***Monday, August 05, 2019, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

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

Commissioners gave the opening invocation and said the Pledge of Allegiance.

9:00 a.m., Road and Bridge Department Assistant Superintendent Renee Nelson and Foreman Randy Morris joined the meeting to give a written report. A written report was provided. It was said that milling just started Thursday on Meadow Creek Road and it will consist of two passes on each side. Those present spoke of the delays in getting the equipment to Bonners Ferry due to the permitting process.

Ms. Nelson said she got in touch with Western Transportation Institute to discuss the bicycle warning system light that is being offered through a grant program. Ms. Nelson said it was asked if the warning sign at the east end of the project could be set permanently so not to affect the project and the designer has said, yes. Ms. Nelson asked if she could get the east concrete post in and set as it won’t affect the project and Commissioners were in favor of this work being done. Ms. Nelson said Boundary County will have the only warning system in Idaho.

Ms. Nelson presented Commissioners with a list of roads proposed to be included in the Schedule A Maintenance Agreement with the Forest Service. In past schedules the roads included legal descriptions as well as latitude and longitude information. The Forest Service can take care of dust abatement and grading, but they are not allowed to plow snow, according to Ms. Nelson. It was said that these are not county roads. Chairman Dinning questioned if the Forest Service will pay the county for maintenance. The comment was made that these are accesses with no residences beyond them.

Ms. Nelson informed Commissioners that corrugated metal culverts are what the County’s Road Standards list, but some people are using plastic. Chairman Dinning asked if they can find data on the structural comparison between the two materials.

Sheriff Dave Kramer joined the meeting.

Commissioners and Ms. Nelson briefly discussed a letter needed from County Civil Attorney Tevis Hull for the Riverside Road project rights-of-way. Chairman Dinning said he would find out more from Attorney Hull. Ms. Nelson stated that Road and Bridge received the funds from the Soil Conservation District 319 project on Fleming Creek Road and the check totaled a little more than $16,000 so she doesn’t know if that is reimbursement for work the county did or just a portion of it. A telephone call has been put into Cassie Olson with the Boundary Soil Conservation District to find out if that is the full amount to be reimbursed or if there are more funds coming.

Mr. Morris said a bridge inspection for Ruby Creek Bridge #4 and Skin Creek Bridge will be done today with more bridge inspections to take place on Wednesday. Those present discussed information provided in Ms. Nelson’s project update spreadsheet.

Commissioners and Clerk Poston spoke of Secure Rural Schools (SRS) funding being reauthorized and to be received in spring of year 2020.
Commissioners informed Ms. Nelson that the City of Bonners Ferry stated they will maintain the new sidewalks proposed to Labrosse Hill Road, but they would like the county to maintain Pine Island Road. Mr. Morris and Ms. Nelson both didn’t have an issue with that.

The meeting with Ms. Nelson and Mr. Morris ended at 9:40 a.m.

9:40 a.m., Commissioners spoke to County Civil Attorney Tevis Hull via telephone. Commissioners discussed a matter in which a property owner made a complaint about the public parking along a county road to access a creek. Attorney Hull said as long as people are not creating an unsafe parking condition on the county road and he added that the right-of-way does not go down to the water, therefore the public has to go over private land and that is not a county issue. Sheriff Kramer said the property owner took the no trespassing sign down so this issue may have been resolved.

Attorney Hull said he’s working on the Riverside Road letter for the Road and Bridge Department. As it pertains to the easement for Roger Miller, Sharlene Delaney with Boundary Abstract will take care of the easement for Mr. Miller and the relinquishment of the other easement to the north.

Sheriff Kramer, Mr. Martinez and Mr. Brown stepped out of the office.

9:45 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 Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:54 a.m. No action was taken.

9:55 a.m. Sheriff Kramer and Solid Waste Department Foreman Eric Owen joined the meeting.

Commissioners clarified with Sheriff Kramer a matter involving contracts with the City of Bonners Ferry and the Kootenai Tribe of Idaho.

Deputy Clerk Nancy Ryals and Planning and Zoning Administrator John Moss joined the meeting at 9:56 a.m.

Deputy Clerk Ryals stated that she had submitted the quarterly reports for the three grants related to Emergency Services and has submitted an invoice for payment for another grant program. It was said that grants are coming due by August 15th. Sheriff Kramer said he would contact Idaho Office of Emergency Management North Idaho Field Officer Jay Baker about this. Commissioners stated that they did make a motion to designate Deputy Clerk Ryals as the point of contact for these grants.

Sheriff Kramer left the meeting at 9:58 a.m.

Commissioners informed Mr. Moss that the person the county will hire to help with GIS related duties will not be the same person hired to help in the Planning and Zoning Office. Mr. Moss said he just wonders if he has enough room in his office for more staff.

Mr. Moss and Deputy Clerk Ryals left the meeting at 10:00 a.m.

Solid Waste Department Foreman Eric Owen met with Commissioners to give the department report. Mr. Owen said he’s still waiting for quotes for the wood pile. Mr. Skeen will hold a second and final interview for a vacant position at the landfill. Chairman Dinning said before the person is offered the job, Commissioners would like to know who it is. Commissioner Cossairt asked about the roll off that was having issues. Mr. Owen said they’re still waiting on the parts for the roll off, but it is still running.

The meeting with Mr. Owen ended at 10:03 a.m.

Commissioner Cossairt moved to sign Certificates of Residency for La Ann Boger, Thomas Mooney-Rivkin and Adriana Friend. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to approve the Findings and Decision for Planning and Zoning Application #19-035, for Applicant Harold Wedel. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Idaho Department of Commerce Idaho Gem Grant Request for Reimbursement for the amount of $25,000.00 for the regional sewer feasibility study. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Federal Aviation Administration Grant Agreement, Part 1-Offer, Single Audit Certification Form and documents associated with Airport Improvement Project #3-16-0004-016-2019. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to give The Pearl Theater permission to play the “A Natural Balance – Boundary County” video for a one time use. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning said he attended a special Kootenai Valley Resource Initiative (KVRI) meeting and discussion was held regarding looking at joining a collaborative to apply for new community forest landscape restoration (CFLRP) projects. The groups would be kept separate so they would each do their own projects, but they would apply together for strength in succeeding. Chairman Dinning said the City of Bonners Ferry and the Kootenai Tribe are in favor.

Commissioner Cossairt moved to support the Kootenai Valley Resource Initiative in joining with the Panhandle Forest Collaborative and the Shoshone & Benewah Collaborative in applying for future Community Forest Landscape Restoration Projects (CFLRP) designation. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning said there are two more years left of the current CFLRP. The first program ran for 10 years and this second round was for eight years with two years remaining. We have more work to do, according to Chairman Dinning.

Chairman Dinning said he will work on getting GIS, emergency services and Planning and Zoning job descriptions together.

Commissioner Cossairt moved to approve the private road names of Kristin Court and Leigh Court. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Certificate of Residency for Alayna Youngwirth. Commissioner Kirby second. Motion passed unanimously.
Chief Probation Officer Stacy Brown joined the meeting at 10:18 a.m.

Those present reviewed the estimates provided by Longwell + Trapp Architects as it pertains to constructing a building for ambulance services and remodeling for the Sheriff’s Office and Probation Office.

Ms. Brown informed Commissioners that caseloads have increased, including four soon to be new juvenile cases. Clerk Poston said the Fair Board was looking into kids who may need to fill community service hours. Ms. Brown said she would look into that. Ms. Brown informed Commissioners that the Odyssey Program is working better.

The meeting with Ms. Brown ended at 10:35 a.m.

10:40 a.m., GIS Mapper Olivia Drake joined the meeting at Commissioners’ request to explain to Commissioners the difference between geographic information system (GIS) work and addressing. Commissioners said approach locates and addressing is all they foresee a GIS employee working on, and next would be someone helping in the Planning and Zoning Department. Ms. Drake explained that Bonner County has a lot of online mapping where the public can apply for permits and see where an address is located, etc., but she doesn’t have the time to go forward with it. Chairman Dinning said that a person with a GIS background may be able to provide the county with more than Commissioners thought.

10:50 a.m., Ms. Drake left the meeting.

Commissioner Kirby moved to approve the minutes from the week of July 22, 2019. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes from the week of July 15, 2019. Commissioner Cossairt second. Motion passed unanimously.

Courthouse Maintenance John Buckley joined the meeting at 11:06 a.m.

Mr. Buckley informed Commissioners that he did get rid of items not appropriate to sell in the public auction. Mr. Buckley said he talked to the person who is repairing the sidewalks in front of the Courthouse and he should have the quotes this week.

Mr. Buckley informed Commissioners that he should be receiving a bid from someone to do work on the roof of the Sheriff’s Office as this person specializes in flat roofs, foam, etc. Mr. Buckley said other roofs are in good shape and he listed which roofs are new and which have been patched. Work is almost finished on the Exhibit Hall and Mr. Buckley said he would install the vents. Chairman Dinning asked about the repairs to the restroom in the Appraiser’s Office and Mr. Buckley said he has some patching, caulking and trim paint to do, but the restroom is functioning. Mr. Buckley commented that there are some sink holes and post-heaving happening at the armory. Chairman Dinning suggested that Mr. Buckley take before and after pictures of these areas and to redirect people to use another access to the building. As far as county parking lots, everything has been seal coated this last season so everything is in good shape, but it has just been extremely busy so it’s hard to get everything done, according to Mr. Buckley. Mr. Buckley commented that the air conditioner went out in the armory so Cool-it was called, but the issue was electrical so he contacted Boundary Electric. Now it’s just a matter of waiting for parts to come in. The electrical issue was related to the recent power outages. Mr. Buckley said each time he thinks the boiler is working fine, there are issues and it seems like it’s every year. It’s expensive for the boiler company to come to the Courthouse, but there are issues every year.

Deputy Clerk Nancy Ryals joined the meeting at 11:18 a.m.

Mr. Buckley left the meeting.

Commissioner Cossairt moved to approve indigent 2019-25. Commissioner Kirby second. Motion passed unanimously.

11:20 a.m., Deputy Clerk Ryals left the meeting.

Mat Surprenant with E.L. Automation joined the meeting at 11:21 a.m.

Boundary Economic Development Committee (EDC) Director Dennis Weed joined the meeting to give Commissioners an update on EDC projects. Senator Crapo will visit the Alta Forest Products mill this week starting at approximately 11:30 a.m. and the public portion of his meeting will take place at the South Boundary Fire Station in the community room as it is best not to have lots of cars driving onto the Alta property. Mr. Weed said he would provide an update on the change in venue for the public portion of the meeting.

Mr. Weed informed Commissioners that he submitted a grant for the Economic Development Professional (EDPRO) program so approximately $15,000 should come from the state. Mr. Weed said he attended the shot show approximately two years ago and he asked if Commissioners know of any other shows that he should attend, stating that he is aware that there is a retail show in May. Mr. Weed said he has given his business cards out and people have expressed interest in coming to Boundary County. It’s easy to sell a building, but it’s hard to sell empty land, such as there would’ve been business owners interested in relocating here had there been available buildings. Chairman Dinning said what we have in this county is a lack of developable industrial land for these uses. Mr. Weed said what we need to think about is how to bring people in as they are willing. There will be a tenant in the old Shopko Building in approximately one month, according to Mr. Weed.

Mr. Surprenant asked if Verizon had made any headway in improving their services. Mr. Weed said yes, but they are having issues again so he will reach out to them this week. Verizon plans on changing their antennas on the Black Mountain tower, but they’re not adding anything new to it. Mr. Weed said the City of Moyie Springs should be getting to the next stage of the sewer project. Requests for qualifications have come in for the project and there isn’t anything that shows the project would be done differently. The existing costs are coming down and Moyie Springs Public Works Supervisor John Nelson will work on other parts of the project, according to Mr. Weed.

Mr. Weed informed Commissioners that tourism has decreased a little, and not only here but also in Washington State as he’s spoken to different hospitality locations and there have been decreases. Chairman Dinning said he had read information on this. Mr. Weed said a lot of people travel through Boundary County on their way to visit the Banff and Glacier National Parks so he will check statistics at the end of the season. Chairman Dinning said he has tried to think of what would cause this and if it’s due to improved employment, people may not have the time away from work to take a vacation. Chairman Dinning said Boundary County is not a destination point and Mr. Weed said no, but people do travel through the area.
Those present discussed local companies with a higher employment rate as far as number of employees, etc.

The meeting with Mr. Weed ended at 11:45 a.m. Mr. Surprenant left the meeting as well.

County resident Phil Drewsen stopped by Commissioners’ Office and informed them that he has to replace his water line and needs to dig across the county road. Commissioners referred Mr. Drewsen to the Road and Bridge Department.

Mr. Drewsen left the meeting at 11:47 a.m.

Commissioners recessed for lunch at 11:51 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., Idaho Department of Water Resources Director Gary Spackman, Deputy Director Mat Weaver, Manager Shelley Keen, and Attorney Norman Semanko joined the meeting to discuss matters pertaining to water adjudication. Mr. Spackman said this is an important issue to him and they wanted to start a conversation on adjudication of water rights. County residents Bob Olson and Erik Olson were also present.

Chairman Dinning discussed growing up in Boundary County and since 2001, when he became a county commissioner, he has been heavily involved in this issue and watched the fiasco that it caused. Chairman Dinning said he has watched the adjudication process divide communities and that is what concerned him when heard this meeting was requested. Mr. Spackman said the Idaho Department of Water Resources doesn’t want to do anything without public support. Mr. Spackman said there is a reason why it might be a good time to talk about this issue and Mr. Weaver had this matter come on to his radar at the last legislative meeting as Senator Jim Woodward brought up discussion about North Idaho adjudication. Senator Woodward was informed that the Kootenai River basin in not a part of the third phase of this project and it caught him off guard. Senator Woodward thought there might be a change of heart and he mentioned looking at adjudication for the Kootenai River. Mr. Spackman said the Idaho Department of Water Resources has met with Representatives Heather Scott and Sage Dixon and Senator Woodward about this, then they meet with Bonner County Commissioners tomorrow. In the nature of coordination with public information meetings, those have been scheduled as well. Six different public meetings have been planned for the week of September 12, 2019, between Boundary County and Bonner County. Chairman Dinning asked if Boundary County is in any way associated with Bonner County in adjudication. It was said this issue was legislated in year 2006 and the Kootenai River was planned for part of phase III. In year 2008, there were several pieces of legislation that affected north Idaho and that took the Kootenai River out of phase III so something would have to be done to add the Kootenai River back in. Chairman Dinning said Boundary County is in no way connected to Bonner County in having anything to do with water so it does not make sense to put Boundary County with Bonner County. The Kootenai Tribe was going to try to have their representatives here today, but that didn’t work out so Mr. Spackman, Mr. Weaver, Mr. Keen and Mr. Semanko should schedule to meet with them, according to Chairman Dinning. Commissioners questioned what the benefit would be as in the Kootenai Basin, 70% of land is federally owned and the river flows into and out of Canada.

It was said that water supplies are not always sufficient to meet demand and in northern Idaho, we’re not water short like in southern Idaho. On its surface, when we’re mostly diverting from springs, ground water, etc., it may be fact that a lot of water flows out of Idaho. So on one hand only one-quarter of that water flows through the state. People will need to rely on more water. The Kootenai River is thought of as a large resource here, but the river is not where people are diverting water from. We know Idaho is the fastest growing state in the country. Mr. Weaver said when you have new usage coming onto the system, it benefits people who have been there to establish their rights. There are statutory claims as they have not gone through the process.

Erik Olson said he looks at adjudication now versus down the road when you do see population spike and you have the federal government come in and tell you what your rights are if you don’t adjudicate now. Mr. Semanko said he can’t foresee what the federal government might do, but what he does see when an area has a growing population is that sometimes those additional populations come to a small drainage and state that their right is “this” and they file a claim and the traditional general way of water rights is unsettled. Mr. Semanko said what people don’t understand is that with the federal government out there, there is no way to sooth them and they feel they have a right to use a certain amount of water. There is no way to make them come to adjudication and it makes it so people can sue the federal government and make them come to state court. If you can do that in state court, Congress has waived their sovereignty so then a state court judge decides. Then the Idaho Supreme Court decision is appealed to decide what, if any, federal rights to water there are. The federal government can file adjudication in federal court whenever they want, but once the state court goes through its process, it’s finding is final and you cannot go through a new process or a “do over” in federal court. Mr. Semanko said in the five northern counties the people who remember when ground water wells were drilled are getting older and it’s getting harder to document. Once you get your right filed, then you’re done. Ten, 15 and 20 years from now it will be harder to try to convince you that you have that old of a water right as they can go back to the 1960’s. You want whatever claim the federal government thinks has to be heard in state court and to get rights confirmed as soon as possible. Chairman Dinning asked what federal potential claims are there. Mr. Semanko said the federal government has to have federal ground reserve for the purposes such as wilderness area and forest reserve. Anywhere there is federal land and water is necessary to fill the Federal Reserve, they can claim water. There are 259 claims for water by the Forest Service for every source available in the forest for a myriad of purposes. The state won the first round of litigation for the Forest Service to have to amend their claims and it’s now being settled. Settlement is beneficial to local people and none of the local uses will be trumped by year 1902 water rights. Mr. Semanko said he doesn’t know what the federal government will do here. They can and will file as many claims as possible as they have staff to do it and are exempt from filing fees. The Idaho Supreme Court had been overturned on that issue. Chairman Dinning said by going through this process, we’re creating conflict where we don’t have one today. Mr. Semanko said that is one way to look at it. Mr. Semanko said if the Forest Service files an Organic Administration Act claim, they have the same attorneys and agents who are dealing with the Coeur d’ Alene adjudication and it is foreseeable that matter would end up with the same settlement. Take that versus 20 years from now, for whatever reason the President or whoever feels it’s important to confirm all federal lands and order justice to file claims and then the issue will be decided in court. It was questioned if a controversy is being created that doesn’t exist or are we delaying a conflict that will occur in the future. It was said that it’s not that this won’t occur as it will happen at some point. Mr. Semanko said it’s exactly the same scenario as the Coeur d’ Alene Basin. Chairman Dinning asked for an explanation for how something upstream affects downstream users if they’re not pulling water out. Mr. Semanko said they will want to pull water out for firefighting, etc. If it’s sporadic use, they will do that. Mr. Semanko said what is wanted is some vegetation program or road building and they will want to pull water out downstream. The Forest Service has agreed, as part of a stream, that they will not take water from municipalities, even though they have an earlier right. If there is not enough uses, the Forest Service will defer and that was part of the settlement. Mr. Semanko encouraged Commissioners to talk to their counterparts down south and he said that the legislators were very insistent that people are involved. It wasn’t just the government settling matters as everyone has been involved.

It was said the Bureau of Indian Affairs has filed a certain number of claims for the Coeur d’ Alene Tribe and there has been settlement discussion, but they didn’t hold so the parties decided to get answers from the court. Chairman Dinning asked about the Endangered Species Act. Mr. Semanko said in Snake River Basin Adjudication in Salmon, a good share of funds from the settlement went toward restoration for fish, but he thinks that was the Tribe. In the Coeur d’ Alene resolution, many flow stream claims were filed. It’s not the Endangered Species Act as you cannot do that. The judge found that on reservations there is no basis for instream flow, but on reservations there was basis for instream flow claims. That matter is on appeal as the state and private users disagree. There is not a water right necessary for those purposes.

Chairman Dinning said if the Tribe has never signed a treaty with the United States Government and claims for aboriginal territory as their right, is that any different as far as having the ability that we’re making a claim for all of this? Mr. Semanko said there must be a federal reservation of land. The Coeur d’ Alene Tribe felt they had a right to a certain lake level even though it was determined they don’t own a right outside of reservation boundaries. Chairman Dinning said if the Tribe never signed a treaty with the United States Government, they never gave up rights to anything and they do not have but a minimum amount of acres in trust so would they be able to contend that they never gave up rights? Mr. Semanko said they can contend that, but to sustain it there must be a right attached to the land if the case is in federal court, the Ninth Circuit Court of Appeals. If it’s in the Idaho Supreme Court, it’s not binding, it’s persuasive. Chairman Dinning asked about the Columbia River Treaty and how the treaty fits in with this. Mr. Semanko said he doesn’t think the treaty has much connection at all and he added that with that treaty, the domestic issues were left to the respective countries. The power that the storage facilities have and the flood control is all dealt with in the treaty, but as for how much water, that is left to domestic law. Mr. Semanko commented that the advantage in getting adjudication done is how much water it is and this is what we have to protect. You can’t really negotiate what you’re trying to protect. The adjudication process is where they document it. It’s not a process with contracting to divvy up the water. If Canada wants to press the issue and is diverting from Idaho, they would have to come to our court.

Mr. Spackman said with ongoing negotiations, it’s really about storage, reservoirs and compensation for foregone power. The third issue is an environmental issue. Chairman Dinning asked if the State of Idaho has weighed in to protect adjudicated rights. Mr. Semanko said Jim Yost has been the most involved in the state, and water allocation is a state issue. It was asked, when water is leaving Canada, should there be an opportunity for people in Washington State to use that.

Mr. Semanko mentioned a difference between what the District Court and Ninth Circuit judge would do, but in Idaho if someone files a claim, they have a right to, but you have to be water right holder. It was said that Bob Graham used to serve on the Idaho Department of Water Resource Board.

Chairman Dinning said going forward, Mr. Weaver said this meeting is just an update. It was said approximately 1,000 claims have been filed in phase I and they’re working on objections to part 1 in that process. For the Palouse River Basin there are 1,200 claims received to date. Mr. Weaver said they have to go to the legislature for spending authority for the Clark Fork/Pend Oreille River Basin adjudication and they plan to do that in year 2020, which is the first step. It was said the Kootenai River Basin is no longer included in phase III. Mr. Weaver said they’re considering the 2020 session pending all this outreach. It was asked why the Kootenai River was excluded in year 2008 and the reply was that there were a number of concerns, such as fires, fees and the ability to defer to domestic use. It was because fees had increased for North Idaho and because of the inability to defer to domestic use. Deferring to domestic use means if you have domestic use, you’re not required by law to participate in adjudication. If exempt, you can file your claim in the future when you’re ready. It was said that domestic use is defined by statute. Erik Olson asked for the definition of domestic use.

Mr. Keen said the first part is if the use is for domestic or stock water purposes, it’s not going to be over 13,000 gallon per day, including irrigation of up to one-half acre of land. The second part of the definition refers to a diversion volume of not more than 2,500 gallons per day.

Mr. Weaver said with the deferral of domestics, you can still proceed with adjudication. The thought is that it results with meters being put on domestic wells and assessing fees for diversion out of domestic wells. The future is uncertain so none of us can speak to that. Domestic wells are not required to be metered or charged as it’s difficult to do with very little benefit as the use is so little, according to Mr. Weaver.

Chairman Dinning briefly discussed the delineation with the Rathdrum aquifers. Chairman Dinning said at that time the map showed adjudication coming to Boundary County until it was changed and that is where there was talk of public distrust. The thought is it would devalue a constitutional water right. It’s important to remember that it’s talking about natural springs and there is a question if that applies to natural ground water.

It was said when we get to the point where resources are needed, they defer to senior dates. Just because someone has diverted under the constitution, doesn’t mean they can have rights.

The question of why visit the Kootenai River now is due to having infrastructure in place, there are courts with knowledge of the process, but also there is institutional knowledge of how proceedings were in the past.

Chairman Dinning said he is somewhat irritated that his legislators would not inform Commissioners that they’re looking into this. The fear is on a fraction of the community pitting against the other. Chairman Dinning said he saw the Snake River adjudication and he doesn’t want that to occur unnecessarily. Chairman Dinning suggested those present be careful and to make sure their statement that the Tribe had made no claim was accurate. Chairman Dinning reiterated that his fear is creating a conflict when saying there is no claim outside of reservation boundaries. Commissioners are going by information and he doesn’t know if it’s accurate. Chairman Dinning said he wants to know who all the players are in this matter going forward and what their legal standings are. Mr. Semanko said he believes the Forest Service will file claims and he doesn’t know how those are resolved. Coeur d’ Alene also doesn’t have a treaty, they have an agreement that was passed by Congress in 1891, according to Mr. Semanko. Water rights would be established when a reservation is formed. This could be worked out ahead of time and it would be a benefit and a landmark occurrence in adjudication. The question is how much the fee would be and Mr. Spackman said it depends on the use of water. It is $25.00 for a claim for a domestic well. Mr. Spackman suggested encouraging people to file those claims for $25.00 because there are investors and realtors who ask about water rights and it just increases value of the land.

Mr. Keen said for domestic use you could defer your filing or participation in adjudication and rely on the administration process for that water right license and priority date, or seek to strengthen the position of that right and filing the $25.00 claim based on the right water license. For many people the home and water use is established beforehand so the filing date is later than is claimed in adjudication so they will see to substantiate that earlier claim.

Mr. Spackman mentioned Chairman Dinning’s comment on creating conflict and said that he cannot represent that conflict won’t happen as there can be a lot of acrimony. It’s inherent so you have to look and say, is it worth it and the uncertainty of kicking the matter down the road. Mr. Spackman said he has a friend who is an attorney and this person was adamant that people didn’t want adjudication, but his thinking has changed over time and his thought on it has changed 180 degrees.

Chairman Dinning said if he understands, we have seven community water associations that without this adjudication at some point in the future, those could be jeopardized by a federal act, or is there a federal right they may have applied for, such as the Forest Service? Mr. Spackman said he has some examples of that kind of delivery system, such as ditches for irrigation and he thinks those were treated in different ways and it may be how long that water was diverted in that ditch. Mr. Semanko said if you don’t adjudicate, that federal lands issue is out there, regardless. Adjudication is an impetus.

The Clark Fork/Pend Oreille River Basin adjudication is enabled by statutes that were put in place. This is in three phases, but before doing anything, they still have to go before the Joint Finance Appropriations Committee (JFAC) and say they’re ready to start this adjudication and hope JFAC will give financial authorization. The Department of Water Resources is not asking for additional money.

Mr. Weaver spoke of sending the idea of the Kootenai River Basin to the Governor and when he met with Representative Sage Dixon in June, he felt it was his job to submit information. Mr. Weaver said his comments when they met, were based on public sentiment, whether or not to move forward and if support was there.

Commissioner Kirby said he would like to help in not getting this done. Mr. Spackman said they had just come to Commissioners for conversation. If the process doesn’t happen this year or in the next year that is fine, but at least the local people are informed and they eventually may see the advantage. It was said, if legislation passes in year 2020, it would be a shock to this community.

2:50 p.m., the meeting to discuss the Kootenai Basin/North Idaho adjudication ended and Mr. Spackman, Mr. Weaver, Mr. Keen, Mr. Semanko, and Bob Olson and Erik Olson left the meeting.

Commissioner Cossairt moved to sign the Certificate of Residency for Marta Matthews. Commissioner Kirby second. Motion passed unanimously.

2:51 p.m., Boundary Community Hospital CEO Craig Johnson and Hospital Board of Trustees Elden Koon joined the meeting.

Connie Wells joined the meeting.

Mr. Johnson stated that he wanted to meet to talk about the hospital budget as he had some information that the county had made proposals as far as support for the hospital budget, but he hadn’t heard anything official. Mr. Johnson added that he has information about Medicaid expansion.

Mr. Johnson handed out information on the effects of Medicaid expansion as provided by the Medicaid expansion website through the Department of Health and Welfare. Mr. Johnson said these population projections in the handout are individuals the Department of Health and Welfare already has a relationship with. Those present discussed matters related to estimated additional costs, budget, indigency, etc. Mr. Johnson said the hospital’s interpretation is that the county is paying $500,000.00 per year to indigent, but that it will pay less. Clerk Poston said she participated in a conference call on expansion and was given four different scenarios. There is revenue sharing of sales tax and a discussion of foregone was had. Clerk Poston said she has different questions of her own that she needed to ask of the Idaho Association of Counties. Boundary County was around approximately $160,000, but she doesn’t recall seeing any mention of $500,000. Chairman Dinning asked where that figure came from and Mr. Johnson said it’s the amount of $37,844.00 in estimated additional cost to the county due to Medicaid and $480,840.00 in available foregone. It was said the additional cost may go back to the sum of $136,916 for the estimated maximum county Medicaid Contribution and the amount of $37,844.00. A comment was made that Idaho Association of Counties Executive Director Seth Grigg stating that part of the reason for the $480,000 is that when the hospital had the maintenance and operation levy for two years, the county was at the maximum rate and because we assumed we are at maximum rate, the county chose not to levy taxpayers the maximum amount. Mr. Grigg was told that there are anomalies in foregone in each instance. Mr. Johnson said we’re all trying to interpret where we are and he would like as much support for the hospital as possible. Mr. Johnson stated that he would like to determine where we are at before he talks to bankers.

It was said there is movement to have the counties pay the cost and when you start taking sales tax or revenue sharing, a majority of that is used in the justice fund. If funds are getting pulled from revenue sharing, the county has no other levy ability to replace those funds that the county is using in the justice fund. Public defense comes out of the indigent levy and we’re at $217,000 with that. It doesn’t go to medical, according to Chairman Dinning. Mr. Johnson said on the hospital side, it ends up the State wants the hospital to pay for it. We’re small voices here in the north, but we need to tell the Idaho Association of Counties and the Idaho Hospital Association that they cannot do this. The county is getting one line of information and the hospital is receiving another line of information. Mr. Johnson said he would still talk with the Hospital Association. Chairman Dinning commented that $270,000 is what the county has budgeted for the hospital.

Commissioner Cossairt moved to appoint Elaine Morgan to the Hospital Board of Trustees to fill a position left vacant by Larry Nelson. Commissioner Kirby second. Motion passed unanimously.

The meeting with Mr. Johnson and Mr. Koon ended at 3:10 p.m.

3:11 p.m., Restorium Administrator Karlene Magee, Assistant Administrator Diana Lane, Restorium Board member Jeannie Robinson, Connie Wells, and Chief Deputy Clerk Tracie Isaac joined the meeting.

Ms. Magee said the boiler was inspected, but she doesn’t have the report yet. In talking to Restorium Maintenance Squire Fields, the boiler is okay for the moment, but Cool-it said they wouldn’t inspect it again because it’s so obsolete that he would not be able to get parts. It was said that this boiler’s longevity is uncertain. Cool-it did just conduct a full inspection, according to Ms. Magee. Chairman Dinning asked about budget for a new boiler and Ms. Magee said she has budgeted for a boiler this next year. Chairman Dinning asked Ms. Magee if she had learned any more about records retention for files at the Restorium. Ms. Magee said for Medicaid the minimum is five years, but the rules and regulations for this facility is three years so five years is how long she will keep certain files. Chairman Dinning suggested putting this information in the Restorium’s policy so we can find it next time there is a question.

Commissioners and Ms. Magee briefly discussed the request of the Restorium Board to change the date of their meetings to the fourth Thursday of each month at the time of 10:00 a.m., and the location is in the ground level of the Restorium, 6619 Kaniksu Street. Commissioners will adopt a resolution for this change.

3:16 p.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 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 3:43 p.m. No action was taken.

Ms. Magee, Ms. Lane, Ms. Wells, and Ms. Robinson left the meeting.

Commissioner Cossairt moved to authorize the Chairman to sign the Idaho Department of Lands Temple-Deer II Project Reimbursement Request Form for the amount of $13,434.00. Commissioner Kirby second. Motion passed unanimously.

3:45 p.m., Commissioners, Clerk Poston and Chief Deputy Clerk Isaac met to review the county’s personnel policy.

The meeting with Clerk Poston and Chief Deputy Clerk Isaac ended at 4:08 p.m.

Commissioner Cossairt moved to sign Certificates of Residency for Edie Callison, Isaac Wilson and Christopher Espinoza. Commissioner Kirby second. Motion passed unanimously.

There being no further business, the meeting adjourned at 4:45 p.m.

These minutes were approved on September 3, 2019.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk