Commissioners' Meeting Minutes - Week of May 27, 2019

***Monday, May 27, 2019, at 9:00 a.m., Commissioners did not meet due to the Memorial Day Holiday.

***Tuesday, May 28, 2019, at 9:00 a.m., Commissioners met in regular session with Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office tending to other matters.

Commissioner Kirby moved to appoint Commissioner Wally Cossairt Acting Chairman in the absence of Chairman Dan Dinning. Commissioner Cossairt second. Motion passed unanimously.

Undersheriff Rich Stephens joined the meeting.

9:00 a.m., Road and Bridge Department Assistant Superintendent Renee Nelson and Foreman Randy Morris joined the meeting to give the department report. A written report was provided. Mr. Morris and Acting Chairman Cossairt discussed a request from a member of the public to put rock down in a particular area in Atkins Canyon. Mr. Morris said that area has actually just recently been rocked so that’s been taken care of. Those present discussed being notified of locations where there are really bad potholes. Ms. Nelson reviewed information on the Trout Creek Bridge. Information states a new bridge is to be 34 feet wide by 56 feet long. 34 feet equates to three sections.

The Sheriff’s Office is looking to hold an ATV course in June and they would like to use the Moyie Pit #2 as the crusher is not set up there at the moment. Undersheriff Stephens explained that there is a law requiring unlicensed drivers, such as kids, to take this course so the Sheriff’s Office is looking for a location and the gravel pit looks to have plenty of room. Clerk Poston asked if a release of liability is to be signed and Undersheriff Stephens said yes. Commissioners, Mr. Morris and Ms. Nelson did not have a problem with this use.

Undersheriff Stephens left the meeting at 9:12 a.m.

Ms. Nelson said Bonners Ferry Builders have scheduled repairs for Ruby Creek Bridge #1 for June 4 & 5, 2019, and notices will be posted and emergency services are to be notified.

Ms. Nelson said the cost to chipseal Meadow Creek Road/Moyie River Road is $18,300. This cost has been budgeted for and Ms. Nelson said once she has the proposal and it’s agreeable, she can work with County Civil Attorney Tevis Hull on drafting an independent contractor agreement. Commissioners agreed.

Those present reviewed the updated list of Road and Bridge projects that Ms. Nelson had provided. Ms. Nelson spoke of applying dust abatement to two Road and Bridge pits prior to the start of crushing.

The meeting with Ms. Nelson and Mr. Morris ended at 9:31 a.m.

County Civil Attorney Tevis Hull joined the meeting at 9:32 a.m.

Commissioner Kirby 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. Acting Chairman Cossairt yielded the chair to second. Commissioners voted as follows: Acting Chairman Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:52 a.m. No action was taken.
Commissioner Kirby moved to sign Certificates of Residency for Breanna Hodges, Kaylene Magee, Paisley Schulte, and Katelyn Hutchinson. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Commissioners tended to administrative duties.

Clerk Poston presented Commissioners with the ballots from the City of Moyie Springs’ election held on May 21, 2019, to consider a bond for the regional sewer project.

Commissioner Kirby moved to sign the Certification of Board of Canvassers for the election held for the City of Moyie Springs on May 21, 2019. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

10:00 a.m., Supervisory Court Clerk Della Armstrong joined the meeting.

Commissioner Kirby 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. Acting Chairman Cossairt yielded the chair to second. Commissioners voted as follows: Acting Chairman Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:35 a.m. No action was taken.

Supervisory Court Clerk Armstrong left the meeting.

10:35 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to discuss matters pertaining to a 200 foot buffer around the landfill in relation to a neighboring property. Also present were Pat and Lisa Murphy, Dave Winey and Francis Winey.

Mr. Skeen spoke of the landfill’s property boundary being not less than 200 feet and he read aloud the Idaho Code statute pertaining to landfill boundaries. This matter is regarding the property boundary and the neighbors to the east of the landfill. Mr. Skeen said he would like to come in 200 feet, leave the timber and log the rest.

Dave Winey said his family would like to have some sort of a buffer zone. Mr. Skeen explained that he is not able to bury garbage within 200 feet from a property line, but the county can use that area for a road, etc. Commissioner Kirby said garbage cannot be buried in that buffer, but the Wineys are probably concerned that something will occur there that will not be favorable. Commissioner Kirby said he doesn’t want to put Mr. Skeen in the position to say what the county won’t do with that buffer as it’s not certain what the county will do in the future. Right now, the Wineys will be left with a tree buffer. The county doesn’t want to set out to make the Wineys unhappy. Dave Winey asked what kind of buffer can they have or negotiate between the property lines as he’s open to listening. Acting Chairman Cossairt said Commissioners are open to suggestions. Dave Winey said the landfill is doing its best job, but he can think of better neighbors to have as it’s like a church with a saloon next door. Commissioner Kirby said history probably shows the county won’t get into that buffer zone.

Dave Winey reiterated that they’re not making a complaint. Commissioner Kirby said there can be an agreement that contains verbiage that if the landfill is going to do anything within that 200 feet buffer, Mr. Skeen has to first come talk to Commissioners about it. Dave Winey said Mr. Skeen has done a very good job and they’re not here to complain. Mr. Murphy said there is state law for the buffer, but that could change and it could become more restrictive, but you could also get a wildcard instead. Mr. Skeen said you cannot bring garbage to the property line. Commissioner Kirby said maybe the county could enter into some kind of memorandum of understanding that states if Commissioners have plans for the buffer area, they are to keep adjacent landowners apprised of what the county wants to do.

Mr. Skeen said from the 200 foot mark to the property line he doesn’t want to do anything. That is the buffer, but from that 200 foot mark to the rest of the county property, he wants to log. It was said once the county is going to do something with this 200 foot buffer, it needs to be opened back up to communication. Those present discussed the buffer being used as a place for storm water runoff or a sloping system. Acting Chairman Cossairt briefly spoke of drafting an agreement that both parties would sign. Dave Winey said to at least have some sort of acknowledge of this conversation. We want to be amicable and not have the situation be, it’s your way or the highway as he has experienced in the past. Dave Winey said he’ really not here to argue to stop anything and that he’s just putting this discussion on the record as he hadn’t done that before. Ms. Murphy said Mr. Skeen has been very good in being proactive and communicating, adding that he’s been awesome. Mr. Skeen said this conversation is now documented and it’s known what can or can’t be done within this 200 foot buffer. Garbage cannot be put within that buffer, but you can build a road, swale, etc., although that is not the intention.

The meeting to discuss landfill property boundary matters ended at 10:58 a.m.

11:00 a.m., North Bench Fire Chief Gus Jackson and North Bench Fire Department Board Chairman Fred Nystrom joined the meeting. Also present was Solid Waste Department Superintendent Claine Skeen.

Mr. Nystrom explained that the reason for meeting is that North Bench Fire Department has had to fight fires at the landfill and they would like to have a couple fire hydrants installed near there. Chief Jackson and Mr. Nystrom explained that three tenders were at the most recent fire at the landfill and they each hauled six loads of water. If there had been hydrants, those trucks wouldn’t have had to make those trips so the fire department is looking to see if the installation of hydrants is possible. Commissioner Kirby said Doug Higgins with Three Mile Water Association had attended the last discussion on this topic and Mr. Higgins commented that there would not be much water pressure at the south side where they have a water line. Chief Jackson said he wasn’t thinking of the south side as it’s only a four inch line. The west side of the property has a six inch line and that is where he and Mr. Nystrom are talking about putting a hydrant, at the southwest side corner of the landfill. The waterline runs from Moon Shadow to Hill Crest and ties in right in that area. It was said there is also no hydrant at the northwest side of the landfill property. There is a hydrant at Ponderosa and Hillcrest and that is still 1,300 feet to the landfill. There is Chokecherry and Hillcrest Roads, but that is also too far. Chief Jackson informed Commissioners that there were nine apparatus at the last fire.

Mr. Nystrom presented a sample invoice to show the cost of working this fire if it had occurred on private property. Mr. Nystrom said to have a hydrant installed is $4,000 to $5,000 per hydrant. Acting Chairman Cossairt said there was some prior discussion about the ability to do away with engineering fees. Chief Jackson said the hydrants would be located right off the line. Acting Chairman Cossairt said we need to get in touch with Doug Higgins with Three Mile Water again. Commissioner Kirby questioned where North Bench Fire Department would come up with money as the county sure doesn’t have it.

Clerk Poston questioned if residents are paying dues to the fire department and how that’s probably something the county should do unless there is an agreement. Those present briefly questioned a potential agreement. Commissioner Kirby spoke of the Federal Aviation Administration’s (FAA) requirements for property at the airport, etc. Chief Jackson said North Bench Fire Department also provides coverage for the gravel pit in Moyie Springs, but the City of Moyie Fire Department refuses to provide protection so if North Bench Fire Department and the county have an agreement, that gravel pit also needs to be included. Mr. Nystrom said they have information going back about five years and there has been a fire at the landfill every year.

Clerk Poston asked Mr. Skeen if he had budgeted for a hydrant. Mr. Skeen said no and he questioned if he needs to budget for a fire department to help the county. Commissioners reiterated that they need to get in touch with Mr. Higgins again.

Those present discussed looking into signing a new memorandum of understanding with North Bench Fire Department.

Mr. Skeen left the meeting at 11:30 a.m.

Those present discussed how the county’s population has grown and how developers need to plan for that growth to include adequate water supplies.

The meeting ended at 11:50 a.m.

There being no further business, the meeting adjourned at 11:50 a.m.

____________________________________
WALLY COSSAIRT, Acting Chairman

ATTEST:

______________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Friday, June 7, 2019 - 11:15
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