Commissioners' Meeting Minutes - Week of October 17, 2016 & 24, 2016

***Monday, October 17, 2016, Commissioners did not meet this week due to lack of a quorum.

***Monday, October 24, 2016, Commissioners did not meet due to lack of a quorum.

***Tuesday, October 25, 2016, 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., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give his departmental report. Mr. Kimball presented a written report and spoke of attending the Parks and Recreation workshop for various projects. Mr. Kimball said the Snow Creek Bridge project rated very high and it rated the highest in the bridge applications received. Mr. Kimball said the fairgrounds project did not fit the criteria.

Commissioners and Mr. Kimball discussed working together with the Forest Service on road repair projects. The Skin Creek Bridge needs attention, according to Mr. Kimball.

Mr. Kimball said he had visited with the Local Highway Technical Assistance Council (LHTAC) and discussion took place regarding the Naples Bridge. Mr. Kimball said he will turn in an application for the Naples Bridge project, but he was told it would be turned down due to such high costs, although it can open doors to other funding avenues.

Chairman Dinning asked Mr. Kimball if he had heard anything new about the 129,000 pound truck legislation. Mr. Kimball said he knows it’s going to happen and the negatives are that there will be a route from Highway 1 to the Canadian border as well as more people in the Ag industry interested in using the route, which will affect county roads. Mr. Kimball said he’s heard discussion regarding chain-up areas and possible provisions for larger trucks not being able to run during bad winter conditions. Mr. Kimball said he questions what will happen when there is no place for a 100 foot truck to pull off the road.

Those present discussed matters pertaining to the McArthur Lake curve.

Mr. Kimball said he feels the issue involving School House Road is surfacing and he discussed recently seeing three over-height trucks on the Naples Bridge.

Mr. Kimball said there is a lot of grading to do after the rains we have had. Mr. Kimball briefly mentioned having an upcoming meeting with Federal Lands Access Program (FLAP) representatives.

Mr. Kimball informed Commissioners that a board member from the Curley Creek Fire Association contacted him with questions and concerns about plowing snow off the road leading to the fire station. This fire station sits approximately 2,600 feet beyond where the county road ends so the county cannot add this road to its route. Mr. Kimball questioned if Road and Bridge would be able to wing the snow back if the road got too narrow from Curley Creek Fire personnel using their station’s plow. Chairman Dinning said he knows the county absolutely cannot do that as for one, this is an association, which is comparable to plowing someone’s private property. It is also using public funds to help a private entity. Mr. Kimball said for the sake of discussion Curley Creek Fire Association is a non-profit organization. Chairman Dinning said he understands. Commissioner Pinkerton asked what the cost would be to have someone plow snow for Curley Creek. Mr. Kimball said possibly $200 per swipe for a couple hours. Commissioner Pinkerton asked about the possibility of contracting with the county if the work was to be done on a contract basis. Chairman Dinning said Commissioners would have to check with the county’s civil attorney as to that possibility.

Mr. Kimball said he has been troubled by the road access permits to allow people to put in culverts. Different things come up such as utility bores, etc., so anything to be done in the county’s right-of-way should require a public works license so there is proof someone is insured while doing this work. Mr. Kimball said if someone wanted to fall trees in the county’s right-of-way, he would say no and that the county can do that, but the property owner can do the clean-up. Chairman Dinning said he can see people questioning why they would need insurance to work on their own property. Mr. Kimball said because it also involves the county’s property and he added that you wouldn’t want someone to excavate and undermine the road shoulder.

9:30 a.m., Commissioners held a bid opening for the county fuel supply for fiscal year 2016-2017. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Department Superintendent Clint Kimball. The bid opening was recorded.

Chairman Dinning said only one sealed bid was received and it was from Dyck’s Oil and Auto. A check totaling $5,000 was provided as bidder’s security and was a little more than 5% of the total amount bid. Commissioners reviewed the bid details. The cost for an estimated 10,000 gallons of unleaded gasoline is $21,760, the amount for an estimated 40,000 gallons of ultra-low sulfur Diesel #2 is $75,560, and the amount for an estimated 1,000 gallons of diesel #1 is $2,119 for an overall total of $99,439. Mr. Kimball said it is essentially the same mark-up as last year, which is 14 cents. Commissioner Pinkerton said the base price is down. Mr. Kimball said the bid also includes access to the card lock system.

Commissioner Pinkerton moved to accept the bid totaling $99,439 from Dyck’s Oil and Auto for the county’s fuel supply for fiscal year 2016-2017. Commissioner Kirby second. Motion passed unanimously.

The bid opening ended at 9:34 a.m.

Commissioners and Mr. Kimball spoke of costs and details pertaining to Road and Bridge having its own gas tanks for diesel #2 and gas. Mr. Kimball said gasoline tanks are a little different requirement for over 1,000 gallons. Mr. Kimball said he is just concerned about his budget.

The meeting with Mr. Kimball ended at 9:43 a.m.

Commissioner Pinkerton moved to sign the Certificate of Residency for Ashlyn Hittle. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to adopt Resolution 2017-1. A resolution amending the schedule of starting wages. Commissioner Kirby second. Motion passed unanimously. Resolution 2017-1 reads as follows:
RESOLUTION 2017-1
AMENDED SCHEDULE OF STARTING WAGES

WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho Code, and

WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provision and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits; and

WHEREAS, the Boundary County Commissioners find it necessary to revise the Schedule of Starting Wages, and

WHEREAS, Rule 4B of the Boundary County Personnel Policy that was adopted as Resolution Number 2008-35 on September 30, 2008 allows the Board of County Commissioners to review and make adjustments to the Schedule of Starting Wages by resolution as required,

NOW, THEREFORE, be it resolved by the Board of Boundary County Commissioners that it is in the best interest of the County to amend the Schedule of Starting Wages as follows:

Law Enforcement
& Firefighters Only
Grade 10/1/2016 10/1/2016
1 8.32 8.47
2 8.76 8.92
3 9.23 9.40
4 9.72 9.90
5 10.26 10.45
6 10.80 11.00
7 11.40 11.61
8 12.03 12.26
9 12.68 12.91
10 13.39 13.64
11 14.14 14.40
12 14.93 15.21
13 15.77 16.07
14 16.65 16.97
15 17.59 17.93
16 18.59 18.95
17 19.65 20.02
18 20.76 21.16

Effective 10-1-13 $.30 per hour shift differential for 6:00 p.m. to 6:00 a.m. shift work, unless assigned that shift in
job description. Holiday, sick, vacation, comp time, jury duty, and bereavement leave do not qualify for shift
differential pay

*Law enforcement is defined as patrol deputies, detention deputies and courthouse security only.

THIS RESOLUTION shall be effective on October 1, 2016. PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 25th day of October, 2016.

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 #268855

Commissioner Pinkerton moved to sign the Computer Arts Master Agreement Software and Support License as well as Addendums A, B, and C. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to sign the Idaho Department of Lands Reimbursement Request Form #4 for the Temple-Deer Project, Grant #15-HFR1-Boundary. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to appoint Dave Wenk to the Translator Board with a term to expire January 2018. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

10:05 a.m., Treasurer Sue Larson joined the meeting.

Commissioner Pinkerton moved to cancel taxes for year 2015 in the amount of $18.64, fees in the amount of $68.50, penalties in the amount of $1.74, and $8.33 in interest for a total of $97.21 for parcel #MH62N01E218750A as the delinquent mobile home taxes were certified to the 2016 real property roll for collection. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to cancel taxes for year 2015 in the amount of $122.22, fees in the amount of $137.00, penalties in the amount of $5.18, and $24.78 in interest for a total of $289.18 for parcel #MH62N03E22481AA as the delinquent mobile home taxes were certified to the 2016 real property roll for collection. Commissioner Kirby second. Motion passed unanimously.

Treasurer Larson and Commissioners reviewed the report of Boundary County accounts as presented by Treasurer Larson dated September 30, 2016.

Commissioner Pinkerton moved to approve the report of county accounts dated September 30, 2016, as presented by Treasurer Larson. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning asked Treasurer Larson about the amendment to the solid waste fees. Treasurer Larson said there had been an error and the fees need to be adjusted down. It is a difference of 32 cents and this change gets the costs in order for the Treasurer’s Office system.

Commissioner Pinkerton moved to adopt Resolution 2016-21A. A resolution amending Resolution 2016-21 to adopt a solid waste fee schedule for fiscal year 2016-2017. Commissioner Kirby second. Motion passed unanimously. Resolution 2016-21A reads as follows:

RESOLUTION 2016-21A
A RESOLUTION AMENDING RESOLUTION 2016-21 TO ADOPT A SOLID WASTE FEE SCHEDULE FOR FISCAL YEAR 2016-2017

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, the Board of County Commissioners, County of Boundary, State of Idaho, are not required to hold a public hearing to receive public comment on a proposal to increase solid waste fees if the increase less than (5%), and

WHEREAS, the last solid waste fee increase was initiated for fiscal year 2015-2016 and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees by an amount of 4% for the 2016-2017 fiscal year to help fund the cost of operating the Solid Waste Department, and

WHEREAS, the following schedule has been amended due to a clerical error found in Resolution 2016-21 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 amended solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.

DATED AND DONE this 25th day of October, 2016.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Dan R. Dinning, Chairman
s/__________________________
LeAlan L. Pinkerton, Commissioner
s/__________________________
ATTEST: Walt Kirby, Commissioner
s/___________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #268856
AMENDED SCHEDULE OF SOLID WASTE FEES - Fiscal Year 2016-2017

The County of Boundary has proposed to increase its solid waste fees by an amount of 4 percent of the solid waste fees collected the previous year. The purpose of the increase is to fund the operation costs, disposal of wood/tire waste, scale system, recycling and site engineering for the Solid Waste Department. The last solid waste increase was in the 2015-2016 budget. The following schedule is an estimate of what this change may mean to a Boundary County user:

CODE *CYY FROM TO
A 12 Residential, Bonners Ferry $ 98.04 $ 102.00
B 12 Residential, outside Bonners Ferry $ 117.00 $ 121.80
D 12 Service Business, Professional $ 117.00 $ 121.80
Practices & Farm Shops
E 24 Logging Contractors, Building $ 234.00 $ 243.60
F 38 Trades, Manufacturing Machine Shops $ 370.50 $ 385.70
G 38 Retail Stores, Restaurants, Bars $ 370.50 $ 385.70
H 72 Nurseries, Newspapers, Greenhouse $ 702.00 $ 730.80
I 125 Chemical Applicators, Commercial $ 1218.74 $ 1268.74 Grain & Seed Elevators, Garages and
Gas Stations
J 24 Lumber Mills $ 234.00 $ 243.60
K 135 $ 1316.24 $ 1370.24
L 75 Grocery Stores & Convenience $ 731.24 $ 761.24
M 150 Stores, and Special Categories $ 1462.50 $ 1522.50
N 450 $ 4387.50 $ 4567.50
O 4 Residential B Motels: Each Unit $ 39.00 $ 40.60
P 1.2 Residential B RV Parks: Each Unit $ 11.70 $ 12.18

Per CYY
Light Demolition Compactable Debris brought to the landfill $ 8.00 $ 8.32
Heavy Demolition Non-Compactable, brought to the landfill $ 24.00 $ 24.96
Construction Debris brought to the landfill $ 8.00 $ 8.32
Animal Carcasses over 100 pounds (per carcass) $ 24.00 $ 24.96

Commercial Disposal Charge: Brush/Lawn Waste, Separated Lumber, Wood Chips - $6.24/cu yd

Clean Stumps under six inches (at face): $10.40/cu yd: Over six inches (at face): $20.80/cu yd

**CYY means cubic yards per year. The budgeted cost per CYY for landfill would go from $8.17 to $8.50 and per CYY for total landfill and collection costs would go from $9.75 to $10.15.

Treasurer Larson and Commissioners discussed matters pertaining to delinquent mobile home taxes. Commissioners advised Treasurer Larson that the taxes for parcel #MHB006000W008VA should be canceled as the mobile home had burned down and to not pursue having parcel #MH00030000007UA and parcel #MH61N01W256150T seized.

The meeting with Treasurer Larson ended at 10:13 a.m.

10:14 a.m., Commissioner Pinkerton moved to go into executive session pursuant to Idaho Code 74-206(1)c, to acquire an interest in real property which is not owned by a public agency, and 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:30 a.m. No action was taken.

Chairman Dinning informed Commissioners that the US Fish and Wildlife Service has reconsidered their position on the wolverine as being a threatened species and they will open up a comment period.

10:27 a.m., Deputy Clerk Nancy Ryals joined the meeting.

Commissioners discussed issues pertaining to the purchase of property by Walter Merrifield.

Chairman Dinning said County Noxious Weeds Department Superintendent Dave Wenk has asked Commissioners to write a letter to the Idaho Department of Agriculture in support of continuing to fund the Neighborhood Weed Cooperative Program.

Commissioners tended to administrative duties.

Solid Waste Department Superintendent Claine Skeen and a Solid Waste Department employee joined the meeting at 10:46 a.m.

Commissioner Pinkerton 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:01 a.m. No action was taken.

County residents Shane Dodge, Christine Dodge, and Jennifer McLeish stopped by to request a copy of Commissioners’ minutes from the meeting they had with Commissioners a couple weeks ago. Mr. Dodge said he had stopped by to get a copy of these minutes, but he hasn’t gotten them yet. Chairman Dinning explained that Commissioners had been out of the office the last two weeks, but the minutes should be ready this afternoon.

Mr. Dodge, Ms. Dodge, and Ms. McLeish left the meeting.

Commissioner Kirby moved to approve the minutes October 3 and 4, 2016 and October 10 and 11, 2016. Commissioner Pinkerton second. Motion passed unanimously.

Commissioners recessed for lunch at 11:17 a.m.

1:50 p.m., Commissioners returned for the afternoon session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Blue Sky Broadcasting Reporter Mike Brown joined the meeting.

2:00 p.m., Boundary Economic Development Specialist Dennis Weed and County Civil Attorney Tevis Hull joined the meeting.

Chairman Dinning said the Foreign Trade Zone Board has questions pertaining to Idaho Code and it appears to restrict the ability of a governmental agency to have a subzone. Attorney Hull said he wonders if that means the county has to expressly authorize a subzone and he added that initially he didn’t see any issue because Boundary County is not a municipality. Mr. Weed said it fell within the realm of what the county can do with a Foreign Trade Zone in a subzone and he didn’t recall an issue. It was said authority falls to private corporations, cities, and states. Chairman Dinning said Boundary County is a subsection of the State of Idaho so Commissioners may need to write a letter to the State of Idaho.

The meeting to discuss Foreign Trade Zone matters ended at 2:12 p.m., and Mr. Weed and Mr. Hull left the meeting.

Commissioners tended to administrative duties.

2:20 p.m., Commissioners spoke to County Civil Attorney Tevis Hull via telephone regarding a conversation Road and Bridge Department Superintendent Clint Kimball had with Curley Creek Fire Department Board member Keith Kuczka. Commissioners said Curley Creek Fire Department’s fire station is located 2,600 feet beyond the end of the county road and the fire department would like to know if the county has the ability to plow snow to the station. Chairman Dinning said he the only thing he could think of that would give the county the ability to do this falls under health and safety or to contract the work, but he wasn’t sure. Chairman Dinning said the road is not a private road from a certain point to the fire station so he doesn’t want to set a precedent. Attorney Hull said that is his first thought. Attorney Hull said he will need to look into that before offering his opinion. Attorney Hull asked Commissioners if Mr. Kimball had voiced any concerns such as maneuverability, plow truck turn arounds, etc. Chairman Dinning said that hadn’t been mentioned.

The call to Attorney Hull ended at 2:22 p.m.

There being no further business, the meeting adjourned at 2:38 p.m.

_______________________________________
DAN R. DINNING, Chairman

ATTEST:

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

Date: 
Tuesday, November 8, 2016 - 09:45
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