second. Motion passed unanimously.

The proceedings ended at 10:18 a.m.

Commissioners tended to administrative duties.

Deputy Clerk Pam Barton joined the meeting.

10:43 a.m., Commissioner Kirby 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 Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:45 a.m. No action was taken.

Deputy Clerk Barton left the meeting at 10:45 a.m.

11:00 a.m., Treasurer Sue Larson joined the meeting to address claims for excess funds resulting from the county tax deed hearing.

Chairman Dinning said Commissioners have claims for excess funds from the county tax deed sale held on May 18, 2020. Property #1 had previously been owned by Enlightened Living and there was a total of $6,263.31 in excess funds. The Idaho State Tax Commission made claim to those funds and that claim for the entire amount has been approved by County Civil Attorney Tevis Hull. A representative of the estate of the prior owner had also made claim to these funds, but that request was denied as there weren’t any funds remaining.

Property #2 was once owned by Kelly Clayborn and there was a total of $9,918.40 in excess funds from that sale. Ms. Clayborn has made a claim for those funds and Attorney Hull has approved that claim.

Treasurer Larson said she attended the District 1 Treasurer’s meeting and asked the question about disbursing these funds. Chairman Dinning said Commissioners can adopt a resolution for the disbursement of excess funds if it’s determined one is needed.

Commissioner Kirby moved to approve the disbursements as presented. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Kirby amended his prior motion to include that Commissioners will prepare a resolution to disburse excess funds if one is needed. Commissioner Cossairt second. Motion passed unanimously.
Treasurer Larson left the meeting at 11:03 a.m.

11:04 a.m., there being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, August 18, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Noxious Weeds Department Superintendent Dave Wenk, Assessor Dave Ryals, Undersheriff Rich Stephens, Emergency Manager Andrew O’Neel, Treasurer Sue Larson, Restorium Administrator Karlene Magee, Chief Probation Officer Stacy Brown, Veterans Service Officer Ron Self, University of Idaho Extension Educator Amy Robertson, and Courthouse Maintenance John Buckley.

Chairman Dinning informed those participating in the elected officials/department heads meeting that the conference room at the armory is by scheduled use only and the contact persons for reserving this room is Deputy Clerk April Isaac or Clerk Glenda Poston so this room needs to be reserved accordingly, with the exception of occasional emergency uses.

Commissioners said the proposed fiscal year 2020-2021 county budget was submitted to the newspaper so publication should be this week. The public hearing to consider the proposed fiscal year 2020-2021 county budget is Monday, August 31, 2020, but in the meantime try not to spend your current department budgets.

Commissioners went around the room for department updates. Assessor Ryals said it is revaluation time for his office.

Undersheriff Stephens stated that the Sheriff’s Office did have a positive COVID-19 test so they’re following Panhandle Health District guidelines for that. Other Sheriff’s Office employees can’t get tested until this Thursday so they’re trying to manage the restrictions. Undersheriff Stephens commented that Mr. O’Neel has helped identify the needs for personal protection. Chairman Dinning asked if the Driver’s License Office has relocated to the armory. Undersheriff Stephens said this move is in the process now and the Idaho Transportation Department is working on hooking up the system so the office should be up and running this week.

Treasurer Larson said she had nothing to report other than she attended a Treasurer’s Association meeting online.

Ms. Magee said everything at the Restorium is going well and the Restorium received the donation of a hog and a steer from the fair.

Ms. Brown said the Probation Office is staying busy and clients are wearing masks when they come in.

Mr. Self said everything for the Veterans Service Office is fine and he got his office moved to the armory.

Mr. Wenk said the Neighborhood Weed Co-Op applications are due August 31, 2020.

Mr. Moss said the Planning and Zoning Commission has a meeting on Thursday with three public hearings. Mr. Moss said he has 70 applications to process. Ms. Robertson said the fair was a great success and the auction went well. Chuck Newhouse with Boundary County Live did a live broadcast of the auction. 4H Friday Friends will happen this year with modifications. Ms. Robertson listed the various courses coming up that are going to be offered.

Mr. Buckley said he doesn’t have a lot to report on, but he’s super busy and he spoke about new requests for shields.

Mr. O’Neel stated that the State of Idaho has just under 28,000 total confirmed COVID-19 cases and little more than 11,000 cases have recovered. In Idaho 273 people have died due to COVID-19. Out of 28,000 cases, 1,100 people have been hospitalized. There is a 4% rate of positive tests to those who have been hospitalized. As of last Friday 167 people across the State of Idaho have been hospitalized and of those, 43 cases are in the intensive care unit. In the five northern counties, there are 2,445 cases and of that 651 cases are active. Twenty-six people have passed away and all but five of them were from Kootenai County. This morning 19 people with COVID-19 are at Kootenai Health and six of them are in critical care. In Boundary County there are 42 positive cases of COVID-19, of those 13 people are actively sick and 29 people have recovered so that’s a good statistic. On average a new case is seen every two or three days. Mr. O’Neel said this average doesn’t seem to be diminishing, but he hasn’t seen a spike. We’re not seeing a trend in transmission, it’s just in the community. Mr. O’Neel urged people to keep up on wearing masks and social distancing to keep the spread low and slow. This week is a concern due to the fair having taken place last week and the average time frame between exposure to the virus and starting to see symptoms is five days. The fair did do a good job of keeping people from congregating and handling things differently, according to Mr. O’Neel. There is an outbreak of COVID-19 in the Sheriff’s Office and a lot of people are getting tested and so far contact with that case at the Sheriff’s Office have come up negative. Mr. O’Neel stated that if you do have an employee who tests positive, don’t have everyone mob the hospital to get tested as that seems to be the first reaction. It also doesn’t really work that way as the incubation period is approximately seven days and that’s the best timing for an accurate test. Mr. O’Neel said he sent an email containing a flow chart pertaining to when an employee tests positive for COVID-19. We do have community transmission so a person can get this virus anywhere in town. Chairman Dinning asked those on the call to not let their guards down and he added that the community has been pretty fortunate when you look at the numbers of COVID-19 cases.

Ms. Robertson asked if there is a plan for county employees who have school age kids. Chairman Dinning said Commissioners have just begun thinking about that. Undersheriff Stephens questioned time off when people have had to stay home due to COVID-19 as the Sheriff’s Office has a couple staff members who were also exposed to the virus and Panhandle Health District suggested those employees quarantine and stay home from work. Will the county require use of the employee’s sick leave or will these be covered hours for COVID-19. Commissioners said they would go down the same path as before and suggested that employees mark their time sheet for COVID hours and to track those hours as they may be reimbursed. Undersheriff Stephens spoke of lab personnel at the hospital being a big help with scheduling, but he will look at doing a group test and also look into having the inmates tested.

The elected officials/department heads meeting ended at 9:25 a.m.

9:27 a.m., Boundary County Noxious Weeds Superintendent Dave Wenk joined the meeting to give his departmental report. Mr. Wenk said he had finished spraying the north end of the county and had treated approximately 400 miles. Mr. Wenk said he treated the airport, Parks and Recreation fields, the armory, and the dump; and did contract work for the City of Bonners Ferry in treating the sewer lagoon, city shop, and transfer stations. Mr. Wenk said his budget looks good as he hasn’t had any travel now that meetings are online. The repairs for the Weed Department truck came to $400.00. Clerk Poston spoke of funds available for the structure Mr. Wenk would like to have built for the purpose of storing the Weed Department truck and chemicals in during colder weather and how these funds are in cash; not the budget. Mr. Wenk commented that he had to address four or five letters regarding weed complaints. Mr. Wenk informed Commissioners that he might have difficulty getting 15 continuing credits, but he is okay until December. You can attend continuing education courses online, but the classes are just not available. Everyone is struggling with getting pesticide credits. Chairman Dinning asked Mr. Wenk if he is certified to do the work that Phil Allegretti with Panhandle Pest Control does in tracking and testing mosquitoes for the West Nile Virus mosquito surveillance study program and the reason he’s asking is that at some point Mr. Allegretti will want to retire. Mr. Wenk said he believes he is as he took the public health test. Mr. Wenk said there is an increase in weed applications as there are almost 90 applications this year. Counties will now have to inspect 10% of those applications for accountability.

The meeting with Mr. Wenk ended at 9:37 a.m.

Commissioners took a short recess until their next meeting at 10:00 a.m.

10:00 a.m., Veterans Service Officer Ron Self joined the meeting to give the department report. Mr. Self discussed relocating his office to the armory and having worked with four clients.

The meeting with Mr. Self ended at 10:06 a.m.

10:30 a.m., Commissioners continued their public hearing to consider proposed changes to the Boundary County Land Use Ordinance 9B18LOV2. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, County Civil Attorney Tevis Hull, who participated via telephone; and Tony Jacobs and Pamela Jacobs. The hearing was recorded.

Attorney Hull explained the reason the last hearing to review this same information was rescheduled to today’s date. Mr. Moss was going to consolidate the information on what was left to review. Mr. Moss said he doesn’t have that put together and he mentioned thinking this hearing was to readdress urban subdivisions. Commissioners and Attorney Hull discussed various options regarding this application such as possibly asking the Planning and Zoning Commission to withdraw Application 19-177 with the exception of the section on urban subdivisions or approving the section on urban subdivisions and denying the remainder of the application.

Commissioner Kirby moved to reschedule the public hearing for Planning and Zoning Application 19-177 to Monday, September 14, 2020, at 1:30 p.m., to be held in the Extension Office. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended at 11:00 a.m.

11:30 a.m., Planning and Zoning Administrator John Moss and County Civil Attorney Tevis Hull joined the meeting in Commissioners’ Office.

11:30 p.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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

12:21 p.m., Mr. Moss left the meeting.

The executive session ended at 1:00 p.m. No action was taken.

Attorney Hull left the meeting.

There being no further business, the meeting adjourned at 1:00 p.m.

____________________________________
DAN R. DINNING, Chairman

ATTEST:

____________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Thursday, September 3, 2020 - 16:30
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