***Monday, March 08, 2021, 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.
9:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. Mr. Morris presented a written report.
Those present questioned the request from the Waterways Board to move a large rock from an area at Solomon Lake when weather permits. Commissioners suggested Ms. Nelson have the Waterways Board contact the Forest Service as that might be their jurisdiction. Ms. Nelson said she would make that suggestion to the Waterways Board.
Ms. Nelson said Road and Bridge did get the build slot for the new Western Star truck since they submitted the paperwork so now she’s working on the credit application in order to get the finance interest rate from Freightliner Northwest. Those present questioned a motion made by Commissioners in their meeting last week about financing and Chairman Dinning explained that was to lock in rates with Columbia Bank if that is who the county decided to finance through. Once the credit application is received from Freightliner Northwest Commissioners can make a decision on financing.
Ms. Nelson said she has information on a piggy back bid offer from Western States Equipment for two 2021 all-wheel drive graders. Attorney Hull has approved the piggy back bid documents, but not the finance documents just yet. Ms. Nelson reminded Commissioners of the pay for use arrangements for two other graders. Ms. Nelson explained that financing for the two new graders would be staggered as one current grader will be returned on April 2nd and the second grader will be returned June 11th of this year. These new graders are associated with a piggyback bid based out of Bonner County. The buyback amount is $197,000.00 after five years. The cost is $23,000.00 per year. The other benefit is that there are two of them. Ms. Nelson said one grader is on a five year program starting in April and the second grader would be used in June when the grader on the pay per use agreement is returned so Road and Bridge will get a new grader from June to October with no payment until October 1, 2021. Instead of having to rent a grader, Road and Bridge won’t have to make payments for four months. Commissioners asked about budget and it was said when budgeted, it was intended to use equity. Ms. Nelson said part of the grader is budgeted, but she might be $10,000.00 short for the one pay per use payment. Ms. Nelson said she understands the budget matter and if Road and Bridge needs to hold back in another line item, she and Mr. Morris are agreeable to that. The new payment would start October 15th. Commissioner Cossairt and Commissioner Bertling were in favor of this.
Chairman Dinning informed Ms. Nelson and Mr. Morris that it appears there may be more funding from the Local Highway Technical Assistance Council (LHTAC) and there also may be another pot of funds that is not in LHTAC’s hands that will be available. The State of Idaho may use incoming funds for a GARVEE bond and each county would have its own amount and counties would need to apply to the state for funds.
Ms. Nelson commented that Road and Bridge is doing some brushing on Mountain Meadows Road. One landowner along this road has asked for the wood, but the county cannot authorize that. Ms. Nelson said the county does have 60 feet of deeded right-of-way for Mountain Meadows Road and one of the landowners thought it was 50 feet so Road and Bridge will need to contact that particular landowner.
Commissioners asked the status of amending a legal description for an easement in Moyie Springs and Ms. Nelson said last she heard the city attorneys were going to be talking to each other about that easement.
Those present discussed receiving notice of a Planning and Zoning Commission public hearing for a variance filed by Garvin Williams as it pertains to the concrete slab he poured too close to the county road.
Chairman Dinning left the meeting due to a conflict of interest pertaining to the next discussion.
Commissioner Bertling and Commissioner Cossairt discussed the request made by Rick Dinning for the abandonment or vacation of an old road off of Stellar Jay Road. Commissioners stated that they’re choosing not to pursue abandonment of this access at this time.
Chairman Dinning returned to the meeting.
Commissioner Cossairt mentioned receiving information that a weight limit sign was placed in such a location on another sign that it’s not getting noticed by drivers on McArthur Lake Road. Commissioner Cossairt added that he’s surprised how well that road is doing right now.
Commissioner Bertling moved to approve the piggy back bid offer through Bonner County for two year 2021 140 all-wheel drive graders and to sign any related documents. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Ms. Nelson and Mr. Morris ended at 9:29 a.m.
County Civil Attorney Tevis Hull joined the meeting via conference call at 9:30 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. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 9:37 a.m. No action was taken.
Attorney Hull mentioned to Commissioners that he’s working on the Findings and Decision verbiage for Rebecca Henslee and Judy Dirks, and he’s still working on information pertaining to borrowing from the landfill closure account for a landfill purchase.
Commissioners and Attorney Hull discussed doing away with Commissioners’ conference call number soon. Commissioners stated that they could host meetings elsewhere if more people show up than their office can hold.
Commissioners and Attorney Hull talked about how they think the meeting with the title companies will go. Most parcels have been created prior to Ruen-Yeager & Associates, but there is nothing of record that shows the parcel was created legally. The title companies are having to go back and get a deed from two owners ago if there was a split to show the current owner that the split met the ordinance at that time. This is creating a lot of time spent on the Planning and Zoning side and maybe if the title companies understood what documentation Planning and Zoning needs, they would start providing Planning and Zoning files with deeds and the chains to make the process a lot easier.
Commissioners and Attorney Hull clarified that Commissioners need to notify the landowners on Tamarack Drive about a public meeting they would like to have to receive comments about removing specific trees in that area and move forward in the process that way. Commissioners should also check with the City of Bonners Ferry about existing waterlines, etc. Chairman Dinning said he doesn’t know if what Matt Philbrook is proposing to build in that area is going to require more lines, etc., and Commissioners don’t want the road being dug up two or three different times to do that work. Chairman Dinning said from what he understands, where the road turns to the end of the road is not the city’s. Rather than dig up this road a few times, Commissioners would prefer getting to the point where it doesn’t need to be dug up again. It was suggested that Commissioners contact Lisa Ailport with the City of Bonners Ferry about possible existing utilities.
Chairman Dinning left the meeting at 9:50 a.m., for Commissioner Bertling and Commissioner Cossairt to speak to Attorney Hull about the request for abandonment of a county road near Stellar Jay Road. Commissioner Bertling said he and Commissioner Cossairt have decided not to pursue abandonment.
The call to Attorney Hull ended at 9:51 a.m.
Commissioner Cossairt moved to adopt Resolution 2021-8. A resolution authorizing the disposition of records of the Boundary County Assessor’s Motor Vehicle Licensing Office. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-8 reads as follows:
RESOLUTION 2021-8
A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY ASSESSOR’S MOTOR VEHICLE LICENSING OFFICE
WHEREAS, the Boundary County Assessor’s Office is currently storing old records of Boundary County; and
WHEREAS, due to lack of storage space, the Boundary County Assessor’s Office has requested permission to dispose of old records; and
WHEREAS, the Boundary County Prosecuting Attorney’s Office has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed temporary by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and temporary records must be kept for a minimum of two years. The following records are to be shredded:
Temporary:
End of month reports 2016 through 2018
Cleared Payport reports 2016 through 2018
Registration receipts 2018
Regularly passed and approved on this .
COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/________________________
DAN DINNING, Chairman
s/________________________
WALLY COSSAIRT, Commissioner
s/________________________
TIM BERTLING, Commissioner
Reviewed by and on advice of Prosecuting Attorney this .
s/__________________________
Andrakay Pluid
Prosecuting Attorney
ATTEST:
s/__________________________________________________
GLENDA POSTON, Clerk of the Board of County Commissioners
Recorded as instrument #285893
Commissioner Cossairt moved to approve and sign the Findings and Decision for Planning and Zoning Application 20-146 for a short plat rural subdivision filed by Dayton and Judy Skrivseth. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the Federal Aviation Administration Single Audit Certification Form for the Boundary County Airport. Commissioner Bertling second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 83,145.83
Road & Bridge 81,620.86
Airport 4,114.30
District Court 9,182.66
Justice Fund 81,241.57
911 Funds 4,045.92
Indigent & Charity 13,542.04
Parks and Recreation 5,171.35
Reval 2,304.81
Solid Waste 112,160.74
Veterans Memorial 284.00
Weeds 2,176.40
Restorium 55,377.67
Waterways 2,634.53
Grant, Airport 53,759.27
Grant, Boat Safety 79.63
TOTAL $510,841.58
Trusts
Boundary Co. Drug Court Trust 204.58
Driver’s License Trust 8,038.50
Motor Vehicle Trust 163,925.55
Workmans Comp Trust 84.91
Sheriff’s Trust Fund 384.10
Drug Forfeiture Trust Fund 1,993.00
Odyssey Court Trust Account 18,558.20
Odyssey Bond Trust Account 248.00
TOTAL $193,436.84
GRAND TOTAL $704,278.42
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2020-2021).
Treasurer Sue Larson joined the meeting at 10:00 a.m.
Commissioners asked Treasurer Larson about the request for an extension of year 2017 taxes. Treasurer Larson said the property owner was delinquent for their year 2017 taxes, which initiates the process for tax deeding. The property owner is requesting an extension of time and they will make payments of $300.00 per month. Treasurer Larson explained that the property owner has sold their motorcycle and $300.00 is the amount the buyer is paying the property owner monthly so that is what the property owner will pay the county until the total is paid in full.
Commissioner Cossairt moved to grant an extension of time and to accept payments of $300 per month until the tax amount is paid in full on parcel #RP64N01E068411A and to give the property owner until March 12, 2021 to make the first payment. Commissioner Bertling second. Motion passed unanimously.
Treasurer Larson left the meeting at 10:03 a.m.
Commissioners tended to administrative duties.
10:25 a.m., North Bench Fire Association Board member Fred Nystrom, Chief Gus Jackson and North Bench Legal Representation Jack Douglas joined the meeting.
Mr. Nystrom said the reason for meeting is that North Bench Fire Association is trying to purchase property for their station. A long time ago the Federal Aviation Administration (FAA) did not have the same rules and regulations for the airport so an agreement was made between Commissioners and North Bench Fire Association to permit the fire association to build a fire station on the property and operate out of it. The FAA representative out of Seattle at the time did not want the fire association to purchase this property and this has been an issue for a while now. Mr. Nystrom said he doesn’t like the idea of getting kicked off the property at any time and this property is set up perfectly for the fire department. Mr. Nystrom said this is not an area of the airport that has been utilized and he can’t see it ever being utilized. Mr. Nystrom added that he attended a meeting with the Airport Board about this, but this is county property that is overruled by the FAA. Mr. Nystrom mentioned getting contact information for FAA representative Gary Gates out of the Helena, Montana Office so they contacted Mr. Gates to explain the dilemma to him and state that they would like to purchase the property. Mr. Gates had replied that trying to purchase property at an airport is hard to do, but it’s not impossible. Mr. Gates had suggested starting off by getting a letter from the County Commissioners and to forward that letter to the FAA requesting the offer of property for sale to North Bench Fire Association. Mr. Nystrom commented that North Bench has looked at other parcels and the Airport Board commented that there was another piece of county property, Laverne and Evelyn Dinning’s former property, they said North Bench Fire Association could purchase so why couldn’t North Bench purchase the property they’re already on. Mr. Nystrom said the former Dinning property is a little sliver, but it falls under the guidelines of the airport approach so it has limitations. North Bench could build on the far back side of the property, but then they would have a long driveway. Chief Jackson said there had once been an agreement between North Bench Fire Association and Boundary County, but it had expired due to conditions set by the FAA according to what former Commissioner Walt Kirby had told them.
Chairman Dinning said we need to secure some agreement for the property where North Bench is located currently, whether it’s a long term lease in which the county doesn’t charge anything, but we would need to know the size of the parcel for the FAA. Chief Jackson said the width is 126 feet and the length is 519 feet and it goes back to the fence line to the road inside the airport. Chief Jackson mentioned they would plan to continue the fence line from where it ends at Iron Mike’s Gym.
Mr. Nystrom said as far as a lease, the problem with a lease is North Bench wouldn’t be able to expand the building. The North Bench area is exploding with growth, which requires more fire equipment, etc., and eventually they will need more space in order to garage their rolling stock, but a lease might not allow for upgrades and expansion. It was asked if 120 feet is wide enough to get a road behind the station. Chief Jackson said they would transition the station from facing north to facing west and they would share a common driveway with Mr. Davis, which won’t be hard. Commissioner Bertling asked if Chief Jackson talked to Mr. Davis about sharing the driveway and Chief Jackson said yes. Chief Jackson added that he would like access from the bus route as secondary access; not as the primary access.
Chairman Dinning said the next step is looking at renewing some form of a document and the second is to approach the FAA. Commissioner Bertling said absolutely. Mr. Nystrom said he attended the Airport Board meeting with high hopes and North Bench wanted to get the Airport Board’s feeling about it and when it got down to it, one Airport Board member said the FAA would absolutely not be in favor of the property purchase and they weren’t going to take the time to talk with the FAA representative. Commissioners will need to talk with the Airport Board about going forward. Chief Jackson said North Bench could have two dedicated bays for the airport and they could have a gate at the fence for access to airport when needed.
Chief Jackson explained the fire association’s boundaries. It was said that last year North Bench had 1,400 memberships and this year they have 1,600, but realtors are not telling property buyers that they don’t have membership for fire service automatically and that the costs associated with a response will be on their insurance if they don’t sign up for a membership.
Chairman Dinning said Commissioners understand the benefit to the community, but sometimes other people don’t. Commissioner Bertling said it’s both a tax benefit and a protection benefit.
Chairman Dinning said the county can only dispose of county property by having it appraised, then Commissioners have to hold a public auction unless they offer the property to another taxing entity so Commissioners will have to investigate that. It was stated that North Bench is not another political subdivision.
The meeting with Mr. Nystrom, Chief Jackson and Attorney Douglas ended at 10:55 a.m.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, March 9, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners met at the County Annex for the purpose of holding a workshop with various county departments and the local title companies to discuss addressing, Planning and Zoning processes and to seek information from the title companies on these processes.
Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, County Civil Attorney Tevis Hull, Darius Ruen, Clare Marley and Janelle Allen with Ruen-Yeager & Associates; Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, County Addressing Coordinator Trevor Kempton, County GIS Mapper Olivia Drake, Sharlene Delaney and Teresa Robertson with Boundary Abstract, and Kendra Verzier and Lisa Holmes with Community Title Company.
Chairman Dinning asked for comments from those present representing the title companies. Ms. Robertson replied that it would be nice to know what a landowner needs in order to receive a new address. Chairman Dinning and Ms. Marley both explained the county’s process in determining if a property had been created legally. Those present discussed that when letting a property owner know what documentation is needed, that information can get lost in translation or misinterpreted when the property owner relays that information to the title company and/or Planning and Zoning. Ms. Holmes asked about issues with addressing in relation to easements. Ms. Nelson explained plats, subdivisions, etc., and she explained that Road and Bridge doesn’t necessarily have the records from the Recorder’s Office. Ms. Holmes commented on the inability of various county offices to have access of each office’s records. Attorney Hull spoke about legal access and situations when information on a legal access is not available. Attorney Hull also spoke of the professional background of Ruen-Yeager & Associates. Ms. Delaney discussed properties with approaches off of a county road in relation to assigning addresses. Mr. Nelson explained the new variance section in the Road Standards Ordinance and also spoke of issues when an address is assigned, but afterwards the landowner creates their approach in a location that doesn’t match the address that was assigned. Attorney Hull mentioned the benefit of creating a check list in order to keep track of what documentation is still needed.
It was said it would be good to hold another meeting or class for realtors to help explain processes in relation to title and escrow related work and county processes. Chairman Dinning said Commissioners discovered they have a need for a county planner, separate from a Planning and Zoning Office Administrator.
The meeting ended at 10:25 a.m.
Commissioners recessed until their next meeting at 11:00 a.m.
11:00 a.m., Boundary County Emergency Manager Andrew O’Neel met with Commissioners to discuss the Emergency Management Performance Grant (EMPG) COVID-19 Supplemental and commitment letter.
Mr. O’Neel discussed speaking with Clerk Poston last week to calculate the expenditure by the county for his salary and benefits as it pertains to the performance period of the grant, which is the February 1, 2020 to February 2021. Mr. O’Neel commented that he’s expecting his time spent on COVID-19 to decrease. This is a grant in which the county contributes 50% so out of $24,084.00, the county’s portion is $12,042.00. The county can only request salary and benefits for this position; not equipment, travel or training. Mr. O’Neel mentioned that he spoke to Idaho Office of Emergency Management Local Area Field Officer Jay Baker who helped him review the figures and fill out some of the information.
Commissioner Cossairt moved to sign the 2020 Emergency Management Program Grant (EMPG) COVID-19 Supplemental Cost Share Commitment letter with a county match amount of $12,042.00. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the Idaho Office of Emergency Management 2020 Emergency Management Performance Grant (EMPG) Supplemental Application. Commissioner Bertling second. Motion passed unanimously.
The meeting with Mr. O’Neel ended at 11:11 a.m.
Commissioner Cossairt moved to adopt Resolution 2021-9. A resolution authorizing the disposition of records of Boundary County Treasurer’s Office. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-9 reads as follows:
RESOLUTION 2021-9
A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY TREASURER’S OFFICE
WHEREAS, the Boundary County Treasurer’s Office is currently storing old records of Boundary County; and
WHEREAS, due to lack of storage space, the Boundary County Treasurer’s Office has requested permission to dispose of old records; and
WHEREAS, the Boundary County Prosecuting Attorney’s Office has advise the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and permanent records must be kept for a minimum of ten years. The following records are to be disposed of in the county landfill:
Permanent:
Tax Drive Reports 2010
Assessor Abstract Reports 2010
SubRoll Tax Drive Reports 2010
Auditor Certificates 1/2010 – 12/2010
Auditor Certificate Deposits 1/2010 – 12/2010
Journal Vouchers 2/2010 – 12/2010
Journal Vouchers 10/2008 – 4/2009
Redeemed Warrants Reports 1/2010 – 12/2010
Yield Tax Reports 1/2009 – 10/2009
The following records have been deemed semi-permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and semi-permanent records must be kept for a minimum of five years. The following records are to be disposed of in the county landfill:
Semi-Permanent:
Month End Balancing reports 1/2014 – 10/2016
Daily Deposit Listings 7/2014 – 12/2015
Daily Cash Journal 11/2014 – 11/2015
Tax Anticipation Reports 10/2014 – 11/2015
Daily Purchase Agreements (CMI) 1/2014 – 9/2015
Daily Purchase Agreements (WFB) 9/2011 – 9/2014
Tax Bills Returned for Address Correction 2013 – 2015
MTG Company Duplicate Receipts/Correspondence 2013 – 2014
Correspondence: General (3 year retention) 2016 – 2017
The following records have been deemed temporary by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and permanent records must be kept for a minimum of ten years. The following records are to be disposed of in the county landfill
Temporary:
Bank List Daily Redeemed Warrants 2018
Regularly passed and approved on this 9th day of March 2021.
COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/___________________________
DAN DINNING, Chairman
s/___________________________
WALLY COSSAIRT, Commissioner
s/___________________________
TIM BERTLING, Commissioner
Reviewed by and on advice of Prosecuting Attorney this ___________________
s/____________________________
ANDRAKAY PLUID
Prosecuting Attorney
ATTEST:
s/___________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
By: Michelle Rohrwasser, Deputy
Recorded as instrument #285894
3:00 p.m., Commissioners participated in the Idaho Association of Counties (IAC) legislative Zoom conference call for District 1. Also participating in this call was IAC Executive Director Seth Grigg and various elected officials from the five northern counties. The Zoom call ended at 3:45 p.m.
There being no further business, the meetings adjourned at 3:45 p.m.
_______________________________
DAN R. DINNING, Chairman
ATTEST:
____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk