***Monday, January 11, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner Walt Kirby was also present for the swearing-in ceremony.
Judge Justin Julian administered the oath of office to newly elected Prosecutor Andrakay Pluid.
Clerk Glenda Poston administered the oath of office to Sheriff Dave Kramer, Commissioner Wally Cossairt and newly elected Commissioner Tim Bertling.
Commissioner Walt Kirby said a few words about his time working for the county.
Commissioners returned to their chambers.
Chairman Dinning stated for the record that their meeting agenda had not appeared online for some reason, but it can be found online now. Chairman Dinning commented for anyone who may be listening to the meeting via conference call that the elected officials had just been sworn into office and that Commissioners needed to appoint a chairman.
Commissioner Cossairt moved to appoint Commissioner Dan Dinning Chairman of the Board of Boundary County Commissioners. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt the existing Commissioner meeting schedule as has been set by ordinance. Commissioner Bertling second. Motion passed unanimously.
Chairman Dinning said Commissioners might need to discuss with County Civil Attorney Tevis Hull the right-of-way documents regarding the armory property that he received from Yvonne Dingman with the Idaho Transportation Department.
Commissioners tended to administrative duties until their next meeting at 9:30 a.m.
Commissioner Cossairt moved to approve Commissioners’ meeting minutes for the weeks of December 14, 2020, December 21, 2020, December 28m 2020 and January 4, 2021. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to cancel taxes for year 2020 in the amount of $3.18 and late fees in the amount of $.03 for a total of $3.21 for parcel #MH63N01E23843AA as the mobile home was destroyed and should not have been taxed. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign Certificates of Residency for Tara Richards, Margaret Weaver, Leah Moellmer, and Isaac Wilson. Commissioner Bertling second. Motion passed unanimously.
Attorney Hull joined the meeting at 9:45 a.m.
Attorney Hull mentioned working on verbiage in a hangar lease for All Sports Aviation. The lessee is coming to the county saying they want this hangar for commercial purposes and to rent out the hangar to aircraft coming in for shorter periods of time. Attorney Hull said he created a subsection in the lease agreement that recognizes the ability to rent the hangar, but it wouldn’t constitute a sublease as that is the nature of that business. Attorney Hull added that he did insert specific information in the lease because due to Federal Aviation Administration (FAA) requirements, the lessee does have to report specific information to the airport manager regarding the aircraft that is using the hangar as a temporary rental so he included that statement, but left other statements in the lease. If they’re the lessee of the hangar, but they plan on leasing or renting the hangar, they still have management responsibilities. If they sublease, it requires approval of Commissioners and that is management responsibilities for the entire hangar. In Section 6.06 of the lease, it recognizes the nature of the business and they just have to provide certain information to the airport manager as required by the FAA.
Attorney Hull said he’s looking for a copy of the fixed base operator agreement in Word format so he can update it.
Attorney Hull mentioned working with Road and Bridge Department Co-Superintendent Renee Nelson on the Riverside Road improvement project.
Chairman Dinning asked Attorney Hull about the Idaho Transportation Department (ITD) agreement regarding some of the armory property. Attorney Hull said this is mixing apples and oranges. The state wants to purchase one-quarter acre of the armory property and then they want three access points for encroachment, so they’re paying for one-quarter acre, plus encroachments. Chairman Dinning said the county is to receive those encroachments back when ITD is done with their project. The documents are titled as a right-of-way contract, but that is not what the document is, according to Attorney Hull. Attorney Hull said this is similar to a purchase and sale agreement for the land and he understands this is for the need to temporary access the property during their project and that this access would no longer be needed after the project is done.
Attorney Hull and Commissioners briefly discussed a proposed memorandum of understanding regarding the Prosecutor’s Office in relation to working on city cases. Attorney Hull stated that the Prosecutor’s Office is statutorily a part-time position.
Chairman Dinning said if COVID-19 vaccines become available, it’s not mandatory that employees get the vaccine, but if an employee chooses not to get the vaccine and then they contract COVID-19, does the county have the ability to put in place a policy that the sick time off work is deducted from the employee’s own sick time. Attorney Hull said for clarity, that the county has a policy that said if a person contracts COVID-19 and gets tested and it’s reported through human resources, the county has been covering it. If the county then says they’re not making the vaccine mandatory, but if an employee gets the vaccine and then gets COVID-19, the county will pay for that time off and if the employee doesn’t get the vaccine and gets COVID-19, the county won’t cover the time off. Attorney Hull said that’s putting the county in a position making a vaccine mandatory and penalizing the employee for not getting the vaccine. Commissioners should revisit this discussion and say this is the policy for the next six months, etc. Clerk Poston suggested the policy state it will sunset on a certain day. Clerk Poston commented that her office is struggling terribly in trying to decipher time sheets for payroll and she explained a particular scenario. Chairman Dinning said we didn’t know what documentation would be needed for Commissioners. If an employee was covering a shift for another sick employee, they were asked to call those COVID-19 hours, etc. Clerk Poston said if someone is off work due to COVID-19, there is a different work compensatory classification. It’s very helter-skelter right now and it’s difficult. Attorney Hull asked if there can be a written policy with regard to what the county’s policy is going forward for reporting purposes. If someone gets sick and does not get tested for COVID-19, the time off of work would come off their accrued sick leave. Chairman Dinning said we’re just going down the road and will need to adjust things as we go.
Commissioner Cossairt moved to sign the Idaho Transportation Agreement and Temporary Sale Agreements for the armory parking lot once Commissioners get the final approval from the County Civil Attorney. Commissioner Bertling second. Motion passed unanimously.
Attorney Hull said he did talk to another attorney in a different county about borrowing from that county’s landfill closure account. This incident took place in year 2012, and this county stopped issuing loans through their departments. Attorney Hull explained this other county pulled funds from their landfill fund to put those funds in the general fund and that created such a nightmare that they didn’t do inter-county loans since 2012.
Attorney Hull left the meeting at 10:20 a.m.
Commissioner Bertling moved to adopt Resolution 2021-5. A resolution increasing fiscal year 2020-2021 current expense election budget due to receipt of unanticipated revenue in the amount of $30,922.65. Commissioner Cossairt second. Motion passed unanimously. Resolution 2021-5 reads as follows:
Resolution 2021-5
Increasing Fiscal Year 2020-2021 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 Current Expense Election Fund for fiscal year 2020-2021, and
WHEREAS, $30,922.65 has been received from the State of Idaho Secretary of State from a Help Americans Vote Act (HAVA)/COVID Grant as reimbursement for election expenses, and
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to increase the Fiscal Year 2020-2021 Current Expense Election Budget for that purpose, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the fiscal year 2020-2021 Current Expense Election Budget revenue account number 0001-00-0337-0009 and Current Expense Election Budget expense account number 01-04-705-17, County – Miscellaneous Costs, in the amount of $30,922.65, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the increase to the fiscal year 2020-2021 Current Expense Election Budget revenue account number 0001-00-0337-0009 and Current Expense Election Budget expense account number 01-04-705-17, County – Miscellaneous Costs, in the amount of $30,922.65, 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 11th day of January 2021
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 #285091
Commissioner Cossairt moved to sign the amended Contract for Public Defender Services with Bruce Greene. Commissioner Bertling second. Motion passed unanimously.
Chairman Dinning explained to Commissioners that the motion regarding the bill of sale and assignment of ground lease for Hangar B-1 is just a matter of housekeeping as certain documents had been overlooked when it came to signing them.
Commissioner Cossairt moved to sign the Bill of Sale and Assignment of Ground Lease for Hangar B-1. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Request for Reimbursement #8 (Final) for Airport Improvement Project #3-16-004-016-2019 for a total amount requested of $8,928.37 from the Federal Aviation Administration and $577.51 from the State of Idaho. Commissioner Bertling second. Motion passed unanimously.
Chairman Dinning stated that there is a vacancy on the Panhandle Health District Board so Commissioners need to declare a vacancy and appoint a new member and an alternate.
Commissioner Cossairt moved to declare a vacancy for a Boundary County representative on the Panhandle Health District Board of Health. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Commissioner Tim Bertling as Boundary County’s representative on the Panhandle Health District Board of Health and Commissioner Wally Cossairt as an Alternate. Commissioner Bertling second. Motion passed unanimously.
Commissioner Bertling moved to appoint Commissioner Cossairt as the county representative to the Boundary Community Hospital Board of Trustees. Commissioner Cossairt second. Motion passed unanimously.
Chairman Dinning clarified to Commissioners that the agreement with Hancock Forest Management is an agreement pertaining to snowmobile grooming, similar the agreement with Stimson Lumber Special Use Permit.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 66,032.54
Road & Bridge 302,969.68
Airport 4,155.24
District Court 2,603.49
Fair, County 53,500.00
Justice Fund 32,769.36
911 Funds 15,547.49
Health District 13,826.75
Historical Society & Museum 29,000.00
Hospital, Operation 150,000.00
Indigent & Charity 27,159.84
Junior College Tuition 500.00
Parks and Recreation 3,381.68
Solid Waste 7,986.51
Tort 87,369.80
Veterans Memorial 133.34
Weeds 78.97
Restorium 19,255.79
Waterways 636.86
Grant, Airport 116,206.51
Grant, Selkirk Coop Weed Mgmt 13,325.78
Broadband Grant 831,488.39
Grants, Fire Mitigation 19,167.86
TOTAL $1,797,095.88
Trusts
Driver’s License Trust 8,776.50
Interlock Device Fund 29.00
Indigent Reimbursements 12,623.39
Motor Vehicle Trust 424,143.92
Sheriff’s Trust Fund 163.50
Odyssey Court Trust Account 15,435.40
Odyssey Bond Trust Account 70.00
Odyssey Restitution Trust Acct 1,051.25
TOTAL $462,292.96
GRAND TOTAL $1,259,388.84
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2020-2021).
The Restorium report set for 10:30 a.m., was rescheduled to 1:30 p.m.
11:00 a.m., Kootenai Valley Resource Initiative (KVRI) Facilitator Rhonda Vogl joined the meeting via conference call.
Ms. Vogl commented that the next Kootenai Valley Resource Initiative (KVRI) meeting is on January 25, 2021 and it will be a Zoom meeting. At this meeting will be a presentation from the United States Fish and Wildlife Service. Ms. Vogl stated that KVRI needed to send a comment letter for the Forest Service regarding the Westside Restoration project. The comment period for this project had a deadline of January 4th, so it’s late getting in this letter signed. The letter is generic and doesn’t point out specifics.
Commissioner Cossairt moved to authorize Chairman Dinning to sign the letter of comment for the Westside Restoration project on behalf of the Kootenai Valley Resource Initiative. Commissioner Bertling second. Motion passed unanimously.
The call from Ms. Vogl ended at 11:06 a.m.
Chairman Dinning stated for the record that Boundary County has received the buyback funds totaling $185,000.00 from Western States CAT for the grader for the Road and Bridge Department.
Commissioner Cossairt moved to sign the Temporary Access Agreement with Hancock Forest Management for grooming of snowmobile trails. Commissioner Bertling second. Motion passed unanimously.
11:30 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting via conference call to give the department report. A written report was provided. It was said that Road and Bridge is salting and sanding the roads. A lot of roads are bare and a few are looking like spring breakup so Road and Bridge is keeping an eye on those roads.
Ms. Nelson said she’s had a few different requests for variances and the public hearing notices are sent to the Bonners Ferry Herald. The invoices from the Bonners Ferry Herald will come to Commissioners’ Office, but it was questioned who pays that invoice. Chairman Dinning mentioned that in the fee Road and Bridge collects for the variance, it also includes newspaper publication costs so Road and Bridge would cover the invoice using the fee that is collected.
Ms. Nelson said there is a parking lot off of Kootenai Trail Road for the Section 16 trails and 9B Trails would like to know if Road and Bridge would be able to plow the parking lot from time to time if we were to get a big snow storm, knowing that it’s not a big priority. Chairman Dinning said Commissioners entered into an agreement with the Idaho Department of Lands, but his concern is that the county would be doing this work for a private organization and the county hasn’t done that before. It’s in essence extending credit to a non-governmental entity. The county has a memorandum of understanding and 9B Trails has an agreement with the county so we may have the authority to plow, but he needs to check on that. Mr. Morris said it wouldn’t take much to plow that parking lot.
Ms. Nelson informed Commissioners that the Riverside Road project has a temporary construction easement and actual right-of-way purchases and work is taking place to get the packets of information together. Ms. Nelson said an authorized Road and Bridge representative is needed to sign the documents in addition to Commissioners needing to sign them. For the Waiver of Evaluation for temporary construction easement, those documents need to be reviewed by the landowners and for a certain cost, the landowner will let the county use their property or work in the actual right-of-way. The waiver has to be signed by the county before it goes to the landowner. Chairman Dinning said County Civil Attorney Tevis Hull will review the documents. Ms. Nelson said with this temporary construction and right-of-way purchase, it seems like they’re missing communication with Federal Highways so she contacted the Local Highway Technical Assistance Council (LHTAC) to ask if there is any way they can help her in reviewing what she should be looking over and help with matters involving landowners as rights of entry are different than right-of-way purchases. One of LHTAC’s employees who works on Federal Highway projects is go contact her to go over documents and help with negotiations. Ms. Nelson updated Commissioner Bertling on the role of the LHTAC.
Ms. Nelson commented that she has a conference call this Wednesday regarding the Riverside Road Improvement project and she is still working through some of the utility issues with the City of Bonners Ferry.
Ms. Nelson said the buyback funds from Western States CAT came in for the grader.
Commissioner Cossairt moved to authorize payment to John Deere for a 2021 John Deere 772G motor grader, which is the down payment and first year’s annual payment. Commissioner Bertling second. Motion passed unanimously.
The call to Ms. Nelson and Mr. Morris ended at 11:44 a.m.
11:48 a.m., Chief Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Cossairt moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Bertling second. Motion passed unanimously. The closed session ended at 11:49 a.m.
Commissioner Cossairt moved to sign the Certificate of Denial for indigent case #2021-4. Commissioner Bertling second. Motion passed unanimously.
Chief Deputy Clerk Ryals left the meeting at 11:50 a.m.
Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning Application #20-149, for a lot line adjustment requested by Applicant James Poulton. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the final plat for Amended Lot 4A of the amended plat of lots 4 & 13 of North Ridge Estates 1st Addition. The driveway approach will need to be completed and then approved by Road and Bridge. Commissioner Bertling second. Motion passed unanimously.
Commissioners recess for lunch at 11:57 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., Assistant Restorium Administrator Diana Lane joined the meeting via conference call to update Commissioners on Restorium matters.
Ms. Lane reported that the Restorium currently has 29 residents. Chairman Dinning informed Ms. Lane that the Clerk has masks available for the Restorium. Ms. Lane informed Commissioners that she spoke with the county’s outside auditor Leonard Schulte this morning about information he was seeking and she had taken the books to him last Friday.
Those present discussed the process of accepting new residents and Ms. Lane said the Restorium can accept a new resident as long as the resident is willing to isolate for 14 days, have a COVID-19 test prior to coming in to the Restorium, then have a swab test every Monday, etc. Under those conditions we’re still accepting residents, according to Ms. Lane. There are people on the waiting list to get into the Restorium, but three out of five of them have tested positive for COVID-19 and were also on the hospice list. Ms. Lane commented that they will go down the waiting list they have. Chairman Dinning said as far as COVID-19, when the Restorium gets the vaccine, they will probably still need to test for COVID-19.
The call with Ms. Lane ended at 1:40 p.m.
There being no further business, the meeting adjourned at 2:00 p.m.
______________________________________
DAN R. DINNING, Chairman
ATTEST:
____________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk