***Monday, October 28, 2019, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
County resident Karen Glazier was in attendance of the meetings throughout the morning.
9:00 a.m., Road and Bridge Co-Superintendent Renee Nelson and Secretary Kylie Byars joined the meeting to give the departmental report. Ms. Byars was introduced to those present.
Commissioner Kirby moved to approve the Road Naming Committee’s recommendation to name the new Union Pacific Railroad’s siding road “Queen View Road”. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificate of Residency for Mercedes Taylor. Commissioner Kirby second. Motion passed unanimously.
Ms. Nelson presented a written department report. Ms. Nelson said Road and Bridge had grindings stockpiled in Moravia and they were able to cover more than half of Peaceful Way with them.
Ms. Nelson briefly spoke of Truck T18 in relation to de-icer.
Ms. Nelson reviewed the remainder of the department report. Graders are out east to get roads finished. Roads to the north and south have been graded and then it’s just areas such as Perkins Lake, etc. Road Foreman Brad Barton is training the new employee at Road and Bridge on GPS points and he also went out last week to clean up trees that had fallen over roadways up north, according to Ms. Nelson.
Fiber optics have been installed at the Road and Bridge Office, but they won’t be at the Courthouse soon enough, according to Ms. Nelson. Clerk Poston said we have to be careful about that as the reason the Courthouse has the amount of high speed internet that it does is due to court business so we cannot interfere with that. Ms. Nelson said the internet speed at the Courthouse is good until it goes across the river. Computer Arts has a way to connect without needing fiber optics and it’s very safe and secure and the connectivity from the Road and Bridge Office won’t slow the speed at the Courthouse. Ms. Nelson said she requested that Intermax come and meet with her to let her know whether or not Road and Bridge Office phones are compatible with fiber optics. Road and Bridge will need fiber optics and a firewall. Intermax will provide a quote to Road and Bridge and Ms. Nelson will run that information by Computer Arts. Ms. Nelson said Frontier informed her they can’t deliver the speed that is needed.
Ms. Nelson said she has the State/Local Agreement for Ruby Creek Bridge #2 ready for the agenda next week and she will have it reviewed by the county civil attorney prior to Commissioners signing it.
The meeting with Ms. Nelson and Ms. Byars ended at 9:24 a.m.
Commissioners contacted County Civil Attorney Tevis Hull via telephone.
Chairman Dinning said he wanted to talk about the urban subdivision portion of the Land Use Ordinance and what it took to declare a moratorium due to possible misunderstandings. Attorney Hull said the statute that is operative is Idaho Code #67-6523. This is the provision to allow for the Governing Board to determine and find that there is an imminent peril to the public health, safety or welfare and those findings need to be stated in writing. An emergency ordinance or moratorium may be effective for a period of no longer than 182 days. Restrictions established by a moratorium or emergency ordinance may not be stacked on top of each other. Attorney Hull said Commissioners would have the hearing and address the issue of whether the ordinance rises to the level of imminent peril for public safety or welfare. This matter cannot be done on an individual case; this has to be looked at globally from the perspective of imminent peril for public safety or welfare. When you look at a moratoriums, it’s not unusual to have the more specific purposes, such as family splits. When Commissioners look at this you can look at it broadly to see if the Ordinance is uniform for consistency and complied with across the board. Attorney Hull said for this ordinance there is language that allows the urban subdivision with acreage that does not exceed 2.5 acres and then it’s the application in different subdivisions. Rural subdivisions with a five (5) acre minimum and the agricultural zone, which is 10 acres and these applications could affect whether or not a property owner can have an urban subdivision within those zones and that is the problem when not consistent with the Comprehensive Plan or consistent or not consistent with the Ordinance. Chairman Dinning said Commissioners are not going to have the full discussion on this matter today as we cannot call this meeting today any form of a hearing. Commissioners will have to post the notice of hearing on the doors of the Courthouse if the hearing is to take place next week. The requirements for this hearing are not the same as the regular hearing requirements. Chairman Dinning said if Commissioners had a hearing, we can’t impose it retroactively. In this process, first is for Commissioners to determine if they want to adopt an emergency ordinance and that is without public input. Then if they do want to adopt an emergency ordinance, Commissioners would open up the hearing to the normal process of accepting public input. Commissioners would also need to have the final document ready to adopt, according to Attorney Hull.
Attorney Hull provided Commissioners with an update on the City of Bonners Ferry Agreement for Pine Island Road maintenance and Commissioners asked about the Tihonovich easement vacation.
The call to Attorney Hull ended at 9:41 a.m.
Commissioner Cossairt moved to sign the Independent Contractor Agreements with Northwest Paint and Pre-Stain to have the courtroom ceiling and the exterior of the Courthouse painted. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to initial the County Annual Juvenile Justice Report to the Idaho Department of Juvenile Corrections for the term of October 1, 2018 to September 30, 2019. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Idaho Transportation, Department Division of Aeronautics Grant Agreement for the Idaho Airport Aid Program, State Fiscal Year 20 for the Bonners Ferry-Boundary County Airport, FS Program No. F20865S, IAAP Project No. AIP016 for the grant amount of $19,691.94. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2020-4. A resolution accepting the grant offer of the State of Idaho through the Idaho Transportation, Division of Aeronautics, in the maximum amount of $19,691.94 to be used under the Idaho Airport Aid Program, FS Program No. F20865S, Project No. AIP016. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-4 reads as follows:
County Resolution 2020-4
Exact from the minutes of a regular meeting
of the County Commission of Boundary County, Idaho
Held on October 28, 2019.
Commissioner Wally Cossairt, introduced the following Resolution, was read in full, considered, and adopted:
Resolution number 2020-4 of Boundary County, Idaho accepting the Grant Offer of the State of Idaho through the Idaho Transportation Department, Division of Aeronautics, in the maximum amount of $19,691.94 to be used under the Idaho Airport Aid Program, FS Program number F20865S, Project number: AIP016 in the development of the Bonners Ferry-Boundary County Airport; and
Be it resolved by the Chairman and County Commission of Boundary County, Idaho (herein referred to as the “County” as follows:
Sec. 1. That the County shall accept the Grant Offer of the State of Idaho in the amount of $19,691.94, for the purpose of obtaining State Aid under FS Program Number: F20865S, Project Number: AIP016 in the development of the Bonners Ferry-Boundary County Airport; and
Sec. 2. That the Chairman of the Boundary County County Commission is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Acceptance) of behalf of the County. The County Clerk is hereby authorized and directed to attest the signature of the Chairman and to impress the official seal of the County on the aforesaid statement of Acceptance; and
Sec. 3. A true copy of the Grant Agreement referred to herein be attached hereto and made a part thereof.
Passed by the County Commission and approved by the Chairman this 28th day of October, 2019.
s/_______________________________
Dan Dinning, Chairman
ATTEST:
Glenda Poston, County Clerk
CERTIFICATE
I, Glenda Poston, County Clerk do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2020-4 adopted at a regular meeting of the County Commission held on the 28th day of October, 2019, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the County, this 28th day of October, 2019.
s/_________________________________
Glenda Poston, County Clerk
Recorded as instrument #279679
Commissioner Cossairt moved to authorize the Chairman to sign the State of Idaho, Idaho Department of Lands Land Use Permit No. LU200050 for Section 16 (Peterson Hill east of Highway 95) as it pertains to the 9B Trails project. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the annual expenditure of $500.00 associated with the State of Idaho, Idaho Department of Lands Land Use Permit No. LU200050 for Section 16. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Assignment and Assumption of Lease Agreement associated with the Farnsworth property, Xmas Hills Limited Partnership, as it pertains to the Boundary County Bike and Pedestrian Trail Committee, Inc. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Voluntary Maintenance Agreement with 9B Trails as it pertains to the Idaho Department of Lands Section 16/Peterson Hill recreation trails. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to approve the Trails Volunteer Application and that it be attached to the Voluntary Maintenance Agreement with 9B Trails. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Andrew O’Neel as Boundary County’s point of contact for emergency service related grants. Commissioner Kirby second. Motion passed unanimously.
Blue Sky Broadcasting News Reporter Mike Brown joined the meeting at 9:45 a.m.
Commissioner Kirby moved to approve minutes of October 7 & 8, 2019. Commissioner Cossairt second. Motion passed unanimously.
Deputy Clerk Nancy Ryals joined the meeting at 10:01 a.m.
Commissioner Kirby moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Cossairt second. Motion passed unanimously. 10:10 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Cossairt second. Motion passed unanimously. No action was taken.
Deputy Clerk Ryals left the meeting.
10:10 a.m., Commissioners considered the application for a 2019 County Alcoholic Beverage License for Dirk and Kim Van Der Kolk doing business as Tavern in the Lodge, located at 5952 S. Main Street, Bonners Ferry, Idaho, to sell bottled and canned beer on premises and wine by the drink. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Karen Glazier. The proceedings were recorded.
The completed application and applicable fee have been received. Yet to be received is the 2019 State of Idaho Retail Alcoholic Beverage License and the 2019 Panhandle Health District Permit.
Commissioner Cossairt moved to approve the 2019 County Alcoholic Beverage License for Dirk and Kim Van Der Kolk dba Tavern in the Lodge to sell bottled and canned beer on premises and wine by the drink pending receipt of the 2019 State of Idaho Retail Alcoholic Beverage License and the 2019 Panhandle Health District Permit. Commissioner Kirby second. Motion passed unanimously.
The proceedings to consider the beverage license application for Tavern in the Lodge ended at 10:12 a.m.
Ms. Glazier left the meeting at 10:18 a.m.
10:18 a.m., Chief Deputy Clerk Tracie Isaac joined the meeting. Assessor Dave Ryals also joined the meeting.
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. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. Commissioners recessed the executive session at 10:34 a.m.
Commissioner Kirby moved to approve the Sick Leave Bank Application for an employee for up to 520 hours and to approve a Family Medical Leave Act (FMLA) request for that same employee to run concurrent beginning October 17, 2019, with two week periodic updates from the employee’s physician to determine status of returning to work. Commissioner Cossairt second. Motion passed unanimously.
Chief Deputy Clerk Isaac and Assessor Ryals left the meeting at 10:38 a.m.
10:38 a.m., Commissioners reconvened in executive session pursuant to Idaho Code 74-206(1)b. The executive session ended at 10:42 a.m.
Commissioner Cossairt moved to compensate the County Public Information Officer $300 per month and to prorate this compensation for the month of October, 2019. Commissioner Kirby second. Motion passed unanimously.
Chairman Dinning briefly discussed general matters pertaining to snowmobiling.
Commissioner Kirby left the meeting at 10:52 a.m.
Deputy Clerk Nancy Ryals joined the meeting at 10:56 a.m.
Commissioner Cossairt moved to write off 25% on indigent accounts 2014-43, 2010-30 and 2010-28, but not to waive notice of foreclosure. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:57 a.m.
Commissioners tended to administrative duties.
There being no further business, the meeting adjourned at 11:23 a.m.
_______________________________________
DAN R. DINNING, Chairman
ATTEST:
______________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk