***Monday, September 7, 2020, Commissioners did not meet due to the Labor Day Holiday.
***Tuesday, September 8, 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.
9:00 a.m., Commissioners gave the opening invocation and said the Pledge of Allegiance.
Commissioner Cossairt moved to go out for bids for the county fuel supply for fiscal year 2020-2021. Commissioner Kirby second. Motion passed unanimously.
9:02 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. Mr. Morris presented a written report.
Ms. Nelson commented that she has a filled position at Road and Bridge that had been budgeted for through the end of this budget year and she also budgeted for this same position for the next fiscal year so she inquired about informing this employee about it. Commissioners were in favor, but also asked Ms. Nelson to check the status of another employee who had planned to retire this year.
Ms. Nelson presented Commissioners with documents from Western States Equipment pertaining to a potential piggy back bid for a grader. The cost of a grader is $315,000.00 with a five year/4,000 hour warranty with a buyback of $195,000.00 at the end of five years. Western States Equipment sent two quotes based on the discussion of the budget. Ms. Nelson said she’s trying to work it out so one lease is done the end of this year, another lease for year 2021 and then one for year 2022 so the terms are due in different years. One lease would be done by September 30, 2020, and the next lease will be October in the next budget year.
Some of the equity will be used from the existing grader to replace it as well as the second grader. When you look at fiscal year 2020-2021, the payment of $30,000 will be due September of 2021 so that way they can start counting five years from that date. Road and Bridge has two graders that are on a pay for use program and one lease will be extended. The G38 grader will be extended to March at a rate of $15,000.00 for a whole other year. The graders on the pay for use program have no equity. Chairman Dinning said it would cost the county $15,000.00 for six months for the third pay for use grader. Ms. Nelson agreed. Ms. Nelson said the G35 grader has a guaranteed buyback of $185,000.00 when it gets turned in. The balloon payment should be approximately $135,000.00 so the buyback is $195,000.00 and balloon payment at the end of five years so the county will have equity of $60,000. There will be equity in the two graders.
Ms. Nelson mentioned for the first payment using $80,000.00 for the two graders. The interest rates should be decreased again so the terms may be better. Western States Equipment says we have enough equity to make the first and second graders happen. The county budgeted $30,000.00 so there is enough for $60,000.00 at the end of five years for the two graders. It was said equity will be lost if keeping the payment at $30,000, according to Ms. Nelson. Right now Road and Bridge has two pay for use graders that have no equity. Chairman Dinning said to see what the numbers really look like as Commissioners work hard not to give away equity.
Those preset discussed Chisholm Hill Road. Ms. Nelson said the first six-tenths of a mile of Chisholm Hill Road is maintained by the county, but Road and Bridge is not maintaining the portion Farm to Market Road to Chisholm Hill Road. It was the understanding that this road was maintained at one time. It’s on the 1993 map. There is a parcel being split and the property owner wants this road maintained from the first two-tenths of a mile from Farm to Market Road as well as a few thousand yards from the top that is currently maintained. Ms. Nelson mentioned checking with the county mapper. The first portion is under prescriptive use and the rest is a deeded 40 feet to the county. Mr. Morris recalls this road was maintained once, but then there was a landslide. Mr. Morris said from the bottom of this road up it would be easy to do the first two-tenths of a mile and they could put down filter cloth and rock, but going through all of the way from the top to the bottom would be difficult. It was said there is property that is being split and it’s showing roads to access the parcels. An application was turned in for the split, but there are already perspective buyers to these lots asking about maintenance. The south portion of this road is deeded, but the part that is maintained by the county is prescriptive. Ms. Nelson commented that Mr. Morris has been with Road and Bridge for about 20 years and it was not maintained then. It was reiterated that the lower portion of Chisholm Hill Road is deeded. Chairman Dinning said he doesn’t want to give up a county road as it isn’t known what might be needed in the future, but in response to Planning and Zoning, we can say this is prescriptive. The other part is not, it’s deeded, according to Ms. Nelson. Mr. Morris said there are fourteen lots proposed and there is a place for a turnaround. Chairman Dinning said we could say that we have no issues other than we need a turnaround shown on the survey and then turn it over to the county. We also need to state that the upper portion of this road is the county’s.
9:30 a.m., Chairman Dinning left the meeting prior to the following discussion due to having a conflict of interest.
Those present discussed the matter of Tamarack Lane/Tamarack Drive. Ms. Nelson commented that the county’s Planning and Zoning administrator sent her meeting minutes that pertained to maintenance of Tamarack Drive. Matt Philbrook had applied for a conditional use permit to build a six-plex apartment building next to his four-plex and according to the notes, it said that Planning and Zoning realized the conditional use permit would go with the land and the subsequent landowner would need to know that road maintenance goes with the property. Mr. Philbrook said he would provide maintenance at Tamarack Drive itself for the six-plex. Ms. Nelson said there are files from 1983 showing the county never maintained either road so as far as maintenance, Road and Bridge has not provided any.
County Civil Attorney Tevis Hull joined the meeting at 9:32 a.m.
It was said in year 2017, Matt Philbrook received a conditional use permit for an apartment complex. Planning and Zoning Administrator John Moss sent the Road and Bridge Department the minutes for any roadway maintenance in the future and it stated that the applicant commented that it wouldn’t pose a problem to maintain Tamarack Drive. Planning and Zoning added that this provided that maintenance would be borne by the landowner. Planning and Zoning said the conditional use permit would go with the land and the subsequent landowner would need to know this. Road and Bridge doesn’t find anything in their files for either Tamarack Lane or Tamarack Drive ever being maintained. Attorney Hull said right now the property, Tamarack Drive, is just deeded to the county with no reservation of ingress/egress. It’s owned by the county with no designated purpose for this ground. If Commissioners wanted to, they could go ahead and have a public hearing, although it may not be necessary, to state that the county is going to take this property and make it for public right-of-way for ingress/egress. Attorney Hull said it is county property, but Commissioners can say it’s open, the public can use it and it’s not a private road. Attorney Hull said there is no duty to maintain it and it can be open for ingress/egress.
Ms. Nelson asked about areas of impact in relation to this road. Attorney Hull said he contacted the City of Bonners Ferry about this and they commented that it’s not within their limits. Commissioner Cossairt asked if the county could just provide ingress/egress and let it be. Attorney Hull said yes. If eventually someone wants utilities, they can ask Road and Bridge if that can be done. Attorney Hull suggested having a public hearing due to the interest. With this matter, it’s not a right-of-way, it is just an ownership of property.
9:52 a.m., Chief Probation Officer Stacy Brown joined the meeting.
Chairman Dinning returned to the meeting at 9:53 a.m.
Commissioners discussed the document pertaining to the Coronavirus Aid Relief and Economic Security (CARES) Public Safety grant regarding the reimbursement of wages for emergency responders. Attorney Hull said he was okay with that. The funding is limited to first responder related matters. Clerk Poston provided an estimate for possible reimbursement and commented that she has not heard or seen anything as far as further reports and follow ups. Clerk Poston said as far as the CARES Act Broadband Grant, Attorney Hull is looking into the agreement with vendors.
Kevin Lederhos and Eric Lederhos with EL Internet Northwest participated in the discussion regarding the broadband grant via conference call.
Kevin Lederhos said what he sent over was the agreement they have with the City of Moyie Springs. Clerk Poston inquired about the state agreement. Kevin Lederhos said there was the 10 day limit for the state agreement. Clerk Poston said those agreements have already been completed and returned.
Kevin Lederhos and Eric Lederhos ended their call.
Commissioner Kirby moved to authorize the Chairman to sign any and all documents associated with the Coronavirus Aid, Relief and Economic Security (CARES) Act Broadband grant. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Kirby moved to sign the Grant Administration Contract between Boundary County and Panhandle Area Council, Inc., for the State of Idaho Broadband Projects, once Attorney Hull has reviewed the contract. Commissioner Cossairt second. Motion passed unanimously.
Chairman Dinning informed Commissioners of his conversation with Yvonne Dingman with the Idaho Transportation Department about reviewing costs for redoing curbing along the armory. The Idaho Transportation Department will issue a check to the county to get this work done.
10:02 a.m., the meeting with Ms. Nelson and Mr. Morris ended.
Ms. Brown left the meeting temporarily and County Civil Attorney Tevis Hull remained in the meeting.
10:02 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramification of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. 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 10:10 a.m.
Commissioner Cossairt moved to authorize County Civil Attorney Tevis Hull to issue a statement for the case to the title company regarding quiet title action in that the county has no interest in the property other than ongoing future taxes. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize County Civil Attorney Tevis Hull to settle a pending litigation and to authorize a county commissioner to sign the associated document when needed for the case. Commissioner Kirby second. Motion passed unanimously.
Attorney Hull left the meeting.
Chief Probation Officer Stacy Brown returned to the meeting.
Ms. Brown presented probation related statistics to Commissioners. Ms. Brown informed Commissioners that she was asked to look into an alarm system for her office, but she’s not sure if that’s the best way to go. Jacob Bushnell mentioned an AT&T system at a cost of $5,000.00 to $7,000.00, but it has a monthly charge and there is a three to five minute delay for response and that’s not acceptable. There is another type of alarm system, but the cost for that system is $50,000.00. Ms. Brown said her office has radios that go directly to dispatch so if they keep those radios charged and ready, it will be faster than any other system.
Ms. Brown spoke of experiencing internet issues and being unable to determine the cause of the problem, but she was told the router needed to be replaced. Matt Hodges with Computer Arts said the internet speed might need to be increased due to adding the conference room, Emergency Services Manager and possibly the Veterans Service Officer on the same system so that is getting worked out. Sheriff’s Office Administrator Crystal Denton, Tad Brown from the Probation Office and Mr. Hodges will work on that, according to Ms. Brown.
Ms. Brown explained the Substance Use Disorder Services (SUDS) program to Commissioners and said it bridges gaps in service, such as Boundary County doesn’t have a specialized counselor or sex offender treatment so this program provides funding for victims at no cost, and it also takes care of drug abuse issues.
Commissioner Cossairt moved to sign the Memorandum of Agreement to Support the Community Based Alternative Services (CBAS) Program and the Substance Use Disorder Services (SUDS) Program. Commissioner Kirby second. Motion passed unanimously.
Ms. Brown informed Commissioners that the Probation Office was able to get a grant to have booklets made that tells parents exactly how to navigate the juvenile justice system. There was no cost to the department for these booklets. Ms. Brown commented that her staff received scholarships for attending a work related course.
Chief Probation Officer Brown left the meeting at 10:29 a.m.
10:30 a.m., Chief Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Kirby moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Cossairt second. Motion passed unanimously. 10:30 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to deny indigent cases #2020-11 and #2020-12. Commissioner Kirby second. Motion passed unanimously.
Chief Deputy Clerk Ryals left the meeting at 10:31 a.m.
10:32 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee staff member or individual agent; and 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 11:00 a.m.
Commissioner Kirby moved to approve Commissioner meeting minutes for the week of August 24, 2020. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Kirby moved to accept the resignation of a county employee. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2020-28. A resolution establishing Boundary County Restorium Room and Board fees. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-28 reads as follows:
RESOLUTION 2020-28
Establishing Boundary County Restorium Room and Board Fees
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did hold a public hearing on August 31, 2020, to receive public comment on a proposal to increase Restorium room and board fees for new residents, and
WHEREAS, after considering public comment, the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase the room and board fees to help fund the cost of operating the Restorium, and
NOW THEREFORE BE IT RESOLVED that the Restorium room and board fees are set as follows effective October 1, 2020:
Double Occupancy (half room) $2,618.00 per month
Double Occupancy $5,237.00 per month
Private Room with shared restroom $3,486.00 per month
Private Room with private restroom $3,807.00 per month
DATED this 8th day of September, 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 #282863
Commissioner Cossairt moved to sign the Cooperative Agreement for University of Idaho Extension Programs. Commissioner Kirby second. Motion passed unanimously.
11:17 a.m., Boundary Economic Development Council (EDC) Director Dennis Weed joined the meeting to give an update on EDC projects.
Mr. Weed informed Commissioners that he did spend some of the EDC funds on marketing aimed at bringing merchants to the area. Two marketing campaigns were done and Mr. Weed said he just finished a marketing project for all the western states, which will probably be for the next year as it will have more of an impact for the next year than it will this year. Mr. Weed said he’s trying to get more customers as Canadians are still not able to come down currently due to COVID-19, but when he was coming into the county he noticed an influx of license plates from other counties as well as the states of Washington and Oregon. Mr. Weed commented on trying to keep economics going and he discussed waiting for the Canadian border to open so businesses get the benefits of that.
It was said the State of Idaho CARES Act Broadband grants are out. Chairman Dinning commented that County Civil Attorney Tevis Hull is reviewing the agreements between the vendors and the county and he is trying to move that along. Everything is going well for that grant, according to Mr. Weed.
Mr. Weed said the third round of Innovia grants will be available. In the second round, a fund was started for businesses so funding was given to Victim’s Services. The third round will center the attention on helping getting families with school aged children set up with broadband. Liz Bigsby with the Food Bank is helping with that program, which should come out in the next three weeks to a month. Chairman Dinning asked if he knew what the dollar figure was and Mr. Weed said the first round was approximately $15,000.00, the second round totaled $8,000.00 to $10,000.00 and this third round would be $5,000.00 to $6,000.00 unless the fund can be built up. Mr. Weed said in talking to businesses, he’s learned they’re having a hard time finding employees. Boundary County’s unemployment rate is coming down to around 5%. Prior to COVID-19 the unemployment rate equated to approximately 200 people and currently it’s approximately 300 to 325. Mr. Weed commented on trying to get businesses to go to digital marketing in order to help bring customers here. Mr. Weed also discussed businesses with debt and how businesses can refinance that debt as interest rates are decreasing, but there is a short window for that as rates will go up.
There is a new state Federal Emergency Management Agency (FEMA) health representative and they want to know how to help the county with COVID-19 issues. This representative will meet with Mr. Weed and Boundary County Emergency Manager Andrew O’Neel in a few weeks. Mr. Weed said this FEMA position is a new one so he will see what is being offered and how the community can be helped. Mr. Weed said Boundary County has done better than other areas as far as having low unemployment numbers during COVID-19.
The meeting with Mr. Weed ended at 11:41 a.m.
Commissioner Dinning said he received an email from the Sheriff’s Office about a part-time position for the Driver’s License Office. Clerk Poston commented that this position is in the budget starting October 1, 2020.
Commissioner Cossairt moved to nominate Rebecca Wood as the At-Large Board Member on the 2020 Election Ballot for the Capital Crimes Defense Fund. Commissioner Kirby second. Motion passed unanimously.
Commissioners reviewed quotes for new water heating systems for the armory. Clerk Poston said she would hope someone would look into Avista as the existing water heater worked fine, then Avista did some work and then following that work something went wrong.
County resident Wayne Bates stopped by Commissioner’s Office asking to know the ruling on junk yards in the county. Mr. Bates explained that he lives on Willow Lane in Naples, located off of McArthur Lake Road. Mr. Bates said he owns property on Sitka Road and Doe Roads, which are private roads, and there is a trespass issue. A neighbor has a scrap yard, which is not defined, and these people are running overloaded heavy equipment over his road. Mr. Bates said he would like a ruling on the scrap yard. Mr. Bates commented that these people won’t even show that they have the right on the road. Chairman Dinning commented that Mr. Bates mentioned a cease and desist letter has been sent and he asked if there has been a formal complaint or has someone done something to initiate this letter. Mr. Bates said both as he received a letter to cease and desist from an attorney and he was told this was an intimidation letter from another attorney. Mr. Bates said he needs a legal ruling so he can proceed and he added that there is talk that someone is going to burn someone out. Something has got to happen as there is an armed man in court that pulled guns on them. Complaints have been filed with the Sheriff’s Office, according to Mr. Bates. Mr. Bates added that these people have lied to the Sheriff’s Office in stating that they live on the property. These people have lived in Washington State, but have now moved here and the property had been vacant. Steve Ballard had owned this property and that is the person’s in-law. Chairman Dinning said Commissioners cannot intervene in a criminal matter. Mr. Bates said he understands, but he wants a ruling so he can proceed. If Commissioners want this junk yard to go in there, then he has to live with that, but this matter is not done. Mr. Bates said when he’s working on the road, the other party is saying that he is stalking them, but he’s not and it’s his road. These people have been to court 40 times in their life time, according to Mr. Bates. Commissioners informed Mr. Bates that they have a public hearing to consider proposed changes to the Land Use Ordinance on Monday so the county is still working on it.
Mr. Bates left the meeting at 12:06 p.m.
Commissioners resumed their discussion on quotes for a new hot water system for the armory. Commissioners said they want to find out more information on costs, etc.
The meeting ended at 12:30 p.m.
There being no further business, the meeting adjourned at 12:30 p.m.
____________________________________
DAN R. DINNING, Chairman
ATTEST:
_____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk