***Monday, October 5, 2020, 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.
Commissioners gave the opening statement 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. A written report was presented.
Ms. Nelson informed Commissioners that work on the Deep Creek Bridge #3 wingwall project started today. A person on Solomon Lake Road has taken his tractor and built speed bumps on this road so Road and Bridge will look into that.
Ms. Nelson discussed the grader piggyback bid to include hours allowed, etc. Chairman Dinning said the ultimate difference between the two companies was $24,000.00 in buyback figures. Ms. Nelson recommended the John Deere grader through Pape Machinery.
Commissioner Kirby moved to accept the piggyback bid offer from John Deere/Pape Machinery for a grader for a cost of $312,500.00, a cash trade-in, a buyback of $219,000.00 and annual payments of $26,373.47. Commissioner Cossairt second. Motion passed unanimously.
The back log for addressing is moving forward, according to Ms. Nelson. Ms. Marley has been great in processing applications for review. Ms. Nelson asked about the ability to take care of the older applications as some of them are just waiting for a document, etc., and people submitting new applications are trying to get an address for utilities, etc., but we should be taking care of the older applications. Ms. Nelson said she doesn’t want it to be a problem. Commissioner Cossairt agreed that the older applications need to be taken care of and processed ahead of the newer applications.
Those present discussed the utility easement agreement and correction of the legal description for the City of Bonners Ferry easement near the county’s gravel pit in Moyie Springs. The correction is in progress, according to Chairman Dinning. Commissioners informed Ms. Nelson that they had visited with City of Bonners Ferry Administrator Lisa Ailport about the easement and the City is going to fix the legal description. EL Internet is well aware of what the county is working on, according to Chairman Dinning.
Commissioners talked to Mr. Morris about using Quikrete as a base on the Westside Road project. Mr. Morris said he doesn’t think Road and Bridge is using more than four to six inches with fabric on top.
9:11 a.m., Commissioners held a bid opening for the county’s fuel supply for fiscal year 2020-2021. One sealed bid was received from Dyck’s Oil and Auto. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Co-Superintendents Renee Nelson and Randy Morris. The bid opening was recorded.
Bid details are as follows: Unleaded gasoline at 1.723 per gallon at an estimated 10,000 gallons for a cost of $19,030.00. Ultra low sulfur diesel #2 (dyed) at 1.228 per gallon at an estimated 40,000 gallons for a cost of $56,320.00. Ultra low sulfur diesel #2 (dyed) at 1.228 for a portion of this diesel to be delivered to the county shop. Diesel #1 (dyed) at 1.615 per gallon at an estimated 1,000 gallons for a cost of $2,000.00 The overall bid total was $77,350.00. The bid also included a check, as a bid bond in the amount of $3,868.00, which is 5% of the total amount bid.
It was said there is no cost record for delivery to the Road and Bridge shop. Chairman Dinning said the bid sounds low so the price must be less.
Commissioner Cossairt moved to accept the bid of $77,350.00 from Dyck’s Oil and Auto for the county’s fuel supply for fiscal year 2020-2021. Commissioner Kirby second. Motion passed unanimously.
The bid opening ended at 9:19 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 hearing, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:35 a.m. No action was taken.
The meeting with Ms. Nelson and Mr. Morris ended at 9:35 a.m.
Commissioners tended to administrative duties.
Commissioner Cossairt moved to adopt Resolution 2020-30. A resolution to establish the Selkirk Cooperative Weed Management Grant Revenue Account and Expense Budget due to receipt of unanticipated revenue from the Idaho Department of Agriculture. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-30 reads as follows:
RESOLUTION 2020-30
ESTABLISH THE SELKIRK COOPERATIVE WEED MANAGEMENT GRANT REVENUE ACCOUNT
AND EXPENSE BUDGET DUE TO RECEIPT OF UNANTICIPATED REVENUE
FROM THE IDAHO DEPARTMENT OF AGRICULTURE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2019-2020, and
WHEREAS, Boundary County is a participant in the Idaho State Department of Agriculture Cost Share Program and the Selkirk Cooperative Weed Management Area, and
WHEREAS, the Selkirk Cooperative Weed Management Area has developed a plan for implementing noxious weed management projects in 2020, and
WHEREAS, the Boundary County Auditor’s Office has agreed to administer the financial portion of the plan, and
WHEREAS, upon the advice of the Boundary County Outside Auditor, a grant fund is to be established to facilitate financial administration of the plan, and
WHEREAS, $37,800.00 in unanticipated State Cost Share Funds has been received from the Idaho Department of Agriculture for that purpose, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to establish the Selkirk Cooperative Weed Management Grant Revenue Budget Account Number 63-00-340-00 in the amount of $37,800.00 from revenue received in fiscal year 2019-2020, and
WHEREAS, it is appropriate to establish the Selkirk Cooperative Weed Management Grant Expense Budget Account Number 63-00-709-00 in the amount of $37,800.00 in order to pay noxious weeds cost share expenses.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the establishment of the Selkirk Cooperative Weed Management Grant Revenue Budget Account Number 63-00-340-00 and Expense Account Budget Account Number 63-00-709-00 in the amount of $37,800.00, is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
PASSED this 5th day of October 2020 to be effective September 30, 2020.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/____________________________
Walt Kirby, Commissioner
ATTEST:
s/________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #283740
Commissioner Cossairt moved to adopt Resolution 2020-31. A resolution amending the schedule of starting wages. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-31 reads as follows:
RESOLUTION 2020-31
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 2019-19 on August 26, 2019 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 10/1/2020 10/1/2020
1 9.41 9.58
2 9.91 10.09
3 10.44 10.64
4 10.99 11.19
5 11.60 11.82
6 12.21 12.45
7 12.89 13.13
8 13.60 13.86
9 14.33 14.60
10 15.14 15.43
11 15.99 16.29
12 16.88 17.20
13 17.84 18.17
14 18.83 19.20
15 19.89 20.27
16 21.03 21.42
17 22.22 22.65
18 23.49 23.93
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, 2020. PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 5th day of October 2020.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_______________________________
Dan R. Dinning, Chairman
s/________________________________
Wally Cossairt, Commissioner
s/________________________________
Walt Kirby, Commissioner
ATTEST:
s/____ ___
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #283741
Commissioner Cossairt moved to adopt Resolution 2020-32. A resolution to establish fire mitigation grant revenue account and expense budget due to receipt of unanticipated revenue from the Idaho Department of Lands. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-32 reads as follows:
RESOLUTION 2020-32
ESTABLISH FIRE MITIGATION GRANT REVENUE ACCOUNT AND EXPENSE BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM THE IDAHO DEPARTMENT OF LANDS
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2019-2020; and
WHEREAS, $289,314.52 in unanticipated grant funds has been received from the Idaho Department of Lands (IDL) for fire mitigation purposes; and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and
WHEREAS, it is appropriate to establish the Fire Mitigation Grant Revenue Budget Account Number 102-00-324-011 in the amount of $289,314.52 from revenue received in fiscal year 2019-2020; and
WHEREAS, it is appropriate to establish the Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $289,314.52 in order to pay fire mitigation grant expenses.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the establishment of the Fire Mitigation Revenue Budget Account Number 102-00-324-011 and Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $289,314.52 is hereby authorized and ordered; and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
PASSED this 5th day of October 2020 to be effective September 30, 2020.
COUNTY OF BOUNDARY
BOARD OF COMMISSIONERS
s/_____________________________
DAN R. DINNING, Chairman
s/_____________________________
WALLY COSSAIRT, Commissioner
s/_____________________________
WALT KIRBY, Commissioner
ATTEST:
s/_____________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #283742
Commissioner Cossairt moved to sign the Certificate of Residency for Mackenzie Mendenhall. Commissioner Kirby second. Motion passed unanimously.
Chairman Dinning informed Commissioners that Clare Marley with Ruen-Yeager will meet with Commissioners about Planning and Zoning matters and she will also inquire about the ability to change the meeting day of the County’s Planning and Zoning Commission meetings and hearings.
Commissioners reviewed year end claims. Fund totals are as follows:
Current Expense $ 50,158.29
Road & Bridge 57,108.19
Airport 1,060.23
District Court 3,263.90
Justice Fund 38,350.60
911 Funds 7,174.66
Indigent & Charity 12,552.00
Parks and Recreation 7,765.46
Solid Waste 26,646.34
Veterans Memorial 91.22
Weeds 12,015.85
Restorium 6,981.29
Waterways 814.38
Grant, Airport 19,206.89
Grant, Selkirk Coop Weed Mgmt 30,407.48
TOTAL $273,596.78
Trusts
Boundary Co. Drug Court Trust 1,434.83
Interlock Device Fund 19.50
Indigent Reimbursements 27,793.69
Sheriff’s Trust Fund 905.00
Odyssey Bond Trust Account 300.00
TOTAL $30,453.02
GRAND TOTAL $304,049.80
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2019-2020).
Commissioner Kirby moved to approve year-end claims for fiscal year 2019-2020. Commissioner Cossairt second. Motion passed unanimously.
Commissioners addressed the Idaho Office of Emergency Management 2020 Emergency Management Performance Grant (EMPG) Award Agreement. The grant is $31,646.00 with a match of $15,823.46.
Commissioner Cossairt moved to sign the Idaho Office of Emergency Management 2020 Emergency Management Performance Grant (EMPG) Award Agreement for the match amount of $15,823.46. Commissioner Kirby second. Motion passed unanimously.
Solid Waste Department Superintendent Claine Skeen joined the meeting at 9:55 a.m.
Mr. Skeen said the roll off containers purchased through the Coronavirus Aid, Relief and Economic Security (CARES) Act are to be completed October 22, 2020. Chairman Dinning asked if that means the Naples site will be able to open seven days per week again. Mr. Skeen said he would like to maintain the three day a week schedule. All three rural sites will have a container for metal and another container for wood. Mr. Skeen added that there are still two rural site monitor positions that have not been filled. Chairman Dinning said the Naples site is the most used site so we need to get that open. Mr. Skeen said with six containers he will add two more to the site. The next step would be to hire the staff needed in order to open the rural sites more days. Mr. Skeen added that the majority of negative comments he is hearing are in regard to people having to haul metal or wood to the landfill as opposed to the issue being the number of days the sites are open. Clerk Poston questioned what the demand is. Mr. Skeen said the scenario right now is working well. Chairman Dinning said he’s hearing from the public that they would like the Naples site open seven days per week. Mr. Skeen said it is very convenient to have it open, but those sites are open three days per week and the landfill is open seven days per week. Chairman Dinning said we need to keep in mind the service to the public. Mr. Skeen agreed. Chairman Dinning said the comments he has received are for having more days open so he’s looking to find out when we can look at having the rural sites open more days. Mr. Skeen said if Commissioners want to open the monitored sites two more days per week, the county needs to hire two more employees. Mr. Skeen said the three days per week schedule is working well and he does understand the public’s comments. Clerk Poston asked how many people are calling. Chairman Dinning said he’s had two people call him. Chairman Dinning said let’s give it some thought. The landfill is still open seven days per week. It was said if the county only opens one rural site more days per week, the county will have more people voicing complaints.
Those present discussed tires. Clerk Poston asked if tires were hauled out in September. Mr. Skeen said yes and that was paid for. Clerk Poston listed the number of staff members the Solid Waste Department has. Those present suggested disposing of more tires. Clerk Poston said Mr. Skeen has budget of $40,000.00 for tire removal. Mr. Skeen asked Commissioners if they want him to have five more loads hauled out. Clerk Poston said carry forward for the landfill is good. Mr. Skeen commented that he has not received any response for the landfill operation plan, which was sent to DEQ on September 24, 2020.
Mr. Skeen said he’s looking into the cost for baling metal.
The meeting with Mr. Skeen ended at 10:20 a.m.
10:21 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the department report.
Ms. Brown said the numbers of those on various types of probation are about the same. The domestic battery cases are higher than normal and cases of those on juvenile probation are down right now. Ms. Brown informed Commissioners of a free course for parents called the Leveraging Evidence to Activate Parents (LEAP) and this program helps parents in working with their kids who are on probation. It doesn’t cost anybody anything and now is a really good time to offer this course, according to Ms. Brown. It provides for the ability to get more parents involved as issues seem to be well over 50% a parent problem and that’s being conservative. Parents don’t seem to know how to say no or know how to handle problems with teenagers. Ms. Brown mentioned not having as many cases.
10:35 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or discipline of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:39 a.m. No action was taken.
Commissioners discussed going forward with the Leveraging Evidence to Activate Parents (LEAP) Program for the Probation Office. This is a new program and they’re trying to get counties involved. Ms. Brown said this is a project that has national grant funding for this training.
The meeting with Ms. Brown ended at 10:44 a.m.
Commissioners tended to administrative duties.
Courthouse Maintenance John Buckley joined the meeting to give the departmental report. Mr. Buckley said every free moment he has is spent working on the protector screens. The screens for the upcoming election are done. Those present discussed paint colors for what is now Prosecutor Jack Douglas’s Office. Chairman Dinning said we can take a look at carpet, paint and lighting. Mr. Buckley said he would take a look after the meeting.
Mr. Buckley discussed plowing snow and he said he first gets the Courthouse ready, then clears the parking lots at the armory and fairgrounds if need be. Mr. Buckley said he would normally push snow at the armory into the compound area, but now that it’s being used 24/7, what is going to happen there. The snow also has to be kept off the electronic gate and that needs to be tended to when he’s not here. It was said the Sheriff’s Office has an ATV with a plow as well as a snow blower. Chairman Dinning said Commissioners will have to visit with the Sheriff about that. Mr. Buckley commented that the airport has a nice vehicle with a plow on it that they are going to want to surplus. Commissioners suggested leaving the fairgrounds and Park and Recreation area for those boards to handle. Clerk Poston clarified that Memorial Hall is not a fairgrounds entity. Mr. Buckley said he does plow the entire parking lot at the fairgrounds if it hasn’t been done and it’s at the end of his run. Chairman Dinning said there is another staff member with equipment who can clear snow. Clerk Poston said there is Memorial Hall and the Fair’s maintenance person is not going to plow. Mr. Buckley said the Restorium has a very nice walk behind snow blower.
The meeting with Mr. Buckley ended at 10:14 a.m.
10:14 a.m., Public Defender Attorney Serra Wood joined the meeting.
Attorney Wood informed Commissioners that her last day is October 15, 2020 and Attorney Linda Payne is interested in a public defender position, but she cannot start until January. Attorney Wood added that she will have Ms. Payne contact Commissioners. Clerk Poston said Attorney Wood had mentioned maybe being interested in continuing as a public defender if she can participate via Zoom. Attorney Wood commented that she would need to be present at trials, etc. Commissioners mentioned extending the contract and Clerk Poston suggested the contract be reworded with regard to appearing via Zoom unless there is a trial. Chairman Dinning said then we can take a step back to see how this method is working as either party may have issues. Attorney Wood said she normally communicates with her clients via telephone.
10:21 a.m., Supervisory Court Clerk Della Armstrong joined the meeting at Commissioners’ request to be updated on the matter of Attorney Wood’s contract for public defense. Court Clerk Armstrong listed various issues or situations that could arise.
Attorney Wood and Court Clerk Armstrong left the meeting at 11:25 a.m.
Chairman Dinning informed Commissioners that Ziply is digging through Mission Creek Water Association’s lines.
11:30 a.m., University of Idaho Extension Office Educator Amy Robertson joined the meeting. Ms. Robertson informed Commissioners that the University of Idaho is looking to get high speed internet for the Extension Office. A representative from the University of Idaho suggested using the county’s fiber in order to keep costs down and it would provide 1 gigabyte. Ms. Robertson said she would provide contact information if Commissioners wanted to talk with someone from the University of Idaho. Chairman Dinning said Commissioners would need to know and understand if there were to be any impacts to the jail in using the same fiber and Ms. Robertson clarified that it’s using the fiber to the armory, not the jail located downtown and she explained that the plan is to install service where there would be wireless access. With the internet now, so many courses have moved online and it’s too much for the current system. Commissioners said they would talk with Matt Hodges with Computer Arts and go from there. The University of Idaho would be paying for this and there wouldn’t be an increased charge after.
The meeting with Ms. Robertson ended at 11:40 a.m.
Commissioners recessed for lunch at 11:45 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Treasurer Sue Larson joined the meeting.
Treasurer Larson presented letters to Commissioner with requests to place figures on the tax rolls for collection. Treasurer Larson explained that not all fees are delinquent as the Solid Waste fees, Idaho Department of Lands fees, drainage district fees, and Avista gas fees are just being charged normally to the tax roll.
Commissioner Kirby moved to certify delinquent charges for Cabinet Mountains Water District, Three Mile Water District, and delinquent yield taxes and delinquent mobile home property taxes to the 2020 Real Property Roll for collection. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Kirby moved to certify fees for Solid Waste, Translator District, Idaho Department of Lands, Avista, and Drainage Districts No. 1, 2, 4, 5, 6, 8, 10, 13, and 15 to the 2020 Real Property Roll for collection. Commissioner Cossairt second. Motion passed unanimously.
Clerk Poston informed Commissioners that invoices for the Idaho Coronavirus Aid, Relief and Economic Security (CARES) Act Broadband grant are being sent to Panhandle Area Council where they’re being verified as there have been some discrepancies. Commissioners should approve payment of these when the invoices are ready. The county submits the invoice along with a letter to the State of Idaho, Treasurer Larson will receive the funds and the request for payment will come from Commissioners. Clerk Poston questioned if Commissioners should approve invoices submitted to the state.
Commissioner Cossairt moved to cancel $81.76 in taxes, $178.40 in fees and $5.20 in penalties, plus the current interest for parcel #MHM0740002006DA for the 2019 mobile home taxes and to certify to the real property roll for collection. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to cancel $20.36 in taxes, $178.40 in fees and $3.98 in penalties, plus the current interest for parcel #MH60N01W34899AA for the 2019 mobile home taxes to certify to the Real Property Roll for collection. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to cancel $14.72 in taxes, $95.52 in fees and $2.21 in penalties, plus the current interest for parcel #MH002700020310A for the 2019 mobile home taxes to certify to the Real Property Roll for collection. Commissioner Kirby second. Motion passed unanimously.
Treasurer Larson left the meeting at 1:48 p.m.
2:05 p.m., Commissioners held a public hearing in the Extension Office to consider the use and purpose of land owned by Boundary County commonly referred to as Tamarack Drive located south of Safeway and outside the limits of the City of Bonners Ferry, Idaho, and to accept public comment. Present were: Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Matt Philbrook, Douglas Ladely Sr., Barbara Ladely, Mike Ladely, Cori Ladely, Donna Wilson-Funkhouser, and Lake City Law Attorney Fonda Jovick who is representing Matt Philbrook and the Ladely family. Chairman Dinning was not present at the hearing due to a conflict of interest. The hearing was recorded.
Commissioner Cossairt stated that the subject property was granted to the county through a quit claim deed. There were no reservations on the deed for ingress/egress to the public. It is also not a part of the county road system and it has not been maintained by Boundary County Road and Bridge. Historically this property has been used for access to contiguous properties and it intersects with Tamarack Lane. Chairman Dinning has a conflict of interest due to a relationship with a third party. The purpose of the hearing is to allow public comment on the use of this property and to determine the county’s use of the property going forward. The order of the minutes shall proceed as follows: The Commissioners would hear from Boundary County Road and Bridge as to the historical use of the property; the hearing will then be opened up to the public for comment. Each member of the public will be asked to fill in the sign up list. Prior to speaking we ask the member of the public to state their name and address. Public comment should be directed to the Commissioners allowing each to obtain as much information about the historical use of the property and how the public would like to see this property used going forward. At the conclusion of the public comment, Boundary County Road and Bridge will have an opportunity to make any further comment. After Road and Bridge has completed its comments then the comment portion of the hearing shall be closed. The Commissioners shall then discuss and deliberate as to any action that should be taken, if any.
Commissioners asked Road and Bridge Co-Superintendents for comments. Ms. Nelson said Boundary County’s current Road and Bridge crew has never maintained Tamarack Road as a county road. The road maintenance files of county roads don’t contain any maintenance records for either Tamarack Lane or Tamarack Drive. There is a miscellaneous road file that includes information on abandonments and other questions and in this file a letter dated November 2, 1983, was found where the clerk at that time had asked Chuck Morgan, who was superintendent of Road and Bridge, for records including maintenance of the road, usage of the road, etc., and according to the letters no information was found. There are no written records indicating that this property was at any time accepted as a county road or maintained by Boundary County. Dick Brown was the Road and Bridge Foreman for a number of years and also states that it was never maintained by Boundary County. At that time, they did not recommend the county accept this road or to build a new road at this location. Ms. Nelson said the only thing Boundary County has done with the roads as private roads was to assign addresses, such as assigning addresses to homes on Tamarack Lane and as for Tamarack Drive, they assigned an address for Ladely Family Trust and Matt Philbrook. The only other thing Ms. Nelson said was in the file was in year 2017 there was a conditional use permit applied for by Matt Philbrook for a six-plex on Tamarack Drive. This conditional use permit was approved by Planning and Zoning with the stipulation that the applicant must provide maintenance for Tamarack Drive. Ms. Nelson said other than that we have no other usage or maintenance of those roads.
Commissioner Cossairt asked for public comment. Fonda Jovick stated that she is an attorney with Lake City Law and she is representing Matt Philbrook and the Ladely Family Trust. Attorney Jovick said this matter was noticed as a public hearing and she requested the hearing be continued for 30 days for a variety of grounds. Attorney Jovick commented that she had submitted a records request on September 22, 2020, for all the information the county has on this parcel of land and she only received the documents this morning after making a call. Attorney Jovick said she understands that the gentleman that she sent the request to had retired just before she sent the request, however pursuant to the Local Land Use Planning Act, records requests for land use are required to go to the Planning Department so sending and seeking records from that department was completely appropriate.
Attorney Jovick said there are a number of legal options available to her clients as it relates to what happens with this county property. Attorney Jovick requested that Commissioners not make a decision on this matter today if they chose to not postpone the hearing so everyone involved has the opportunity to have all of the information before a decision is made and so that Commissioners can make the most informed decision. Attorney Jovick commented that the public notice does not provide that this matter is going to be an action item. It also doesn’t appear there is an application in front of Commissioners to have something in particular done to this property. There are a number of assumptions being made that there is a desire for something to be done to this property, but the notice isn’t giving her clients the opportunity to evaluate what Commissioners are being asked to decide on, yet the agenda does say the hearing will result in an action item. As an alternative to continue the hearing entirely Attorney Jovick said she would request a hybrid of that, which is to continue the hearing for 30 days and not take any action today. With regard to what may or may not be before Commissioners, historically it’s important for Commissioners to know that this road has been used as a private drive. That it has been maintained as a private drive by the Ladely family and Matt Philbrook for over 60 years. Attorney Jovick said the only citizens who will be affected by Commissioners’ decision are her clients and they will be negatively affected. Without a pending application or any sort of presentation in the form of a staff report that would’ve been publically noted up, there are assumptions that have to be made so all of the presentation has to be given to you based on those assumptions. Attorney Jovick said to the extent Commissioners are remotely being asked to accept this grant of deed in the form of a private right-of-way, she would like to point out that she doesn’t feel Commissioners can meet the elements of Idaho Code Section 40-202. That Commissioners would have to be able to make a finding of necessity of public travel in order to dedicate this as a private right-of-way. To do so Commissioners will have to show five years of continuous public use and continuous maintenance by the county. There will have to be evidence to that effect and as we sit here today and with the information she has, she just doesn’t think Commissioners have that kind of evidence and the staff report today reflects that.
Attorney Jovick said her clients have a desire to work on this process amicably, but they have the right to be fully informed as to what the intention of the county is. Attorney Jovick said her clients have the right to know what the intention is, the end goal, who the applicant is and what the intended use for the property is and they have the right to respond to that appropriately. Her clients have legal rights as it relates to 60 years of maintenance, as it relates to their contiguous properties, a right to request and submit a formal request for abandonment if Commissioners were inclined to dedicate this as a public right-of-way. They have a right to request that the property be deeded to them equally in exchange for not seeking reimbursement for 60 years of maintenance. Attorney Jovick said with that she would request the hearing be continued so that her clients are allowed the time they need to evaluate their legal options based on information Commissioners do or don’t have before them. If Commissioners are going to notice this matter up for a second public hearing or a continued public hearing, that Commissioners provide to her clients who the applicant is at the very least and what the intended use is for the property, if in fact Commissioners do have an idea of what that might be.
Commissioner Cossairt said he felt this was a simple issue. Commissioner Cossairt said the issue before them, as far as Commissioners are concerned, is that nobody has legal access to their property. It’s county property and it’s not a right-of-way so everybody’s been trespassing on it for 100 years. Attorney Jovick said it’s designated on the county’s GIS system as a dedicated private roadway. Commissioner Cossairt said it was never accepted into the system and that’s the issue. Commissioners have a letter from Katherine Shively Allen and her father supposedly deeded this property to the county in 1918 and it was never recorded. Ms. Jovick said Commissioner Cossairt is squarely hitting Idaho Code 40-202. Commissioner Cossairt said all Commissioners want to do is get legal access for everybody so why can’t we settle this right now? Don’t these people want legal access to their property? Attorney Jovick said her clients don’t want a legally dedicated public right-of-way. Commissioners Cossairt said the road doesn’t go anywhere so he doesn’t understand the issue as there won’t be people driving in there turning around all the time. Most people don’t even know this road goes in there so as far as traffic for him it’s not an issue. Commissioner Cossairt reiterated that this is a simple issue and the people don’t have legal access to their property and Commissioners are trying to get them legal access. Attorney Jovick said if the county is looking to give them legal access, in what manner are Commissioners intending to make that happen as that could happen in a variety of different ways.
Commissioner Kirby said the easiest way to handle this is to walk away from it and ignore it. If the residents there would like to have a private trail through there, come ask the county for an easement; right-of-way easement. Attorney Jovick said that’s 100% correct, but her clients also have a right to have time; just the 30 days so they can do what they need to do. Commissioner Kirby said Attorney Jovick can speak with her clients privately and tell them exactly that. That Commissioners need a conditional use permit and that takes care of it and he can build a private road back there. Attorney Jovick said if Commissioners are willing to close the hearing without taking action, that would be completely appropriate right now and then the goal would be to have some sort of pre-hearing meeting. Commissioner Kirby said yes, Commissioners don’t mind and can just make an application for whatever they want and see what happens. Isn’t that the easiest way? Commissioner Cossairt said the easiest way is to settle this right now and he doesn’t understand the problem.
Ms. Nelson stated that she might be able to add some information and she added that she also doesn’t understand all of the legal ends. According to notes the mapper indicated, looking at the deed work, the area was deeded to the county, but records don’t indicate the county ever accepted it. So the question is if that indicates maintenance. There wasn’t maintenance. Can there be a private road on county property? Ms. Nelson said according to some of the minutes, she wasn’t there, but there was discussion with County Civil Attorney Tevis Hull. There were questions that came up as to the right-of-way, who could use it, etc. Attorney Hull did mention Idaho Code 40-202 and trying to determine it being a private road. Is there an easement that can be used privately, although it’s public? Ms. Nelson said she would guess with the addresses being assigned, you have two of the property owners here at the hearing that have addresses and would a way that Commissioners choose to take care of this provide access easement to these families only or does it go beyond that point? If it does go beyond this point, what affect does it have on these property owners and it does seem that maybe it wasn’t so clear.
Commissioner Kirby said he thinks he and Commissioner Cossairt are saying the same thing only using different words. It would occur to him that it’s no question, it’s county property. Attorney Jovick said that is one of the legal questions. Commissioner Kirby commented on needing to have the county civil attorney involved. Commissioner Kirby said to him this is a mess already, mainly because Attorney Jovick raised so many questions that it’s beyond Commissioners. Commissioner Kirby commented on going through this for nothing and if we would’ve left it alone and let it come out, there would’ve been a public hearing and the result would be some kind of conditional use or use permit, etc., that the county would’ve provided for the landowners, in perpetuity, for access. All of that would’ve been done and nobody would be sitting here wondering what is going on. Commissioner Kirby said we need to prolong this until Commissioners have their attorney, who is out for a couple of weeks. Maybe we can get back to this in November. That’s the way it will have to be until Commissioners have sufficient legal representation.
Commissioner Kirby moved to continue the hearing until a later date. Commissioner Cossairt second. Motion passed unanimously.
The hearing ended at 2:30 p.m.
3:00 p.m., Restorium Administrator Karlene Magee contacted Commissioners via conference call to provide a department report. Ms. Magee said a representative from Bee Safe stopped by the Restorium and informed them he is still having problems getting all of the product for the Restorium. Ms. Magee mentioned to Commissioners that she will have two applications submitted for the CARES Act funding. The first application is in the stage of being processed at this time. The additional distribution will be coming out and Ms. Magee said she will apply for more funds.
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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 3:15 p.m. No action was taken.
Commissioners tended to administrative duties.
3:35 p.m., Commissioners discussed matters pertaining to the county’s public defenders. The county has a public defender who was not able to renew their contract, but she later came back with a proposal to still provide her services via Zoom then fly back when needing to attend trials. Chairman Dinning said he would need to contact the Public Defense Commission to see if there are valid concerns. There is the ability to make contact remotely. It was said that there may be attorneys interested in the vacancy for public defender. Commissioners said the period of coverage they need to fill at this point is October, November and December. Chairman Dinning reiterated that he would contact the Public Defense Commission about the proposal.
3:33 p.m., County resident Mandy Lammers stopped by Commissioners’ Office to clarify discussion she heard over the conference call line at this afternoon’s public hearing regarding Tamarack Drive.
Ms. Lammers left the meeting.
Boundary County Economic Development Director Dennis Weed joined the meeting at 3:55 p.m.
4:00 p.m., Mr. Weed provided Commissioners with an update on Verizon and improving service once Verizon does work to their equipment on the Black Mountain tower. Mr. Weed said work at the tower is expected to be complete and operational by the end of this week and after tuning up the equipment, it will be optimized, which should take place sometime in the first week of November. That is when the best signal will kick in. Mr. Weed said he would let Commissioners know if there is a change in that.
Unemployment for Boundary County is almost at the level it was at prior to COVID-19. Unemployment is currently at 4.9% whereas we had been at 4.4% prior to the pandemic. Boundary County is between 60% and 70% for the census. The statewide census is a higher number, but Boundary County was lower as far as numbers.
Mr. Weed said North Idaho College will still be using the high school in the winter and they are going to have a meeting there shortly.
Mr. Weed said he contacted the Department of Environmental Quality (DEQ) about the City of Moyie Springs getting payment for the sewer project. More than likely it will be DEQ who will pay as the Moyie Springs doesn’t have those funds in the sewer budget. Mr. Weed said the other issue is that the number of members for the City of Moyie Springs is getting close to 100. Chairman Dinning said someone stopped by Commissioners’ Office last week to ask if the county would give up its share of 100 members so he could use those shares. Mr. Weed said he will remind the City of Moyie Springs about the county’s share of usage, which is also at 100.
Commissioners and Mr. Weed discussed how Three Mile Water Association and Cabinet Mountain Waters District are having real issues with their water capacity right now.
Mr. Weed informed Commissioners that the Innovia Foundation is in its third round of grants and they would like to ensure that school kids have access to the internet, such as paying for families to have internet at home. Chairman Dinning said the last time the Governor had a conference call, the counties had a program proposed for funding a certain amount for families for internet services.
Mr. Weed said he’s hearing people talking about there being another food shortage this winter so he will see what he can find out.
Chairman Dinning said with the Idaho CARES Act Broadband Grant, EL Internet is wrapping up a project and they’re looking into the process of invoicing. The county’s role in the process of requesting funds is not certain yet and Chairman Dinning questioned how funds are distributed. It was said a check comes to the county and the county will write a check to EL Internet. Clerk Poston said Nancy Mabile with Panhandle Area Council is to be calling her tomorrow afternoon about this. Ms. Mabile is now checking and auditing a request for EL Internet and going over inaccuracies, but she will send a request to the county to issue payment. Clerk Poston listed the process to follow concerning payments. Chairman Dinning mentioned the process of verifying that information represented by the vendor is accurate. Mr. Weed explained process of vendors checking each other’s projects.
Chairman Dinning commented that he received a call form a member of the Mission Creek Water Association informing him that Ziply is tearing into their water lines and they don’t seem to care. Mr. Weed agreed and said he would get Chairman Dinning said the contact information he needs for that. There was discussion of there being approximately $50,000.00 worth of damage to Mission Creek Water’s system. Mr. Weed said it’s the work done by the subcontractor that Ziply hired and he added that the same thing happened to Alta Mill when Fatbeam installed fiber. Mr. Weed clarified that EL Internet is doing work with fiber in the Deep Creek project area and possibly one other area, but Intermax is not doing any fiber.
The meeting with Mr. Weed ended.
Commissioners contacted Clare Marley with Ruen-Yeager via telephone at 4:35 p.m., to discuss Planning and Zoning matters.
Ms. Marley asked if the outgoing voicemail message on the Planning and Zoning Office phone could be changed to give contact information to her office directly. Assistance is also needed to update the website as well. Ms. Marley said the Planning and Zoning Office received 12 applications today and 7 last Friday and she and her staff are trying to work through the older applications while keeping the new applications moving as well. It’s best to work through older applications as the telephone calls keep coming in for status checks.
The call to Ms. Marley ended at 4:40 p.m.
There being no further business, the meeting adjourned at 4:50 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk