***Monday, August 03, 2020, 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 Walt Kirby was out of the office tending to personal matters.
9:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was submitted.
Chairman Dinning asked about computer related issues creating difficulties in assigning new addresses. Mr. Morris explained the list of roads that are getting chip sealed. Echo Road, Lannigan Road and Longview Road are roads that may get chip sealed as they are currently gravel roads. Those present discussed using mortar on Lions Den Road to make it a harder road, which might help cut back on dust as well. Ms. Nelson talked about construction being shut down in other states due to COVID-19 as it relates to funding that is now becoming available for projects in other states and areas.
The meeting with Ms. Nelson and Mr. Morris ended at 9:13 a.m.
Commissioners tended to administrative duties.
9:29 a.m., Darlene Schneider and Trevor Schneider with Pace-Kerby Real Estate joined the meeting.
Chairman Dining left the meeting due to a conflict of interest.
9:30 a.m., County Civil Attorney Tevis Hull and Brian Dinning contacted Commissioners via telephone.
Attorney Hull discussed the situation in that behind Safeway off of Tamarack Lane, there was a right-of-way that was deeded to the county in the early 1900s. When Mr. Dinning looked into purchasing this property, the title report came back in and it was indicated that the title company was not going to insure or make a statement regarding legal access, which is referred to as #22 in the report. Attorney Hull said it means there is no recorded ingress or egress to a public road. It assumes there is a valid easement over adjoining lands, but there isn’t any insurance against statements. That portion from Tamarack Lane to this property in question is what Mr. Dinning is interested in. Mr. Dinning and Ms. Schneider agreed with these statements. Attorney Hull said he’s not sure who wants this, but there is a statement of the effects of this public right-of-way and its effect on the ability to access Mr. Dinning’s land off Tamarack Lane, if he does purchase the property. Attorney Hull referred to Idaho Code statute 40-202 and it refers to where a county has the opportunity to designate highways as public rights-of-way. In paragraph two, if a county or highway district acquires interest in the property for a highway or public right-of-way, Commissioners shall cause order of resolution enacted or deed to be recorded. There is an easement that has been recorded. Attorney Hull said to his knowledge there has never been a map of county roads or rights-of-way adopted. The county really needs to take a step forward and meet with Road and Bridge to get these on the maps. The county, however, may hold a title to an interested party for a right-of-way without any obligation to construct or maintain a highway within the right-of-way until the highway district or Commissioners determine necessary justification for opening a highway within the right-of-way. The county is under no obligation to do anything with this right-of-way until they justify opening it for public travel and the lack of opening this right-of-way shall not constitute an abandonment and use by public shall not constitute a right-of-way. If the county doesn’t do anything, this access is not abandoned. If the public drives across this access, the public can’t come to the county and say that the county has to maintain this road that they’ve been driving across as it’s public access. Attorney Hull referenced a procedure in Idaho Code40-3203(a) regarding the validation of a county, street or public highway. Within the highway district system, etc., the Commissioners may be petitioned to initiate public proceedings to validate a public right-of-way, provided the petitioner pays a reasonable fee to cover cost of the proceedings. Commissioners may also initiate these proceedings. Attorney Hull said no doubt there was a document deeding this right-of-way to the county, although it was never accepted by the county. This information would probably alleviate the title company’s issues.
Attorney Hull said he wants to say that it seems to him like there is no prohibition from any members of the public driving on that deeded right-of-way. Attorney Hull asked if this area is graveled and Ms. Schneider said it’s graveled and there is a multi-family home to the north already. Attorney Hull said he doesn’t see any prohibition from the county to allow public to travel on that road. Ms. Schneider commented that the title company said their issue was that this area wasn’t maintained by the county. Attorney Hull said he would reach out to the title company and that he had also reached out to the city attorney about this. The city probably didn’t exist at that time so that’s why this area was probably deeded to the county.
Mr. Dinning ended his conference call at 9:46 a.m.
Chairman Dinning returned to the meeting at 9:50 a.m.
Commissioners discussed amending the County Land Use Ordinance, creating a county road map, and the status of a tort claim. Attorney Hull said he needs the contact information for Western Alliance Insurance.
Attorney Hull ended his call at 9:57 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Crespin Banks, Winter Dawe and Kelsey Carter. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to accept the proposed private road name of Prosperity Drive. Chairman Dinning yield the chair to second. Motion passed unanimously.
10:00 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to give his department report.
Mr. Skeen said metal prices are still bad at about $50.00 to $60.00 per ton. Mr. Skeen added that Paul Rosin of Rosin Brothers has a brother who is paying $60.00 to $70.00 per ton, but that is in Montana. Mr. Skeen said for the months of August and September, another $40,000.00 should be generated in anticipated revenue and there is also wood and concrete coming in from the railroad so that will generate $19,000.00. Chairman Dinning said he thinks we’re looking at somewhere in the 3% range to make the solid waste budget. Mr. Skeen suggested holding onto the metal pile until it’s at least $100.00 per ton. Clerk Poston spoke of funds she is carrying forward in certain line items for solid waste.
Mr. Skeen informed Commissioners that he would like to purchase a used double-walled oil tank for used oil. The landfill does have the furnace, but they don’t have a way to hold oil for winter. The cost is $5,000.00 for this oil tank. This will be the first winter using the burner, according to Mr. Skeen. Commissioners asked Mr. Skeen to check his budget for the ability to make this purchase.
Mr. Skeen said the landfill has been busy and he is short one operator. Mr. Skeen discussed wanting to open the monitored sites back to six days per week in the future.
The meeting with Mr. Skeen ended at 10:09 a.m.
10:30 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the department report. Ms. Brown said the number of those on probation is staying level and she listed the number of those on unsupervised, adult misdemeanor and juvenile probation. Ms. Brown said the age range for juvenile probation is 13 to 20 currently and a juvenile can stay on juvenile probation until the night before they turn 21. Ms. Brown commented that there are five people in the drug court program right now and there are also five people in the own recognizance/urine analysis “OR/UA” program and UAs are usually done twice per week. OR releases involve people who are released from jail as long as they follow certain rules and UAs are one of those rules. The Idaho Department of Juvenile Corrections is working on the federally mandated status of age as Idaho has been out of compliance for years with status offender rules and Kootenai County is one of the biggest offenders, not because of doing something wrong, but they have seven judges working on juvenile cases so there is not a lot of continuity. Idaho loses 20% of federal funds due to noncompliance. Ms. Brown said she’s been involved in working on the status offender program and came up with really great ideas so she feels confident that Idaho will get into compliance, which will help with funding.
Ms. Brown spoke of working on ways to get training funds from Peace Officers Standards and Training (POST) as POST holds all training for adult misdemeanor and she commented about always looking for substance abuse dollars. Ms. Brown said Attorney Hull had asked her to look into an adult diversion program, but she hasn’t found a program that would fit the county. We’re looking for ways to take the work load off of the courts and the jail, and to offer people treatment and find ways for people to remain in their communities.
Ms. Brown informed Commissioners that Mr. Buckley came by to talk about protective screens for the Probation Office. Zoom meetings have been great for not having to travel, but they’re becoming more and more frequent, according to Ms. Brown. Chairman Dinning suggested Ms. Brown look into her office’s computer needs and put together a narrative and estimate for what is needed as it could be included in the CARES Act reimbursement program. Clerk Poston informed Ms. Brown that Probation Office employee April Isaac has been a really big help in the Clerk’s Office and added that her help was needed. Clerk Poston spoke of learning what can be requested or included in the CARES Act reimbursement.
The meeting with Ms. Brown ended at 10:38 a.m.
Chairman Dinning said he saw information online somewhere that funds would be available to businesses in need in communities and it was up to the county to determine which businesses would qualify.
Boundary County Victims Service Advocate Becky James stopped by Commissioners’ Office to introduce them to a new employee in her office. Ms. James left the meeting.
10:50 a.m., Chairman Dinning stated that Commissioners did receive the proposed fiscal year 2020-2021 county budget from Clerk Poston and they are reviewing it. Clerk Poston said she is working on parts of this budget and will have certain departments take another look at it as well. Clerk Poston commented that the county is not implementing a 3% increase, other than new construction. Chairman Dinning mentioned what concerns him is the budget for Road and Bridge as it relates to the year after next. Clerk Poston said she did levy for Road and Bridge based on some bridge replacements without being reduced 25% and the amount is $133,000.00. Skin Creek Bridge at the “y” of Perkins Lake Road and Deer Creek Road will have to be replaced this year. Chairman Dinning said the only bridge that concerns him more is the Naples Bridge. With the exception of the north Trout Creek Bridge, other bridges could be prefab bridges. Clerk Poston briefly mentioned the budget for Ruby Creek Bridge, Skin Creek Bridge, Naples Bridge, and Mission Creek Bridge. Clerk Poston said the levy amount for the Restorium did increase to $326,000.00 and this is due to lack of occupancy and costs in general have increased. The levy for the hospital is just under $290,000.00. Chairman Dinning said the low water bridge under the Copeland Bridge and the lower Parker Creek Bridge are not high priorities. Clerk Poston briefly mentioned the budget in regard to whether or not there will be any fees increases. Those present discussed fees in general, such as it might be better to implement smaller fee increases more often as opposed to not imposing fee increases for many years and then implement a higher increase to catch up.
11:00 a.m., Courthouse Maintenance John Buckley contacted Commissioners via conference call to provide his department report. Mr. Buckley said he has more requests to rebuild more permanent plexi-glass sneeze guards and he has finished them for the Treasurer’s Office and the Department of Motor Vehicles so the Assessor’s Office is next. Mr. Buckley said he’s trying to reuse the existing plexi-glass for the new screens, but some screens have cracked and split. A request for screens has come from the Probation Office so he will built two more screens for staff in that office. Mr. Buckley said he is probably going to build the screens for the Probation Office prior to the Assessor’s Office since the Assessor’s Office does already have a shield in place whereas the Probation Office doesn’t. Chairman Dinning mentioned adding a request for a permanent screen for the Clerk’s Office. Mr. Buckley mentioned that he will first work on hanging screens for offices that currently don’t have one. Mr. Buckley discussed working on the Courthouse boiler last week. The boiler needs a new gas valve and then he will test it on a weekend. Things are good in other buildings, according to Mr. Buckley. The boat launches are doing pretty good this year, but there is some painting needed. Work at the armory has been busy and it’s almost done. Work has been done to cover graffiti at the snowmobile park. Chairman Dinning suggested buying more security cameras for these areas.
Mr. Buckley commented that he thinks there are enough surplus items for a public auction, but he can also hold off. Chairman Dinning asked about there being a batch of chairs stacked up behind the armory and Mr. Buckley said they came from the fairgrounds. These chairs are surplus, but they had to be moved in preparation of the fair. Mr. Buckley said he’s not having much luck getting contractors to call him back about redoing the sidewalks so he may do some extensive patching to get through to next year.
Commissioners briefly discussed the meeting Commissioner Cossairt had with Wil Hedrick of Boundary Electric regarding power for the Courthouse. Those present discussed work done and waiting for breakers that have been ordered. A bid is to be submitted for power to the courtrooms and that information should come in this week.
The meeting with Mr. Buckley ended at 11:12 a.m.
Commissioners recessed until their next meeting at 11:30 a.m.
11:36 a.m., Restorium Administrator Karlene Magee joined the meeting to give a department report. Those present discussed submitting a request for reimbursement through the CARES Act funds and Ms. Magee explained that when she called the number, she learned that the type of fund the county is already involved in is state funding and her information would fall under federal funding. Ms. Magee added that she found out more information about the reimbursement application and the deadline was today.
Deputy Clerk Pam Barton joined the meeting at 11:40 a.m.
Those present discussed a possible worker’s compensation matter.
Ms. Barton left the meeting at 11:43 a.m.
Ms. Magee informed Commissioners that the Restorium currently has 31 residents. Chairman Dinning asked what restrictions are in place at the Restorium due to COVID-19. Ms. Magee said residents can eat together, but they need to stay six feet apart and they can also socialize at six feet apart. The residents have been notified of these restrictions and there are signs placed around the Restorium. Visitors are only allowed to visit with residents through the window. Ms. Magee said she is allowing two hair care days to take place in the lower level of the Restorium and the hair dressers will wear gloves and other personal protection equipment.
Ms. Magee informed Commissioners that Bee Safe is having trouble filling an order for the security system, but they will keep in touch with her about it. Chairman Dinning asked, if this purchase doesn’t get taken care of by the end of the budget year once budget is approved, can this work be added as unanticipated revenue? Clerk Poston said if everything comes in and we have the cash, Commissioners will need to adopt a resolution.
The meeting with Ms. Magee ended at 11:47 a.m.
There being no further business, the meeting adjourned at 11:47 a.m.
______________________________
DAN R. DINNING, Chairman
ATTEST:
_________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk