***Monday, February 20, 2023, Commissioners did not meet due to the Presidents Day Holiday.
***Tuesday, February 21, 2023, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, County Civil Attorney Tevis Hull, Assessor Olivia Drake, Veterans Service Officer Ron Self, Noxious Weeds Department Superintendent Dave Wenk, Emergency Manager Andrew O’Neel, Solid Waste Department Superintendent Claine Skeen, University of Idaho Extension Educator Amy Robertson, Coroner Chad Workman, Chief Probation Officer Stacy Brown, Treasurer Jenny Economu, Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane, Road and Bridge Department Co-Superintendent Randy Morris, IT Director Matt Hodges, Sheriff Dave Kramer, and Personnel Director Pam Barton.
Ms. Barton reviewed information on the County Employee Disciplinary/Termination Policy after consulting with Idaho Counties Risk Management Program (ICRMP) representatives. Attorney Hull commented that disciplinary issues are seen as a negative, but it’s just trying to help rehabilitate an employee of the county. Attorney Hull reviewed scenarios and he said the issue is when an employee is being terminated, but neither he nor ICRMP have been notified ahead of time as that can create a liability issue. Attorney Hull said if he’s notified ahead of time, he can go over the check list pertaining to the process and then contact ICMRP to review the issue. ICRMP has changed their policy to state if you’re going to take disciplinary action and ICRMP is not notified beforehand, the county has to pay the $5,000.00 deductible. If ICRMP is notified beforehand and the county works with them, they will waive the deductible.
Commissioners went around the room for department position vacancies.
Chairman Bertling said if county departments have vehicles or equipment to surplus, the county is considering the online auction process. The vehicle and equipment VIN numbers need to be provided to Commissioners’ Office for an online auction proposed to be held in April and pictures will be posted to the site.
Ms. Barton discussed disciplinary processes and said there needs to be a paper trail if there is a disciplinary issue. If a verbal warning is given, there needs to be paperwork on that. Clerk Poston mentioned that the official employee file is held in the Clerk’s Office.
Mr. O’Neel informed Commissioners that he is researching the differences between public information officers, public affairs and public relations. Mr. O’Neel said he’s looking at a public affairs function, which is done to a point already.
Commissioners went around the room for department updates.
The elected officials/department heads meeting ended at 9:40 a.m.
9:45 a.m., Commissioners reviewed a quote from Turner Plumbing to repair the broken pipe under the floor of the basement level men’s room. The cost to repair the granite flooring after the pipe is fixed is not covered in the quote. Clerk Poston reminded Commissioners that the Courthouse is listed in the Historical Register. Commissioners will look into getting more quotes.
10:00 a.m., University of Idaho Extension Educator Amy Robertson met with Commissioners to update them on various University of Idaho programs being offered, as well as classes she has taught since her last meeting. Ms. Robertson has applied for grants for various programs.
Ms. Robertson and Commissioners discussed getting a storage shed for the Extension Office’s new location. Ms. Robertson said a 10’ by 20’ shed would be a good size. Quotes received for storage sheds came in at prices of $7,159.00, $7,379.00, $6,800.00 and $4,725.00. The shed from Level Up is $6,800.00 with free delivery and Ziggy’s quoted $4,725.00 with a delivery fee of approximately $270.00. Commissioners and Ms. Robertson briefly discussed where the shed would be placed. Ms. Robertson will contact Ziggy’s to inquire about their shed’s framing.
Ms. Robertson said the quotes she found for a new dishwasher range from $500.00 to $700.00. Commissioners and Clerk Poston said for Ms. Robertson to purchase the dishwasher she prefers.
The meeting with Ms. Robertson ended at 10:30 a.m.
Sheriff’s Detective/Marine Deputy Caleb Watts and County Civil Attorney Tevis Hull joined the meeting at 10:30 a.m.
Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting at 10:32 a.m.
Detective Watts explained the boat safety grant offered through the State of Idaho Department of Parks and Recreation. This grant provides funds for patrolling the river, offering boat safety classes, etc. and the grant match is $2,990.00. Detective Watts explained that he patrols the river weekly. The more you use the funds from the grant, the amount for the following year increases. Total funding statewide is $850,000.00, but that can vary.
Commissioner Robertson moved to sign the State of Idaho Department of Parks and Recreation Agreement for Recreational Boating Safety Funds/Boat Safety Grant. Commissioner Cossairt second. Motion passed unanimously.
Mr. Watts left the meeting at 10:40 a.m.
Commissioner Cossairt moved to approve the minutes of February 6, 2023. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Dave Wenk to Fair Board with a term to expire January 2025. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Federal Aviation Administration Grant Application for the Boundary County Airport Slope Stabilization Project. Commissioner Robertson second. Motion passed unanimously.
Attorney Hull informed Commissioners that he had sent them language for a letter to sign and send to Dan and Linda DeHarts’s attorney, Eric Anderson, regarding the development of Mr. DeHart’s property. Commissioners reviewed the language for the letter.
Commissioner Cossairt moved to approve and send the letter to Attorney Eric Anderson regarding the county property and development of Dan and Linda DeHart’s property near the airport. Commissioner Robertson second. Motion passed unanimously.
Attorney Hull reviewed various matters he’s working on. Attorney Hull said as it pertains to Second Chance Animal Adoption, the county ordinance 83-2 allows the county to impose fees for dogs running at large. In addition to the fees, a misdemeanor can also be filed. Attorney Hull said he will contact Mila Cousins, who is on the board for Second Chance about the matter.
As it pertains to the grant application for the Waterways Board, Chairman Bertling said he will contact HMH Engineering to narrow the scope of work down to just phase 1. Attorney Hull said he will contact an appraiser regarding the proposed land lease with North Bench Fire Department. Attorney Hull said an appraisal is for determining fair market value for rentals.
Attorney Hull spoke of having a meeting with property owner Tim Tucker, Road and Bridge Co-Superintendent Renee Nelson, and Assessor Olivia Drake. Attorney Hull is waiting to hear back from the State of Idaho regarding the matter involving Garvin Williams. Attorney Hull explained needing to draft a resolution that will explain the different account the ARPA funds will be saved in going forward.
Attorney Hull said as it pertains to the approach variance and ordinance for the approaches for Tractor Supply Store, a neighbor to the site wants to appeal the Commissioners’ decision, but there is no appeal process for a variance. Attorney Hull explained that he suggested the neighbor send Commissioners a letter requesting they reconsider their decision. Commissioners would not open a new hearing for additional testimony or information, but they would allow the neighbor to argue why he thinks Commissioners are wrong.
Attorney Hull discussed the trade mark process, which is to file with the Secretary of State online. The county seal is unique in character to Boundary County. You cannot put a tm under federal rules, but you can under state rules. Attorney Hull said it would be different if someone uses the entire county flag, but if the image is reduced to a certain point, it gives the appearance of the county seal.
11:00 a.m. Sheriff Dave Kramer joined the meeting and those present discussed the ability for elected officials to carry firearms in the Courthouse. Attorney Hull said the issue is whether or not an individual elected official in Idaho can carry a firearm inside the Courthouse. Attorney Hull referenced Idaho Code sections that deal with licensing requirements, which doesn’t apply to cities, counties or the state, etc. Attorney Hull read a portion of Idaho Code that states a person cannot carry a firearm in the Courthouse, unless it’s a peace officer, bailiff, etc., but it does give Commissioners authority to designate someone to carry a concealed weapon. Chairman Bertling said it is practical since our Courthouse is not secure. Commissioner Robertson said he would like to conceal carry in the Courthouse, but he wants the Sheriff’s Office to be comfortable with that. Sheriff Kramer said it would be good if an elected official can carry. Attorney Hull said the statute as written is not well drafted. Commissioners have authority over the building, and law enforcement and the bailiff already have the authority to carry. Sheriff Kramer spoke of being able of hold a short course for use of force and relate points to consider. It might be beneficial and helpful to have additional training through the firearms instructor, according to Sheriff Kramer. Attorney Hull said he needs to get in touch with Idaho Counties Risk Management Program (ICRMP) to see what to be aware of from a liability standpoint.
Sheriff Kramer and Ms. Bonsant left the meeting at 11:20 a.m.
11:20 a.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; 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 Robertson second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 11:30 a.m. No action was taken.
11:30 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to discuss quotes received for a new concrete crusher bucket. The equipment cost came under an amount that requires the formal bid process so Mr. Skeen received quotes. Mr. Skeen recommended Western States CAT and he has budget in his capital equipment line item to cover the cost.
Commissioner Robertson moved to purchase a MB crusher bucket from Western States CAT for an amount totaling $81,500.00. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Mr. Skeen ended at 11:45 a.m.
Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
The Restorium update scheduled for 2:00 p.m. was cancelled.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the Road and Bridge Department report. A written report was provided. Also present were: Assessor Olivia Drake and Addressing Coordinator Debra Drager.
Mr. Morris reviewed work listed in the report.
Ms. Nelson updated Commissioners on the Naples Elementary School Pedestrian Safety Improvement project and explained the cost of $70,000.00 and match portion for project development.
Commissioner Cossairt moved to sign the State/Local Agreement for Key No. 23910, Naples Elementary School Pedestrian Safety Improvements, upon review by the County Civil Attorney and to sign the associated claim. Commissioner Robertson second. Motion passed unanimously.
Ms. Nelson said Road and Bridge was contacted by the Idaho Association of Counties and Idaho Association of Highway Districts regarding new Senate Bill 1053 that is going before the legislature today. One part of the bill is to have all loads tarped and the government exemption is to be reviewed and possibly removed. The costs to have every Road and Bridge truck and dump truck covered was questioned. Road and Bridge currently has one tarp on a pup.
It was explained that Assessor Drake was hoping to get on Commissioners’ agenda to discuss prioritizing projects involving the Addressing Coordinator.
Ms. Drager mentioned to Commissioners that she received an email from a business analyst from the Idaho Secretary of State’s Office. Clerk Poston added that every so many years taxing districts have to rezone and Assessor Drake has helped with Commissioners districts. Moving forward, the Boundary County School District is doing that as well and the Boundary County Library has chosen to mirror the School District’s boundaries. The Clerk’s Office isn’t sure what to do about determining boundaries in relation to mapping, but is looking into it. Ms. Drager had a meeting about what needs to happen, which is to go through the spreadsheet provided by the Secretary of State with all of the roads to make sure it matches the county’s data base. If not, the county has to go to voter identification to make sure information matches. Ms. Drager said she’s not sure how this work falls under the contract with Innovate. Chairman Bertling and Clerk Poston both said this work doesn’t fall under the current contract. Clerk Poston explained that the work involving mapping for district boundaries would be covered by election funds. Both the School District and Boundary County Library are updating their boundaries and there will be an election in May so this work needs to be done by mid-April, which doesn’t allow for a lot of time. Assessor Drake explained the mapping issues to Commissioners. Clerk Poston said Boundary County is not the only county experiencing this.
The meeting with Road and Bridge, Ms. Drager and Assessor Drake ended at 2:37 p.m.
Commissioners briefly continued their discussion on Road and Bridge matters.
There being no further business, the meeting adjourned at 2:55 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk