***Monday, August 30, 2021, at 9:00 a.m., Commissioners met in regular session with Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office.
Commissioners said the Pledge of Allegiance.
Commissioner Bertling moved to appoint Commissioner Cossairt acting chairman in the absence of Chairman Dan Dinning. Commissioner Cossairt second. Motion passed unanimously.
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 provided. It was said that Road and Bridge won’t be purchasing the truck that was for sale in Hayden, but there is 2005 Kenworth that is possibly for sale and those present discussed looking into it.
Ms. Nelson spoke of roads that are to be chip sealed, such as Treetop Bluff Lane, Kootenai Trail Road, Lost Mile Road, Paradise Valley Road, and Woodside Road.
Ms. Nelson reviewed other items on the Road and Bridge Report. A resident at the end of Ball Park Road near the Riverside Park access would like the county to put up a sign stating “end of county road” as a deterrent for people driving back there and turning around. Ms. Nelson asked for the contact for the Riverside Park trail project.
Ms. Nelson raised a question regarding compensatory time for two employees. Commissioners said they didn’t have a problem with allowing compensatory time as opposed to overtime for this case.
Ms. Nelson said Planning and Zoning emailed them last week to ask about road requirements for Dayton Skrivseth’s subdivision, Roosevelt Place. Ms. Nelson informed Commissioners that the approach is not 28 feet at the right-of-way line. There is also approximately three to five inches of rock over the culvert when it’s supposed to be six inches of rock. When following through on inspecting approaches, only half of the applicants are following through on what is required. Those present discussed what happens to the culvert when it’s not covered to specifications.
Ms. Nelson updated Commissioners on the progress of paving Ruby Creek Road.
The meeting with Ms. Nelson and Mr. Morris ended at 9:40 a.m.
Commissioners contacted County Civil Attorney Tevis Hull via telephone.
Attorney Hull mentioned a discussion having taken place regarding Dayton Skrivseth’s subdivision for Roosevelt Place. Mr. Skrivseth has put in a fire hydrant as opposed to a blow off hydrant, so that has been addressed, but the other issue is still the size of the turnaround/cul-du-sac. Attorney Hull said the county has not adopted the International Fire Code setting the turnaround at 96 feet. Mr. Staples had stated that the turnaround is shown as 80 feet, with a 40-foot radius on the plat and there is nothing else specifically mentioned by Commissioners pertaining to the turnaround. Attorney Hull said if that is factually the case, you have to have a turnaround and what is sufficient for a fire truck to turn around. It was said that this will be the issue that comes up for the approval of the final plat. Acting Chairman Cossairt questioned if the county approved the width of 80-feet. Commissioner Bertling said he doesn’t think it’s 80 feet at this point in time.
Attorney Hull informed Commissioners that the matter regarding the container issue in Naples is coming up again. Attorney Hull stated that he is working on election language for the proposed override levy for Boundary Ambulance Service District.
Attorney Hull mentioned that a Fair Board member raised a question as to whether or not they were considered employees of the county or of the fair and if they’re subject to the employee handbook. Clerk Poston explained the differences and it was determined that Fair Board employees are not county employees.
The call to Attorney Hull ended at 9:57 a.m.
Commissioner Bertling moved to sign Certificates of Residency for Eika Willis and Travis Petersen. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Commissioner Bertling moved to sign the Findings and Decision for Planning and Zoning Application #21-114 for the Weakly Comprehensive Plan and Zoning map amendment from agriculture/forestry to rural residential. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Commissioner Bertling moved to sign the Findings and Decision for Planning and Zoning Application #21-0126, for the Boundary County Comprehensive Plan and zoning map update/amendment. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Commissioner Bertling moved to sign the Findings and Decision for Planning and Zoning Application #21-0132, for the Naumann Comprehensive Plan and zoning map amendment from agriculture/forestry to rural residential. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Assessor Dave Ryals joined the meeting at Commissioners’ request at 10:01 a.m.
Commissioners asked Assessor Ryals about verbiage in the agreement to lease a copy machine for the Assessor’s Office. Assessor Ryals said the lease/purchase agreement has a 60-month term and he is deciding to lease it, although he has the option to purchase the copier at fair market value if he prefers. Commissioners briefly voiced concern about language in the lease and Assessor Ryals said that Attorney Hull had reviewed the agreement and approved of it.
Commissioner Bertling moved to authorize Chairman Dinning to sign the lease/purchase agreement with Kelly Connect for a Xerox copy machine for the Assessor’s Office. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Assessor Ryals left the meeting at 10:09 a.m.
Commissioners tended to administrative duties.
10:30 a.m., Lead Deputy Court Clerk Della Armstrong joined the meeting.
Commissioners conducted a conference call with Idaho Public Defense Commission Regional Coordinator Jennifer Roark, and Boundary County Public Defenders Bruce Greene and Amanda Findlay for the purpose of discussing general Public Defense Commission matters and updates. Ms. Roark listed various monthly continuing legal education (CLE) courses the Public Defense Commission is currently offering, to include the First Friday series, which is part business meeting and part CLE. There will also be CLEs on procedures issues, case counting, etc. The final program is called PDC Squared and it’s a week-long program where public defenders work through case problems in small groups with top attorneys. There is no cost to counties or defending attorneys. There are a number of credits that defending attorneys are to take each year.
Ms. Roark asked if anyone had any questions now that the Financial Assistance Agreements have been submitted. No one had any questions. Ms. Roark mentioned that there has been $50,000,000.00 in requests from counties received by the Public Defense Commission and there are rules in place in order to provide funding to all counties at 15%. Ms. Roark explained the program.
Those present discussed the annual review pertaining to public defense and Ms. Roark asked if there is any indication that any attorneys are going over their caseload limits. Attorney Greene said he would need to review his case load limits. Attorney Findlay commented that she is aware that she is getting close to the limit. Ms. Roark asked what the plan is if Attorney Findlay goes over the limit. Attorney Findlay said she doesn’t feel she will go over the limit as she would handle it. Under Idaho law there are limits on the number of cases during a reporting period, according to Ms. Roark. The limit for felonies is 210 cases per attorney and misdemeanor cases have a limit per attorney of 520. Attorney Findlay explained that she would use conflict attorneys to cover her cases if she went over the limit, but she doesn’t think it will occur. Ms. Roark informed Attorney Greene and Attorney Findlay that there is a caseload calculator on the Public Defense Commission website. It was said that Boundary County is consistently under their caseload limits. Attorney Greene said he feels the county’s public defenders will exceed their contract hours.
Clerk Poston questioned if the county is supposed to be monitoring the caseloads as attorneys don’t supply that information until the year-end report, so she’s confused by the limits of 210 and 520. Ms. Roark said by law counties are required to monitor caseloads, but that looks different for each county. A quarterly check in with the Public Defense Commission is suggested for the purpose of having those ongoing conversations so public defenders stay under their limit. There is responsibility on everyone’s part to keep an eye on this. Clerk Poston spoke of not receiving a report on hours from a public attorney. Clerk Poston spoke of updated public defender contracts coming out soon. Ms. Roark said one recommendation on the annual report is to have the regular check ins. Commissioner Bertling said meeting quarterly to review caseloads would be fine for him. Attorney Greene agreed.
Ms. Roark asked if Boundary County needs anything from the Public Defense Commission. Attorney Findlay explained how she has some clients who live remotely so telephone and electronic communication can be difficult, and she asked if there is funding for that. It would be for the clients who don’t have internet, a telephone landline or cell phone and sometimes all of the above. Ms. Roark said the Public Defense Commission doesn’t have funding for this, but there are new federal programs for client-based infrastructure extending services for rural communities. It was mentioned there is an office available at the Courthouse for meeting clients.
Ms. Roark spoke of the Public Defense Commission being in the rule making process and being in the final stages and working on negotiations. The hope is for the Public Defense Commission to request written commentary or have the counties attend the public hearing pertaining to the rules. Ms. Roark asked Commissioners to review the rules that were sent out and to provide input.
The call to Ms. Roark, Attorney Greene and Attorney Findlay to discuss public defense matters ended at 11:00 a.m.
Commissioners, Clerk Poston and Ms. Armstrong continued their discussion on various matters pertaining to public defense.
11:11 a.m., Ms. Armstrong left the meeting.
11:13 a.m., Chief Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Bertling moved to go into closed session pursuant to Idaho code 31-874. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously. The closed session ended at 11:30 a.m.
Commissioner Bertling moved to deny indigent case 2021-11. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Prosecutor Andrakay Pluid joined the meeting at 11:33 a.m.
Deputy Clerk Ryals left the meeting at 11:33 a.m.
Prosecutor Pluid explained that at the last meeting there had been talk about the bigger solution for security measures at the Courthouse, but at this point she’s coming back to discuss her office specifically. Prosecutor Pluid said she cannot ignore that she has employees who don’t feel safe and she added that there is also not a second exit in her office. Prosecutor Pluid asked if she could spend up to $16,000.00 for a security solution for her office, have Vern Wilson with Bonner Ferry Glass provide a definitive cost and spend up to that amount. Prosecutor Pluid added that she could also look for other quotes. Acting Chairman Cossairt said he would like to work locally, but if a time frame can’t be put on it, then to have Prosecutor Pluid look for other quotes. Those present suggested a time frame of November 1st. Acting Chairman Cossairt said to see what Mr. Wilson says about the time frame of November.
Commissioner Bertling moved to approve the expenditure of up to $16,000.00 for security options for the Prosecutor’s Office. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Prosecutor Pluid left the meeting at 11:40 a.m.
Chief Deputy Clerk Ryals returned to the meeting to provide a brief update on an indigent matter.
Commissioner Bertling moved to write-off 25% of the balance for indigent case 2011-37 contingent on the balance being paid in full by October 1, 2021, and if that payoff doesn’t occur, the percentage of the write-off will decrease from 25% to 10%. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Chief Deputy Clerk Ryals left the meeting at 11:45 a.m.
Commissioners tended to administrative duties.
Commissioners recessed for lunch at 11:56 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Acting Chairman Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Parks and Recreation Board Chairman Rob Tompkins joined the meeting to provide Commissioners with an update on various projects associated with Parks and Recreation.
Mr. Tompkins spoke of the project to remove and replace the restrooms at Memorial Field and how there is $15,000.00 to tear them down. Mr. Tompkins said the cost was more, but he can probably get the restrooms torn down for less cost. The hope is to get this work done in the fall and then save funds for replacement restrooms, as well as apply for grants. Mr. Tompkins said 9B Trails was awarded a grant for the trails at Riverside Park and the project has been marked out. Tess Rae with 9B Trails might seek another grant for the restrooms. Commissioners and Mr. Tompkins discussed the roadblocks faced when trying to connect a pathway by the railroad tracks from the parking lot by Bonners Ferry Family Medicine to the rest of the project area.
Commissioner Bertling moved to appoint Kieran Ricci to the Parks and Recreation Board to fill the term left vacant by Mike Weland, with a term expiration date of December 2021. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Commissioner Bertling moved to reappoint Rob Tompkins and Pam Copeland to the Parks and Recreation Board with terms to expire December 2023. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Commissioner Bertling moved to reappoint Tim Dougherty to the Parks and Recreation Board with a term to expire December 2022. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Commissioner Bertling moved to reappoint Tess Rae to the Parks and Recreation Board with a term to expire January 2023. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
1:41 p.m., Parks and Recreation Board member Tim Dougherty joined the meeting.
Clerk Poston mentioned that there hadn’t been any decisions made, but there is a COVID-19 relief funding program and in some of the literature, investments for improving outdoor spaces to include parks, is an authorized use so it might be possible to use those funds for the restrooms.
Those present spoke of various matters to include improved lighting with sensors, vandalism, removal of a tree, etc.
Mr. Dougherty mentioned wanting to put more funds toward the tennis courts and how there is a want to build pickleball courts. Clerk Poston said the Tennis Association had not requested a budget increase.
The meeting with Mr. Tompkins and Mr. Dougherty ended at 2:07 p.m.
Steve Moyer with North Star Surveying joined the meeting for the purpose of having Commissioners sign the plat for a short plat subdivision for property owner Ruth Eckblad.
Commissioner Bertling moved to approve signing the plat for the short plat subdivision for property owner Ruch Eckblad. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.
Mr. Moyer left the meeting at 2:12 p.m.
Commissioner Bertling moved to sign the Certificate of Residency for Jacob Ramsey. Acting Chairman Cossairt yielded the chair to the second. Motion passed unanimously.
3:07 p.m., There being no further business, the meeting recessed until tomorrow at 1:30 p.m.
***Tuesday, August 31, 2021, at 1:30 p.m., Commissioners met in regular session with Acting Chairman Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Restorium Administrator Karlene Magee joined the meeting.
Ms. Magee informed Commissioners that the state will accept her extension to address their concerns, but the state would like to know how long the project of putting in a divider will take. Acting Chairman Cossairt said we’re just looking at putting up a 30-foot sheet-rocked wall between the dining room and living room. Those present discussed the number of doors needed for access. Acting Chairman Cossairt commented that he doesn’t see an issue other than finding a contractor to do the work. Ms. Magee said the fireproof, double-door will be expensive. Clerk Poston spoke of possible funding options. Ms. Magee said she wouldn’t worry too much about the courtyard right now if modifications need to be made and that is something that could be taken care of in-house.
Ms. Magee said she will look into whether or not she will qualify for Coronavirus Financial Advisory Committee (CFAC) funding that is coming out.
The meeting with Ms. Magee ended at 1:46 p.m.
Deputy Clerk Pam Barton joined the meeting to discuss a personnel matter with Commissioners.
Ms. Barton left the meeting at 1:52 p.m.
Courthouse Maintenance John Buckley joined the meeting at Commissioners’ request and Commissioners informed him that Logan Ensz with Ensz Electric and an inspector are coming by the Courthouse tomorrow to make sure Mr. Ensz has everything he needs to improve power to the Courthouse.
Mr. Buckley left the meeting at 2:00 p.m.
Dick Staples with JRS Surveying joined the meeting.
Commissioners continued their discussion about a couple matters pertaining to Dayton Skrivseth‘s subdivision. The matter of the fire hydrant has been resolved. Mr. Staples said he’s trying to get Mr. Skrivseth’s plat recorded and the hold-up is with North Bench Fire Association, who is stating the turnaround is supposed to be 96 feet. Commissioners said they had approved 80 feet for the turnaround. Acting Chairman Cossairt said he and Commissioner Bertling had been looking at maps of Mr. Skrivseth’s subdivision and the actual drawing that Commissioners approved depicts an 80-foot cul-du-sac so Commissioners need to abide by what they approved. Mr. Staples said Commissioners need to pass that information along to Planning and Zoning and ask them to sign the plat.
Commissioners contacted Planning and Zoning staff member Tessa Vogel and asked to her let Planning and Zoning Administrator Clare Marley know that Commissioners are directing her to sign the plat.
The call to Ms. Vogel ended at 2:23 p.m.
There being no further business, the meeting adjourned at 2:25 p.m.
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WALLY COSSAIRT, Acting Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk