***Monday, February 21, 2022, Commissioners did not meet due to the Presidents Day Holiday.
***Tuesday, February 22, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
Terry and Jeanine Betsher joined the meeting.
Commissioner Cossairt moved to cancel and write off two contractor accounts that are delinquent at the Boundary County Solid Waste Department for the amounts of $958.74 and $2,099.94. Commissioner Bertling second. Motion passed unanimously.
9:04 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone. Attorney Hull said he will get the legal description for the parking lot agreement with Mountain Springs Church to Mapper Olivia Drake to review.
Chairman Dinning stated that the county owns approximately 4/10ths of an acre near the Montana State line. Commissioners are thinking of declaring this property surplus and either selling it or donating it to Curley Creek Fire Department, but they’re not sure if that is something they can do. Attorney Hull said he’ll review the statute for that.
Commissioners discussed a logging operation on Ruby Creek Road. Chairman Dinning said Road and Bridge Road Foreman Brad Barton was going to drive to the site on Ruby Creek Road and tell the logger to pull the logs out of the county right-of-way and put them back on the landowner’s property. It was said the logs were drug down the road. Commissioner Bertling said the logs are still in the ditch so they will have to be moved and the ditch put back in.
Chairman Dining said as it pertains to the older Dodge Grand Caravan that the Senior Center wants to get rid of, Commissioners need to go back and look at the language of the grant to see if the county can surplus the van back to the Senior Center.
Attorney Hull said that Treasurer Sue Larson had been included in a lawsuit/quiet title action because of there being delinquent property taxes on the property and the company filing the suit didn’t want the county coming in and claiming superior lien rights before them. Chief Deputy Treasurer Jenny Economu sent Attorney Hull the information on the delinquent taxes, which totaled $14.00. Attorney Hull said he will work on the stipulation to have the county dismissed out of this suit. The property owners have now paid the delinquent taxes so there will be no tax issue for the county.
Attorney Hull said he still needs to modify documents pertaining to the county Restorium employees regarding COVID-19 vaccine exemptions.
Attorney Hull commented that he met with Road and Bridge Department Co-Superintendent Renee Nelson last week and they discussed Labrosse Hill in relation to an easement. Attorney Hull said one party objected to an easement as they don’t want one of the other landowners to have access through their property. Ms. Nelson is working on that and will get back to Attorney Hull with the property owner’s response.
Commissioners said they needed to work on verbiage pertaining to conditions when accepting railroad ties at the landfill.
Attorney Hull and Commissioners discussed amendments needed to the County Road Standards Ordinance as it pertains to accesses and in certain cases where a hearing would not be needed. Construction approaches would also be amended to require certain footages with certain size culverts, etc., so the only time an applicant would need a variance is when an approach is too close to another approach. Chairman Dinning said Commissioners were talking about making that an administrative issue for Road and Bridge to handle, but then have an appeal process before Commissioners.
Commissioners stated that they’re waiting until March or April to address Tim Tucker’s request for a partial road abandonment.
Commissioners questioned the status of the land lease with North Bench Fire Department.
The call with Attorney Hull ended at 9:17 a.m.
Commissioner Cossairt moved to approve the minutes of February 7 & 8, 2022. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign Request for Reimbursement #19 for Airport Improvement Project 3-16-0004-017-2020 for the environmental study/Phase II – Environmental Assessment for the amount of $16,679.64. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2022-13. A resolution increasing the Current Expense Election Budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-13 reads as follows:
RESOLUTION 2022-13
INCREASING THE CURRENT EXPENSE ELECTION BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Current Expense Election Budget for fiscal year 2021-2022, and
WHEREAS, Boundary County has received $14,971.01 from the State of Idaho, Secretary of State, as reimbursement for HAVA Poll Books , and
WHEREAS, the Boundary County Current Expense Fund Election Budget is in need of additional revenue for fiscal year 2021-2022, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Current Expense Election Fund Revenue Account Number 01-00-0337-0009 and the Boundary County Current Expense Election Fund Budget Expense Account Number 01-04-0705-0017, Misc. Costs, in the amount of $14,971.01, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Current Expense Election Fund Revenue Account Number 01-00-0371-0009 and the Boundary County Current Expense Election Budget Expense Account Number 01-04-0705-0017,Misc. Costs, in the amount of $14,971.01 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 22nd day of February, 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 #290383
Commissioner Cossairt moved to adopt Resolution 2022-14. A resolution increasing the Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-14 reads as follows:
RESOLUTION 2022-14
INCREASING THE JUSTICE FUND SHERIFF BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Justice Fund Sheriff Budget for fiscal year 2021-2022, and
WHEREAS, Boundary County has received $96.80 from the Boundary County Prosecuting Attorney, as reimbursement for Computer Arts license fee, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-499-0003, Maintenance Contracts, in the amount of $96.80, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-0499-0003, Maintenance Contracts, in the amount of $96.80 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 22nd day of February, 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 #290384
Commissioner Cossairt moved to adopt Resolution 2022-15. A resolution increasing the Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-15 reads as follows:
RESOLUTION 2022--15
INCREASING THE JUSTICE FUND SHERIFF BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Justice Fund Sheriff Budget for fiscal year 2021-2022, and
WHEREAS, Boundary County has received $12,991.85 from the Idaho State Police, as reimbursement for Livescan fingerprinting machine, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-0899-0000, Capital - Other, in the amount of $12,991.85, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-0899-0000,Capital-Other, in the amount of $12,991.85 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 22nd day of February, 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 #290385
Commissioner Cossairt moved to adopt Resolution 2022-16. A resolution increasing the E911 Budget due to duplicate payment. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-16 reads as follows:
RESOLUTION 2022-16
INCREASING THE E911 BUDGET
DUE TO DUPLICATE PAYMENT
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County E911 Budget for fiscal year 2021-2022, and
WHEREAS, Boundary County has received $2,100.00 from ESRI, as reimbursement for overpayment of maintenance for E911 addressing software, and
WHEREAS, the Boundary County E911 Budget is in need of additional revenue for fiscal year 2021-2022, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County E911 Fund Revenue Account Number 09-00-0391-0018 and the Boundary County E911 Fund Budget Expense Account Number 09-00-0495-0000, Repairs/Maint - Communications, in the amount of $2,100.00, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County E911 Fund Revenue Account Number 09-00-0391-0018 and the Boundary County E911 Fund Budget Expense Account Number 09-00-0495-0000, Repairs/Maint., in the amount of $2,100.00 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 22nd day of February, 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 #290386
Commissioner Cossairt moved to adopt Resolution 2022-17. A resolution increasing the Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-17 reads as follows:
RESOLUTION 2022-17
INCREASING THE JUSTICE FUND SHERIFF BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Justice Fund Sheriff Budget for fiscal year 2021-2022, and
WHEREAS, Boundary County has received $2,701.34 from the City of Bonners Ferry, as reimbursement for Computer Arts license fee, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-499-0003, Maintenance Contracts, in the amount of $2,701.34, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-0499-0003, Maintenance Contracts, in the amount of $2,701.34 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 22nd day of February, 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 #290387
Commissioners reviewed the updated County zoning map.
Commissioner Cossairt moved to approve and sign the updated County Zoning Map dated February 22, 2022. Commissioner Bertling second. Motion passed unanimously.
Commissioners tended to administrative duties.
Lead Court Clerk Della Armstrong joined the meeting at 9:58 a.m.
Those present discussed an upcoming shortage of public defenders for Boundary County court cases.
Mr. & Ms. Betsher left the meeting at 10:01 a.m.
Judge Justin Julian joined the meeting at 10:01 a.m.
Those present continued the discussion on a future lack of public defenders for Boundary County court cases.
Ms. Armstrong and Judge Julian left the meeting at 10:22 a.m.
Chief Deputy Clerk Nancy Ryals joined the meeting at 10:22 a.m.
Commissioner Cossairt moved to deny indigent case 2022-7. Commissioner Bertling second. Motion passed unanimously.
Chief Deputy Clerk Ryals left the meeting at 10:25 a.m.
11:00 a.m., Restorium Administrator Karlene Magee joined the meeting to give an update on Restorium matters.
Ms. Magee said the Restorium now has 25 residents and there have been a lot of inquiries. Ms. Magee said she might need more employees for the memory care side as you cannot leave that side unattended. The graveyard shift is where additional employees are needed and Ms. Magee and Commissioners discussed a possible room rate increase for new incoming memory care residents.
Ms. Magee and Commissioners briefly reviewed resident accounts that have been uncollectible.
The meeting with Ms. Magee ended at 11:16 a.m.
11:20 a.m., Sheriff’s Office Detective/Marine Deputy Caleb Watts dropped off grant application paperwork and informed Commissioners of furnace issues at the Waterways Building.
Detective/Deputy Watts left the meeting.
Commissioners recessed for lunch at 11:50 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report.
Ms. Nelson and Mr. Morris said they didn’t have any bids or quotes for a cab and chassis so if the quote they have will work, they’ll just strip the MAC down, but they will see if they can piggyback or go out to bid for just a cab and chassis.
No new information has been received about the Alta Mill siding project or Union Pacific Railroad regarding the guardrail project.
Ms. Nelson said she’s waiting to hear back from County Attorney Tevis Hull about Findings and Decisions for Variance Applications #8-2021 and #1-2022.
Ms. Nelson and Mr. Morris asked Commissioners about use of the overtime budget. Ms. Nelson asked if Road and Bridge crew ended up working a couple odd storms and they wanted overtime as opposed to compensatory time, could they have it. Commissioners didn’t have a problem with that.
Mr. Morris mentioned logging on Ruby Creek Road above the fourth bridge. Mr. Morris said a dozer was driven down the hillside to the county road and it cut a gouge out of the bank and shoved debris to the other side of the road within 20 feet of the creek. Mr. Morris said Attorney Hull informed him that he feels this is a safety hazard and Idaho Department of Lands needs to take a look at this. Commissioner Bertling said that creek is a Class 1 stream.
Ms. Nelson mentioned her discussion with the county civil attorney involving Labrosse Hill Road and easements. Ms. Nelson will contact the landowners involved and ask if they will deed some kind of easement to the county just for maintenance purposes.
Ms. Nelson said she let Attorney Hull know what is going on about cattle signs and open range. Road and Bridge received a phone call about two weeks ago that a cow was hit and left by the highway in order to make a statement.
Those present discussed recorded easements and approach locations. Ms. Nelson said just because someone has a recorded easement doesn’t mean they have an approved approach location. A county resident was allowed an address for 911 purposes, but there is not an approved approach location as it had been denied. Ms. Nelson said she explained to this property owner that there is the ability to go through the variance process and they were happy to hear that.
Commissioners and Ms. Nelson discussed an addressing matter for a residence off of District Two Road. Ms. Nelson explained to Commissioners the details that will require a new road name to be established as opposed to just establishing a house number off of District Two Road. Chairman Dinning said there should be the ability to appeal a decision to Commissioners.
Ms. Nelson spoke of various issues associated with new addresses.
Ms. Nelson informed Commissioners that the Riverside Road Improvement Project will consist of utility work in year 2022 and the project will be done in year 2023.
The last three miles of Deep Creek Loop should be paved this year and the area beneath the railroad bridge will have to be milled down.
The meeting with Mr. Morris and Ms. Nelson ended at 2:31 p.m.
Commissioner Cossairt moved to grant an extension of time to pay year 2021 taxes for parcel #MH61N02E043910A and to accept the tax amount due by April 1, 2022. Commissioner Bertling second. Motion passed unanimously.
3:00 p.m., Commissioners participated in the Idaho Association of Counties legislative Zoom call for District 1. The call ended at 3:50 p.m.
4:00 p.m., There being no further business, the meeting recessed until Friday, February 25, 2022, at 2:30 p.m.
***Friday, February 25, 2022, at 2:30 p.m., Commissioners met in special session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
2:30 p.m., Commissioners met with the following people to discuss matters pertaining to the county’s contracted public defenders for court cases: Judge Barbara Buchanan, Judge Justin Julian, North Idaho Court Appointed Special Advocate (CASA) Representative Kelly Bell, County Public Defenders Linda Payne and Bruce Greene, County Civil Attorney/Chief Deputy Prosecutor Tevis Hull, Prosecutor Andrakay Pluid, and Lead Court Clerk Della Armstrong.
Bonners Ferry Herald/Bonner County Daily Bee Reporter Emily Bonsant and county resident Marty Martinez were also present.
Chairman Dinning said Boundary County has a vacancy for one public defender position and the two remaining public defenders will split the cases of the attorney who has moved on.
Judge Buchanan spoke of needing to set further hearings and if Attorney Payne and Attorney Greene could help out and split the cases.
Prosecutor Pluid explained that constitutionally, the county is responsible to provide legal representation to indigent persons. Prosecutor Pluid listed issues pertaining to conflict cases, discussing the need for three public defenders in Boundary County and she said that we have an emergency now, but we will have an even bigger issues later this year.
Attorney Payne said you can’t hire a first-year law student and think they can handle murder cases, etc.
Attorney Hull spoke of having worked with inexperienced attorneys in criminal cases.
Chairman Dinning questioned what to do to remedy the situation now when the county cannot find an experienced attorney who wants to do the job. Attorney Payne said that is where the Public Defense Commission should come in. Attorney Payne stated that the public defenders don’t receive travel pay and the compensation is minimal so nobody wants to travel. Attorney Payne said the Public Defense Commission should have ideas and she briefly commented about Chairman Dinning’s statement where he mentioned he’s going to contact Bonner County to discuss working together and share public defenders.
Judge Julian spoke of talking with Bonner County’s Public Defender Office and how they were open to the idea if Bonner County agrees to move in that direction. Chairman Dinning said he doesn’t think that partnership will occur as quickly as Boundary County needs it to.
Attorney Greene said he is hoping to retire this summer and he will be out of his office in two months. Attorney Greene mentioned that he still has a contract with Bonner County.
Those present discussed contracting for conflict work if it gets to that point.
Attorney Hull spoke of using local attorneys, but he doesn’t know how much criminal case experience they have. There are not a lot of resources in Boundary County if judges are having to appoint attorneys.
Those present discussed rates of pay for public defenders.
Judge Julian said another option is to hire one public defender to work as an actual county employee and still have two other contracted public defenders.
Attorney Hull ended this call.
Attorney Greene spoke of matters pertaining to mediation.
The meeting to discuss public defender coverage ended at 3:06 p.m.
There being no further business, the meeting adjourned at 3:06 p.m.
______________________________________
DAN R. DINNING, Chairman
ATTEST:
__________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk