***Monday, September 10, 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.
County resident Marty Martinez and Blue Sky Broadcasting Reporter Mike Brown were in attendance of the meetings off and on throughout the day.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to present a department report. A written report was presented. Mr. Kimball said last week Road and Bridge had paved the two bridges on Lions Den Road and he had to hire a paver by the hour, but it was a real buy. The mix was from Wood’s Crushing and Hauling and the job came out pretty good. Commissioner Kirby said there is reimbursement associated with these two bridges.
Mr. Kimball spoke of the improved school bus and snow plow truck turnaround on Sandy Ridge Road. This week Road and Bridge will be able to work on Fry Creek and send information to the Federal Emergency Management Agency (FEMA). Mr. Kimball said Road and Bridge is working to crush rock and doing the normal work to include doing a little bit of brush cleanup this morning. Mr. Kimball said he needs to do a culvert project on Parker Creek Road and Kerr Lake Road as the existing culvert is crushed. Mr. Kimball explained the location of this culvert to Commissioners.
Mr. Kimball said he will send over the independent contractor agreement as it pertains to the logs on Deep Creek Loop and Lions Den Road. Mr. Kimball informed Commissioners that he has been approached by people wanting to buy the logs for fire wood. Commissioner Pinkerton discussed the costs associated with this type of transaction and those present questioned how to determine what is fair in that case. Chairman Dinning informed Mr. Kimball that Commissioners have the load tickets, but the hauler will need to return the unused tickets to Commissioners.
Mr. Kimball said when he got papers from the state on scalping from the Eileen Pit, they were offering it to him at $0.98 per yard to buy the sand. The sand from the landfill is very fine powder and this material is granular and has larger grains of sand so Road and Bridge could do considerably less sanding using this other material. Road and Bridge would probably want to load this material and haul it to Moyie Springs pit, screen it there to have the full value of having the rock as well. This sand would stay on the road a lot longer, Road and Bridge wouldn’t need to use as much of it and the pile would experience less freezing as this material will drain better. Mr. Kimball said Road and Bridge typically uses 5,000 to 6,000 yards of sand per year, but it can be hard to predict winters. Commissioners informed Mr. Kimball that they were okay with that.
Chairman Dinning said he spoke to both Mike Sheppard Sr. and Mike Sheppard Jr. and they have had no contact with Elk Mountain Farms about items placed near the road they use. There is paperwork on the original plat and the easement is 20 feet. Chairman Dinning said the county cannot adversely possess access for that type of subdivision, he believes, so the county cannot use the “historically just because we’ve done it” situation. Congress has authorized this plat before there was a Boundary County, according to Chairman Dinning. The Sheppards are moving what items they can, but he wants to get to the bottom of the communication confusion. Chairman Dinning said in his mind, he knows how Elk Mountain Farms has harvested before and he doesn’t recall them using this particular road. Chairman Dinning said it was mentioned that someone had supposedly contacted the Sheppards about needing debris or items moved, but the Sheppards said no one has contacted them. Mr. Kimball said John Kellogg with Elk Mountain Farms had contacted him as he couldn’t reach the Sheppards.
Commissioners said they need to look into the Garvin Williams matter. The concrete pad that Mr. Williams had poured recently could be 5.5 feet to 6 feet over the county’s right-of-way line. Mr. Kimball said he brought in documentation showing that he had spoken to Mr. Williams a couple months prior to the slab having been poured. Mr. Kimball said it’s a tough line to draw between doing what’s right and pleasing the public. Chairman Dinning said he wants to hear from the other party on the matter in Porthill and get all of the information before making a decision.
Chairman Dinning said Commissioners received claims for payment on the Ruby Creek project. Mr. Kimball said claims may come in on Trout Creek as well. There will be a two week turnaround for reimbursement on the Trout Creek project. Clerk Poston questioned when the county might expect reimbursement on the two bridge projects. Chairman Dinning spoke of the possibility of having to stagger payments.
9:30 a.m., City of Bonners Ferry Attorney Andrakay Pluid and City Planner Lisa Ailport joined the meeting.
9:35 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone to receive updates on matters Attorney Hull is working on. Attorney Hull said he’s meeting with Dick Staples and Road and Bridge Department Superintendent Clint Kimball to discuss the Duarte’s approach matter as well as to discuss another piece of property.
Attorney Hull said the county did get a draft memorandum of understanding (MOU) for the Kootenai Tribe regarding Computer Arts Inc. contract. Attorney Hull added that there are additional financial obligations on behalf of the Tribe that hadn’t been included in the contract so he’s waiting on the MOU before having the contract signed. Chairman Dinning informed Commissioners about the possibility of combining contracts for Compute Arts as it may be more beneficial to the county as far as hours. Chairman Dinning said the City of Bonners Ferry is also involved and may take on some of the user fees. Attorney Pluid said the city is aware of taking on user fees, but she also hasn’t seen the MOU. Attorney Hull said he will get in touch with Sheriff’s Office Administrative Deputy Crystal Denton about that information as not everyone understands the financial obligation.
Attorney Hull said he is almost done with the lease with the Kootenai Lumber Company for overflow parking for the boat launch at the Waterways Building.
Attorney Hull said as it pertains to the indigent matter pertaining to property being sold, he was given an offer of $39,300 from the insurance company. The Catastrophic Health Care Cost Program Board had approved a settlement of $44,100, but they are now agreeing to $39,300.
Chairman Dinning updated Attorney Hull on the matter involving Garvin Williams’ concrete slab and he said that Mr. Williams received both new and old information. The old information being information provided to him by Road and Bridge approximately two or three months ago. Commissioners got a different version of the details from the Planning and Zoning Administrator so the county is in the process of developing what they need to do so they need to talk to Attorney Hull again as to how to handle this and Commissioners may take a look at the location of the slab.
9:42 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting.
Mr. Skeen said John Delaney with the City of Bonners Ferry has contacted him and is looking at redoing the concrete sidewalk around the city’s swimming pool as well as replacing four inches of concrete down into the pool and he was wondering if the county needs to charge for disposing of that concrete. Commissioners said they would not charge the city for disposing of this concrete as the fee for that doesn’t take effect until October 1, 2018.
9:45 a.m., Attorney Pluid and Ms. Ailport left the meeting.
Chairman Dinning said Commissioners received a request from the Rotary Club to use the north dumpster site again for their bike riding event. Mr. Skeen said he has no problem with that.
Commissioner Kirby moved to approve the use of the Highway 95/Highway 1 monitored dumpster site at Highway 1 and Highway 95 for the Rotary bike riding event. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Skeen left the meeting at 9:47 a.m.
Commissioners said there are corrections to be made to the updated public defender contract to include the monthly amount, mention of a public office and available technology.
Commissioners said they were in favor of having Chairman Dinning contact Public Defense Commission District 1 Regional Coordinator Aaron Freudenthal about having Mr. Freudenthal advertise for the vacant public defender position in Boundary County.
Commissioner Kirby moved to approve the minutes of August 27 & 28, 2018 and September 3 & 4, 2018. Commissioner Pinkerton second. Motion passed unanimously.
10:00 a.m., Courthouse Maintenance John Buckley met with Commissioners in order to provide an update on Courthouse matters. Mr. Buckley informed Commissioners that he got the air conditioning unit installed in the Appraiser’s Office, which involved updating some electrical, adding that there have been many repairs made to various air conditioning units in multiple offices. Mr. Buckley said he will make some repairs to the Sheriff’s Office roof consisting of heat tape and these are repairs he can do as opposed to hiring the work out. Chairman Dinning questioned if Commissioners need to have the Sheriff’s Office reimburse Mr. Buckley’s budget for time and materials.
Mr. Buckley spoke of having the restrooms at the boat launches pumped out recently as well as getting snow equipment ready for winter. The Courthouse lawnmower is not working at the moment and although it’s fixable, the fix is only temporary. Clerk Poston mentioned the issue of rusty water in the Courthouse. Mr. Buckley said he may make it a routine to run the water to flush out the pipes when he comes in on Mondays. It would be very expensive to redo the plumbing in the Courthouse, but Commissioners do need to look into that.
The meeting with Mr. Buckley ended at 10:10 a.m.
Commissioners discussed adopting a draft ordinance pertaining to limiting parking at county parks, boat launches and the fairgrounds to 72 hours. There will need to be a separate ordinance for the Waterways location.
Commissioner Kirby moved to prepare the fiscal year 2018-2019 Contract for Public Defenders. Commissioner Pinkerton second. Motion passed unanimously.
10:18 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. 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 10:25 a.m. No action was taken.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 40,437.93
Road & Bridge 134,603.05
Airport 4,761.30
District Court 7,691.37
Justice Fund 35,010.46
911 Funds 3,043.96
Indigent & Charity 10,108.72
Parks and Recreation 6,539.03
Revaluation 7,958.47
Solid Waste 14,165.43
Tort 2,490.42
Veterans Memorial 56.19
Weeds 285.90
Restorium 13,753.14
Waterways 253.31
Grant, Boat Safety 222.48
Grants, Fire Mitigation 28,173.11
TOTAL $309,554.27
Trusts
Auditor’s Trust - *Misc 2,004.99
Boundary Co. Drug Court Trust 153.51
Motor Vehicle Trust Acct 600.00
Insurance Reimbursement Trust 673.00
Odyssey Court Trust Account 21,818.83
Odyssey Bond Trust Account 9,792.25
Odyssey Restitution Trust Acct 3,717.29
TOTAL $38,759.87
GRAND TOTAL $348,314.14
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2017-2018).
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 11:05 a.m. No action was taken.
11:05 a.m., Restorium Administrator Karlene Magee and Assistant Restorium Administrator Pam Barton joined the meeting to provide Commissioners with an update on Restorium matters. Chief Deputy Clerk Tracie Isaac also joined the meeting.
Ms. Barton provided a report on the number of residents as well as updated Commissioners on matters pertaining to income and various expenses, Restorium staff hours, etc. Chairman Dinning discussed matters pertaining to rents that the Restorium hasn’t been able to collect and it was said the county can use a collection agency or file a small claim. It was said the Restorium’s new bus has gone on a couple excursions now. Commissioners were informed that the Restorium was given six hogs and one beef as a donation after the fair. The Restorium has also been given a lift recliner and a lot of produce.
Those present discussed the nursing situation for the Restorium. The topic of a licensed practical nurse (LPN) had been discussed at the last meeting, but that situation has somewhat changed, according to Ms. Magee. Ms. Magee said the current registered nurse (RN) is a bit overwhelmed so she doesn’t know if an LPN will be the best option as it might be better to try to hire a full-time RN and also keep the current RN part-time. Ms. Magee suggested up to 10 hours per week for the current part-time RN. There is a lot of chart work that needs to be done so having only a part-time RN at 10 hours per week alone would be too much, but it would be good to keep her as a backup to a full-time RN. The part-time RN position would be paid hourly. Ms. Magee explained to Commissioners that there is budget for this as the medication coordinator is not interested in a full-time position as had been budgeted for this next year.
The RN would have 30 clinical hours and be required to be on call. The Restorium has had only one application for this full-time RN position, but the pay would need to increase to $46,000 per year.
11:15 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting.
The part-time RN position will pay $14,840 per year and will provide backup and someone to alleviate the workload. Ms. Magee said the existing part-time RN already has an Administrator’s License so she could be a backup to Ms. Magee. Ms. Magee said it would be a disadvantage to the Restorium to lose the existing nurse as she is very acknowledgeable. Commissioners provided their recollection of prior conversations. The current RN isn’t choosing to leave the Restorium after all, but she only wants part time work. Commissioner Pinkerton said he is confused as he thought the Restorium was looking for an LPN to work under the RN. Chairman Dinning said the Restorium currently has a part-time RN who works 2.5 hours, four days per week. Ms. Magee wants a full-time RN to take some of the load off the part-time RN, who will still come in to stay familiar with the charts. If the full-time RN goes on vacation, calls in sick, etc., the Restorium will still have the part-time RN and there is someone who has their Administrator’s License. Chairman Dinning said in an ideal world, the Restorium would want a committed RN and an LPN, but an LPN will cost just as much as an RN. Commissioners agreed with Ms. Magee contacting the applicant who is interested in the full-time RN position as well as keeping the existing part-time RN. Ms. Magee said depending on how she sets the nursing schedule, the Restorium could have an RN at the Restorium every day and that is very good.
Chairman Dinning said looking ahead, if the LPN only requires oversight, has Ms. Magee contacted Panhandle Health District about utilizing their RN to provide that oversight. Ms. Magee said she has talked to them about that and Public Health Services Administrator Donald Duffy said they cannot even find an RN to facilitate their needs right now. Ms. Magee said she would contact the RN who is interested in the position. Chairman Dinning said the county needs to have an independent contractor agreement of some kind for the RN position.
The meeting with Ms. Magee and Ms. Barton ended at 11:28 a.m.
Treasurer Sue Larson joined the meeting at 11:35 a.m.
Mr. Kimball presented Commissioners with the contract with Gary Pinch who is hauling the logs that were cut alongside Lions Den Road.
Commissioner Pinkerton moved to sign the Independent Contractor Agreement with Gary Pinch with Tamarack Ranch as it pertains to hauling logs that were cut in the Idaho Department of Lands’ right of way along Lions Den Road. Commissioner Kirby second. Motion passed unanimously.
Mr. Kimball left the meeting at 11:33 a.m.
Treasurer Larson informed Commissioners that she needs them to tax deed certain parcels going back to year 2013. The title company had indicated at one time these parcels were going to be sold, but that did not occur. Treasurer Larson said the properties belong to Dennis Garrett and the amount owed in taxes to the county is approximately $61,000 so she doesn’t see any reason not to proceed with tax deeding. Commissioners agreed with Treasurer Larson. The parcels are #RPB00000226632A and #RPB00000226633A.
Treasurer Larson left the meeting at 11:34 a.m.
Boundary Community Hospital Board of Trustees Chairman Elden Koon and David Koon joined the meeting at 11:35 a.m. The purpose of their meeting is for Elden Koon to present Commissioners with the Hospital Board of Trustees’s recommendations for new board members to serve on the county’s Hospital Advisory Board.
Elden Koon informed Commissioners that the Hospital Board of Trustees recommends the appointments of Merle Ansley to fill the position left vacant by Jim Paulus and to also appoint Sharlene Delaney to fill the term left vacant by Theron Wages.
Commissioner Pinkerton moved to appoint Merle Ansley to the Boundary Community Hospital Board of Trustees, filling a position left vacant by Jim Paulus, with a term to expire December 31, 2018. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to appoint Sharlene Delaney to the Boundary Community Hospital Board of Trustees, filling a position left vacant by Theron Wages, with a term to expire December 31, 2020. Commissioner Kirby second. Motion passed unanimously.
Elden Koon and David Koon left the meeting.
Commissioner Pinkerton moved to sign the Certificate of Residency for Jesse Olsen. Commissioner Kirby second. Motion passed unanimously.
There being no further business, the meeting adjourned at 11:55 a.m.
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DAN R. DINNING, Chairman
Attest:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk