***Monday, November 19, 2018, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, 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 Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was provided.
Chairman Dinning said he would like to continue the discussion regarding the Environmental Protection Agency (EPA) that is scheduled for today at 3:00 p.m., to tomorrow at 10:00 a.m. Commissioners haven’t received any notice from the EPA, but there is possibly a public hearing going to be held in Newport, Washington on December 6, 2018.
Mr. Kimball said Road and Bridge has been working on the culvert at Kerr Lake and putting sand boxes on the trucks, etc. Next week Road and Bridge will head down to Fleming Creek Road to work on culverts there. Mr. Kimball informed Commissioners that Ruby Creek Bridge #1 is not looking very good. Issues with this bridge were found so Mr. Kimball said he contacted the State of Idaho about it. Mr. Kimball said he has pictures of this bridge from year 2016 that look a lot different now so that is rapid deterioration.
Blue Sky Broadcasting News Reporter Mike Brown joined the meeting.
The Atkins Canyon project is going slow, but it’s looking good for getting traffic through there, according to Mr. Kimball. The area needs ditching and more gravel, but someone would be able to drive a truck through there.
Mr. Kimball presented Commissioners with the Local Highway Technical Assistance Council FY20 Local Rural Highway Improvement Program grant application to have the Boundary County Transportation Plan updated. The grant amount is $30,000 and that is a good project, according to Mr. Kimball.
Commissioner Pinkerton moved to authorize the Chairman to sign the Local Highway Technical Assistance Council FY20 Local Rural Highway Improvement Program grant application for the amount of $30,000 for the purpose of updating the county’s Transportation Plan. Commissioner Kirby second. Motion passed unanimously.
Mr. Kimball informed Commissioners that the Snow Creek Bridge project documents were turned in, but due to different agency personnel being involved now there is different paperwork so he is working with this agency on receiving full reimbursement as what was ultimately offered was a bit shy of full reimbursement. Mr. Kimball said there had been no talk of a reimbursement percentage so the person he is dealing with now may be interpreting the process differently. If this agency doesn’t work with Road and Bridge, the county may owe as much as $7,000 for this bridge, but Mr. Kimball said he is working on getting full reimbursement.
Chairman Dinning said Commissioners have the same situation going on with the regional sewer feasibility study as nowhere in the documents does it mention a percentage for that project as well. Chairman Dinning said Commissioners are going to start requesting written document that states exactly what the amounts involved are.
Chairman Dinning asked about reimbursement for the Deep Creek Loop Repair project. Mr. Kimball said the engineer is working on that. Chairman Dinning questioned if we are at the reimbursement stage.
County resident Marty Martinez joined the meeting at 9:10 a.m.
Mr. Kimball spoke of getting an extension to have Atkins Canyon paved next year.
Mr. Kimball mentioned the weather and said it hasn’t snowed, but there was four inches of frost where he was digging over the weekend.
The meeting with Mr. Kimball ended at 9:13 a.m.
Commissioner Pinkerton moved to sign Certificates of Residency for Regina Chaphan, Emily Blackmore, Miranda Wenk, and Emily Sanchez. Commissioner Kirby second. Motion passed unanimously.
Commissioners said the City of Bonners Ferry sold a Dukw vehicle that had actually belonged to the county so we are looking into that and may need to talk to Attorney Hull and get more clarity.
Commissioner Pinkerton moved to authorize Chairman to sign Idaho Department of Juvenile Corrections Juvenile Justice Annual Financial Report for reporting period 10/1/17 to 9/30/18. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to adopt Resolution 2019-2. A resolution amending Resolution 2018-19 to adopt a Solid Waste fee schedule for fiscal year 2018-2019. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-2 reads as follows:
RESOLUTION 2019-2
A RESOLUTION AMENDING RESOLUTION 2018-19 TO ADOPT A SOLID WASTE FEE SCHEDULE FOR FISCAL YEAR 2018-2019
WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and
WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,
WHEREAS, Commissioners held a public hearing on July 30, 2018, to consider an increase in solid waste fees for the 2018-2019 fiscal year to help fund the cost of operating the Solid Waste Department and to accept public comment, and
WHEREAS, Resolution 2018-19 was adopted on July 30, 2018, by the Board of County Commissioners, County of Boundary, State of Idaho, approving the increase of solid waste fees by an amount of more than five percent (5%),
WHEREAS, it was determined an additional fee needed to be added to the current Solid Waste Department fee structure pertaining to the disposal of demolition/construction debris as follows:
Demolition/Construction Debris – For the public/private party - Up to 1 yard per day is free. An excess of 1 yard per day is charged the commercial rate of five cents per pound for light demolition debris and 10 cents per pound for heavy demolition debris
WHEREAS, Commissioners held a public hearing on November 13, 2018, to consider the addition of the above-mentioned fee and to accept public comment, and
WHEREAS, Commissioners approved the fee proposal and the following is an estimate of what this change may mean to a Boundary County user, and
NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,
IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish the following solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.
DATED AND DONE this 19th day of November, 2018.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Dan R. Dinning, Chairman
s/__________________________
LeAlan L. Pinkerton, Commissioner
s/__________________________
Walt Kirby, Commissioner
ATTEST:
s/_____
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #276063
Amended FY 2018-2019 Fee Schedule
CODE *CYY FROM __ TO
A 12 Residential, Bonners Ferry $ 109.80 $ 118.56
B 12 Residential, outside Bonners Ferry $ 131.04 $ 141.48
D 12 Service Business, Professional $ 131.04 $ 141.48
Practices & Farm Shops
E 24 Logging Contractors, Building $ 262.08 $ 282.96
F 38 Trades, Manufacturing Machine Shops $ 414.96 $ 448.02
G 38 Retail Stores, Restaurants, Bars $ 414.96 $ 448.02
H 72 Nurseries, Newspapers, Greenhouse $ 786.24 $ 848.88
I 125 Chemical Applicators, Commercial $ 1365.00 $ 1473.74 Grain & Seed Elevators, Garages and Gas Stations
J 24 Lumber Mills $ 262.08 $ 282.96
K 135 $ 1474.20 $ 1591.64
L 75 Grocery Stores & Convenience $ 819.00 $ 884.24
M 150 Stores, and Special Categories $ 1638.00 $ 1768.50
N 450 $ 4914.00 $ 5305.50
O 4 Residential B Motels: Each Unit $ 43.68 $ 47.16
P 1.2 Residential B RV Parks: Each Unit $ 13.10 $ 14.14
Per CYY
Light Demolition Compactable Debris brought to the landfill $ 8.95 $ 9.66
Heavy Demolition Non-Compactable, brought to the landfill $ 26.85 $ 29.00
Animal Carcasses over 100 pounds (per carcass) $ 26.85 $ 29.00
**CYY means cubic yards per year. The budgeted cost per CYY for landfill would go from $9.15 to $9.88 and per CYY for total landfill and collection costs would go from $10.92 to $11.79.
***In addition to the 8% increase in existing fees, Boundary County has established a few fee structure for fiscal year 2018-2019 as follows:
Brush/Lawn Debris - 6 yds/day at monitored sites (over 6 yds goes to landfill) Fee is 2.5 cents per lb.
Brush/Lawn Debris - Landfill 6 yds per day. (Over) Fee of 2.5 cents per lb.
Demolition/Construction Debris – For public/private party - Up to 1 yard per day is free. Excess of 1 yard per day is charged the commercial fee rate.
Garbage - Over 6 yds, Fee of 2.5 cents per lb.
Commercial/Public
Stumps @ 2.5 cents/lb. Concrete @ 5 cents/lb. Small Tires up to 22” @ $2.00 each. Lg Truck (semi) Tires @ $8.00 each. Oversized (Skidder/Tractor) @ $40.00 each.
Flip to scale - Charge by the lb. (Commercial) Wood Debris @ 2.5 cents/lb. Yard Debris @ 2.5 cents/lb. Light Demo @ 5 cents/lb. Heavy Demo @ 10 cents/lb.
Commissioner Pinkerton moved to grant an extension of 90 days in which the property owner is to pay year 2015 taxes for parcel #RP60N01W135414A. Commissioner Kirby second. Motion passed unanimously.
Chairman Dinning said Commissioners received information on an invoice from Miller & Company for their work associated with the Foreign Trade Zone Alternative Site Framework Application so he will contact Miller & Company to look into that.
9:33 a.m., County Civil Attorney Tevis Hull 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. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:45 a.m. No action was taken.
Attorney Hull left the meeting.
9:45 a.m., Chairman Dinning left the meeting to tend to other matters.
Commissioner Kirby moved to appoint Commissioner Pinkerton acting chairman in the absence of Chairman Dinning. Commissioner Pinkerton second. Motion passed unanimously.
Commissioners tended to administrative duties.
9:54 a.m., Boundary Ambulance Service Chief Jeff Lindsey and Boundary Ambulance Service Board Chairperson Nancy Russell joined the meeting.
Commissioner Kirby moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
Commissioner Kirby moved to approve the meeting minutes of September 17, 2018, for the Boundary Ambulance Service District. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
Chief Lindsey said he heard about budgeting for an EMS building and he asked if the county had obtained full ownership of the armory property. Clerk Poston said the county put earnest money on it, but the title company is working on completing the paperwork so the process is almost complete. Acting Chairman Pinkerton said as far as he is aware the county plans on building an EMS facility. Chief Lindsey said the reason he asks is that his budget is on the calendar year and they have to pay rent for their current office space. Those present discussed the process of having to seek bids for a builder, etc., and Commissioner Kirby said he sees it being closer to year 2020 before a building is constructed. Chief Lindsey said the big thing that was indicated was trying to break ground this next spring. Commissioner Kirby said that is not going to happen. Clerk Poston asked Chief Lindsey if he’s been able to secure building plans from other EMS facilities. Chief Lindsey said no, but some of those layouts won’t work for Boundary Ambulance. Acting Chairman Pinkerton said there are a few things Commissioners have to wait on such as securing the property that adjoins the armory as that would change plans. Once that property belongs to the county, things will start moving rapidly. Chief Lindsey said another concern is whether or not his building plans would meet code for the City of Bonners Ferry, etc. Clerk Poston agreed and mentioned being Americans with Disabilities ACT (ADA) compliant.
10:18 a.m., Commissioner Kirby moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
10:18 a.m., Chief Lindsey and Ms. Russell left the meeting.
Commissioners tended to administrative duties.
Clerk’s Notes: The meeting with Kootenai Valley Resource Initiative Facilitator Rhonda Vogl and Bonners Ferry District Forest Ranger that was scheduled for 10:30 a.m., did not take place.
10:33 a.m., County resident Jim Cowin stopped by to discuss a matter pertaining to former County Road 22C, off Paradise Valley Road, regarding whether this road had been abandoned by the county and whether or not his neighbor can gate this road. Mr. Cowin stated that the county commissioner at the time who lived in the Porthill area promised him that they would maintain his road and he added that this was back when Wayne Brown was the Road and Bridge Superintendent.
Mr. Cowin said the access is roughly 2,000 feet and it hasn’t been maintained and he said he doesn’t want to argue with his neighbor, but he doesn’t want a gate across the driveway and he doesn’t want the tansy weed growing.
Mr. Cowin left the meeting at 10:54 a.m.
10:55 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Pam Barton joined the meeting to give Commissioners the monthly update on the Restorium.
Ms. Magee said the Restorium has 36 residents and she listed information such as hours worked, full time staff, billed amounts, Medicaid resident percentages, resident accounts past due totals, and expenses including and excluding payroll. Ms. Magee said she has 16 employees and she asked if she was approved for one more. Clerk Poston said yes, but she is still going to add the totals again as it appears the Restorium has 1.5 more employees than it did one year ago. Income is $6,000 more, but expenses are $13,000 more and without payroll expenses are $6,000 more, according to Clerk Poston. Commissioners reviewed the information provided. Clerk Poston said she shows the Restorium has 17 full-time employees. Ms. Magee said she has 16 employees including herself and the nurse. Ms. Magee said that was the question, if the Restorium was approved for one more employee.
11:10 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 Pinkerton second. Commissioners voted as follows: Acting Chairman Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:33 a.m. No action was taken.
Ms. Magee and Ms. Barton left the meeting at 11:33 a.m.
Deputy Clerk Nancy Ryals and Dick Staples with JRS Surveying joined the meeting. Jim Cowin briefly returned to the meeting in order to drop off an old map showing County Road 22C. Mr. Cowin left the meeting.
Mr. Staples discussed a matter involving a boundary line adjustment requested by property owner who would like to sell the parcel. There is an indigent lien on the other half of the property so that will come up if the property sells. Those present reviewed a map of the property in question. Deeds would need to be done before the property can be sold. It was said the property owner is trying to sell and if she does sell, would part of the proceeds go toward the indigent lien. Deputy Clerk Ryals said the State Catastrophic Healthcare Cost (CAT) Board is heavily involved so any decision Commissioners makes requires the CAT Board’s approval. Mr. Staples asked if the lien is against 15 acres and if it’s a part of this property, is it portioned out. Acting Chairman Pinkerton and Deputy Clerk Ryals both said the lien is on the entire parcel. Deputy Clerk Ryals was asked to contact the CAT Board to get their input.
The meeting with Mr. Staples and Deputy Clerk Ryals ended at 11:42 a.m.
Commissioners recessed for lunch at noon.
1:30 p.m., Commissioners reconvened for the afternoon session with Acting Chairman LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Aaron Freudenthal, Regional Coordinator for the Idaho Public Defense Commission met with Commissioners to provide an update on the Public Defense Commission.
Mr. Freudenthal stated that at this point all attorneys have submitted their annual reports. Mr. Freudenthal informed Commissioners that Kimberly Simmons has moved on and Kathleen Elliot is the new Executive Director for the Idaho Public Defense Commission so Commissioners will see a more regimented Public Defense Commission. There have been informal discussions and Ms. Simmons had done a five year plan for the rules. There has also been discussion on not doing rules this next year and just keeping the existing rules and working on customer service, but it’s not certain if that will be the case. We will see some changes, though, according to Mr. Freudenthal.
Mr. Freudenthal said not too much has changed. The comment period for the rules has closed and nothing affects Boundary County. Boundary County’s attorneys are not reaching their caseloads limits. The annual reporting rule was simplified. The Odyssey System was supposed to be a helpful system. The Public Defense Commission is looking to see if it can provide more statewide assistance such as providing research resources, etc. Clerk Poston said as far as a need for public defenders, maybe attorneys from Lincoln County, Montana can be a resource for north Idaho if a county needs to reach out to them. Right now Boundary County is okay as it pertains to public defenders. Those present discussed use of Lifesize for video conferencing. Boundary County has used this system for video conferencing with the Bonner County Juvenile Detention Center. Boundary County also has West Law as a resource. Mr. Freudenthal briefly discussed newly elected commissioners and clerks coming on.
Those present discussed looking into and seeking input as to whether or not Mr. Freudenthal needs to meet with counties four times per year or if that will be less. Mr. Freudenthal said he may be attending the meetings on rule making, and he added that in terms of the Americans Civil Liberties Union (ACLU) lawsuit, it’s going forward and Boundary County is doing well.
Mr. Freudenthal mentioned a request for an increase in funding for grants this year. The base award is 15% or $25,000, whichever is greater, so for Boundary County that is $25,000. Mr. Freudenthal said he will also work on attorney retention for north Idaho. It was mentioned that the Public Defense Commission is working to change a program so that if an attorney is working for their client and that client becomes indigent, the county could be reimbursed as long as the attorney is qualified.
The meeting with Mr. Freudenthal ended at 2:20 p.m.
Commissioner Kirby moved to sign the Certificate of Residency for Thomas Mooney-Rivkin. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, November 20, 2018, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, Assessor Dave Ryals, Noxious Weeds Department Superintendent Dave Wenk, Solid Waste Department Superintendent Claine Skeen, Planning and Zoning Administrator John Moss, Courthouse Maintenance John Buckley, Chief Probation Officer Stacy Brown, Emergency Services Manager Mike Meier, Sheriff Dave Kramer, Road and Bridge Department Superintendent Clint Kimball, Prosecutor Jack Douglas, Veterans Service Officer John Tucker, and University of Idaho Extension Office Educator Amy Robertson.
Chairman Dinning said Commissioners only had certificates of insurance to talk about and he explained why these proofs of insurance are extremely valuable. When someone is working for the county and there is an issue, it may seem minor, but there is the potential for that problem to turn into something big.
Commissioners went around the room for department updates.
Prosecutor Douglas said his office is busy.
Mr. Wenk said he has winterized his weed spraying equipment.
Ms. Robertson listed courses being offered through the University of Idaho Extension Program. Ms. Robertson added that food box collection sites will be placed within the Courthouse for the holidays and Debbie Higgins from her office will handle this.
Assessor Ryals said his office is busy.
Mr. Tucker said the Veterans Service Office will be closed on Thursday.
Mr. Kimball said Road and Bridge is busy working.
Sheriff Kramer said his office held a winter driving class and it was well attended. Sheriff Kramer added that the jail is bursting at the seams with female inmates.
Mr. Meier informed those present that thumb drives have been discovered to contain viruses so he will be holding a class on this.
Ms. Brown said the Probation Office recently had computer and telephone troubles due to road construction nearby, otherwise, they are keeping busy.
Mr. Skeen said the Solid Waste Department is staying busy.
Treasurer Larson spoke of collecting taxes.
Clerk Poston said she is in the middle of the audit with Leonard Schulte. January 14th is when the newly elected officials will be sworn into office. The window for online training through Idaho Counties Risk Management System (ICRMP) is still open. The Courthouse will participate in the Care and Share Program again this year so any unwrapped presents would be greatly appreciated. Clerk Poston informed those present that employee time sheets need to be turned in to her by 8:00 a.m. Monday morning.
Chairman Dinning said Commissioners signed closing documents for the purchase of the armory property last week so the process should be done soon. Commissioners have also placed an offer on property adjacent to the armory.
Mr. Buckley mentioned he wants to visit Courthouse offices to give a refresher on sheltering in place.
The elected officials/department heads meeting ended at 9:22 a.m.
Commissioners informed Mr. Tucker that they want to increase his hours by two for a total of six hours per week for the Veterans Service Office.
Mr. Tucker left the meeting at 9:23 a.m.
9:24 a.m., Property owner Nathan Williams joined the meeting.
Commissioner Pinkerton moved to sign the Certificate of Residency for Anthony Shutes. Commissioner Kirby second. Motion passed unanimously.
Treasurer Sue Larson joined the meeting at 9:26 a.m.
Mr. Williams informed Commissioners that he purchased a property through the Sheriff’s Office short sale and he had to have the property for at least six months before he could be considered the owner. Mr. Williams said this property had late charges and fees of some sort and he will pay the taxes as he inherited the debt, but he is hoping the late fee and interest could be waived. Mr. Williams mentioned that Sheriff’s Office Civil Deputy Mike Rosenthal had informed him there could be late fees, etc., but he added that he would have to look into that. Chairman Dinning as per Idaho Code, unless there is an error made by the county or hardship situation for the property Commissioners don’t have the ability to waive these fees and interest.
The meeting with Mr. Williams ended at 9:33 a.m.
Treasurer Larson left the meeting.
Chairman Dinning informed Commissioners that more information is needed on the matter of the Environmental Protection Agency (EPA) regarding the Kalispel Tribe’s request to de-designate the Kalispel Reservation to be a Class I air quality area under the Clean Air Act’s prevention of signification deterioration program. Chairman Dinning said he asked questions about this, but he hasn’t received answers yet.
Mr. Buckley briefly joined the meeting to discuss issues with the Courthouse boiler. Mr. Buckley left the meeting.
Chairman Dinning updated Blue Sky Broadcasting Reporter Mike Brown about the EPA matter and said that Commissioners hadn’t heard about a hearing that was held.
There being no further business, the meeting adjourned at 10:22 a.m.
______________________________________
DAN R. DINNING, Chairman
ATTEST:
_____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk