***Monday, September 24, 2018, at 9:00 a.m., Commissioners met in regular session with Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office attending the annual fall Idaho Association of Counties conference in Boise.

County resident Marty Martinez and Blue Sky Broadcasting Reporter Mike Brown were in attendance of the meetings off and on throughout the day

Commissioner Kirby moved to appoint Commissioner Pinkerton Acting Chairman in the absence of Chairman Dan Dinning. Commissioner Pinkerton yielded the chair to second. Motion passed unanimously.

9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was presented. Matt Hall with HMH Engineering also joined the meeting.

Acting Chairman Pinkerton stated for the record that the agenda had been amended Friday, prior to the start of Monday’s meetings, for the time of 1:30 p.m. to add a visit from Attorney Roland Watson for the purpose of face to face introductions and to discuss matters pertaining to public defense work.

9:00 a.m., Commissioners held a bid opening for the Kootenai Trail Road Repair project. Present were: Acting Chairman LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Superintendent Clint Kimball, MHM Engineer Matt Hall, Marty Martinez, and Alan Winkelseth and Jordan Winkelseth with Wink Inc. The bid opening was recorded.

Commissioners received three sealed bids in total. Bids received were from Wink Inc., S&L Underground and C.E. Kramer Crane and Contracting. The bid from Wink Inc. totaled $1,097,985. The bid from S&L Underground totaled $983,198.20. The bid from C.E. Kramer Crane and Contracting totaled $574,681.90.

Commissioner Kirby suggested the bids be given to the Road and Bridge Department Superintendent Clint Kimball for review with the design engineer.

Commissioner Kirby moved to continue the bid decision until today at 11:30 a.m. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Alan Winkelseth and Jordan Winkelseth left the meeting.

Mr. Kimball reviewed his Road and Bridge Department report and said work is being done on Fry Creek Road this week. Other work included finishing a bit of Federal Emergency Management Agency (FEMA) work this morning on Templeman Road, and crushing at the District 15 pit in expectation of rock needed for the Deep Creek Loop mile post 1.1 and Kootenai Trail/Atkins Canyon projects.

Commissioner Kirby moved to authorize the Acting Chairman to sign the Idaho Transportation Department Local Professional Services Agreement for the Deep Creek Loop, JCT US-95 to Lions Den Road project. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Mr. Kimball informed Commissioners that as it is almost October 1st, he will need to hire a replacement for a Road and Bridge employee who is leaving and he would like to have the Notice of Position Vacancy advertised until the position is filled. Acting Chairman Pinkerton said he doesn’t have a problem with there not being an ending date for this notice and he spoke of having a pool of candidates in order to have the ability to hire the best fit for the position.

The meeting with Mr. Kimball ended at 9:16 a.m.

Commissioner Kirby moved to sign the Certificates of Residency for Molly Flower and Brec Kennedy. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes for the week of September 10, 2018. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioners tended to administrative duties until 9:30 a.m.

Commissioner Kirby moved to sign the Memorandum of Agreement to Support the Community Incentive Program, Re-Entry Program and/or the Mental Health Program for the County Probation Office. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to sign the Law Enforcement Policy Center Idaho Policing Policy Manual Subscription Based License Agreement for the Sheriff’s Office. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to approve the memorandums of understanding associated with the Computer Arts Agreement for the Sheriff’s Office pending receipt of the memorandums of understanding and pending approval of the county civil attorney. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to approve the Addendum to the Airport Manager Agreement for the term of October 1, 2018 to September 30, 2019. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to approve the Boundary County Social Media Policy. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioners tended to administrative duties.

10:05 a.m., Commissioners held a utility hearing as it pertains to the Crossport/Cow Creek Guardrail Project. Present were: Acting Chairman Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Superintendent Clint Kimball, HMH Engineer Matt Hall, Angela Comstock with JUB Engineering, and county resident Marty Martinez. The hearing was recorded. No utility company representative was present at the hearing.

Acting Chairman Pinkerton explained that the utility hearing is being held in accordance with Idaho Code Section 40-312(3) following the guidelines of the Idaho Transportation Department Guide for Utility Management. This hearing is an opportunity for a utility to present objections to possible relocation or adjustments to utility facilities to accommodate the installation of a guardrail along Cow Creek and Crossport Roads for project Key Number 19846. Utilities have been notified that a utility hearing will be held during today’s regular Commissioners’ meetings. Acting Chairman Pinkerton reviewed the hearing procedures to be followed and for those who wish to give testimony. Acting Chairman Pinkerton opened the hearing to testimony.

Road and Bridge Department Superintendent Clint Kimball said there is an area where the telephone line is a little tight. Ms. Comstock explained that there are three utilities within the project vicinity; Northern Lights, Frontier Communications and Transcanada Gas and all of these utility companies have been notified of their opportunity to speak at the hearing. Only the telephone line is an issue. Mr. Kimball said the work areas actually haven’t been identified yet and what has been given to the utilities is the worst case extent. Mr. Kimball said the project has more cost than it has available funding at this time so he will be selecting areas and having a meeting to go over what can be done to lower the cost of the project and stay within guidelines without compromising the project. There are some terminal sections and some areas where there is a gap due to farm land access, but the longer stretches of guardrail are more cost efficient. Some of this may avoid conflicts with phone lines. It was said the utilities do have right to be in the right-of-way, but they can be moved. Mr. Kimball said the utility companies are very busy and may be under funded and both Mr. Kimball and Ms. Comstock added that these issues tend to work themselves out.

Acting Chairman Pinkerton asked if anyone else present had any comments to provide. Commissioners closed the hearing to further comment as no one wished to provide testimony.

Commissioner Kirby moved to require utility companies to accommodate the project and to relocate utility facilities as required for the installation of the guardrail along Cow Creek Road and Crossport Road. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

The utility hearing ended at 10:30 a.m.

10:30 a.m., County resident Timothy Saunders and Treasurer Sue Larson joined the meeting.

Commissioners held a meeting to consider the Hardship Exemption Application for Timothy Saunders for parcel #RP61N01E317281A and #MH61N01E317281A. Present were: Acting Chairman LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, Applicant Tim Saunders, and county resident Marty Martinez. The proceedings were recorded.

Commissioners administered the oath to those giving testimony. Treasurer Larson said her office is starting the tax deeding process for delinquent year 2015 taxes. Mr. Saunders informed Commissioners that he had gotten in touch with his lawyer in late July and was told he needs to try to get his sister-in-law off the property until the property goes through probate and he added that his brother has nothing to go through probate. It was said the property has a Medicaid lien on it. Mr. Saunders said he is working to get things straightened out and he will try to move out by fall of this next year and be done with it. Mr. Saunders informed Commissioners that there is still someone interested purchasing the property, but they are not going to pay $126,000 for it. Mr. Saunders is part owner of this property and he listed the issues involving the other owners of this parcel.

It was said the county had entered into an agreement pertaining to taxes and a payment arrangement with Mr. Saunders last year and he fulfilled the agreement faithfully. The county can only cancel the oldest year taxes and Commissioners can excuse the late fees and interest and accept payments toward the mobile home’s taxes. Payments are estimated to be approximately $72.00 per month for one year and that would take care of year 2015 taxes and the mobile home.
Acting Chairman Pinkerton spoke of working with Mr. Saunders to giving him more time and looking at payments of $72.00 per month for the next year. Mr. Saunders there is nothing else he can do. It was said the Commissioners cannot cancel taxes for the mobile home as Mr. Saunders’s name is not on the title, but he has 40% interest in the real property. Mr. Saunders discussed his income and difficulties. Commissioners said they appreciate Mr. Saunders keeping up with his agreement.

Commissioner Kirby moved to approve the hardship exemption application for Timothy Saunders for parcel #RP61N01E317281A and #MH61N01E317281A, canceling late fees and interest for year 2015 as well as cancel Mr. Saunders’ 40% interest in the property taxes and to receive monthly payments of $72.00 to pay toward parcel #RP61N01E317281A and #MH61N01E317281A. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

The meeting ended at 10:42 p.m. Treasurer Larson left the meeting.

Commissioners and Mr. Saunders discussed matters pertaining to the recent highway construction and traffic.

Mr. Saunders left the meeting at 11:01 a.m.

Commissioners signed the Property Tax Cancellation Form for the prior hardship exemption application for Tim Saunders for RP61N01E317281A to cancel 40% of the year 2015 taxes, cancel the late fees and interest and to accept monthly payments for the balance and year 2018 mobile home taxes.

Commissioners tended to administrative duties.

Deputy Clerk Nancy Ryals joined the meeting at 11:08 a.m.

Commissioner Kirby moved to go into closed session pursuant to Idaho Code 31-874. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously. 11:14 a.m., Commissioner Kirby moved to go out of closed session. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to approve indigent application 2018-26. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting.

11:30 a.m., Road and Bridge Department Superintendent Clint Kimball and Matt Hall with HMH Engineering returned to the meeting to provide Commissioners with results of their review of the bids for the Kootenai Trail Road Repair project. Present were: Acting Chairman LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Superintendent Clint Kimball, MHM Engineer Matt Hall, and Marty Martinez. The proceedings were recorded.

Mr. Kimball spoke of reviewing each line item in the bid from all three bidders and he mentioned that there is a difference from the engineer’s estimate. Mr. Kimball said in his opinion, there is no reason not to continue with the low bidder on this project.

Commissioner Kirby moved to accept the bid of $574,681.90 from C.E. Kramer Crane and Contracting for the Kootenai Trail Road Repair project. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

The bid opening ended at 11:34 p.m.

Commissioners recessed for lunch at 11:45 a.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Acting Chairman LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Attorney Roland “Rollie” Watson joined the meeting for introductions as Boundary County’s new third public defender, filling a recently vacated position, and to discuss general public defense matters.

Commissioner Kirby moved to sign the Contract for Public Defender Services with Roland Watson for fiscal year 2018-2019. Acting Chairman Pinkerton yielded the chair to second. Motion passed unanimously.

There being no further business, the meeting adjourned at 1:40 p.m.

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LeAlan L. Pinkerton, Acting Chairman

Attest:

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Glenda Poston, Clerk
By: Michelle Rohrwasser, Deputy Clerk